ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 22, 2018 No. 315

About the notification procedure of Federal Service for Financial Monitoring separate legal entities about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks, about the conclusion, agreement cancelation on maintaining the register of owners of securities with person having license for activities on maintaining the register of owners of securities

According to part 3 of article 1 of the Federal law "About Opening of Bank Accounts and Letters of Credit, about the Conclusion of Bank Deposit Agreements, Contracts for Maintaining the Register of Owners of Securities by the Economic Societies Having Strategic Importance for Defense Industry Complex and Safety of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation", Item 3 of article 24.1 of the Federal law "About State and Municipal Unitary Enterprises", part 8 of article 3 of the Federal Law "About the State corporation on space activities Roskosmos, part 7 of article 3 of the Federal Law "About State Atomic Energy Corporation "Rosatom", part 6 of article 2 of the Federal Law "About the State corporation on assistance to development, production and export of high-technology industrial output Rostec, part 5 of article 3 of the Federal law "About Russian Highways State-owned Company and about Modification of Separate Legal Acts of the Russian Federation" and part 3.1 of article 5 of the Federal law "About the Public Companies in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of the notification of Federal Service for Financial Monitoring by separate legal entities about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks, about the conclusion, agreement cancelation on maintaining the register of owners of securities with person having license for activities on maintaining the register of owners of securities.

2. Provide to Federal Service for Financial Monitoring development and approval of the legal acts directed to implementation of this resolution within 180 days from the date of its entry into force.

3. Realization of the powers provided by this resolution is performed by Federal Service for Financial Monitoring within the number of her workers, and also budgetary appropriations provided to Service in the federal budget on management and management in the field of the established functions established by the President of the limiting Russian Federation.

4. Declare invalid the order of the Government of the Russian Federation of December 29, 2015 No. 1479 "About approval of Rules of the notification of Federal Service for Financial Monitoring by the economic societies having strategic importance for defense industry complex and safety of the Russian Federation and also the societies which are under their direct or indirect control about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks" (The Russian Federation Code, 2016, No. 2, the Art. 354).

Approved by the Order of the Government of the Russian Federation of March 22, 2018 No. 315

Rules of the notification of Federal Service for Financial Monitoring separate legal entities about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks, about the conclusion, agreement cancelation on maintaining the register of owners of securities with person having license for activities on maintaining the register of owners of securities

1. These rules determine the notification procedure of Federal Service for Financial Monitoring about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks, about the conclusion, agreement cancelation on maintaining the register of owners of securities with person having license for activities on maintaining the register of owners of securities:

a) the economic societies having strategic importance for defense industry complex and safety of the Russian Federation, determined by those according to part 6 of article 1 of the Federal law "About Opening of Bank Accounts and Letters of Credit, about the Conclusion of Bank Deposit Agreements, Contracts for Maintaining the Register of Owners of Securities by the Economic Societies Having Strategic Importance for Defense Industry Complex and Safety of the Russian Federation and Modification of Separate Legal Acts of the Russian Federation", and the societies which are under their direct or indirect control - in the case provided by part 7 of article 1 of the specified Federal Law;

b) the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation, determined by those according to Item 5 of article 2 of the Federal law "About State and Municipal Unitary Enterprises", and the economic societies which are under their direct or indirect control - in case, stipulated in Item the 12th article 24.1 of the specified Federal Law;

c) The state corporation on space activities Roskosmos, State Atomic Energy Corporation "Rosatom", the State corporation on assistance to development, production and export of high-technology industrial output Rostec, Russian Highways State-owned company and the public companies.

2. The Federal Service for Financial Monitoring is notified:

a) the economic societies having strategic importance for defense industry complex and safety of the Russian Federation and the societies which are under their direct or indirect control - about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks, about the conclusion, agreement cancelation on maintaining the register of owners of securities with person having license for activities on maintaining the register of owners of securities;

b) the federal unitary enterprises having strategic importance for defense industry complex and safety of the Russian Federation and the economic societies which are under their direct or indirect control - about each opening, closing, change of account details, the covered (deposited) letters of credit in foreign banks, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them, about acquisition and about alienation of securities of foreign banks;

c) The state corporation on space activities Roskosmos, State Atomic Energy Corporation "Rosatom", the State corporation on assistance to development, production and export of high-technology industrial output Rostec, Russian Highways State-owned company and the public companies - about each opening, closing, change of foreign bank account details, the conclusion, agreement cancelation of the bank account, bank deposit agreements (deposit) with foreign banks and introduction of changes in them.

3. The organizations specified in Item 1 of these rules (further - the organizations), no later than 5 working days following behind day of the corresponding events specified in Item 2 of these rules create and send to Federal Service for Financial Monitoring the message electronically (further - the electronic message).

4. If the foreign bank account of the organization is opened in day of the conclusion of bank account agreement or bank deposit agreement (deposit), the organization creates one electronic message on opening of the foreign bank account which at the same time is the notification on the conclusion the organization of bank account agreement or bank deposit agreement (deposit).

5. Requirements to format and structure of electronic messages, and also procedure for their forming by the organizations are determined by Federal Service for Financial Monitoring.

6. Electronic messages go to Federal Service for Financial Monitoring through personal account of the organizations on the portal of Federal Service for Financial Monitoring on the Internet. The procedure for connection of the organization to personal account of the organization on the portal of Federal Service for Financial Monitoring on the Internet is determined by Federal Service for Financial Monitoring.

7. Electronic messages are signed by the strengthened qualified digital signature of person performing functions of sole executive body of the organization, or the other person, representative to act on behalf of the organization.

8. If it is impossible to direct the electronic message through personal account of the organization before elimination of the reasons interfering such direction, the organization represents to Federal Service for Financial Monitoring the electronic message on the optical or digital data carrier with appendix of the cover letter on paper.

The cover letter attached to the optical or digital data carrier is signed by person performing functions of sole executive body of the organization or the other person, the representative to act on behalf of the organization, and it is represented in Federal Service for Financial Monitoring directly or goes by mail the registered mail.

9. In case of detection by the organization of incompleteness, inaccuracies or mistakes in earlier directed electronic message the organization no later than 3 working days from the date of their detection repeatedly creates and directs the modified electronic message according to the procedure, provided by these rules.

10. The Federal Service for Financial Monitoring performs control procedures of authenticity and integrity, formatno-logical control of each electronic message directed according to Items 6 and 8 of these rules.

11. By results of the procedure of the verification of the electronic message specified in Item 10 of these rules, the Federal Service for Financial Monitoring creates the following documents:

a) receipt on acceptance of the electronic message;

b) the notification on refusal in adoption of the electronic message.

12. Day of the direction in Federal Service for Financial Monitoring of the electronic message according to Item 6 of these rules the day fixed in placed in personal account of the organization of the receipt on acceptance of the electronic message or the notification on refusal in adoption of the electronic message is considered.

Day of the direction in Federal Service for Financial Monitoring of the electronic message according to Item 8 of these rules the day specified in the receipt of the official of Federal Service for Financial Monitoring who accepted the optical or digital data carrier with the cover letter or in the receipt on sending the mailing is considered.

13. Day of receipt of the electronic message by Federal Service for Financial Monitoring the day fixed in placed in personal account of the organization of the receipt on acceptance of the electronic message or the notification on refusal in adoption of the electronic message, or the day specified on the stamp print which is put down by the official of Federal Service for Financial Monitoring, confirming receipt of the optical or digital data carrier and the cover letter attached to it is considered.

14. The electronic message directed according to Item 6 of these rules is deemed accepted by Federal Service for Financial Monitoring if in personal account of the organization the receipt on acceptance of the electronic message is placed. Such receipt in personal account of the organization is placed in day of the direction the organization of the electronic message.

15. The Federal Service for Financial Monitoring refuses acceptance of the electronic message in the following cases:

a) discrepancy to format and the structure determined according to Item 5 of these rules;

b) lack of the strengthened qualified digital signature of person, the representative to sign electronic messages, or discrepancy of data of the owner of the certified means of the strengthened qualified digital signature to data of person, representative to sign electronic messages;

c) it to sign absence on the cover letter of the signature of person, representative according to Item 8 of these rules;

d) damage (defect) of the optical or digital data carrier which does not allow to read content of the electronic message which is written down on such data carrier.

16. In case of refusal in acceptance of the electronic message on the bases specified in subitems "an" and "b" of Item 15 of these rules which is directed according to Item 6 of these rules the Federal Service for Financial Monitoring places in personal account of the organization the notification on refusal in its acceptance with indication of cause of failure on the same day.

In case of refusal in acceptance of the electronic message on the bases specified in subitems "a", "v" and "g" of Item 15 of these rules which is directed according to Item 8 of these rules the Federal Service for Financial Monitoring within 3 working days from the date of receipt of the electronic message directs to the organization the notification on refusal in its acceptance with indication of cause of failure. Such notification is placed in personal account of the organization or goes the registered mail with the assurance of receipt.

17. In case of obtaining from Federal Service for Financial Monitoring of the notification on refusal in adoption of the electronic message the organization shall remove the causes which entailed such refusal and no later than 3 working days following behind day of receipt of such notification repeatedly to create and direct the electronic message according to the procedure, provided by these rules.

18. Procedure Federal Service for Financial Monitoring of procedures of verification of the electronic message, and also feature of forming and the direction of the documents specified in Item 11 of these rules are determined by Federal Service for Financial Monitoring.

19. The electronic messages and also received by the organizations from Federal Service for Financial Monitoring of the receipt on acceptance of the electronic message and the notification on refusal sent by the organizations to Federal Service for Financial Monitoring are stored in adoption of the electronic message by the organizations at least 5 years from the date of their direction or obtaining respectively.

20. Under advice the organizations of Federal Service for Financial Monitoring about the events specified in Item 2 of these rules provide information security in accordance with the legislation of the Russian Federation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info