INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of December 24, 2018 No. 5034-U

About modification of the Provision of the Bank of Russia of January 31, 2017 No. 577-P "About rules of conducting internal accounting by the professional participants of the security market performing broker activities, dealer activities and activities for management of securities"

1. Based on Items 3 and 4 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2004, No. 27, Art. 2711; No. 31, Art. 3225; 2005, No. 11, Art. 900; No. 25, Art. 2426; 2006, No. 1, Art. 5; No. 2, Art. 172; No. 17, Art. 1780; No. 31, Art. 3437; No. 43, Art. 4412; 2007, No. 1, Art. 45; No. 18, Art. 2117; No. 22, Art. 2563; No. 41, Art. 4845; No. 50, Art. 6247; 2008, No. 52, Art. 6221; 2009, No. 1, Art. 28; No. 18, Art. 2154; No. 23, Art. 2770; No. 29, Art. 3642; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 7, Art. 905; No. 23, Art. 3262; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3269; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4043, Art. 4082, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6985; 2014, No. 30, Art. 4219; 2015, No. 1, Art. 13; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, Art. 4348, Art. 4357; 2016, No. 1, Art. 50, Art. 81; No. 27, Art. 4225; 2017, No. 25, Art. 3592; No. 27, Art. 3925; No. 30, Art. 4444; No. 48, Art. 7052; No. 52, Art. 7920; 2018, No. 1, Art. 65, Art. 70; No. 17, Art. 2424; No. 18, Art. 2560; No. 32, Art. 5088; No. 49, of the Art. 7524) to bring in the Provision of the Bank of Russia of January 31, 2017 No. 577-P "About rules of conducting internal accounting by the professional participants of the security market performing broker activities, dealer activities and activities for management of securities", registered by the Ministry of Justice of the Russian Federation on May 22, 2017 No. 46772, the following changes.

1.1. In Item 2.1:

"the transactions made" to add paragraph two after words with the words "based on the agreements specified in Item 6.3 of this provision";

word in paragraph three "foreign currency, goods admitted to organized trading," to exclude.

1.2. Subitems 2.2. 5, 2.2.6 and 2.2.7 Items 2.2 to recognize invalid.

1.3. Third Item 3.16 to declare the paragraph invalid.

1.4. Add Item 3.19 with the new paragraph of the following content:

"The professional participant, not being credit institution, shall perform the internal cash accounting of the clients who are in cash desk. For this purpose the professional participant shall open the separate account (accounts) of the internal cash accounting of the clients who are in cash desk. At the same time the money of the clients who granted to the professional participant the right to exploit their money which are in cash desk shall be considered by the professional participant separately from money of the clients who did not grant such right.".

1.5. In subitem 3.20.2 of Item 3.20 of the word "special trading account of the participant of clearing" to exclude.

1.6. State Items 3.21 and 3.22 in the following edition:

"3.21. The cash amount reflected in accounts of the internal cash accounting of clients which contain specifying on lack of the right of the professional participant to exploit this money and the cash amount reflected in the account (accounts) of the internal cash accounting of the client (clients) who are in cash desk except money of the clients who granted to the professional participant the right to exploit their money shall be at least amounts of closing balances of the money reflected on accounts of internal accounting, opened for the clients of the professional participant who did not grant it such right.

3.22. Difference between the amount of closing balances of money on the accounts of the internal customer accounting which granted to the professional participant the right to exploit their money, and the cash amount reflected in accounts of the internal cash accounting of the clients containing specifying on the right of the professional participant to exploit their money, and on the accounts of the internal cash accounting which are in cash desk except money of the clients who did not grant to the professional participant the right to exploit their money, the professional participant shall reflect on the account of internal accounting of use of money of clients.".

1.7. Add Chapter 3 with Item 3.23 of the following content:

"3.23. Information specified in subitems 3.13.2 - 3.13.6 Items 3.13 of this provision, according to the decision of the professional participant in internal accounting are not reflected on condition of ensuring its reproduction with the professional participant of opportunity as a result of the calculations made based on information containing in other records of internal accounting, and representation on any timepoint.".

1.8. In Item 5.1:

the paragraph one to state in the following edition:

"5.1. The professional participant, not being credit institution, shall carry out reconciliation of data on balances in cash of clients on the account (accounts) of the internal cash accounting of clients with data which contain in the documents confirming availability of money of clients on accounts of the location of money.";

"professional participant" to add the first offer of the paragraph of third after words with words ", not being credit institution,".

1.9. Add Item 7.2 with subitem 7.2.4 of the following content:

"7.2.4. The data allowing to identify the worker who registered the order (requirement) or if registration of the order (requirement) is performed by program technical means automatically, the software by means of which it is registered.".

1.10. The first offer of subitem 9.4.8 of Item 9.4 to add with words ", with indication of expense types".

2. This Instruction becomes effective after 10 days after day of its official publication.

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