FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 26, 2019 No. 248-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 18, 2019

Approved by the Federation Council on July 23, 2019

Article 1

Bring in article 5 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2002, No. 52, Art. 5141; 2007, No. 50, Art. 6247; 2009, No. 48, Art. 5731; 2011, No. 7, Art. 905; No. 50, Art. 7357; 2013, No. 30, Art. 4084; 2015, No. 27, Art. 4001; 2017, No. 52, Art. 7920) following changes:

1) in part eleven the first offer to add with words ", except for the rights to require proper trust management of mutual investment fund and if other is not provided by the trust management agreement of securities, the rights to participate in general meeting of owners of investment shares in case of acceptance in trust management and (or) acquisition at the expense of the property which is in trust management, investment shares of mutual investment fund, trust management of which is exercised by the managing director";

Part the thirteenth after the words "If according to" add 2) with words "this Federal Law and (or)";

To add 3) with parts of the eighteenth - the twentieth the following content:

"If it is provided by the trust management agreement of securities, the managing director has the right to accept in trust management and (or) to acquire at the expense of the property which is in trust management, investment shares of mutual investment fund, trust management of which it exercises.

The managing director before acquisition of the investment shares provided by part of the eighteenth this Article shall notify the founder of management on intention to acquire the specified investment shares by the direction of the notification in writing containing reasons for transaction with the specified investment shares including data on compliance of such transaction to interests of the founder of management. The managing director can be exempted from discharge of duty, the provided this part, based on the written application of the founder of management about refusal of receipt of the specified notifications.

Regulations of Article 413 of the Civil code of the Russian Federation on the termination of the obligation by coincidence of the debtor and creditor in one person are not applied to the relations connected with acquisition by the managing director of the investment shares provided by part of the eighteenth this Article.".

Article 2

Bring in the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2007, No. 50, Art. 6247; 2009, No. 48, Art. 5731; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 48, Art. 6728; 2012, No. 31, Art. 4334; 2013, No. 27, Art. 3477; No. 30, Art. 4084; 2014, No. 11, Art. 1098; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2016, No. 27, Art. 4225; 2017, No. 31, Art. 4830; 2018, No. 1, Art. 66, 70; 2019, No. 18, Art. 2199) following changes:

1) in Article 11:

a) Item 4.1:

after words "mutual investment fund" to add with words ", not providing that investment shares of mutual investment fund are intended only for skilled investors,";

add with the paragraph of the following content:

"Agreements of managing company with specialized depositary, with person performing maintaining the register of owners of investment shares the appraiser and auditing organization before giving to specialized depositary on approval of the rules of trust management of mutual investment fund providing that investment shares of mutual investment fund are intended only for skilled investors (further - the investment share limited in turnover) are managing company without specifying on the fact that she acts as the trustee of mutual investment fund, and shall contain condition that from the date of completion (termination) of forming of mutual investment fund such agreements are considered concluded by managing company as to the trustee of mutual investment fund with indication of the name of mutual investment fund.";

b) add Item 5 with paragraphs of the following content:

"From the date of entry into force of the changes and amendments in rules of trust management of mutual investment fund connected with assignment of rights and obligations of managing company according to the trust management agreement of mutual investment fund of other managing company, the managing company has no right to dispose of the property constituting mutual investment fund and the property transferred to payment of investment shares and not included in structure of mutual investment fund (including income gained from such property), except for making of the actions necessary for assignment of rights and obligations of managing company according to the trust management agreement of mutual investment fund, including actions for transfer of the specified property of other managing company.

The managing company before transfer in full to other managing company of the rights and obligations according to the trust management agreement of mutual investment fund, and also concerning the rights and obligations which cannot be transferred shall be effective reasonably and honesty during the implementing of the rights and fulfillment of duties.

The managing company no later than three working days from the date of entry into force of the changes and amendments in rules of trust management of mutual investment fund connected with assignment of rights and obligations of managing company according to the trust management agreement of mutual investment fund of other managing company shall make all necessary actions for assignment of rights and obligations of other managing company according to the trust management agreement of such fund, including actions for transfer of other managing company of the property provided by the paragraph the second this Item, and all necessary for implementation of trust management of mutual investment fund of documents and data.";

Article 13 to state 2) in the following edition:

"Article 13. The property contributed to mutual investment fund

1. Money, and also other property provided by the investment declaration containing in rules of trust management of the relevant fund can be delivered in trust management of mutual investment fund if the possibility of transfer of such property is provided by rules of trust management of mutual investment fund.

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