INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of March 22, 2019 No. 5099-U

About requirements to calculation of the size of own means when implementing professional activity in the security market, and also in case of receipt of the license (licenses) for implementation of professional activity in the security market

This Instruction based on Items 3 and 6 of Article 42, Item 3 of article 44 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, Art. 7524; No. 53, of the Art. 8440) (further - the Federal Law "About the Security Market") establishes requirements to calculation of the size of own means when implementing professional activity in the security market, and also in case of receipt of the license (licenses) for implementation of professional activity in the security market.

Chapter 1. General provisions

1.1. The legal entity performing the type (types) of professional activity in the security market specified (specified) in Articles 3 - 5, 7 and 8 Federal Laws "About the Security Market" (further - the professional participant) shall calculate the size of own means as difference between:

asset cost of the professional participant, 2 presents of the Instruction provided by Chapter (further - assets);

the size of the obligations of the professional participant provided in lines 23 - the 36th forms of the reporting 0420002 "The balance sheet of the not credit financial credit institution" established by appendix 1.1 to the Provision of the Bank of Russia of February 3, 2016 No. 532-P "Industry standard of the financial accounting "Procedure for Creation of Accounting (Financial) Records of Professional Participants of the Security Market, Joint-stock Investment Funds, Organizers of Trade, Central Partners, Clearing Organizations, Specialized Depositaries of Investment Fund, Mutual Investment Fund and Non-state Pension Fund, Managing Companies of Investment Fund, Mutual Investment Fund and Non-state Pension Fund, Bureau of Credit Histories, Credit Rating Agencies, Insurance Brokers" to No. registered by the Ministry of Justice of the Russian Federation on March 2, 2016 41299, on December 15, 2016 No. 44749, on September 28, 2017 No. 48350 (further - obligations).

1.2. The professional participant shall calculate the size of own means monthly as of the last calendar date of month, and in case of the direction of the requirement of the Bank of Russia according to Item 7 of article 44 of the Federal law "About the Security Market" - as of the date specified in such requirement (further - settlement date the professional participant of the size of own means).

1.3. The professional participant shall accept to calculation of the size of own means assets (except for the assets specified in the paragraph the second this Item) on their book value for settlement date the professional participant of the size of own means based on accounting data with observance of the conditions provided by Chapter 3 presents of the Instruction.

The professional participant shall accept to calculation of the size of own means of the eurobond on which obligations are fulfilled according to the Presidential decree of the Russian Federation of July 5, 2022 No. 430 "About repatriation by residents - participants of foreign economic activity of foreign currency and currency of the Russian Federation", and the eurobond of the Russian Federation on which obligations are fulfilled according to the Presidential decree of the Russian Federation of September 9, 2023 No. 665 "About temporary procedure for execution before residents and foreign creditors of the state debt obligations of the Russian Federation expressed in government securities which nominal value is specified in foreign currency, and other obligations on foreign securities", at fair value, determined according to the Section "Assessment" of the International accounting standard (IFRS) 13 "Assessment of fair value" the Ministry of Finance of the Russian Federation enacted in the territory of the Russian Federation by the order of December 28, 2015 No. 217n "About introduction of International accounting standards and Explanations of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders (separate provisions of orders) of the Ministry of Finance of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on February 2, 2016, registration No. 40940) with the changes made by the order of the Ministry of Finance of the Russian Federation of July 11, 2016 No. 111n "About enforcement and cancellation of documents of International accounting standards in the territory of the Russian Federation" (registration No. 43044) (further respectively - the order of the Ministry of Finance of the Russian Federation No. 111n, the order of the Ministry of Finance of the Russian Federation No. 217n is registered by the Ministry of Justice of the Russian Federation on August 1, 2016), with amendments, enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation of June 27, 2016 No. 98n "About introduction of documents of International accounting standards in action in the territory of the Russian Federation and about recognition voided some orders of the Ministry of Finance of the Russian Federation" (registration No. 42869) is registered by the Ministry of Justice of the Russian Federation on July 15, 2016 (further - the order of the Ministry of Finance of the Russian Federation No. 98n), the order of the Ministry of Finance of the Russian Federation No. 111n (further - IFRS (IFRS) 13), and appendix B to IFRS (IFRS) 13, with observance of the conditions provided by Chapter 3 presents of the Instruction for settlement date the professional participant of the size of own means.

1.4. The professional participant shall assume to calculation of the size of own means obligations on their book value for settlement date the professional participant of the size of own means based on accounting data taking into account the following features.

The professional participant shall assume to calculation of the size of own means the agreement obligation of lease for the term of more than 12 months recognized according to the Provision of the Bank of Russia of March 22, 2018 No. 635-P "About procedure for reflection on accounts of financial accounting of lease agreements by not credit financial credit institutions" (it is registered by the Ministry of Justice of the Russian Federation on April 16, 2018, registration No. 50781, with the changes made by Instructions of the Bank of Russia of August 17, 2020 No. 5533-U (it is registered by the Ministry of Justice of the Russian Federation on October 8, 2020, registration No. 60303), of September 14, 2020 No. 5544-U (it is registered by the Ministry of Justice of the Russian Federation on October 14, 2020, registration No. 60389), of August 16, 2022 No. 6219-U (it is registered by the Ministry of Justice of the Russian Federation on September 20, 2022, registration No. 70157), of September 14, 2022 No. 6235-U (it is registered by the Ministry of Justice of the Russian Federation on October 19, 2022, registration No. 70621) (further - the Provision of the Bank of Russia No. 635-P), in the amount of excess of the amount of the specified obligation of the professional participant over the cost of the Bank of Russia No. 635-P of asset of the professional participant recognized according to the Provision in the form of right to use according to the specified lease agreement.

Paragraphs the third and fourth voided according to the Instruction of the Central bank of the Russian Federation of 09.10.2023 No. 6570-U

If obligations of the professional participant having license for activities on maintaining the register of owners of securities (further - the registrar), are obligations on rendering to the issuer the services connected with corporate actions of the issuer, the registrar shall assume to calculation of the size of own means the specified obligations less the amounts of the advance payments paid by the registrar for rendering to it by the third parties of the services connected with execution of the specified obligations.

In case of origin at the professional participant before the clients of the obligations on transfer (return) of cash amount considered on the transit accounts opened to the professional participant by authorized banks, stipulated in Item 8 parts 1 of article 1 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2019, No. 49, of the Art. 6957), in connection with opening to the professional participant of bank accounts on which according to requirements of the legislation of the Russian Federation regulating activities of professional participants there shall be money of his clients the specified obligations are not assumed by the professional participant to calculation of the size of own means.

1.5. If when calculating the size of own means the professional participant revealed the decrease in the size of own means below value of the minimum size of own means calculated by formula, stipulated in Item 2 Instructions of the Bank of Russia of May 11, 2017 No. 4373-U "About requirements to own means of professional participants of the security market" registered by the Ministry of Justice of the Russian Federation on June 5, 2017 No. 46943, on April 23, 2018 No. 50864 (further - the Instruction of the Bank of Russia No. 4373-U) which arose on the circumstances which are not depending on actions of the professional participant as a result of discrepancy of own means of assets taken to calculation of the size to one or several conditions established in paragraphs second, third subitem 3.1.1 of Item 3. 1, Items 3. 2, 3. 4, paragraphs the second - the fourth Item 3.6 of this Instruction, the professional participant shall eliminate the specified discrepancy within two months from the moment of its origin, except for the case specified in the paragraph the second this Item.

If when calculating the size of own means the professional participant revealed the decrease in the size of own means of the professional participant below value of the minimum size of own means calculated by formula, stipulated in Item 2 Instructions of the Bank of Russia No. 4373-U which resulted from discrepancy to one or several conditions established in the paragraphs second, third subitem 3.1.1 of Item 3 accepted to calculation of the size of own means of assets. 1, paragraph the fourth Item 3. 4, paragraphs the third, fourth Item 3.6 of this Instruction, in connection with acceptance by the Board of directors of the Bank of Russia of the decision on increase in level of the credit rating specified in the paragraph the second subitem 3.1.1 of Item 3.1 of this Instruction, the professional participant shall eliminate the specified discrepancy within six months from the date of publication of information on the specified decision on the official site of the Bank of Russia on the Internet.

1.6. Requirements of this Instruction do not extend to professional participants, being credit institutions, and also the professional participants having the license of managing company of investment funds, mutual investment funds and non-state pension funds.

Chapter 2. The assets accepted to calculation of the size of own means of the professional participant

2.1. The professional participant shall accept to calculation of the size of own means the following assets, except for the assets specified in Item 2.2 of this Instruction.

2.1.1. The money of the professional participant which is in cash desk.

2.1.2. The money of the professional participant and his clients which is on settlement accounts of the professional participant and special bank accounts in credit institutions and foreign banks.

2.1.3. Money and precious metals of the professional participant in deposits (in deposits) in credit institutions and foreign banks (except for subordinated deposits), and also the amounts of the percent which are due to the professional participant on contribution (deposit) for settlement date the professional participant of the size of own means.

2.1.4. The precious metals of the professional participant and his clients which are on accounts of the professional participant in credit institutions.

2.1.5. The money of the professional participant transferred according to the trust management agreement to the managing director and (or) the foreign person having the right according to its personal law to perform activities for management of securities.

2.1.6. The money of the professional participant and his clients transferred under the agreement on broker servicing to the broker and (or) the foreign person having the right according to its personal law to perform broker activities in the security market.

2.1.7. The money, precious metals, securities of the professional participant, money and precious metals of clients of the professional participant transferred according to the agreement on rendering clearing services for execution and (or) providing the obligations of the professional participant allowed to clearing and (or) his clients, including individual and collective clearing providing.

2.1.8. Receivables on payment to the professional participant of remunerations and expense recovery for agreements on paid rendering services.

2.1.9. Receivables on the payment levied by the registrar from registered persons for carrying out transactions on personal accounts and for provision of information from the register of owners of securities (for the professional participants who are registrars).

2.1.10. The marginal loans granted the clients of the professional participant having the license for implementation of broker activities (further - the broker), referred according to the agreement on broker servicing to category of clients with standard risk level or clients with the increased risk level (for the professional participants who are brokers).

2.1.11. Ceased to be valid according to Item 5.2 of this Instruction

2.1.12. Shares of the Russian issuers, being public joint stock companies, and shares of foreign issuers, and also depositary receipts on them.

2.1.13. Bonds of the Russian and foreign issuers, except for subordinated and structural bonds.

2.1.14. Investment shares of mutual investment funds, and also securities of foreign issuers which according to their personal law belong to schemes of collective investment or schemes of joint investment, both with education, and without formation of legal entity (further - foreign funds).

2.1.15. The assets which are not listed in subitems 2.1.1 - 2.1.14 both 2.1.18 presents of Item and being financial assets representing the rights of receipt of money or other financial assets provided by agreements from the third parties or exchange of financial assets (financial liabilities) with the third parties on the conditions potentially profitable to the professional participant according to the International accounting standard (IAS) 32 "Financial instruments: representation", the order of the Ministry of Finance of the Russian Federation No. 217n enacted in the territory of the Russian Federation with the amendments enacted in the territory of the Russian Federation by the order of the Ministry of Finance of the Russian Federation No. 98n, the order of the Ministry of Finance of the Russian Federation No. 111n, the order of the Ministry of Finance of the Russian Federation of June 4, 2018 No. 125n "About introduction of the document of International accounting standards in action in the territory of the Russian Federation" (registration No. 51396) is registered by the Ministry of Justice of the Russian Federation on June 21, 2018, the order of the Ministry of Finance of the Russian Federation of December 14, 2020 No. 304n "About introduction of the document of International accounting standards "Amendments to IFRS (IFRS) 17 "Insurance contracts" in action in the territory of the Russian Federation" (registration No. 62135) is registered by the Ministry of Justice of the Russian Federation on January 19, 2021.

2.1.16. Deferred tax assets of the professional participant in the amount which is not exceeding deferred tax liabilities of the professional participant.

2.1.17. The real estate of the professional participant used for implementation of professional activity in the security market and (or) for its managerial needs, accepted by the professional participant to financial accounting as fixed assets.

2.1.18. Receivables of managing company of exchange mutual investment fund (further - exchange fund):

arisen in connection with payment by the professional participant, being No. 156-FZ specified in the subitem 2 of Item 6 of article 11 of the Federal Law of November 29, 2001 "About investment funds" person authorized by managing company of exchange fund (further - the authorized person), investment shares of the specified exchange fund in case of their issue;

on payment of monetary compensation in connection with repayment of investment share of the exchange fund upon the demand of the professional participant which is the authorized person.

2.2. The professional participant shall not accept the following assets to calculation of the size of own means.

2.2.1. Assets concerning which encumbrance or restriction of the order is set (including assets which it is seized or the order which it is limited based on the decision of public authority or restriction of the order by which it is set owing to unfriendly actions of foreign states, the international organizations, the foreign financial organizations including connected with introduction of rationing arrangements concerning the Russian Federation, the Russian legal entities and citizens of the Russian Federation (further - unfriendly actions).

The restriction provided by paragraph one of this subitem does not extend on:

the assets of the professional participant transferred according to the agreement on rendering clearing services for execution and (or) providing the obligations of the professional participant allowed to clearing including individual and collective clearing providing if concerning these assets encumbrance or restriction of the order on other bases is not set;

assets of clients of the professional participant in the amount of the cost which is not exceeding the size of cost of obligations of the professional participant on the specified assets before these clients, own means accepted by the professional participant to calculation of the size;

the securities acquired by the professional participant till December 31, 2023 specified in the paragraph the second Item 1.3 of this Instruction if the order is limited to these assets owing to unfriendly actions and at the same time concerning these assets other encumbrance or restriction of the order is not set.

2.2.2. Shares (share) of affiliated legal entities of the professional participant (including legal entities - nonresidents).

2.2.3. Securities which issuer has overdue, restructured debt to the professional participant and (or) is in process of liquidation and (or) concerning the issuer of which insolvency proceeding according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" is entered (The Russian Federation Code, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 27, Art. 3880; No. 29, Art. 4301; No. 30, Art. 4576; No. 48, Art. 6728; No. 49, Art. 7015, Art. 7024, Art. 7040, Art. 7061, Art. 7068; No. 50, Art. 7351, Art. 7357; 2012, No. 31, Art. 4333; No. 53, Art. 7607, Art. 7619; 2013, No. 23, Art. 2871; No. 26, Art. 3207; No. 27, Art. 3477, Art. 3481; No. 30, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6975, Art. 6984; 2014, No. 11, Art. 1095, Art. 1098; No. 30, Art. 4217; No. 49, Art. 6914; No. 52, Art. 7543; 2015, No. 1, Art. 10, Art. 11, Art. 29, Art. 35; No. 27, Art. 3945, Art. 3958, Art. 3967, Art. 3977; No. 29, Art. 4350, Art. 4355, Art. 4362; 2016, No. 1, Art. 11, Art. 27, Art. 29; No. 23, Art. 3296; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4237, Art. 4293, Art. 4305; 2017, No. 1, Art. 29; No. 18, Art. 2661; No. 25, Art. 3596; No. 31, Art. 4761, Art. 4767, Art. 4815, Art. 4830; No. 48, Art. 7052; 2018, No. 1, Art. 54; No. 11, Art. 1588; No. 18, Art. 2557, Art. 2563, Art. 2576; No. 28, Art. 4139; No. 32, Art. 5115; No. 47, Art. 7140; No. 49, Art. 7524; No. 52, Art. 8102; No. 53, the Art. 8404, the Art. 8440) (further - the Federal Law "About Insolvency (Bankruptcy)").

2.2.4. The loans issued to legal entities who have overdue, restructured debt to the professional participant and (or) are in process of liquidation and (or) concerning which insolvency proceeding according to the Federal Law "About Insolvency (Bankruptcy)" is entered.

2.2.5. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 30.09.2021 No. 5954-U

2.2.6. Debt of legal entities who as of settlement date of the size of own means have overdue, restructured debt to the professional participant and (or) are in process of liquidation and (or) concerning which insolvency proceeding according to the Federal Law "About Insolvency (Bankruptcy)" is entered.

2.2.7. Ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 09.10.2023 No. 6570-U

Chapter 3. Conditions of acceptance by the professional participant of assets to calculation of the size of own means

3.1. The professional participant shall accept to calculation of the size of own means the assets specified in subitems 2.1.2 - 2.1.4 Items 2.1 of this Instruction if the specified assets correspond to one of the following conditions.

3.1.1. Money and (or) precious metals are placed:

in the credit institutions having credit rating is not lower than the level established by the Board of directors of the Bank of Russia according to Item 17.5 of part one of article 18 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5115; No. 49, Art. 7524; No. 53, the Art. 8411, the Art. 8440) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)") (further - the level established by the Board of directors of the Bank of Russia), and (or) in the credit institutions perfroming cash calculations following the results of clearing;

in the foreign banks which are meeting the requirements established by the subitem 1 of Item 2 of article 51.1 of the Federal law "About the Security Market", and having credit rating is not lower than the level established by the Board of directors of the Bank of Russia;

in international financial institutions.

3.1.2. Money and precious metals are placed on accounts and in deposits (in deposits) in the credit institutions which are not corresponding for settlement date the professional participant of the size of own means to the condition established by the paragraph the second subitem 3.1.1 of this Item at the same time the following conditions are at the same time complied:

concerning the specified credit institution the Board of directors of the Bank of Russia according to article 189.49 of the Federal law "About Insolvency (Bankruptcy)" approves the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of credit institution;

the credit institution corresponded to the conditions established by subitem 3.1.1 of this Item as of approval date the Board of directors of the Bank of Russia of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the specified credit institution or within six months preceding the specified date;

information on guaranteeing by the Bank of Russia going concern of the specified credit institution is posted on the official site of the Bank of Russia on the Internet;

the term of finding of money and precious metals on accounts and in deposits (in deposits) in the specified credit institution does not exceed the term of implementation of the plan of participation of the Bank of Russia in implementation of measures for the prevention of bankruptcy of the specified credit institution.

3.1.3. Money is placed on accounts and in deposits (in deposits) in the credit institutions which are not corresponding for settlement date the professional participant of the size of own means to the conditions provided by the paragraph the second subitem 3.1.1 or subitem 3.1.2 of this Item, but is subject to insurance according to the Federal Law upon December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation" (The Russian Federation Code, 2003, No. 52, Art. 5029; 2004, No. 34, Art. 3521; 2005, No. 1, Art. 23; No. 43, Art. 4351; 2006, No. 31, Art. 3449; 2007, No. 12, Art. 1350; 2008, No. 42, Art. 4699; No. 52, Art. 6225; 2011, No. 1, Art. 49; No. 27, Art. 3873; No. 29, Art. 4262; No. 49, Art. 7059; 2013, No. 19, Art. 2308; No. 27, Art. 3438; No. 49, Art. 6336; No. 52, Art. 6975; 2014, No. 14, Art. 1533; No. 30, Art. 4219; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 14; No. 27, Art. 3958; No. 29, Art. 4355; 2016, No. 27, Art. 4297; 2017, No. 18, Art. 2661, Art. 2669; No. 31, Art. 4789, Art. 4816; 2018, No. 1, Art. 54, Art. 66; No. 11, Art. 1588; No. 18, Art. 2576; No. 28, Art. 4139; No. 32, Art. 5115; No. 47, Art. 7140; No. 49, Art. 7524). The professional participant shall accept the specified money to calculation of the size of own means in the amount which is not exceeding the amount of compensation on contribution (deposits) according to the Federal Law of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation".

3.2. The professional participant shall accept to calculation of the size of own means the assets specified in subitems 2.1.5 and 2.1.6 of Item 2.1 of this Instruction in case of observance of the following conditions:

concerning the managing director and (or) the broker there is no decision of the Bank of Russia on cancellation of the license of the professional participant of the security market for implementation of activities for management of securities and (or) on the implementation of broker activities providing according to Item 1 of article 39.2 of the Federal law "About the Security Market" term for discharge, connected with implementation of the specified professional activity in the security market;

the foreign person who has the right according to the personal law to perform broker activities in the security market and (or) activities for management of securities, at the same time corresponds to the following conditions:

performs activities in the countries having country estimates on classification of the export credit agencies participating in the Agreement of member countries of Organization for Economic Cooperation and Development (further - OECD) "About the basic principles of provision and use of the export loans having official support" (further - country estimates), "0", "1", "2", "3", "4", or in the countries with the high level of the income which is members of OECD and (or) the European Union, passed to single monetary unit of the European Union (further - the Eurozone) (information on country estimates and the countries with the high level of the income which is members of OECD and (or) the Eurozone is posted on the website of OECD on the Internet);

the size of own means of the specified foreign person calculated according to the procedure, established by the personal law of the foreign person, in foreign currency exceeds the amount equivalent to 35 million rubles on the official rate of foreign currency in relation to the ruble established by the Bank of Russia according to Item 15 of article 4 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" for settlement date the professional participant of the size of own means.

3.3. The professional participant shall accept receivables provided by subitems 2.1.8 and 2.1.9 of Item 2.1 of this Instruction to calculation of the size of own means if the term of its repayment expires no later than 30 days from settlement date the professional participant of the size of own means.

3.4. The professional participant shall accept to calculation of the size of own means the securities specified in subitems 2.1.12 - 2.1.14 Items 2.1 of this Instruction if the specified securities correspond to one of the following conditions:

securities are government securities of the Russian Federation;

securities are included in the quoted list of the first (highest) level of the Russian exchange or in the main (official) list of the foreign exchange satisfying at least than one of the criteria established by the Bank of Russia based on item 4 of article 51.1 of the Federal law "About the Security Market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2021, No. 24, Art. 4210);

securities are the bonds provided with the state guarantee of the Russian Federation, and (or) bonds, to the issuer (release) of which credit score not lower than the level, the Bank of Russia established by the Board of directors is assigned, and (or) the bonds provided with the guarantee or independent guarantee of person having credit rating is not lower than the level established by the Board of directors of the Bank of Russia.

securities are bonds of the Russian issuers, the decision on which release contains condition about use of all money received from placement of the specified bonds on the purposes connected with financing of projects of technological sovereignty and the projects of structural adaptation of economy of the Russian Federation determined in Item 2 of the Regulations on conditions of reference of projects to projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation about submission of data on projects of technological sovereignty and projects of structural adaptation of economy of the Russian Federation and maintaining the register of the specified projects, and also about requirements to the organizations, authorized to represent the conclusions about compliance of projects to requirements to projects of technological sovereignty and to projects of structural adaptation of economy of the Russian Federation, No. 603 approved by the order of the Government of the Russian Federation of April 15, 2023 (further respectively - projects of TS and SAE, the bond of the CU and SAE) and concerning which the following conditions are at the same time complied:

bonds of the CU and SAE are placed after December 31, 2022;

the decision on bond issue of TS and SAE contains the following data:

the project description of CU and SAE for which financing the money received from placement of bonds of the CU and SAE with indication of the planned project deadline of TS and SAE and the predicted amount of their financing will be used;

data on the right of bondholders of TS and SAE to require early repayment of the bonds of the CU and SAE belonging to them in case of violation by the issuer of condition about target use of the money received from placement of bonds of the CU and SAE or specifying that such right is not provided to bondholders of TS and SAE;

the description of the mechanism of control of target use of the money received from placement of bonds of the CU and SAE which possibility of use the issuer shall provide;

to open data on obligation of the issuer (to provide) information on target use of the money received from placement of bonds of the CU and SAE with indication of amount, terms and procedure for disclosure (provision) for such information.

3.5. The professional participant shall accept to calculation of the size of own means the securities specified in subitem 2.1.14 of Item 2.1 of this Instruction, on their book value in the amount of, not exceeding 25 percent of net assets value of mutual investment fund, net assets value of foreign fund for settlement date the professional participant of the size of own means.

The professional participant shall accept to calculation of the size of own means of the bond of the CU and SAE, corresponding to the conditions provided by paragraphs the sixth - the eleventh Item 3.4 of this Instruction and at the same time not corresponding to the conditions provided by paragraphs the second - the fourth Item 3.4 of this Instruction, on their book value in the amount of, not exceeding 5 total percent of asset cost accepted by the professional participant to calculation of the size of own means, except for the case provided by the paragraph third this Item.

The professional participant shall accept to calculation of the size of own means of the bond of the CU and SAE, corresponding to the conditions provided by paragraphs the sixth - the eleventh Item 3.4 of this Instruction and at the same time not corresponding to the conditions provided by paragraphs the second - the fourth Item 3.4 of this Instruction concerning which the professional participant renders services in their placement and (or) the organization of placement or according to Item 3 of part 3 of article 5 of the Federal Law of July 27, 2010 to No. 224-FZ "About counteraction to unauthorized use of the insider information and to market manipulation and on modification of separate legal acts of the Russian Federation" performs the actions directed to maintenance of the prices, demand, the offer and (or) the trading volume, on their book value in the amount of, not exceeding 10 total percent of asset cost, own means accepted by the professional participant to calculation of the size.

The cost of own means of bonds of the CU and SAE provided by paragraphs second and third this Item accepted by the professional participant to calculation of the size in total shall not exceed 10 total percent of asset cost accepted by the professional participant to calculation of the size of own means.

The securities transferred by the professional participant by the first part of the repurchase agreement without derecognition in financial accounting and corresponding to one of conditions, the stipulated in Item 3.4 presents of the Instruction are accepted to calculation of the size of own means of the professional participant for the cost which is not exceeding cash amount, received by the professional participant from the buyer by the first part of this repurchase agreement and provided that completion date of obligations by the second part of this repurchase agreement does not exceed 90 days from settlement date the professional participant of the size of own means.

3.6. The professional participant shall accept the assets provided by subitem 2.1.15 of Item 2.1 of this Instruction to calculation of the size of own means if they assume receipt of money, including foreign currency, precious metals, securities accepted to calculation of the size of own means of the professional participant in accordance with the terms, the stipulated in Item 3.4 presents of the Instruction, and the repayment period (execution) of the specified assets does not exceed 90 days from settlement date the professional participant of the size of own means, at the same time the specified assets correspond to one of the following conditions:

the specified assets are provided with pledge of securities or different way of providing, at the same time subject of the specified providing money, and (or) precious metals, and (or) the securities accepted to calculation of the size of own means of the professional participant in accordance with the terms, the stipulated in Item 3.4 presents of the Instruction and (or) clearing participation certificates are. The professional participant shall accept to calculation of the size of own means the specified assets on their book value in the amount of, not exceeding the fair value of the property transferred to providing, determined according to the Section "Assessment" IFRS (IFRS) 13 and appendix B to IFRS (IFRS) 13;

the specified assets are provided with the guarantee (independent guarantee, security payment), at the same time guarantor (guarantor) is person having credit rating is not lower than the level established by the Board of directors of the Bank of Russia. The professional participant shall accept the specified assets to calculation of the size of own means for their book value in the amount of, not exceeding the guarantee amount (independent guarantee, security payment);

the partner on assets has credit rating not lower than the level, the Bank of Russia established by the Board of directors. The professional participant shall accept the specified assets to calculation of the size of own means for their book value.

If the assets specified in subitem 2.1.15 of Item 2.1 of this Instruction at the same time meet the conditions established by paragraphs the second - the fourth this Item, the specified assets according to the decision of the professional participant are accepted to calculation of the size of own means in the amount of, provided by conditions of one of the specified paragraphs.

3.7. The professional participant shall accept to calculation of the size of own means the real estate specified in subitem 2.1.17 of Item 2.1 of this Instruction, on its book value in the amount of, not exceeding 25 total percent of asset cost accepted by the professional participant to calculation of the size of own means.

3.8. The professional participant shall accept receivables provided by the paragraph the second subitem 2.1.18 of Item 2.1 of this Instruction to calculation of the size of own means if investment shares of exchange fund in connection with which payment there were the specified receivables correspond to the condition established by the paragraph third Item 3.4 of this Instruction and at the same time the completion date of obligations provided by rules of trust management of exchange fund for the specified receivables of managing company of exchange fund did not expire.

The professional participant shall accept receivables provided by the paragraph third subitem 2.1.18 of Item 2.1 of this Instruction to calculation of the size of own means if the monetary compensation in connection with repayment of the investment shares of exchange fund corresponding to the condition established by the paragraph third Item 3.4 of this Instruction is subject to payment and at the same time the payment due date of the specified monetary compensation provided by rules of trust management of exchange fund did not expire.

3.9. If the asset belongs at the same time to several assets listed in subitems 2.1.1 - 2.1.18 Items 2.1 of this Instruction, such asset according to the decision of the professional participant is accepted to calculation of the size of own funds as one of transferred in subitems 2.1.1 - 2.1.18 Items 2.1 of this Instruction of assets.

Chapter 4. Requirements to calculation of the size of own means in case of receipt of the license (licenses) for implementation of professional activity in the security market

4.1. The legal entity intending to obtain the license (licenses) for implementation of the separate type (separate types) of professional activity in the security market specified (specified) in Articles 3 - 5, 7 and 8 Federal Laws "About the Security Market" (further - the license applicant) for the purposes of accomplishment of the licensed requirement established by subitem 2.1.1 of Item 2.1 of the Instruction of the Bank of Russia of July 27, 2015 No. 481-P "About licensed requirements and conditions of implementation of professional activity in the security market, restrictions for combination of separate types of professional activity in the security market and also about procedure and terms of submission to the Bank of Russia of the reports on discharge connected with implementation of professional activity in the security market in case of cancellation of the license of the professional participant of the security market" No. registered by the Ministry of Justice of the Russian Federation on August 25, 2015 38673, on July 29, 2016 No. 43030, on October 20, 2017 No. 48630, on January 22, 2019 No. 53485, shall calculate the size of own means as difference between:

asset cost of the license applicant, provided by subitems 2.1.1 - 2.1.4, 2.1.12 - 2.1.14 Items 2.1 and Item 4.4 of this Instruction, except for the assets of the license applicant provided by subitems 2.2.1 - 2.2.3 Items 2.2 of this Instruction;

the size of obligations of the license applicant reflected in its balance sheet presented in the Bank of Russia for receipt of the license for implementation of professional activity at the security market.

4.2. The license applicant shall calculate the size of own funds for date not earlier than five working days before date of representation by it in the Bank of Russia of documents for receipt of the license for implementation of professional activity in the security market (further - settlement date the license applicant of the size of own means).

4.3. The license applicant shall accept to calculation of the size of own means assets and liabilities on their book value for settlement date the license applicant of the size of own means based on accounting data with observance of the conditions specified in Items 3. 1, 3.4, 3.5, 4.4 of this Instruction.

4.4. If asset of the license applicant is the real estate acquired for the purpose of use for implementation of professional activity in the security market and (or) for its managerial needs, the license applicant shall accept to calculation of the size of own means the specified real estate in the amount of, not exceeding 25 total percent of asset cost accepted by the license applicant to calculation of the size of own means.

4.5. Requirements of this Chapter do not extend to license applicants, being credit institutions, professional participants or managing companies of investment funds, mutual investment funds and non-state pension funds.

Chapter 5. Final provisions

5.1. This Instruction is subject to official publication and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of March 6, 2019 No. 5) become effective after 30 days after day of its official publication, except for Item 3.7 of this Instruction.

Item 3.7 of this Instruction becomes effective since January 1, 2020.

5.2. Subitem 2.1.11 of Item 2.1 of this Instruction is effective till January 1, 2020.

5.3. Provisions of subitem 2.1.15 of Item 2.1 (regarding subitem 2.1.11 of Item 2.1 of this Instruction), Item 3.8 (in it is frequent subitem 2.1.11 of Item 2.1 of this Instruction) this Instruction are applied till January 1, 2020.

5.4. From the date of entry into force of this Instruction to declare invalid the Provision of the Bank of Russia of July 19, 2016 No. 548-P "About procedure of payments of own means of professional participants of the security market, and also license applicants of the professional participant of the security market", registered by the Ministry of Justice of the Russian Federation on August 19, 2016 No. 43321.

 

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