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Ministry of Justice

Russian Federation

On March 18, 2021 No. 62812

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 9, 2021 No. 5732-U

About cases of non-use of restrictions for the conclusion by the managing company performing functions of sole executive body of joint-stock investment fund or operating as the trustee with assets of joint-stock investment fund or mutual investment fund, shares (investment shares) of which are intended for skilled investors, loan agreements and credit agreements and issue of orders on the conclusion of the specified agreements

This Instruction based on Item 7 of article 40 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2019, No. 30, the Art. 4150) establishes cases of non-use of restrictions for the conclusion by the managing company performing functions of sole executive body of joint-stock investment fund or operating as the trustee with assets of joint-stock investment fund or mutual investment fund, shares (investment shares) of which are intended for skilled investors, loan agreements and credit agreements and issue of orders on the conclusion of the specified agreements.

1. The restriction set by the subitem 5 of Item 1 of article 40 of the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" regarding the conclusion by the managing company performing functions of sole executive body of joint-stock investment fund or operating as the trustee with assets of joint-stock investment fund or mutual investment fund, shares (investment shares) of which are intended for skilled investors (further - managing company), loan agreements according to which the managing company is creditor, and also issues of orders by managing company on the conclusion of the specified agreements is not applied if the charter (rules of trust management) of investment fund provides the conclusion of the specified agreements.

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