of July 14, 2022 No. 319-FZ
About modification of separate legal acts of the Russian Federation
Accepted by the State Duma on June 29, 2022
Approved by the Federation Council on July 8, 2022
Part the sixth article 24 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 2014, No. 52, Art. 7543; 2016, No. 15, Art. 2050; No. 18, the Art. 2669) to add 2017, with the offer of the following content: "The credit institution which is given the status of the central depositary develops and represents to the Bank of Russia the plan of recovery of financial stability taking into account the requirements established according to the Federal Law of December 7, 2011 No. 414-FZ "About the central depositary" and also makes changes to the plan of recovery of financial stability.".
Bring in 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; 2013, No. 27, Art. 3476; 2014, No. 52, Art. 7543; 2018, No. 32, Art. 5115; No. 49, Art. 7524) following changes:
To add 1) with Article 62.1-1 of the following content:
"Article 62.1-1. The Bank of Russia establishes for credit institution which is given the status of the central depositary, the following obligatory standard rates:
1) the standard rate of sufficiency of own means (capital) of credit institution which is given the status of the central depositary;
2) standard rates of liquidity of credit institution which is given the status of the central depositary.
Numerical values and method of calculation of obligatory standard rates of credit institution which is given the status of the central depositary are established by the regulation of the Bank of Russia.
The obligatory standard rates established by Items 2, 4 - 8 both 11 parts one of Article 62 and article 62.1 of this Federal Law are not applied to credit institution which is given the status of the central depositary.";
Article 76 to add 2) with part nine of the following content:
"The bases provided by Items 1 - 7 parts one of this Article, are not applied to non-bank credit institution - the central partner and credit institution which is given the status of the central depositary if in the specified organizations authorized representatives of the Bank of Russia according to the Federal Law of February 7, 2011 No. 7-FZ "About clearing, clearing activities and the central partner" or the Federal Law of December 7, 2011 No. 414-FZ "About the central depositary are appointed".".
Bring in the Federal Law of December 7, 2011 No. 414-FZ "About the central depositary" (The Russian Federation Code, 2011, No. 50, Art. 7356; 2013, No. 30, Art. 4084; 2015, No. 27, Art. 4001; No. 29, Art. 4357; 2018, No. 17, Art. 2429; No. 53, Art. 8440; 2019, No. 49, Art. 6953; No. 52, Art. 7802; 2020, No. 6, Art. 586) following changes:
1) regarding 1 Article 9:
a) in Item 10 of the word of "centralized depositary" shall be replaced with words "the central depositary";
b) add with Items 12 and 13 of the following content:
"12) plan of providing going concern of the central depositary;
13) plan of recovery of financial stability of the central depositary.";
To add 2) with Article 15.1 of the following content:
"Article 15.1. Providing going concern of the central depositary and recovery of financial stability of the central depositary
1. The central depositary shall develop and represent to the Bank of Russia the plan of providing going concern of the central depositary and the plan of recovery of financial stability of the central depositary, and in case of modification of the specified plans to represent such changes to the Bank of Russia.
2. The Bank of Russia performs assessment of the plan of providing going concern of the central depositary and the plan of recovery of financial stability of the central depositary, and also the changes made to them.
3. Requirements to contents of the plan of providing going concern of the central depositary and the plan of recovery of financial stability of the central depositary, procedure and terms of submission to the Bank of Russia of the specified plans and the changes made to them, evaluation procedure of the specified plans and the changes made to them are established by regulations of the Bank of Russia.
4. If by results of assessment of the plan of providing going concern of the central depositary and the plan of recovery of financial stability of the central depositary by the Bank of Russia their discrepancy to the requirements established by the Bank of Russia to contents of the specified plans is revealed, the Bank of Russia sends to the central depositary the instruction about elimination of violations with indication of the term of their elimination.
5. The central depositary shall inform the Bank of Russia on approach in its activities of the events provided by the plan of providing going concern of the central depositary and the plan of recovery of financial stability of the central depositary, and decision making about the beginning of implementation of the specified plans according to the procedure established by the regulation of the Bank of Russia. Requirements to type and nature of events on which approach the central depositary shall inform the Bank of Russia can be established by the regulation of the Bank of Russia.
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