FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 11, 2024 No. 45-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on February 27, 2024

Approved by the Federation Council on March 6, 2024

Article 1

Item 1 of article 51.2-1 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; No. 31, the Art. 5065) to add 2020, with words ", or according to the procedure, established according to the Federal Law regulating activities of the corresponding testing person".

Article 2

Bring in the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2006, No. 31, Art. 3446, 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; 2010, No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; 2013, No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2315, 2335; No. 23, Art. 2934; No. 30, Art. 4214, 4219; 2015, No. 1, Art. 37, 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, 3950, 4001; 2016, No. 1, Art. 11, 27, 43, 44; No. 26, Art. 3860; No. 27, Art. 4196; No. 28, Art. 4558; 2017, No. 31, Art. 4816, 4830; 2018, No. 1, Art. 54, 66; No. 18, Art. 2560, 2576; No. 53, Art. 8491; 2019, No. 12, Art. 1222, 1223; No. 27, Art. 3534, 3538; No. 30, Art. 4152; No. 31, Art. 4418, 4430; No. 49, Art. 6953; No. 51, Art. 7490; No. 52, Art. 7798; 2020, No. 9, Art. 1138; No. 15, Art. 2239; No. 29, Art. 4518; No. 30, Art. 4738; No. 31, Art. 5018; 2021, No. 1, Art. 18, 75; No. 9, Art. 1469; No. 24, Art. 4183; No. 27, Art. 5058, 5061, 5094, 5171, 5183; No. 47, Art. 7739; No. 52, Art. 8982; 2022, No. 1, Art. 52; No. 16, Art. 2613; No. 27, Art. 4620; No. 29, Art. 5246, 5298; 2023, No. 1, Art. 16, 42, 54; No. 12, Art. 1887, 1889; No. 18, Art. 3242; No. 25, Art. 4449; No. 29, Art. 5316, 5326; No. 43, Art. 7602) following changes:

1) in Article 6:

a) add with Item 1.10 of the following content:

"1.10. Transaction on transfer of the utilitarian digital rights and (or) digital financial assets and (or) the digital rights including at the same time digital financial assets and the utilitarian digital rights is subject to mandatory control if the specified digital rights are used as counter provision for transferred (carried out, rendered) goods (works, services), information and results of intellectual activities, including exclusive rights on them, according to agreements in foreign trade (contracts) signed between residents and nonresidents.";

b) in item 4:

to add the subitem 3 after figures "1.9," with figures "1.10,";

to add the subitem 20 after figures "1.9," with figures "1.10,";

to add subitem 21 after figures "1.9," with figures "1.10,";

2) in Article 7:

a) in paragraph one of the subitem 4 of Item 1 of figure "1.9," to replace with figures "1.10,";

b) in Item 1.5-8:

state paragraph two in the following edition:

"The organizations performing the transactions with money or other property which are the financial organizations according to the Federal Law "About Making of Financial Transactions with Use of Financial Platform", joined the service provision agreement of the operator of the financial platform having the right to charge based on the agreement to such operator of financial platform carrying out identification of the client, representative of the client, beneficiary and beneficial owner, the simplified identification of the client - physical person, and also updating of customer information, representatives of clients, beneficiaries, beneficial owners.";

paragraphs third - the sixth to recognize invalid;

c) in Item 5.6:

word in paragraph one "part 1 of article 14.1 of the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" shall be replaced with words "part 1 of article 4 of the Federal Law of December 29, 2022 No. 572-FZ "About implementation of identification and (or) authentication of physical persons with use of biometric personal data, about modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation", words", being the citizen of the Russian Federation," to exclude, shall be replaced with words the words "necessary for registration of the client in it-physical person" "necessary for registration in it";

in the paragraph the second words "with article 14.1 of the Federal Law of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" shall be replaced with words "with the Federal Law of December 29, 2022 No. 572-FZ "About implementation of identification and (or) authentication of physical persons with use of biometric personal data, about modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation";

d) in Item 5.8:

word in paragraph one "according to the procedure, the stipulated in Clause 14.1 Federal Laws of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" shall be replaced with words "according to the Federal Law of December 29, 2022 No. 572-FZ "About implementation of identification and (or) authentication of physical persons with use of biometric personal data, about modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation";

word in paragraph ten "according to the procedure, the stipulated in Clause 14.1 Federal Laws of July 27, 2006 No. 149-FZ "About information, information technologies and on information security" shall be replaced with words "according to the Federal Law of December 29, 2022 No. 572-FZ "About implementation of identification and (or) authentication of physical persons with use of biometric personal data, about modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation".

Article 3

Bring in 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; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; No. 22, Art. 2563; No. 29, Art. 3480; 2008, No. 30, Art. 3606; 2010, No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 48, Art. 6728; No. 50, Art. 7348, 7351; 2013, No. 11, Art. 1076; No. 27, Art. 3447; No. 30, Art. 4084; 2014, No. 11, Art. 1098; No. 19, Art. 2317; No. 30, Art. 4219; 2015, No. 27, Art. 3972, 4001; No. 48, Art. 6716; 2016, No. 1, Art. 50; No. 27, Art. 4218; 2017, No. 30, Art. 4456; No. 47, Art. 6851; 2018, No. 1, Art. 11; No. 11, Art. 1579; No. 15, Art. 2035; No. 22, Art. 3041; No. 31, Art. 4835, 4836; No. 32, Art. 5086; No. 49, Art. 7524; No. 52, Art. 8103; 2019, No. 31, Art. 4424; No. 42, Art. 5806; No. 49, Art. 6957; No. 52, Art. 7775; 2020, No. 31, Art. 5050; No. 52, Art. 8592; 2021, No. 8, Art. 1199; No. 9, Art. 1467; No. 27, Art. 5051, 5052, 5187; 2022, No. 18, Art. 3018; No. 29, Art. 5320; No. 50, Art. 8805; 2023, No. 31, Art. 5766; 2024, No. 1, Art. 28) following changes:

1) in Article 1:

a) in part 1:

add with Item 4.1 of the following content:

"4. 1) the digital rights according to provisions of Article 141.1 of the Civil code of the Russian Federation:

a) the digital rights which are currency values - the digital financial assets including monetary claims in foreign currency possibility of implementation of the rights on external issued securities and (or) the right to require transfer of external issued securities, and the digital rights including at the same time digital financial assets specified in this subitem and the utilitarian digital rights;

b) the digital rights which are not currency values - the digital financial assets including monetary claims in currency of the Russian Federation, possibility of implementation of the rights on internal issued securities, the rights of equity participation of non-public joint-stock company and (or) the right to require transfer of internal issued securities, the utilitarian digital rights, the digital rights including at the same time digital financial assets specified in this subitem and the utilitarian digital rights;";

state Item 5 in the following edition:

"5) currency values - foreign currency, external securities, and also the digital rights which are currency values;";

in Item 9:

state the subitem "b" in the following edition:

"b) acquisition by the resident at the nonresident or the nonresident at resident and alienation by the resident for benefit of the nonresident or the nonresident for benefit of resident of currency values, currency of the Russian Federation, internal securities, digital rights which are not currency values on legal causes, and also use of currency values, currencies of the Russian Federation, the internal securities and digital rights which are not currency values as instrument of payment;";

state the subitem "v" in the following edition:

"c) acquisition by the nonresident at the nonresident and alienation by the nonresident for benefit of the nonresident of currency values, currencies of the Russian Federation, internal securities, digital rights which are not currency values on legal causes, and also use of currency values, currencies of the Russian Federation, the internal securities and digital rights which are not currency values as instrument of payment;";

b) add part 2 with the paragraph of the following content:

"Currency transactions with the digital rights are performed in information systems of operators of information systems in which release of digital financial assets, according to requirements of the Federal Law of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation", and also in investment platforms of operators of investment platforms according to requirements of the Federal Law of August 2, 2019 No. 259-FZ "About investment attraction with use of investment platforms and about modification of separate legal acts of the Russian Federation is performed".";

Article 2 to state 2) in the following edition:

"Article 2. The coverage of this Federal Law and the relation regulated by this Federal Law

This Federal Law establishes the legal basis and the principles of currency control and currency exchange control in the Russian Federation, powers of bodies of currency control, and also determines the rights and obligations of residents concerning ownership, use and the order of currency of the Russian Federation, internal securities outside the territory of the Russian Federation, the digital rights in the territory of the Russian Federation, currency values, the rights and obligations of nonresidents concerning ownership, use and the order of the currency values, the digital rights which are not currency values, in the territory of the Russian Federation, currency of the Russian Federation, internal securities, the rights and obligations of bodies of currency exchange control and agents of currency exchange control (further also - bodies and agents of currency exchange control).";

3) Article 5 to add with part 4.2 following of content:

"4.2. Central Bank of the Russian Federation for the purpose of ensuring stability of the financial market of the Russian Federation in coordination with the federal executive body authorized by the Government of the Russian Federation having the right to establish:

1) prohibition on making of separate types of the currency transactions connected with acquisition of rights and alienation of the digital rights;

2) conditions of making of separate types of the currency transactions connected with acquisition of rights and alienation of the digital rights.";

4) in Article 6:

a) shall be replaced with words the words "Currency transactions" "1. Currency transactions" shall be replaced with words the words "provided by Articles 7, 8 and 11" "4.2 Articles provided by part 2 of this Article, part 5, Articles 7, 8 and 11";

b) add with part 2 following of content:

"2. Currency transactions between residents and nonresidents on use of the digital rights as instrument of payment for transferred (carried out, rendered) goods (works, services), information and results of intellectual activities, including exclusive rights on them, can be performed only according to agreements in foreign trade (contracts) signed between residents and nonresidents who provide transfer of goods, performance of works, rendering services, information transfer and results of intellectual activities, including exclusive rights on them.";

Part 1 of Article 9 to add 5) with Item 35 of the following content:

"35) the transactions connected with acquisition of rights and alienation of the digital rights which are currency values on condition of implementation of payments in currency of the Russian Federation and the transactions connected with execution of the obligations by person obliged by the digital rights which are currency values on condition of execution of such obligations in currency of the Russian Federation.";

6) regarding 1 Article 10 of the word "and also transactions with digital rubles" shall be replaced with words "transactions with digital rubles, and also the transactions connected with acquisition of rights and alienation of the digital rights, except as specified, established by part 4.2 of article 5 of this Federal Law";

The paragraph the fifth to state 7) to part 6 of Article 22 in the following edition:

"Central Bank of the Russian Federation has the right in coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the field of currency activities and the federal executive body performing functions on development of state policy and normative legal regulation in the field of foreign economic activity (except for foreign trade), to determine structure, form, terms and procedure for creation and submission by residents to the Central bank of the Russian Federation of information on obtaining by them and (or) legal entities (including created according to the legislation of foreign states and having the location outside the territory of the Russian Federation) who are affiliated economic societies of such residents (in the presence), from nonresidents of money and (or) the digital rights, the agreements (contracts) providing transfer to nonresidents of goods, accomplishment for them of works, rendering services to them, transfer to them of information and results of intellectual activities, including exclusive rights on them which party are such residents and (or) legal entities which are due in accordance with the terms on other execution or discharge of nonresidents of the specified agreements (contracts), about the assets and liabilities nominated in foreign currency and (or) subjects to payment in currency of the Russian Federation and (or) foreign currency for benefit of nonresidents by such residents and (or) legal entities, about the digital currencies and the digital rights which are available for such residents and (or) legal entities and (or) issued (received) by such residents and (or) legal entities, about obligations on transfer of the digital rights by such residents and (or) legal entities for benefit of nonresidents, about obligations of nonresidents to such residents and (or) legal entities, including obligations on transfer of the digital rights.";

To add Article 23 with part 18 of the following content:

"18. Central Bank of the Russian Federation has the right to establish features of submission of supporting documents by residents, exchange of residents of information and data when implementing currency transactions with the digital rights.";

Part 5 of Article 24 to state 9) in the following edition:

"5. The residents included in the list specified in part 6 of article 22 of this Federal Law shall in structure, form, terms and procedure which are established by the Central bank of the Russian Federation, to provide creation and submission to the Central bank of the Russian Federation of information on obtaining with them and (or) legal entities (including created according to the legislation of foreign states and having the location outside the territory of the Russian Federation) who are affiliated economic societies of such residents (in the presence), from nonresidents of the money and (or) the digital rights which are due in accordance with the terms of agreements (contracts), providing transfer to nonresidents of goods, accomplishment for them of works, rendering services to them, transfer to them of information and results of intellectual activities, including exclusive rights on them which party are such residents and (or) legal entities, about other execution or discharge of nonresidents of the specified agreements (contracts), about the assets and liabilities nominated in foreign currency and (or) subjects to payment in currency of the Russian Federation and (or) foreign currency for benefit of nonresidents by such residents and (or) legal entities, about the digital currencies and the digital rights which are available for such residents and (or) legal entities and (or) issued (received) by such residents and (or) legal entities, about obligations on transfer of the digital rights by such residents and (or) legal entities for benefit of nonresidents, about obligations of nonresidents to such residents and (or) legal entities, including obligations on transfer of the digital rights. In the presence at the resident included in the list specified in part 6 of article 22 of this Federal Law, legal entities (including the foreign states created according to the legislation and having the location outside the territory of the Russian Federation) who are affiliated economic societies of such resident, information specified in this part is provided in the Central bank of the Russian Federation by such resident on the consolidated basis, including information on all legal entities (including the foreign states created according to the legislation and having the location outside the territory of the Russian Federation) who are affiliated economic societies of such resident.".

Article 4

Bring in the Federal Law of August 2, 2019 No. 259-FZ "About investment attraction with use of investment platforms and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2019, No. 31, Art. 4418; 2020, No. 31, Art. 5018; 2022, No. 27, Art. 4620; No. 29, Art. 5298) following changes:

1) in Article 8:

a) to add part 15 after the words "except as specified, provided" with words "part 16 of this Article, and also";

b) add with part 16 of the following content:

"16. The utilitarian digital rights can be used as counter provision according to agreements in foreign trade (contracts), prisoners between residents and nonresidents who provide transfer of goods, performance of works, rendering services, information transfer and results of intellectual activities, including exclusive rights on them.";

Part 10 of Article 10 to add 2) with words ", and also violations of prohibition of the making of separate types of currency transactions with the utilitarian digital rights established by the Bank of Russia according to part 4.2 of article 5 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control".

Article 5

Bring in the Federal Law of July 20, 2020 No. 211-FZ "About making of financial transactions with use of financial platform" (The Russian Federation Code, 2020, No. 30, Art. 4737; 2021, No. 27, Art. 5187; 2022, No. 29, Art. 5298; 2023, No. 26, Art. 4692; No. 32, Art. 6154) following changes:

The word "consumers" to replace 1) regarding 1 Article 1 with the word "receivers";

2) regarding 1 Article 2:

a) in Item 1 of the word "consumers of financial services (further - participants of financial platform)" shall be replaced with words "receivers of financial services (further in case of joint mentioning - participants of financial platform or clients)";

b) in Item 2 "consumers" to replace the word with the word "receivers";

c) in Item 3 "consumers" to replace the word with the word "receivers";

d) in item 4 "consumers" to replace the word with the word "receivers";

e) in Item 5 to replace the word "consumer" with the word "receiver";

e) in Item 6 of the word "to beneficiaries - consumers of financial services" shall be replaced with words "to beneficiaries - participants of financial platform";

g) state Item 7 in the following edition:

"7) financial transactions - the transactions on provision of banking services, insurance services, services made between the financial organizations or issuers and receivers of financial services with use of financial platform in the security market, transactions with financial instruments, transactions on ensuring execution of credit (loan) obligations and other transactions on provision of services of financial nature provided by rules of financial platform, except for the bank account agreements (contribution) signed in connection with implementation by receivers of financial services of business activity;";

h) add with Item 9 of the following content:

"9) certification center of the operator of financial platform - the operator of financial platform having the minimum size of own means (capital) at least than two billion rubles performing functions of certification center according to the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" during creation with use of the digital signature facilities and means of certification center having confirmation of conformity to the requirements established by federal executive body in the field of safety and issue of certificates of keys of verification of digital signatures for their use on financial platform according to this Federal Law and rules of financial platform.";

3) in Article 4:

a) in part 1:

state Item 3 in the following edition:

"3) terms of the contract about rendering services of the operator of financial platform, including:

a) the rights and obligations of the operator of financial platform which joined such agreement of participants of financial platform;

b) order of interaction between the operator of financial platform and participants of financial platform in case of the conclusion of the service provision agreement of the operator of financial platform, making of financial transactions with use of financial platform;

c) the requirement according to which making of the financial transactions providing prolongation of effective periods of agreements based on which these transactions are made without use of financial platform is not allowed;

d) other provisions provided by this Federal Law;";

in item 4 of the word "Article 15" shall be replaced with words "Article 14";

in Item 5 to replace the word of "consumers" with the word of "receivers";

in Item 7 to replace the word of "consumer" with the word of "receiver";

in Item 8 to replace the word of "consumer" with the word of "receiver";

in Item 9 to replace the word of "consumer" with the word of "receiver";

in Item 10 to replace the word of "consumer" with the word of "receiver";

in Item 11 to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver", the word "consists" to replace with the word "is made";

in Item 12 the word to "consumers" to replace with the word to "receivers", the words "concluded with use of financial platform", to exclude;

in Item 13 to replace the word of "consumer" with the word of "receiver";

b) in part 6 in the first offer "consumer" to replace the word with the word "receiver", "the conclusion and execution" to replace words with the word "making", in the second offer of the word "the consumer of financial services" to exclude;

c) add with part 7 of the following content:

"7. The contract between the operator of financial platform, the receiver of financial services, physical person representing the interests of the receiver of financial services (in the presence of the power of attorney confirming its powers, in machine-readable type, the signed strengthened qualified digital signature of the principal, or the strengthened qualified digital signature of person to whom the power of attorney with the retrust right is issued or the strengthened qualified digital signature of the notary if the power of attorney, including the power of attorney issued according to the procedure of retrust is certified by the notary), agreements on electronic document management between the operator of financial platform, the receiver of financial services, physical person representing the interests of the receiver of financial services (in the presence of the power of attorney confirming its powers, in machine-readable type, the signed strengthened qualified digital signature of the principal, or the strengthened qualified digital signature of person to whom the power of attorney with the retrust right is issued or the strengthened qualified digital signature of the notary if the power of attorney, including the power of attorney issued according to the procedure of retrust is certified by the notary), and the financial organization or the issuer, and also other documents necessary for ensuring their interaction in case of making of financial transactions with use of financial platform, according to rules of financial platform along with the signatures specified in this paragraph can be signed by the following methods:

1) with use of the strengthened qualified digital signature;

2) with use of the strengthened unqualified digital signature of the receiver of financial services or the physical person representing the interests of the receiver of financial services which certificate of key of check is created and it is used in the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically in the procedure established by the Government of the Russian Federation and on condition of the organization of interaction of physical person with such infrastructure using the means of information protection which underwent in accordance with the established procedure assessment procedure of compliance;

3) with use of the strengthened unqualified digital signature of the receiver of financial services or the physical person representing the interests of the receiver of financial services which certificate of key of check is created by certification center of the operator of financial platform is issued to them after identification of physical person in case of corporal appearance and it is used in infrastructure of financial platform according to the rules of financial platform providing procedure for test of this signature and on condition of the organization of interaction of physical person with such infrastructure using the means of information protection which underwent in accordance with the established procedure assessment procedure of compliance.";

4) in Article 5:

a) add part 1 with words ", agreements of non-state pension provision and agreements of long-term savings";

b) in part 2 to replace the word of "consumers" with the word of "receivers", to "consumers" to replace the word with the word to "receivers", "prisoner" to replace the word with the word "committed";

c) in part 3 to replace the word of "consumer" with the word of "receiver", "concluded" the word to replace with the word "made";

d) regarding 4 words "with money on bank deposit agreements" shall be replaced with words "on bank account agreements which types are determined by rules of financial platform, to bank deposit agreement";

e) in part 5 to "consumer" to replace the word with the word to "receiver", to replace the word of "consumer" with the word of "receiver";

e) in part 6 to replace the word of "consumer" with the word of "receiver";

g) in part 7 to replace the word "consumers" with the word "receivers";

h) in part 8 to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver";

i) in part 9 the second offer to state in the following edition: "With use of financial platform transactions are not allowed if the requirements connected with participation in such transactions are not subject to judicial protection, and also the conclusion is not allowed by the receiver of financial services of the agreements which are derivative financial instruments.";

j) add with parts 9.1 and 9.2 of the following content:

"9.1. If other is not provided by this Federal Law, the possibility of making of financial transactions on acquisition of securities by the receiver of financial services is allowed only with positive result of the testing of the receiver of financial services held according to article 5.1 of this Federal Law (further - testing).

9.2. The possibility of making of financial transactions on acquisition of securities with use of financial platform by the receiver of financial services does not require conducting testing in case of observance at least of one of the following conditions:

1) the transaction is made concerning securities which list is stipulated in Item 2 articles 3.1 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market";

2) the amount of transaction exceeds the sum determined by the regulation of the Bank of Russia.";

k) state part 10 in the following edition:

"10. The operator of financial platform shall provide possibility of the direction with the receiver of financial services with use of financial platform of instructions about agreement cancelation of the bank account (contribution) opened with use of financial platform and also in case of termination of the contract of the bank account (contribution) opened with use of financial platform, instructions about transfer of balance in cash, precious metals from such bank account (contribution) on specifying of the receiver of financial services on its bank account (contribution) in other bank or instructions about transfer of balance in cash into the special account if the service provision agreement of the operator of financial platform between bank in which such bank accounts are opened (such deposits are placed), and was terminated by the operator of financial platform. The bank in which with use of financial platform bank accounts were opened (deposits are placed), shall provide possibility of acceptance with use of financial platform of instructions of the receiver of financial services about agreement cancelation of such bank account (contribution), and also in case of termination of the contract of such bank account (contribution) of instructions about transfer of balance in cash, precious metals from such bank account (contribution) on specifying of the receiver of financial services on its bank account (contribution) in other bank or instructions about transfer of balance in cash into the special account if the service provision agreement of the operator of financial platform between the specified bank and the operator of financial platform was terminated.";

To add 5) with Article 5.1 of the following content:

"Article 5.1. Testing of the receiver of financial services

1. Testing of the receiver of financial services shall be held by the operator of financial platform according to the procedure, determined by rules of financial platform.

2. Testing is held in writing with use of electronic documents by receipt of answers of the receiver of financial services to questions which list is determined by the operator of financial platform in rules of financial platform. All questions of testing shall be constituted so that the received answers to them were able to afford to estimate knowledge of the tested person, and also to demonstrate that this person is able to estimate risks taking into account nature of expected transactions. Testing is held free of charge. After receipt of positive result of testing of the receiver of financial services repeated testing is not carried out.

3. Rules and the procedure of conducting testing, lists of questions of testing, including procedure for forming of such lists depending on transactions concerning which testing, procedure for determination of positive or negative result of testing, procedure for storage of data on results of testing is held form and procedure for the direction to physical person of the notification on result of testing are established by rules of financial platform.

4. The receiver of financial services is not given opportunity to make the transaction demanding conducting testing, in case of refusal the receiver of financial services from passing of testing or receipt of negative result of testing.

5. The operator of financial platform has the right to attract based on the agreement to conducting testing of the professional participant of the security market. The operator of financial platform who attracted the professional participant of the security market to conducting testing bears responsibility for observance of requirements about conducting testing according to this Federal Law.";

6) in Article 6:

a) in part 2 the word of "consumer" to replace with the word of "receiver", the word "beneficiaries -" to replace consumers of financial services with the word of "beneficiaries";

b) in part 3 to replace the word of "consumer" with the word of "receiver", to "consumer" to replace the word with the word to "receiver";

c) in part 4:

state Item 1 in the following edition:

"1) transfer of money for benefit of the receiver of financial services from the bank account (contribution) of such receiver of financial services, and also from the special account of operator of financial platform on which beneficiary is such receiver of financial services;";

in Item 2 to replace the word of "consumer" with the word of "receiver", "consumer" to replace the word with the word "receiver";

in Item 3 to replace the word of "consumer" with the word of "receiver", "consumer" to replace the word with the word "receiver";

in item 4 to replace the word of "consumer" with the word of "receiver";

in Item 5 to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver";

state Item 6 in the following edition:

"6) cash write-off, the rights to which belong to the receiver of financial services, for the purpose of their transfer into the bank account (contribution) of such receiver of financial services or into the special account of operator of financial platform on which beneficiary is such receiver of financial services.";

d) in part 5:

in paragraph one to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver", to replace the word of "consumer" with the word of "receiver";

in Item 1 "consumer" to replace the word with the word "receiver", to "consumer" to replace the word with the word to "receiver";

in Item 2 "consumer" to replace the word with the word "receiver", to "consumer" to replace the word with the word to "receiver";

in Item 3 to replace the word of "consumer" with the word of "receiver", "consumer" to replace the word with the word "receiver";

e) in part 6 "consumer" to replace the word with the word "receiver";

e) in part 7 "consumer" to replace the word with the word "receiver", to "consumer" to replace the word with the word to "receiver";

g) in part 8 to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver", to replace the word of "consumer" with the word of "receiver";

h) in part 9 to replace the word of "consumer" with the word of "receiver", to "consumer" to replace the word with the word to "receiver", "consumer" to replace the word with the word "receiver";

i) in part 10 to "consumer" to replace the word with the word to "receiver", to replace the word of "consumer" with the word of "receiver";

j) in part 11 of the word "the financial services belonging to the consumer, it is issued by credit institution to the consumer of financial services or in its specifying transferred by credit institution into the bank account of the consumer of financial services" shall be replaced with words "the financial services belonging to the receiver, it is issued by credit institution to the receiver of financial services or in specifying of the receiver of financial services transferred by credit institution into the bank account of such receiver of financial services or the special account of other operator of financial platform";

7) in Article 7:

a) regarding 3 words "regarding information on the deposits and accounts opened in bank" shall be replaced with words "regarding information on financial transactions which party is the bank", the word to "consumer" to replace with the word to "receiver", the words "and also" to exclude, add with words ", and also to other persons with the consent of the receiver of financial services regarding information on financial transactions which party it is";

b) in part 4 "consumers" to replace the word with the word "receivers";

c) in part 5 to "consumers" to replace the word with the word to "receivers";

d) in part 6 the first offer to state in the following edition: "The registrar of financial transactions for the purpose of provision to receivers of financial services of information access according to part 5 of this Article uses single system of identification and authentication and single system of interdepartmental electronic interaction, including receives data on surname, on name, middle name, on series, number and date of issue of the identity document, on the insurance number of the individual ledger account of insured person in system of mandatory pension insurance of the receiver of financial services, the physical person who is the representative of the receiver of financial services about identification taxpayer number of the receiver of financial services, about the financial services belonging to the receiver subscriber number of the operator of mobile radiotelephone communication and about the e-mail address in case of receipt of request of the receiver of financial services about provision of the specified information.";

8) in Article 8:

a) state part 7 in the following edition:

"7. The operator of financial platform according to the procedure for use of single system of identification and authentication approved by the Government of the Russian Federation, having the right to receive data from single system of identification and authentication on receivers of financial services and their representatives in the structure specified in the paragraph the second the subitem 1 of Item 1 of article 7 of the Federal Law of August 7, 2001 to No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", data on the insurance number of the individual ledger account of insured person in system of mandatory pension insurance of the receiver of financial services, the physical person who is the representative of the receiver of financial services about the financial services belonging to the receiver subscriber number of the operator of mobile radiotelephone communication and about the e-mail address with the consent of the receiver of financial services his representative for the conclusion with the receiver of financial services of contracts with use of the simple digital signature which key is received by the receiver of financial services in case of corporal appearance according to rules of use of the simple digital signature in case of the request for the receipt of the state and municipal services electronically established by the Government of the Russian Federation, the strengthened qualified digital signature, the strengthened unqualified digital signature which certificate of key of check is created and it is used in the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically in the procedure established by the Government of the Russian Federation and on condition of the organization of interaction of physical person with such infrastructure using the means of information protection which underwent in accordance with the established procedure assessment procedure of compliance with use of the strengthened unqualified digital signature of the receiver of financial services or the physical person representing the interests of the receiver of financial services which certificate of key of check is created by certification center of the operator of financial platform is issued to them after identification of physical person in case of corporal appearance and it is used in infrastructure of financial platform according to the rules of financial platform providing procedure for test of this signature and on condition of the organization of interaction of physical person with such infrastructure using the means of information protection which underwent in accordance with the established procedure assessment procedure of compliance, and also for updating of the data received earlier.";

b) in part 8 to replace the word of "consumers" with the word of "receivers";

c) add with part 15 of the following content:

"15. In case of violation by the operator of financial platform of requirements of part 9.1 of article 5 of this Federal Law on conducting testing the operator of financial platform shall indemnify the actual damage caused to the receiver of financial services.";

Item 2 of part 14 of article 11 after words "the law and" to add 9) with the word "(or)";

The word of "consumer" to replace 10) regarding 1 Article 12 with the word of "receiver";

11) in Article 13:

a) in part 1:

in Item 7 the word to "consumers" to replace with the word to "receivers", the word"," to exclude prisoners;

declare Item 9 invalid;

b) add with part 3 following of content:

"3. The operator of financial platform has the right not to open information specified in subitems 6, of 7, 12 and 13 parts of 1 this Article on the website if access to this information by the operator of financial platform with use of personal account on the website of the operator of financial platform and (or) in mobile application of the operator of financial platform is provided to receivers of financial services. Access to this information is provided to receivers of financial services gratuitously and in full. To receivers of financial services it cannot be refused ensuring access to this information.";

12) in Article 14:

a) in Item of 1 part to replace 1 word of "consumers" with the word of "receivers";

b) in part 2 to replace the word of "consumer" with the word of "receiver";

c) in part 5 of the word "concluded by the consumer" shall be replaced with words "to the "consumer" made by the receiver", the word to replace with the word to "receiver".

Article 6

Bring in the Federal Law of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2020, No. 31, Art. 5018; 2022, No. 27, Art. 4620; No. 29, Art. 5298) following changes:

1) in Item 1 of part 1 of Article 3 of the word "the information about the beneficial owner," to exclude;

2) in Article 4:

a) to add part 10 after the words "except as specified, provided" with words "part 11 of this Article, and also";

b) add with part 11 of the following content:

"11. Digital financial assets can be used as counter provision according to agreements in foreign trade (contracts), prisoners between residents and nonresidents who provide transfer of goods, performance of works, rendering services, information transfer and results of intellectual activities, including exclusive rights on them.";

Article 5 to add 3) with part 19 of the following content:

"19. The Bank of Russia has the right to request from person which issued digital financial assets or from the operator of information system in which release of digital financial assets, the information about the beneficial owner of person which issued digital financial assets is performed. Person which issued digital financial assets and the operator of information system in which release of digital financial assets is performed shall represent the information about the beneficial owner of person which issued digital financial assets by bank inquiry of Russia.";

Item 5 of part 1 of Article 6 to add 4) with words ", and also violations of prohibition of the making of separate types of currency transactions with digital financial assets established by the Bank of Russia according to part 4.2 of article 5 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control".

Article 7

1. This Federal Law becomes effective from the date of its official publication, except for provisions for which this Article establishes other terms of their introduction in force.

2. The subitem "k" of Item 4, Item 5, the subitem "v" of Item 8 of article 5 of this Federal Law become effective after thirty days after day of official publication of this Federal Law.

3. The subitem "b" of Item 2 of article 2 of this Federal Law becomes effective since January 1, 2025.

 

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