It is registered
in Ministry of Justice
Russian Federation
On April 23, 2007 No. 9315
of March 6, 2007 No. 07-21/pz-n
About approval of the Procedure for licensing of types of professional activity in the security market
According to Item 6 of article 42 of the Federal Law of April 22, 1996 N39-FZ "About the Security Market" (The Russian Federation Code, 1996, N 17, Art. 1918; 1998, N 48, Art. 5857; 1999, N 28, Art. 3472; 2001, N 33, Art. 3424; 2002, N 52, Art. 5141; 2004, N 27, Art. 2711; N 31, of Art. 3225; 2005, N 11, Art. 900; N 25, of Art. 2426; 2006, N 1, Art. 5; N 2, of Art. 172; N 17, of Art. 1780; N 31, of Art. 3437; N 43, of Art. 4412; 2007, N 1, 45) I order to the Art.:
1. Approve the enclosed Procedure for licensing of types of professional activity in the security market (further - the Procedure).
2. Recognize to invalid:
the order of the Federal Service for Financial Markets of March 16, 2005 N05-3/pz-N "About approval of the Procedure for licensing of types of professional activity in the security market" (it is registered by the Ministry of Justice of the Russian Federation on April 20, 2005, registration N 6533);
the order of the Federal Service for Financial Markets of July 28, 2005 N05-26/pz-N "About modification of the Procedure for licensing of types of professional activity in the security market approved by the order of the Federal Service for Financial Markets of March 16, 2005 in N05-3/pz-N" (it is registered by the Ministry of Justice of the Russian Federation on August 30, 2005, registration N 6961);
the order of the Federal Service for Financial Markets of June 27, 2006 N06-70/pz-N "About modification of the Procedure for licensing of types of professional activity in the security market approved by the order of the Federal Service for Financial Markets of March 16, 2005 in N05-3/pz-N" (it is registered by the Ministry of Justice of the Russian Federation on July 27, 2006, registration N 8112).
Head O. V. Vjugin
Approved by the order of the Federal Service on the financial markets of March 6, 2007 No. 07-21/pz-n
1.1. This Procedure governs the relations arising between the Federal Service for Financial Markets and legal entities in connection with implementation of licensing of types of professional activity in the security market.
1.2. According to this Procedure licensing of the following types of professional activity in the security market is performed:
broker activities;
dealer activities;
activities for management of securities;
depository activity;
clearing activities;
activities for maintaining the register of owners of securities;
activities for the organization of trade in the security market and/or stock exchange.
1.3. The license is granted on each type of professional activity in the security market.
On implementation of broker activities, dealer activities, activities for management of securities, depository activity, clearing activities, activities for the organization of trade the license of the professional participant of the security market is granted.
On implementation of activities for the organization of trade in the security market as stock exchange the license of stock exchange is granted.
On implementation of activities for maintaining the register of owners of securities the license for activities on maintaining the register is granted.
1.4. The licensee has the right to combine professional activity in the security market with other types of activity as subject to licensing, not subject to licensing in accordance with the legislation of the Russian Federation.
1.5. Combination of the following types of professional activity in the security market is allowed:
1.5.1 broker activities, dealer activities, activities for management of securities and depository activity;
1.5.2 clearing activities and depository activity;
1.5.3 activities for the organization of trade in the security market and clearing activities.
1.6. In case of the request for receipt of the license to the license applicant the license without restriction of effective period is granted.
1.7. The license loses legal force in the following cases:
1.7.1 expiration of the license;
1.7.2 liquidation of the licensee or the termination of its activities in case of reorganization (except for transformations);
1.7.3 cancellation of the license.
1.8. For consideration by the licensing body of the statement for licensing, for issue (provision) of the license, and also for renewal of the form of the license, the state fee in accordance with the legislation of the Russian Federation about taxes and fees is collected.
1.9. The license applicant for date of representation in federal executive body on the security market (daleelitsenziruyushchy body) of documents for receipt of the license shall conform to the licensed requirements and conditions established by this Procedure.
1.10. The licensee shall comply with the licensed requirements and conditions provided by this Procedure.
1.11. ceased to be valid
Excluded
3.1. Licensed requirements and conditions are:
3.1.1 compliance with law of the Russian Federation about securities, including regulatory legal acts of federal executive body on the security market, including this Procedure;
3.1.2 execution of the court resolutions which took legal effect concerning implementation of the licensed type of activity in the security market;
3.1.3 compliance of own means of the licensee and other its financial performance to the standard rates of sufficiency of own means and other indicators limiting risks when implementing professional activity in the security market, established by the legislation of the Russian Federation on securities, including regulatory legal acts of federal executive body on the security market;
3.1.4 compliance of workers of the licensee to the qualification requirements established by the legislation of the Russian Federation on securities, including regulatory legal acts of federal executive body on the security market;
3.1.5 availability at the licensee at least 1 controller for whom work at the licensee is principle place of employment;
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The document ceased to be valid according to the Order of the Federal Service for Financial Markets of July 20, 2010 No. 10-49/pz-n