INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of October 2, 2024 No. 6892-U

About modification of the Instruction of the Bank of Russia of August 2, 2021 No. 5873-U

Based on Item 3 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market", article 76.4 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" 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 September 25, 2024 No. PSD-31):

1. Bring in the Instruction of the Bank of Russia of August 2, 2021 No. 5873-U "About establishment of obligatory capital adequacy ratio for the professional participants of the security market performing dealer, broker activities, activities for management of securities and activities Forex dealers" <1> following of change:

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<1> It is registered by the Ministry of Justice of the Russian Federation on September 2, 2021, registration No. 64857, with the changes made by Instructions of the Bank of Russia of November 22, 2021 No. 5998-U (it is registered by the Ministry of Justice of the Russian Federation on December 30, 2021, registration No. 66743), of August 11, 2023 No. 6502-U (it is registered by the Ministry of Justice of the Russian Federation on September 14, 2023, registration No. 75220), of October 9, 2023 No. 6571-U (it is registered by the Ministry of Justice of the Russian Federation on November 16, 2023, registration No. 75982).

1.1. Add Item 1.4 with the paragraph of the following content:

"The professional participant shall calculate NDK, including the size of the indicators accepted to calculation of NDK based on the principles of reliability and objectivity, discretion, dominance of economic essence over form.".

1.2. The fifth Item 1.5 to state the paragraph in the following edition:

"the size of line item of the client of the professional participant carried by the professional participant according to Items 28 and 34 of the Instruction of the Bank of Russia of February 12, 2024 No. 6681-U "About requirements to implementation of broker activities when making by the broker of separate transactions for customer account" (it is registered by the Ministry of Justice of the Russian Federation on July 2, 2024, registration No. 78736) (further - the Instruction of the Bank of Russia No. 6681-U) to category of clients with the initial, standard, increased or special risk level (further - the client with certain risk level), according to the transactions made by the professional participant as the broker (broker) on its own behalf and at the expense of the specified client, calculated according to Item 3.19 of this Instruction (further - the client's line item with certain risk level).".

1.3. In the paragraph the second Item 1.7 of the word "Item 17 of appendix to the Instruction of the Bank of Russia of November 26, 2020 No. 5636-U "About requirements to implementation of broker activities when making by the broker of separate transactions for customer account", to No. 61923 registered by the Ministry of Justice of the Russian Federation on December 29, 2020 (further - the Instruction of the Bank of Russia No. 5636-U) "shall be replaced with words" Item 39 of appendix to the Instruction of the Bank of Russia No. 6681-U".

1.4. Item 1.7 in paragraph one (words "subitems 3.4.4 and 3.4.5" shall be replaced with words 1) "subitems 3.4.3 and 3.4.4".

1.5. Add with Items 1.7 (3) - 1.7(5) following contents:

"1.7 (3). The credit rating of the legal entity who is under control or considerable influence of the professional participant the, and (or) the legal entity controlling or exerting considerable impact on the professional participant and (or) the legal entity who is under control or considerable influence of the third legal entity (third legal entities), under which control (which) there is professional participant appropriated by the Russian credit rating agency (except as specified when the specified third legal entities are the Bank of Russia, federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies) (further in case of joint mentioning - reytinguyemy person), it is used for the purposes of calculation with the professional participant of size of credit risk, market risk and size of reserve on possible losses according to Chapters 3 - 7 these Instructions, if the level of assessment of own (independent) creditworthness of reytinguyemy person is not more than two levels lower than the credit rating appropriated to it by the Russian credit rating agency.

1.7 (4). When implementing calculation of size of credit risk and size of reserve on possible losses according to Chapters 3 and 7 of this Instruction as providing on asset of the professional participant and contingent obligation of credit nature of the professional participant securities, except for the clearing participation certificates provided to the professional participant by his partner - the legal entity are not considered if the obliged person on such securities is the specified partner or the legal entity who is under control or considerable influence of the specified partner and (or) the legal entity controlling or exerting considerable impact on the specified partner, and (or) the legal entity who is under control or considerable influence of the third legal entity (third legal entities), under which control (which) there is the specified partner (except as specified when the specified third legal entities are the Bank of Russia, federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies).

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