ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS

of February 10, 2009 No. 09-4/pz-n

About approval of Administrative regulations on execution of the state function by the Federal Service for Financial Markets on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance

According to articles 60.1 and 61.2 of the Federal Law of November 29, 2001 N 156-FZ "About investment funds" (The Russian Federation Code, 2001, N 49, Art. 4562; 2004, N 27, Art. 2711; 2006, N 17 (h 1), Art. 1780; 2007, N 50, Art. 6247; 2008, N 30 (h 2), the Art. 3616), articles 7.1 and 7.2 of the Federal Law of May 07, 1998 N 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, N 19, Art. 2071; 2002, N 12, Art. 1093; 2003, N 2, Art. 166; 2004, N 49, Art. 4854; 2005, N 19, Art. 1755; 2006, N 43, Art. 4412; 2007, N 50, Art. 6247; 2008, N 18, Art. 1942; 2008, N 30 (h 2), the Art. 3616), Item 3 of the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services) approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, to the Art. 2063), I order:

1. Approve the enclosed Administrative regulations on execution of the state function by the Federal Service for Financial Markets on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance.

2. Recognize by N 08-4/pz-n which voided the order of FFMS of Russia of February 07, 2008 "About licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities of non-state pension funds for provision of pensions and pension insurance" * and the order of FFMS of Russia of May 27, 2008 N 08-21/pz-n "About introduction of amendments to the order of FFMS of Russia of February 07, 2008 N 08-4/pz-n "About licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities of non-state pension funds for provision of pensions and pension insurance" **.

 

______________________________

* It is registered in the Ministry of Justice of the Russian Federation on March 05, 2008 N 11296.

** It is registered in the Ministry of Justice of the Russian Federation on June 25, 2008 N 11878.

 

Approved by the order of the Federal Service for Financial Markets of February 10, 2009, No. 09-4/pz-n

Administrative regulations on execution of the state function by the Federal Service for Financial Markets on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance

I. General provisions

Name of the state function

1. These administrative regulations on execution of the state function by the Federal Service for Financial Markets on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance (further - Administrative regulations) establish terms and the sequence of ministerial procedures and administrative actions of the Federal Service for Financial Markets, order of interaction between its structural divisions and officials, and also interaction of FFMS of Russia with physical persons or legal entities, other public authorities and local self-government, and also organizations and the organizations in case of execution of the state function for licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance.

The name of the federal executive body which is directly performing the state function

2. Execution of the state function on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance is performed by the Federal Service for Financial Markets (further - FFMS of Russia).

Ministerial procedures on provision of license for activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance (further - the license, licenses), to renewal of the document confirming license availability, to provision of the duplicate of the document confirming license availability, to cancellation of the license, provision of the statement from the register of licenses are performed by central office of FFMS of Russia.

The list of the regulatory legal acts which are directly regulating execution of the state function

3. Execution of the state function on licensing of activities of investment funds, activities for management of investment funds, mutual investment funds and non-state pension funds, activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds, and also activities for provision of pensions and pension insurance (further - licensing of activities of investment funds, managing companies, specialized depositaries and non-state pension funds) is performed according to the following regulatory legal acts:

3.1. Tax Code of the Russian Federation (part two) * (1).

3.2. The Federal Law of November 29, 2001 N 156-FZ "About investment funds" (further - the Law on investment funds) * (2).

3.3. The Federal Law of May 07, 1998 N 75-FZ "About non-state pension funds" (further - the Law on the pension funds) * (3).

3.4. The regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of June 30, 2004 N 317 * (4).

3.5. The order of the Government of the Russian Federation of October 06, 2008 N 744 "About approval of lists of the documents confirming observance of the licensed conditions represented by job seekers of licenses for receipt of licenses for implementation of the types of activity specified in the Federal Laws "About Investment Funds" and "About Non-state Pension Funds" * (5).

The description of results of execution of the state function, and also specifying on dispositive facts with which execution of the state function comes to an end

4. The direction of the notification on provision of the license and the document confirming license availability.

5. The direction of the notification on renewal of the document confirming availability of the license and the document confirming license availability after its renewal.

6. The direction of the notification on issue of the duplicate of the document confirming availability of the license and duplicate of the document confirming license availability.

7. The direction of the statement from the register of licenses.

8. Direction of the cancellation notice of the license.

9. The direction of the notification on refusal in provision of the license.

10. Direction of the notification on refusal of cancellation of the license.

11. The direction of the rules of internal control of the managing companies and non-state pension funds developed for the purpose of counteraction of legalization of income gained in the criminal way approved by FFMS of Russia, and to terrorism financing, and also the rules of the organization and implementation of internal control registered by FFMS of Russia in managing company, specialized depositary and non-state pension fund, regulations of specialized depositary of investment funds, mutual investment funds and non-state pension funds, pension and insurance rules of non-state pension funds.

The notifications specified in Items 4-6 and 8-10 of these Administrative regulations are signed by the head of department of regulation and control over collective investments.

Copies of the relevant orders of FFMS of Russia are attached to the notifications specified in Items 8, of the 9 and 10 these Administrative regulations.

The description of applicants, and also the physical persons and legal entities having the right according to the legislation Russian Federations or owing to investment with their applicants according to the procedure, established by the legislation of the Russian Federation, powers to act from their name in case of interaction with relevant organs of the executive authority in case of execution of the state function

12. Any legal entity registered in accordance with the established procedure in the territory of the Russian Federation (further - the license applicant), and also the legal entity who already performs one of the types of activity licensed in accordance with the legislation of the Russian Federation and these Administrative regulations (further - the licensee), and also any interested persons who addressed for receipt of the statement from registers of licenses can be the applicant.

II. Requirements to procedure for execution of the state function

Procedure for informing on rules of execution of the state function

13. All information concerning the procedure of licensing of activities of investment funds, managing companies, specialized depositaries and non-state pension funds is posted on the official site of FFMS of Russia on the Internet (www.fcsm.ru).

14. Information on the decisions on provision made by the head of FFMS of Russia (about refusal in provision) licenses, renewal of the document confirming license availability, cancellation of the license (about refusal of cancellation of the license), forms of the statements and documents provided in FFMS of Russia for receipt of the license, renewal of the document confirming license availability registers of licenses are posted on the official site of FFMS of Russia in the terms established by the Scope of information about activities of FFMS of Russia, N 07-247/pz posted on the website by FFMS of Russia on the Internet, the approved order of FFMS of Russia of December 13, 2007 (it is registered in the Ministry of Justice of the Russian Federation N 10916) * (6).

15. In case of receipt from the license applicant or the licensee of the written request on receipt of forms of the statements and other documents necessary for execution of the state function, FFMS of Russia submits these forms and documents in time, not exceeding 3 working days from registration date in Administration and archive (further - UD) the corresponding request.

15.1. In case of receipt from the license applicant or the licensee of the written request on receipt of explanations in the order of execution of the state function, FFMS of Russia submits these explanations in time, not exceeding 30 days from registration date in UD of the corresponding request.

16. Requests for receipt of the above-stated documents or explanations should be sent to central office of FFMS of Russia by mail or in the way of transfer to expedition of central office of FFMS of Russia.

The central office of FFMS of Russia and its expedition are at the address:

119991, GSP-1, Moscow, Leninsky Prospekt, 9.

Phone: 935-87-90;

Fax: 935-87-91.

Working hours of expedition:

Monday 09.00 - 17.00

Tuesday 09.00 - 17.00

Environment 09.00 - 17.00

Thursday 09.00 - 17.00

Friday 09.00 - 15.45

Saturday the Day off

Sunday the Day off.

17. Explanations of the state service can be provided on the procedure of provision:

according to written addresses;

by phone.

18. By provision of explanations according to the procedure of execution of the state function, fulfillment of duties in case of the response to phone calls, oral and written appeals of the organizations and citizens, in case of interaction of officials of FFMS of Russia with applicants, the government civil servants shall be guided by requirements of the Federal Law of 27.07.2004 N 79-FZ "About the public civil service of the Russian Federation" * (7) to office behavior of the civil servant and the General principles of office behavior of government employees approved by the presidential decree of the Russian Federation of 12.08.2002 N 885 * (8).

19. Answers to written addresses go by mail to the license applicant or the licensee in time, not exceeding 30 days from receipt date in FFMS of Russia of the written address.

20. By provision of reference information by phone officials of FFMS of Russia shall provide information on the following questions:

about the entering numbers at which are registered in system of clerical work of FFMS of Russia of the statement concerning licensing;

about regulatory legal acts concerning licensing (the name, number, acceptance date of regulatory legal act);

about the list of necessary documents for receipt of the license, renewal of the document confirming availability of the license, issue of the duplicate of the license for refusal of the license and issue of the statement from the register of licenses;

about the requirements to document creation enclosed to applications for execution of the state function;

about the location on the official site of FFMS of Russia of information from registers of licenses, and also reference materials concerning licensing.

Other questions are considered by FFMS of Russia only based on the corresponding written address.

Requirements to the place of execution of the state function

21. Places of expectation in queue on provision or receipt of documents shall be equipped with chairs or chair sections, benches.

22. The number of places of expectation is determined proceeding from the actual loading and opportunities for their placement in the building, but cannot make less than 5 places.

23. Places for filling of documents are equipped with chairs, tables (racks) and provided with models of filling of documents, application forms and office supplies.

Completion dates of the state function

24. Provision of the license - 2 months from the date of document registration in FFMS of Russia.

25. Renewal of the document confirming availability of the license, 10 working days from the date of document registration in FFMS of Russia.

26. Issue of the duplicate of the document confirming license availability - 10 working days from the date of document registration in FFMS of Russia.

27. Cancellation of the license in connection with receipt from the licensee of the declaration of abandonment of the license - 30 working days from the date of registration of a statement in FFMS of Russia.

28. Cancellation of the license in connection with availability of the bases, stipulated in Item 1 article 61.2 of the Law on investment funds or Item 1 of article 7.2 of the Law on the pension funds, and also the bases, the stipulated in Item Federal Law of the 9th Article 8 of December 06, 2007 N 334-FZ "About introduction of amendments to the Federal law "About Investment Funds" and separate legal acts of the Russian Federation" (further - the Law N 334-FZ) * (9) - 30 working days from receipt date in FFMS of Russia of all documents confirming the violations which are the basis for cancellation of the license.

29. Provision to any interested persons of information about the specific licensee in the form of the statement from the register of licenses - 5 working days from registration date in FFMS of Russia of the statement for issue of the statement from the register of licenses.

List of the bases for suspension of execution of the state function

30. The current of term, the stipulated in Item 24 presents of Administrative regulations, can be suspended before receipt of documents and (or) information in case of request at the license applicant of additional documents and (or) information confirming its compliance to licensed conditions by the established Law on investment funds or the Law on the pension funds, in particular:

a) for confirmation of the availability of own means in the amount of at least standard rate established by regulatory legal act of FFMS of Russia (payment orders, copies of title pages of reports on results of release of issued securities, copies of reports of appraisers on property assessment, etc.);

b) for confirmation of availability of the separate structural division performing activities of specialized depositary in case of combination of the specified activities with other types of activity (the copy of the staff list of the license applicant, etc.).

Bases for execution of the state function

31. The basis for consideration and decision making on provision of the license, renewal of the document confirming license availability, issue of the duplicate of the document confirming license availability, to cancellation of the license in case of refusal of it, issue of the statement from the register of licenses is the address of the license applicant or licensee (the interested person who addressed for receipt of the statement from the register of licenses), in the form of submission of the corresponding statement for making one their the specified actions with appendix of the set of documents established by regulatory legal acts in central office of FFMS of Russia.

32. Availability of the bases for cancellation of the license, stipulated in Item 1 article 61.2 of the Law on investment funds or Item 1 of article 7.2 of the Law on the pension funds, and also the bases, stipulated in Item the 9th article 8 of the Law N 334-FZ, is confirmed by the following documents:

a) copies of instructions of FFMS of Russia about elimination of violations of requirements of the Federal Laws or the regulatory legal acts of the Russian Federation adopted according to them with appendix of assurances of receipt of mailings;

b) the written replies, references, explanations and other documents of the organizations sent to FFMS of Russia and testimonial of non-execution of instructions by the organizations of elimination of violation of requirements of the Federal Laws or the regulatory legal acts of the Russian Federation adopted according to them;

c) the reports, notifications and other documents of the organizations sent to FFMS of Russia, containing the facts of availability of the bases for cancellation of the license;

d) other documents constituted as a result of implementation of FFMS of Russia of functions on control and supervision of the organizations, containing the facts of availability of the bases for cancellation of the license;

e) the order of FFMS of Russia on cancellation at specialized depositary of the license of the professional participant of the security market for implementation of depository activity.

Requirements to set of documents for receipt of the license

33. For receipt of the license license applicants on implementation of activities of investment funds, or activities for management of investment funds, mutual investment funds and non-state pension funds, or activities of specialized depositaries of investment funds, mutual investment funds and non-state pension funds submit the following documents:

33.1. The statement for provision of the license constituted according to Appendix 1 to these Administrative regulations.

33.2. Notarially certified copies of constituent documents of the license applicant.

33.3. The document confirming the fact of entering of information about the license applicant into the Unified State Register of Legal Entities or its notarially certified copy.

33.4. Notarially certified copy of the document confirming statement of the license applicant on accounting in tax authority.

33.5. Notarially certified copies of the documents confirming election (appointment) of person performing functions of sole executive body, persons who are board members (supervisory board) and persons which are members of collegiate executive body of the license applicant.

33.6. The document confirming payment of the state fee for consideration of the application about provision of the license. The document shall correspond to the form established by Regulations on clearing settlements in the Russian Federation of October 03, 2002 N 2-P (it is registered in the Ministry of Justice of the Russian Federation on December 23, 2002, N 4068).

33.7. The information about person performing the functions of sole executive body, board members (supervisory board), members of collegiate executive body of the license applicant constituted according to appendix 2 to these Administrative regulations, and also the copy of the documents confirming observance of requirements imposed to specified persons according to the Law on investment funds.

33.7.1. Are understood as the copies of documents confirming observance of requirements imposed to specified persons according to the Law on investment funds certified by the signature of sole executive body of the license applicant and impress of a seal of the license applicant of the copy:

a) the competence certificate of person performing functions of sole executive body of the license applicant on specialization in the field of the financial markets: "management of investment funds, mutual investment funds and non-state pension funds" (the certificate of the fifth type) or other similar specialization issued to Federal Commission on Securities of Russia (FFMS of Russia) or the organizations accredited by FFMS of Russia performing certification of citizens in the field of professional activity in the security market in the field of activities of joint-stock investment funds, managing companies and specialized depositaries or, in case of loss of the competence certificate, the copy of the statement from the register of the certified persons issued by regional department FFMS of Russia;

b) the service record in which entries confirm availability of the corresponding working experience of person performing functions of sole executive body of the license applicant, or the copy of the employment contracts signed by the specified person with the organizations performing activities in the financial market;

c) service records in which entries confirm that board members (supervisory board), collegiate executive body of the license applicant did not perform functions of sole executive body and were not part of collegiate executive body of the financial organizations at the time of making of violations by these organizations for which they cancelled licenses for implementation of the corresponding types of activity if from the date of such cancellation there passed less than three years, or copies of the employment contracts signed by specified persons with the organizations performing activities in the financial market;

d) the diploma about the higher education of person performing functions of sole executive body of the license applicant;

e) certificates of absence at person performing functions of sole executive body and also at persons which are part of the board of directors (supervisory board) and collegiate executive body of the license applicant, criminal record for intentional crimes which form shall correspond to the appendix N 1 to the Instruction about procedure for provision to citizens of certificates of availability (absence) at them the criminal record approved by the order of the Ministry of Internal Affairs of the Russian Federation of November 01, 2001 N 965 (it is registered in the Ministry of Justice of the Russian Federation, N 3153).

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