ORDER OF THE FEDERAL SERVICE FOR FINANCIAL MARKETS

of May 24, 2011 No. 11-23/pz-n

About approval of Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds

According to Item 6 of Article 42 and Item 3 of article 44 of the Federal Law of April 22, 1996 N 39-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, Art. 3225; 2005, N 11, Art. 900, N 25, Art. 2426; 2006, N 1, Art. 5, N 2, Art. 172, N 17, Art. 1780, N 31, Art. 3437, N 43, Art. 4412; 2007, N 1, Art. 45, N 18, Art. 2117, N 22, Art. 2563, N 41, Art. 4845, N 50, Art. 6247, Art. 6249; 2008, N 44, Art. 4982, N 52, Art. 6221; 2009, N 1, Art. 28, N 7, Art. 777, N 18, Art. 2154, N 23, Art. 2770, N 29, Art. 3618, Art. 3642, N 48, Art. 5731, N 52, Art. 6428; 2010, N 17, Art. 1988, N 31, Art. 4193, N 41, Art. 5193; 2011, N 7, the Art. 905), Item 3 of article 38 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, Art. 1780; 2007, N 50, Art. 6247; 2008, N 30, Art. 3616; 2009, N 48, Art. 5731; 2010, N 17, the Art. 1988, N 31, the Art. 4193, N 41, the Art. 5193) and the Regulations on the Federal Service for Financial Markets approved by the order of the Government of the Russian Federation of 30.06.2004 N 317 (The Russian Federation Code, 2004, N 27, Art. 2780; 2005, N 33, Art. 3429; 2006, N 13, Art. 1400, N 52, Art. 5587; 2007, N 12, Art. 1417; 2008, N 19, Art. 2192, N 46, Art. 5337; 2009, N 3, Art. 378, N 6, Art. 738; 2010, N 26, Art. 3350; 2011, N 7, to the Art. 976, N 14, of the Art. 1935, N 15, of the Art. 2137, N 18, of the Art. 2652), I order:

1. Approve the enclosed Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds (further - Standard rates).

2. Declare invalid:

the order of FFMS of Russia of 24.04.2007 N 07-50/pz-n "About approval of Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds" * (it is registered in the Ministry of Justice of the Russian Federation 22.05. 2007, registration N 9525);

the order of FFMS of Russia of 25.12.2007 N 07-112/pz-n "About modification of the Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds approved by the order of the Federal Service for Financial Markets of 24.04.2007 of N 07-50/pz-n" (it is registered in the Ministry of Justice of the Russian Federation 28.01.2008, registration N 11006);

the order of FFMS of Russia of 30.07.2009 N 09-29/pz-n "About modification of the standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds approved by the order of the Federal Service for Financial Markets of 24.04.2007 of N 07-50/pz-n" (it is registered in the Ministry of Justice of the Russian Federation 17.09. 2009, registration N 14792).

3. Determine that:

1) operation of this order does not extend to credit institutions;

2) the subitem 2 of Item 1 of Standard rates is effective till 01.01.2012;

3) this order becomes effective from 01.07.2011.

_____________________________

* With the changes made by orders of the Federal Service for Financial Markets of 25.12.2007 of N 07-112/pz-n "About modification of the Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds approved by the order of the Federal Service for Financial Markets of April 24, 2007 N 07-50/pz-n" (it is registered in the Ministry of Justice of the Russian Federation 28.01.2008, registration N 11006); of 23.10.2008 N 08-40/pz-n "About modification of the standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds approved by the order of the Federal Service for Financial Markets of April 24, 2007 N 07-50/pz-n" (it is registered in the Ministry of Justice of the Russian Federation 30.01. 2009, registration N 13227); of 30.07.2009 N 09-29/pz-n "About modification of the standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds approved by the order of the Federal Service for Financial Markets of April 24, 2007 N 07-50/pz-n" (it is registered in the Ministry of Justice of the Russian Federation 17.09. 2009, registration N 14792); of 11.02.2010 N 10-7/pz-n "About procedure and terms of disclosure by professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds of information on calculation of own means on the Internet" (it is registered in the Ministry of Justice of the Russian Federation 13.04. 2010, N 16883).

Standard rates of sufficiency of own means of professional participants of the security market, and also managing companies of investment funds, mutual investment funds and non-state pension funds

1. Establish the following standard rates of sufficiency of own means of the professional participants of the security market performing:

1) dealer activities and (or) broker activities and (or) activities for management of securities - 35 million rubles;

2) clearing activities - 80 million rubles;

3) the depository activity which is not connected with activities of settlement depositary or with activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds - at least 60 million rubles. At the same time the standard rate of sufficiency of own means of the professional participant of the security market which is the issuer of the Russian depositary receipts - 200 million rubles;

4) activities of settlement depositary - 250 million rubles;

5) activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds - 80 million rubles;

6) activities for maintaining the register of owners nominal valuable bumag100 million rubles;

7) activities for the organization of trade in the security market - 80 million rubles;

8) activities of stock exchange - 150 million rubles.

2. The standard rate of sufficiency of own means of the managing company performing activities for management of investment funds, mutual investment funds and non-state pension funds - 80 million rubles.

3. The standard rate of sufficiency of own means of the professional participant of the security market can be reduced in case:

liability insurances of the professional participant of the security market on the conditions established in item 4 of these Standard rates;

petitions of self-regulatory organization which member is the professional participant of the security market, about decrease in the standard rate of sufficiency of own means, with indication of about check of calculation of own means of the professional participant of the security market by such self-regulatory organization.

The decrease in the standard rate of sufficiency of own means specified in this Item cannot exceed 20 percent from the established size. At the same time the amount by which the standard rate of sufficiency of own means can be reduced shall not exceed 25 percent from insurance sum.

4. The standard rate of sufficiency of own means can be reduced according to Item 3 of these Standard rates in the presence at the professional participant of the security market of the insurance contract signed with the insurance company performing insurance activity at least 3 years, and conditions of such agreement provide:

1) effective period - at least 1 year;

2) the term at least 3 years preceding date of the conclusion of the agreement during which the insurer has obligation to make insurance payment in case of approach of the insured events specified in the subitem 3 presents of Item;

3) the obligation of the insurer to make insurance payment in case of approach of the following insured events:

inadvertent wrong actions of employees of insurer;

non-execution or improper execution of the job responsibilities (negligence, omissions) by employees of insurer;

illegal actions of employees of insurer as alone, and in collusion to the third parties, for the purpose of obtaining for illegal pecuniary (material) benefit;

illegal actions of the third parties, including making of actions with use of forgery documents, destruction or stealing of documents;

crimes in the field of computer information;

technical errors or failures of the computer equipment, software, communication means of communication;

partial or complete loss (death, damage) of archive of the insurer, including the paper documents which are the basis for entering of records into the register (for the professional participants of the security market performing activities for maintaining the register of owners of personalized securities) and carrying out account transactions of depot (for the professional participants of the security market performing depository activity).

5. The petition of self-regulatory organization which member is the professional participant of the security market for decrease in the standard rate of sufficiency of own means, specified in Item 3 of these Standard rates, is submitted by the professional participant of the security market within the terms provided for provision of data on the size of its own means.

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