THE ORDER OF THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON THE FINANCIAL MARKETS

of June 9, 2011 No. 11-27/pz-n

About introduction of amendments to some Orders of the Federal Service for Financial Markets

According to Items 6 and 14 of article 42 of the Federal Law of 22.04.1996 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, 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, Art. 45; N 18, of Art. 2117; N 22, of Art. 2563; N 41, of Art. 4845; N 50, of Art. 6247; N 50, of Art. 6249; 2008, N 44, Art. 4982; N 52 (p. I), Art. 6221; 2009, N 1, Art. 28; N 7, of Art. 777; N 18 (p. I), Art. 2154; N 23, of Art. 2770; N 29, of Art. 3642; N 48, of Art. 5731; N 52 (p. I), Art. 6428; 2010, N 17, Art. 1988; N 31, of Art. 4193; N 41 (p. II), Art. 5193; 2011, N 7, the Art. 905), the subitem 7 of Item 2 of article 55 of the Federal Law of 29.11.2001 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 (p. II), Art. 3616; 2009, N 48, Art. 5731; 2010, N 17, Art. 1988; N 31, of Art. 4193; N 41 (p. II), the Art. 5193), Item 10 of Article 7, the paragraph the seventh the subitem 1 of Item 3 of article 34 of the Federal Law of 07.05.1998 N 75-FZ "About non-state pension funds" (The Russian Federation Code, 1998, N 19, Art. 2071; 2001, N 7, Art. 623; 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; N 30 (p. II), Art. 3616; 2009, N 29, Art. 3619; N 48, of Art. 5731; N 52 (p. I), Art. 6450; N 52 (p. I), Art. 6454; 2010, N 17, Art. 1988; N 31, of the Art. 4196) 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, of Art. 5587; 2007, N 12, Art. 1417; 2008, N 19, Art. 2192; N 46, of Art. 5337; 2009, N 3, Art. 378; N 6, of Art. 738; 2010, N 26, Art. 3350; 2011, N 7, Art. 976; N 14, of Art. 1935; To N 15, of the Art. 2137), I order:

1. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

2. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

3. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

4. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

5. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

6. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

7. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

8. Ceased to be valid according to the Provision of the Central bank of the Russian Federation of 27.07.2015 No. 481-P

9. Item 4 of the Regulations on specialists of the financial market approved by the Order of FFMS of Russia of 28.01.2010 of N 10-4/pz-n (it is registered by the Ministry of Justice of the Russian Federation 06.05. 2010, registration N 17130) (further - Regulations on specialists) to state in the following edition:

"4. Employees of the structural divisions of the organization and its branch performing activities in the financial market whose exclusive function is conducting financial accounting, organization activity information technical supply, implementation of economic activity, safety of the organization, maintaining documentation connected with personnel and their movement (the staff of personnel service) do not treat persons specified in Provision Item 3.

Requirements of this Item do not extend to employees of the structural divisions of the organization and its branch performing activities in the financial market whose exclusive function is conducting financial accounting of the organization performing activities for management of investment funds, mutual investment funds and non-state pension funds. Exclusiveness of the carried-out functions is meant as not combination of the carried-out functions with other business processes of the organization.".

10. To state Item 5 of the Regulations on specialists in the following edition:

"5. Specialists of the financial market shall conform to the following requirements to working experience:

5.1. persons specified in Item 1.1 of the appendix N 1 to the Provision, except for heads of joint-stock investment fund shall have work experience in the organizations performing activities in the financial market for adoption (preparation) of decisions on questions in the field of the financial market lasting at least 2 years in position positions of the head of department or other structural division of the organizations performing professional activity in the security market and/or activities for management of investment funds, mutual investment funds and non-state pension funds, or activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds, or self-regulatory organizations of professional participants of the security market and/or managing companies of investment funds, mutual investment funds and non-state pension funds are not lower or federal executive body on the security market, or the foreign organizations performing activities in the financial market according to the legislation of this foreign state taking into account requirements of item 4 of the Provision;

persons specified in Item 1.1 of the appendix N 1 to the Provision - heads of joint-stock investment fund shall have work experience in the organizations performing activities in the financial market for adoption (preparation) of decisions on questions in the field of the financial market lasting at least 2 years in position positions of the head of department or other structural division of the organizations performing professional activity in the security market and/or activities for management of investment funds, mutual investment funds and non-state pension funds, or activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds, either activities of joint-stock investment fund, or the organizations, performing activities for non-state pension provision, mandatory pension insurance and professional pension insurance are not lower or self-regulatory organizations of professional participants of the security market and/or managing companies of investment funds, mutual investment funds and non-state pension funds, or federal executive body on the security market, or the foreign organizations performing activities in the financial market according to the legislation of this foreign state taking into account requirements of item 4 of the Provision;

5.2. persons specified in Item 1.4 of the appendix N 1 to the Provision - employees of credit institution - the head(s) of structural division(s) to which exclusive functions of workers implementation of broker and/or dealer activities and/or activities for management of securities belongs shall have work experience at least 2 years in position not below position of the specialist of the organization or its branch which according to the job responsibilities performed the functions providing availability of the competence certificate corresponding to type of activity in the financial market concerning which functions (job responsibilities) in the organization performing activities in the financial market or the specialist of self-regulatory organizations of professional participants of the security market and/or managing companies of investment funds, mutual investment funds and non-state pension funds were performed to which job responsibilities preparation of decisions on questions in the field of the financial market, or the specialist of federal executive body in the security market to which job responsibilities preparation of decisions on questions in the field of the financial market belonged belonged;

5.3. persons specified in Item 1.2 and 1.4 of the appendix N 1 to the Provision - employees of the organization performing activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds shall have work experience in the organizations performing activities in the financial market lasting at least 1 year in position positions of the employee of the organization performing activities in the financial market, the appendix N 1 to the Provision specified in Item 3 are not lower;

5.4. persons specified in Item 2 of the appendix N 1 to the Provision - employees of the organization performing activities for management of investment funds, mutual investment funds and non-state pension funds, or activities of specialized depositary of investment funds, mutual investment funds and non-state pension funds shall have work experience in the organizations performing activities in the financial market lasting at least 1 year in position positions of the employee of the organization performing activities in the financial market, the appendix N 1 to the Provision specified in Item 3 are not lower;

5.5. for persons provided in Items 1 and 2 of the appendix N 1 to the Provision - lack of the fact of work in the organization performing activities in the financial market at which the corresponding license was cancelled and in which the specified person was person performing management of the current activities of this organization or the controller during making any of the violations which entailed cancellation of the license (except as specified cancellations of the license based on the statement of the organization) if from the date of cancellation of the license there passed less than 3 years.".

11. To state the name of Chapter IV of Provisions on specialists in the following edition:

"IV. Bases and procedure for issue of the duplicate of the competence certificate"

12. To state Item 11 of the Regulations on specialists in the following edition:

"11. In case of loss or spoil of the competence certificate issued to FFMS of Russia or Federal Commission on Securities of Russia, the certified person has the right to address for receipt of its duplicate in FFMS of Russia with the statement containing surname, name, middle name, birth date, the postal address, contact telephone number and the personal signature of the certified person, date of writing of the application, the name of territorial authority of FFMS of Russia in which it is necessary to direct the duplicate of the competence certificate for issue to hands, with application of a copy of the lost competence certificate (in the presence) or statements from the register of the certified persons (in the presence) or data on type of the lost certificate or the damaged competence certificate, explanations of the reasons of loss or spoil of the competence certificate and the payment document confirming the fact of payment by the specified person of the state fee for issue of the duplicate of the certificate collected in accordance with the legislation of the Russian Federation about taxes and fees.".

13. Items 15 - 17 Regulations on specialists to exclude.

14. To consider Items 18 and 19 of the Regulations on specialists respectively Items 15 and 16 and to state them in the following edition:

"15. In case of receipt of the duplicate of the competence certificate the applicant needs to show the document confirming his personality and to undersign for the corresponding sheet for the received document.

16. The compulsory provision of issue of the duplicate of the competence certificate to the representative of the applicant is availability of the power of attorney which is drawn up in accordance with the established procedure.".

15. Items 20 - 36 Regulations on specialists to consider respectively Items 17 - 33.

16. To state Item 20 of the Regulations on specialists in the following edition:

"20. The accredited organizations send to FFMS of Russia in paper form of the information about the certified persons no later than 5 working days from the date of execution of the competence certificate and in the form of the electronic document with the digital signature no later than 10 working days from the date of execution of the competence certificate.".

17. To state Items 23 and 24 of the Regulations on specialists in the following edition:

"23. In case of change of position, place of employment of the certified person the certified persons shall in time, not exceeding 1 month from the date of emergence of such changes, to direct to any territorial authority of FFMS of Russia the application for modification of the register of the certified persons containing surname, name, middle name, birth date, the postal address, contact telephone number and the personal signature of the certified person, date of writing of the application with application of a copy of the competence certificate, copy of the corresponding license of the organization (in the presence) and copies of one of the following documents: service record, employment contract, order on appointment, transfer into position or dismissal.

24. In case of non-presentation by the applicant of complete set of documents according to Items 21 - 23 Provisions or representations of the set of documents which is incorrectly drawn up according to requirements of Items 21 - 23 Provisions, the territorial authority of FFMS of Russia in time which is not exceeding 10 working days from the date of receipt of the statement provided in Items 21 - 23 Provisions, are directed to the applicant by motivated refusal in entering into the Register of the data provided by the applicant.".

18. To state Items 30 and 31 of the Regulations on specialists in the following edition:

"30. In case of non-presentation by the applicant of the documents provided in Items 27 - 29 Provisions, or representations of the set of documents which is incorrectly drawn up according to requirements of Items 27 - 29 Provisions, the territorial authority of FFMS of Russia in time which is not exceeding 10 working days from the date of receipt of the statement provided in Items 27 - 29 Provisions, the motivated refusal in issue of the statement from the Register directs to the applicant.

31. The territorial authority of FFMS of Russia in time which is not exceeding 10 working days from receipt date of the documents provided in Items 27 - 29 Provisions, draws up the statement from the Register containing data about the competence certificates issued to the certified person, the job title of the employee of territorial authority of FFMS of Russia, the signature of this worker, the disaggregation of the signature confirming the signature seal and hands out it to the applicant.".

19. Items 1.3 - 1.4 appendices N 1 to the Regulations on specialists to state in the following edition:

"1.3. the deputy manager of the organization or its branch - the employee of the organization performing activities in the financial market, appointed to the corresponding position in accordance with the established procedure to whose job responsibilities decision making in the field of the financial markets belongs;

1.4. the chief of structural division, and also the deputy chief of structural division of the organization or its branch - the employee of the organization performing activities in the financial market, appointed to position in accordance with the established procedure who according to the job responsibilities performs management of structural division of the organization or its branch to which functions implementation of activities in the financial market, including conducting internal accounting of transactions and transactions with securities and derivative financial instruments belongs.".

20. The paragraph one of Item 3 of the appendix N 1 to the Regulations on specialists to state in the following edition:

"3. The specialist - the employee of the organization or its branch which according to the job responsibilities which are directly connected with implementation of activities in the financial market carries out including any of the listed below functions:".

21. To state Items 3.1.1 and 3.1.2 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.1.1. participates in consideration of the documents connected with implementation of security transactions and/or with the conclusion of the agreements which are derivative financial instruments and/or implementation of security transactions and/or in the conclusion of the agreements which are derivative financial instruments: on behalf of the organization and at her expense; on behalf of clients and for customer account; on behalf of the organization and for customer account;

3.1.2. participates in consideration of the documents connected with the implementation of security transactions, money intended for transactions with securities and/or the conclusions of the agreements which are derivative financial instruments for the benefit of the founder of management and implementation of security transactions, the money intended for transactions with securities and/or the conclusions of the agreements which are derivative financial instruments for the benefit of the founder of management;".

22. To state Item 3.1.4 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.1.4. participates in rendering services in preparation of the prospectus of securities;".

23. Add Item 3.1 of the appendix N 1 to the Regulations on specialists with Items 3.1.6 and

3.1.7 following content:

"3.1.6. performs conducting internal accounting;

3.1.7. fills in the reporting for provision in federal executive body on the security market, organizers of trade;".

24. State Items 3.2 and 3.3 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.2. in the organization performing clearing activities:

3.2.1. participates in documentary confirmation of results of clearing;

3.2.2. fills in the reporting for provision in federal executive body on the security market;

3.3. in the organization performing activities of the organizer of trade in the security market (activities of stock exchange):

3.3.1. participates in disclosure of information following the results of the biddings;

3.3.2. fills in the reporting for provision in federal executive body on the security market;".

25. State Item 3.4.1 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.4.1. participates in consideration and/or preparation of the documents connected with transition of the property right to securities on personal accounts of registered persons, pledge, blocking, and carrying out the transactions connected with it on personal accounts of registered persons;".

26. Add Item 3.4 of the appendix N 1 to the Regulations on specialists with Item 3.4.5 of the following content:

"3.4.5. fills in the reporting for provision in federal executive body on the security market;".

27. To state Item 3.5.1 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.5.1. participates in consideration and/or preparation of the documents connected with transition of the property right to securities on custody accounts of clients and/or carrying out account transactions of depot of clients;".

28. To state Item 3.5.3 of the appendix N 1 to the Regulations on specialists in the following edition:

"3.5.3. signs reports and account statements of depot of clients;".

29. Add Item 3.5 of the appendix N 1 to the Regulations on specialists with Items 3.5.4 and 3.5.5 of the following content:

"3.5.4. interacts with registry holder when implementing of functions of the nominee holder of securities by the organization;

3.5.5. fills in the reporting for provision in federal executive body on the security market;".

 

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