of November 21, 2011 No. 327-FZ
About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About the Organized Biddings"
Accepted by the State Duma of the Russian Federation on November 2, 2011
Approved by Council of the Russian Federation on November 9, 2011
Voided according to the Federal Law of the Russian Federation of 21.12.2013 No. 367-FZ
Bring in the Federal Law of December 26, 1995 N 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, N 1, Art. 1; 2006, N 2, Art. 172; 2007, N 31, Art. 4016; 2009, N 19, Art. 2279; 2010, N 45, Art. 5757) following changes:
The fourteenth Item 2 of Article 84.1 of the word "the biddings of organizers of trade in the security market" shall be replaced with words 1) in the paragraph "the organized biddings";
2) in Article 84.2:
a) in the paragraph the fifteenth Item 2 of the word "at the biddings of organizers of trade in the security market" shall be replaced with words "at the organized biddings";
b) in item 4:
in paragraph one of the word "by results of the biddings of the organizer of trade in the security market" shall be replaced with words "by results of the organized biddings", the second offer to state in the following edition: "If securities address at the organized biddings of two and more organizers of trade, their weighted average price is determined by results of the organized biddings of all organizers of trade where the specified securities address six and more months.";
in the paragraph the second the first offer to state in the following edition: "If securities do not address at the organized biddings or address at the organized biddings less than six months, the price of acquired securities cannot be lower than their market value determined by the independent appraiser.";
c) Item 5 in paragraph three the first offer to state in the following edition: "The money value of securities by which payment of acquired securities can be performed shall be not higher than their weighted average price determined by results of the organized biddings in six months preceding date of the direction of the obligatory offer in open society and if securities do not address at the organized biddings or address at the organized biddings less than six months, - are not higher than their market value determined by the independent appraiser.";
3) in Article 84.9:
a) in paragraph one of Item 1 of the word "at the biddings of organizers of trade in the security market" shall be replaced with words "at the organized biddings";
b) ceased to be valid according to the Federal Law of the Russian Federation of 29.06.2015 No. 210-FZ
Bring in the Federal Law of April 22, 1996 N 39-FZ "About the security market" (The Russian Federation Code, 1996, N 17, Art. 1918; 2002, N 52, Art. 5141; 2004, N 31, 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; 2007, N 1, Art. 45; N 22, of Art. 2563; N 50, of the Art. 6247, 6249; 2008, N 44, Art. 4982; 2009, N 1, Art. 28; N 18, of Art. 2154; N 23, of Art. 2770; N 29, of Art. 3642; N 48, of Art. 5731; N 52, of Art. 6428; 2010, N 31, Art. 4193; N 41, of Art. 5193; 2011, N 7, Art. 905; N 23, of Art. 3262; N 27, of Art. 3880; N 29, of the Art. 4291) following changes:
1) in Article 2:
a) the twenty second to state part in the following edition:
"Public placement of securities - placement of securities by open subscription, including placement of securities at the organized biddings. Placement of the securities intended for skilled investors at the organized biddings is not public.";
b) twenty third to state part in the following edition:
"Public security circulation - security circulation at the organized biddings or security circulation by the offer of securities to the unrestricted group of people, including with advertizing use. Security circulation, intended for skilled investors, at the organized biddings is not public.";
c) the twenty fourth to state part in the following edition:
"Listing of securities - inclusion of securities by the organizer of trade in the list of the securities admitted to organized trading including inclusion of securities by the exchange in the quoted list.";
d) the twenty fifth to state part in the following edition:
"Delisting of securities - exception of securities the organizer of trade from the list of the securities admitted to organized trading including exception of securities the exchange from the quoted list.";
2) in Article 3:
a) add with Items 2.1 and 2.2 of the following content:
"2.1. If it is provided by the agreement on broker servicing, the broker has the right to make security transactions and to sign the agreements which are derivative financial instruments at the same time being the commercial representative of the different parties in the transaction, including not being entrepreneurs.
2.2. The obligations which arose from the agreement signed not at the organized biddings, each of the parties of which is the broker, do not stop coincidence of the debtor and creditor in one person if obligations of the parties are fulfilled at the expense of different clients or the third parties for the benefit of different clients. The broker has no right to sign the specified agreement if its conclusion is performed in execution of the order of the client who is not containing the price of the agreement or procedure for its determination. Transaction effect with violation of the requirements established by this Item is assignment on the broker of obligation to pay to the client damages.";
b) in item 4:
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