of July 28, 2012 No. 145-FZ
About modification of separate legal acts of the Russian Federation
Accepted by the State Duma on July 6, 2012
Approved by the Federation Council on July 18, 2012
Item 7 of article 84.1 of the Federal Law of December 26, 1995 No. 208-FZ "About joint-stock companies" (The Russian Federation Code, 1996, No. 1, Art. 1; 2006, No. 2, Art. 172; 2007, No. 31, Art. 4016; 48, the Art. 6728) to state 2011, to No. in the following edition:
"7. Provisions of this Chapter are not applied: in case of acquisition more than 30 percent of shares of the joint-stock investment fund created according to the Federal Law of November 29, 2001 No. 156-FZ "About investment funds"; in case of acquisition of shares by the Bank of Russia according to repurchase agreements according to the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)".".
Article 30 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2002, No. 52, Art. 5141; 2006, No. 2, Art. 172; No. 31, Art. 3437; 2009, No. 23, Art. 2770; No. 29, Art. 3642; 2010, No. 41, Art. 5193; 2011, No. 29, Art. 4291; 48, the Art. 6728) to add No. with Item 27 of the following content:
"27. The requirements provided by Items 19 and 20 of this Article do not extend to the Central bank of the Russian Federation in cases of acquisition of the corresponding quantity by it shares (voices) by the first part of the repurchase agreement providing completion date of obligations by the second part of the repurchase agreement no more than 30 days and on condition of execution of the second part of the repurchase agreement in the time established by this agreement.".
Bring in part the second the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, the Art. 3340, 3341; 2001, No. 1, Art. 18; No. 53, Art. 5015; 2002, No. 22, Art. 2026; No. 30, Art. 3027; 2003, No. 1, Art. 2; No. 28, Art. 2886; 2004, No. 27, Art. 2711; No. 34, Art. 3524; No. 45, Art. 4377; 2005, No. 30, Art. 3130; 2006, No. 10, Art. 1065; No. 31, Art. 3436; No. 45, Art. 4628; No. 50, Art. 5279; 2007, No. 23, Art. 2691; No. 31, Art. 3991; No. 45, Art. 5417; 2008, No. 30, Art. 3616; No. 48, Art. 5504, 5519; No. 52, Art. 6237; 2009, No. 29, Art. 3598; No. 48, Art. 5731, 5737; No. 51, Art. 6155; No. 52, Art. 6455; 2010, No. 25, Art. 3070; No. 31, Art. 4198; No. 32, Art. 4298; No. 45, Art. 5756; No. 48, Art. 6247; No. 49, Art. 6409; 2011, No. 1, Art. 7; No. 27, Art. 3881; No. 29, Art. 4291; No. 30, Art. 4583, 4593; No. 45, Art. 6335; No. 48, Art. 6731; No. 49, Art. 7014; No. 50, Art. 7359) following changes:
1) in Article 149:
a) add Item 2 with subitem 12.2 of the following content:
"12. 2) the following services rendered in the security market, the goods and foreign exchange markets: the services rendered by registrars, depositaries including specialized depositaries and the central depositary, the dealers, brokers managing securities, managing companies of investment funds, mutual investment funds and non-state pension funds, the clearing organizations, organizers of trade based on licenses for implementation of the corresponding types of activity; the services rendered by the organizations specified in the paragraph the second this subitem, which are directly connected with the services rendered by them within the licensed activities (according to the list established by the Government of the Russian Federation); services in carrying out, control and accounting of commodity deliveries in the obligations allowed to clearing the rendered operators of commodity deliveries who obtained accreditation according to the Federal Law of February 7, 2011 No. 7-FZ "About clearing and clearing activities"; services in acceptance on the obligations which are subject to inclusion in clearing pool, rendered by the central partners based on the license for implementation of clearing activities or on condition of receipt of accreditation by them according to the Federal Law of February 7, 2011 to No. 7-FZ "About clearing and clearing activities"; services in maintenance of the prices, demand, the offer and (or) amount of the organized biddings rendered by market makers according to the Federal Law of November 21, 2011 to No. 325-FZ "About the organized biddings";";
b) in paragraph one of the subitem 2 of Item 3 of the word "(except for broker and other intermediary services)" shall be replaced with words "(except for the broker and other intermediary services which are not specified in subitem 12.2 of Item 2 of this Article)";
2) voided according to the Federal Law of the Russian Federation of 28.12.2013 No. 420-FZ
Bring in the Federal Law of November 29, 2001 No. 156-FZ "About investment funds" (The Russian Federation Code, 2001, No. 49, Art. 4562; 2004, No. 27, Art. 2711; 2006, No. 17, Art. 1780; 2007, No. 50, Art. 6247; 2009, No. 48, Art. 5731; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 48, Art. 6728; No. 49, Art. 7040) following changes:
Item 2 of Article 3 to state 1) in the following edition:
"2. The specialized depositary, the registrar, auditing organization, and also physical person or the legal entity with which according to requirements of the Federal Law of July 29, 1998 No. 135-FZ "About estimative activities in the Russian Federation" can be signed the contract for evaluating (further - the appraiser) cannot be shareholders of joint-stock investment fund if persons specified in this Item signed the relevant agreements with this joint-stock investment fund.";
Item 3 of Article 7 to state 2) in the following edition:
"3. The written notice of convocation of general meeting of shareholders of joint-stock investment fund goes to specialized depositary, the appraiser and auditing organization according to the procedure, form and terms which are provided by the Federal Law "About Joint-stock Companies" and the charter of joint-stock investment fund for the notification of shareholders of joint-stock investment fund.";
3) in Article 8:
a) to state subitems 1 and 2 of Item 1 in the following edition:
"1) employees of specialized depositary, the registrar, auditing organization of joint-stock investment fund, his appraiser - the legal entity, persons involved by the specified organizations for performance of works (rendering services) in civil agreements and also the appraiser of joint-stock investment fund - physical person;
2) affiliates of specialized depositary, registrar, appraiser and auditing organization of joint-stock investment fund;";
b) state Item 6 in the following edition:
"6. Decision making about the conclusion and the termination of the relevant contracts with managing company, with specialized depositary, with the registrar, the appraiser and auditing organization belongs to exclusive competence of the board of directors (supervisory board) of joint-stock investment fund along with the solution of the questions provided by the Federal Law "About Joint-stock Companies".";
4) in Article 11:
a) to add paragraph two of Item 2 with the words ", except as specified, provided by this Federal Law";
b) state Item 4.1 in the following edition:
"4.1. Agreements of managing company with specialized depositary, with person performing maintaining the register of owners of investment shares of mutual investment fund (further - the register of owners of investment shares), the appraiser and auditing organization before submission of rules of trust management of mutual investment fund on registration are managing company without specifying on the fact that she acts as the trustee of mutual investment fund, and shall contain condition that from the date of completion (termination) of forming of mutual investment fund such agreements are considered concluded by managing company as to the trustee of mutual investment fund with indication of the name of mutual investment fund.";
c) state Item 6 in the following edition:
"6. In addition to the essential terms of the contract of trust management of mutual investment fund provided by the Civil code of the Russian Federation and this Federal Law, rules of trust management of mutual investment fund shall contain one of the following conditions:
1) availability at the owner of investment shares of the right in any working day to demand from managing company of repayment of all investment shares belonging to it and the termination of the trust management agreement by that by mutual investment fund between it and managing company or repayments of part of the investment shares belonging to it;
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