INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 2, 2015 No. 3772-U

About procedure and terms of maintaining Forex dealer of accounting of the signed agreements and transactions made in connection with their execution

This Instruction according to Item 16 of Article 4. 1, item 4 of article 42 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2001, No. 33, Art. 3424; 2002, No. 52, Art. 5141; 2004, No. 27, Art. 2711; No. 31, Art. 3225; 2005, No. 11, Art. 900; No. 25, Art. 2426; 2006, No. 1, Art. 5; No. 2, Art. 172; No. 17, Art. 1780; No. 31, Art. 3437; No. 43, Art. 4412; 2007, No. 1, Art. 45; No. 18, Art. 2117; No. 22, Art. 2563; No. 41, Art. 4845; No. 50, Art. 6247; 2008, No. 52, Art. 6221; 2009, No. 1, Art. 28; No. 18, Art. 2154; No. 23, Art. 2770; No. 29, Art. 3642; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 17, Art. 1988; No. 31, Art. 4193; No. 41, Art. 5193; 2011, No. 7, Art. 905; No. 23, Art. 3262; No. 27, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728; No. 49, Art. 7040; No. 50, Art. 7357; 2012, No. 25, Art. 3269; No. 31, Art. 4334; No. 53, Art. 7607; 2013, No. 26, Art. 3207; No. 30, Art. 4043, Art. 4082, Art. 4084; No. 51, Art. 6699; No. 52, Art. 6985; 2014, No. 30, Art. 4219; 2015, No. 1, Art. 13; No. 14, Art. 2022; No. 27, Art. 4001; No. 29, the Art. 4348, the Art. 4349) (further - the Federal Law "About the Security Market") and the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, of the Art. 4348) establishes procedure and terms of maintaining Forex dealer of accounting of the signed agreements specified in Item 1 of article 4.1 of the Federal law "About the Security Market", and the transactions made in connection with their execution.

Chapter 1. General provisions

1.1. Requirements of this Instruction do not extend much conducting financial accounting, creation and submission of accounting (financial) records Forex dealers.

1.2. Forex dealers shall record the signed agreements specified in Item 1 of article 4.1 of the Federal law "About the Security Market", and the transactions made in connection with their execution (further - internal accounting Forex dealer), according to requirements of this Instruction.

1.3. Conducting internal accounting Forex dealer is performed in the form of the electronic database by the arranged, continuous, continuous, complete and documentary collection, generalization and reflection of information on the agreements and transactions made in connection with their execution signed Forex dealer. Forex dealer shall perform in chronological procedure recording (entering into log files) of any changes in internal accounting Forex dealer.

1.4. Internal accounting Forex dealer shall reflect information necessary for implementation of functions Forex dealer, including documents (changes and amendments to them) and the data concerning partners Forex dealer (the physical persons who are not individual entrepreneurs, and the brokers or managing directors acting at the expense of the physical persons who are not individual entrepreneurs) allowing to identify partners, information on the quotations directed by partners requests, the framework and separate agreements Forex dealer exposed Forex dealer on the money transferred Forex dealer, financial results of the signed agreements on the transactions made with money on the revealed violations (discrepancies) in internal accounting Forex dealer on the nominal account (nominal accounts) and bank (banks) in which, (which) storage of money of partners is performed.

1.5. Internal accounting Forex dealer shall provide possibility of group, aggregation of data and selection of necessary information, including on the following criteria: to partners Forex dealer, to the framework agreements, agreements specified in Item 1 of article 4.1 of the Federal law "About the Security Market", to foreign currencies and (or) currency pairs concerning which Forex dealer on the basis and in pursuance of the framework agreement separate agreements, to transactions (transaction types), date and time of the conclusion of separate agreements, the number of the signed separate agreements and amount of obligations under the signed separate agreements are signed.

1.6. Internal accounting Forex dealer shall cover all stages constituting process of the conclusion, change, execution, the termination, including termination of separate agreements and making of transactions in connection with their execution including drawing of the quotation, application, calculation of the amount of the providing provided by the partner, obligations assumed by the partner, the financial result received by the partner, directing on making of transactions on the nominal account Forex dealer in connection with settlings with partners.

Chapter 2. Requirements to the organization of conducting internal accounting Forex dealer

2.1. The organization of conducting internal accounting Forex dealer shall conform to the following requirements.

2.1.1. Internal accounting Forex dealer shall be performed on the basis of rules of conducting internal accounting Forex dealer (further - Rules of conducting internal accounting Forex dealer) which affirm authorized body of management Forex dealer. Rules of conducting internal accounting Forex dealer shall include the description of procedures of document flow when forming internal accounting Forex dealer; procedure for determination of the time zone in case of creation and document creation of internal accounting Forex dealer; standard document forms, used in internal accounting Forex dealer, requirements to their registration; procedure for forming and requirement to content of log files; procedure for assignment and use in internal accounting Forex dealer of identifiers (numbers, symbols, codes, abbreviations, indexes, code names) in case of designation of partners Forex dealer, and also agreements and transactions; the list and procedure for identification of the workers Forex dealer having information access, Forex dealer, and procedure for access to this information which is reflected in internal accounting; procedure and terms of carrying out Forex dealer of integrity checkings and consistency of data of internal accounting Forex dealer; procedure for creation of acts of carrying out the specified reconciliations; procedure for archiving, backup and document storage of internal accounting Forex dealer, and also other information provided by this Instruction. Rules of conducting internal accounting Forex dealer may contain also other provisions.

2.1.2. Internal accounting Forex dealer shall be performed by specially appointed workers Forex dealer to whose functions conducting internal accounting Forex dealer is referred. At the same time such workers shall not submit to person who is directly leading the workers Forex dealer performing functions according to the conclusion of separate contracts, and for them functions according to the conclusion of separate agreements cannot be assigned. Internal documents Forex dealer and job descriptions of the workers performing conducting internal accounting Forex dealer shall contain the requirements to these workers conforming to the qualification requirements established by the Instruction of the Bank of Russia of September 1, 2015 No. 3770-U "About functions of the workers Forex dealer determined for the purposes of Item 1.1 of article 10.1 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market", and requirements to workers Forex dealer, them the Ministry of Justice of the Russian Federation which is carrying out", registered on September 18, 2015 No. 38930 ("the Bulletin of the Bank of Russia" of September 24, 2015 No. 80), and also the disaggregated list of the functions which are carried out by them, including differentiation of access rights to program technical means Forex dealer. Forex dealer in the mode allowing to make changes to data of internal accounting Forex dealer only the workers conforming to the requirements specified in this subitem shall have access to program technical means.

2.1.3. Forex dealer provides conducting internal accounting Forex dealer separately from the objects which are not provided in Item 3.1 of this Instruction.

2.2. Forex dealer independently determines in rules of conducting internal accounting duration of the period (periods) of time within calendar days during which, (which) processing and inclusion in internal accounting Forex dealer of information on objects of internal accounting Forex dealer is performed (further - operational time) concerning each object of internal accounting Forex dealer, the stipulated in Item 3.1 presents of the Instruction, proceeding from working hours of structural divisions Forex dealer and specific conditions of implementation of activities Forex dealer.

2.3. All information on the objects of internal accounting Forex dealer specified in Item 3.1 of this Instruction, arriving in operational time is subject to reflection in internal accounting Forex dealer before completion of calendar days during which the relevant information arrived. Information arriving outside operational time is subject to reflection in internal accounting Forex dealer no later than the receipt of information of the working day following behind day.

2.4. If program technical means Forex dealer provide inclusion in internal accounting Forex dealer of necessary information in the automatic mode without participation of workers Forex dealer, concerning the corresponding objects of internal accounting requirement Forex dealer, provided by Items 2.2 and 2.3 of this Instruction, are not used. In this case information is subject to inclusion in internal accounting Forex dealer no later than fifteen minutes from the moment of the corresponding action (event) reflected in log file.

2.5. Internal account Forex dealer is kept in currency in which obligations of the partner before Forex dealer are expressed. In case of need entering into internal accounting Forex dealer of data on sizes in rubles Forex dealer enters in internal accounting data in rubles with indication of data on the official rate of the corresponding currency in relation to the ruble established by the Bank of Russia for date of introduction of data or if the official rate of foreign currency in relation to ruble is not established by the Bank of Russia, about other used rate.

2.6. Forex dealer performs storage of information of internal accounting Forex dealer at least five years from the date of execution or the termination, including termination of separate agreements in connection with which in internal accounting Forex dealer the relevant information is entered.

2.7. Forex dealer according to requirements of this Instruction bears responsibility for the organization of conducting internal accounting person performing functions of sole executive body Forex dealer who provides observance by workers Forex dealer of requirements of this Instruction and the Rules of conducting internal accounting approved Forex dealer.

Chapter 3. Accounting of the signed agreements and transactions made in connection with their execution

3.1. Objects of internal accounting Forex dealer are the following agreements and transactions made in connection with their execution.

3.1.1. The framework agreement.

3.1.2. Concluded Forex dealer with the physical persons who are not individual entrepreneurs, not at the organized biddings the agreements specified in Item 1 of article 4.1 of the Federal law "About the Security Market".

3.1.3. Concluded Forex dealer with the broker or the managing director acting at the expense of the physical person who is not the individual entrepreneur, not at the organized biddings the agreements specified in Item 1 of article 4.1 of the Federal law "About the Security Market".

3.1.4. The transactions made Forex dealer in connection with execution, the termination, including agreement cancelation, specified in subitems 3.1. 2, 3.1.3 presents of Item, including carrying out settlings with partners (further - uncommercial transactions).

3.2. Internal accounting Forex dealer concerning the agreements specified in subitems 3.1.2 and 3.1.3 of Item 3.1 of this Instruction shall include the following information.

3.2.1. Surname, name, middle name (the last - in the presence), the name of the partner or designation identifying this partner.

3.2.2. Surname, name, middle name (the last - in the presence) or the identifying designation of person acting at the request of the partner.

3.2.3. The unique identifier of the separate agreement in internal accounting Forex dealer.

3.2.4. The quotations exposed Forex dealer.

3.2.5. The applications submitted Forex dealer, and parameters which shall contain in requests according to conditions of the framework agreement.

3.2.6. The concretized conditions of obligations relations Forex dealer and the partner (including, information on currency and (or) currency pair, agreement amount, the agreement price);

3.2.7. The amount of the providing provided by the partner Forex dealer both concerning all obligations of the partner, and under the separate agreements signed with this partner.

3.2.8. The size of obligations of the partner before Forex dealer, both concerning all obligations of the partner, and under the separate agreements signed with this partner;

3.2.9. Ratio of the amount of the providing provided by the partner Forex dealer and the size of obligations of the partner before Forex dealer, as in general on the partner, and under the separate agreements signed with this partner.

3.2.10. The facts of achievement of the minimum size of ratio of the amount of the providing provided by the partner Forex dealer and the size of obligations of the partner before Forex dealer in case of which completion date of obligations of the parties as regards separate agreements or under all separate agreements is considered come.

3.2.11. The financial result received as a result of execution, the termination, including agreement cancelation.

3.2.12. Data on the facts of receipt of claims, requirements of the partner relating to the conclusion, change, execution or the termination, including termination of separate agreements.

3.2.13. Other data determined by Rules of conducting internal accounting Forex dealer.

3.3. Forex dealer shall consider all quotations on purchase and on sale exposed to them, including the following information.

3.3.1. Quotation conditions.

3.3.2. Date and time of drawing of the quotation (with an accuracy of millisecond).

3.4. The procedure of drawing of quotations shall be reflected in internal accounting Forex dealer with indication of the status (stage) of these procedures, date and time of change of the corresponding statuses (stages), including including the following stages.

3.4.1. Check of compliance of procedure for drawing of the quotation to the Federal Law "About the Security Market" and the approximate conditions of the framework agreement approved by self-regulatory organization Forex dealers.

3.4.2. Check of compliance of terms and conditions of drawing of the quotation to the standard of self-regulatory organization Forex dealers.

3.4.3. Check of observance of the requirement about prohibition to change conditions of the quotation on purchase without corresponding change of conditions of the quotation on sale.

3.4.4. Drawing of the quotation.

3.5. Concerning each received application Forex dealer in internal accounting Forex dealer the records fixing the following information shall be performed.

3.5.1. Surname, name, middle name (the last - in the presence), the name of the partner or designation identifying this partner.

3.5.2. Surname, name, middle name (the last - in the presence) or the identifying designation of person acting at the request of the partner.

3.5.3. The request parameters defined by the framework agreement, including request orientation (purchase, sale with determination of currency and (or) currency pair); the agreement specified in Item 1 of article 4.1 of the Federal law "About the Security Market"; price and amount of the request; request type, request effective period.

3.5.4. Other features of execution of the request approved by the partner and condition Forex dealer, determining (in the presence).

3.5.5. Date and time of obtaining request Forex dealer (with an accuracy of millisecond).

3.5.6. Data on any change, cancellation of the request, partial or its complete execution;

3.5.7. Method by means of which the request of the partner for transaction making, including communication type, and also the storage location of the relevant supporting document created in electronic form is accepted.

3.6. The procedure of processing of requests shall be reflected in internal accounting Forex dealer with indication of the status (stage) of these procedures, date and time of change of the corresponding statuses (stages), including, including, the following stages.

3.6.1. Check of compliance of application process to the Federal Law "About the Security Market" and the approximate conditions of the framework agreement approved by self-regulatory organization Forex dealers.

3.6.2. Check of compliance of procedure, terms and conditions of the direction of the request to the standard of self-regulatory organization Forex dealers.

3.6.3. Verification of presence in the request of the parameters defined by the framework agreement.

3.6.4. Result of processing of the request (the conclusion of the agreement or refusal in the conclusion of the agreement). If Forex dealer refuses to the partner the conclusion of the agreement, the cause of failure is specified.

3.7. After the conclusion of the separate agreement in internal accounting Forex dealer the records fixing the following information shall be performed.

3.7.1. Surname, name, middle name (the last - in the presence), the name of the partner or designation identifying this partner.

3.7.2. The reference to the framework agreement according to which the separate agreement is signed.

3.7.3. The agreement specified in Item 1 of article 4.1 of the Federal law "About the Security Market" and also the conditions concretized in the separate agreement, containing including, data on its orientation (purchase, sale with determination of currency and (or) currency pair), the price and amount.

3.7.4. Date and time of the conclusion agreement Forex dealer (with an accuracy of millisecond).

3.8. Forex dealer shall in the continuous mode during the period in which services Forex dealer are provided, to calculate the size of monetary commitments under agreements Forex dealer with each partner. Updating of this information shall be made in process of change of data. Information on the amount of the providing provided Forex dealer by the partner is considered Forex dealer on the basis of the data on quantity of money received from bank on the nominal account Forex dealer on each partner taking into account information on the current obligations on separate agreements.

3.9. Forex dealer calculates financial result in connection with execution, the termination, including termination of each separate agreement.

3.10. Internal accounting Forex dealer concerning uncommercial transactions shall be performed by reflection of data on calculations in connection with the financial results received by partners under separate agreements and also about calculations in connection with introduction (return) of the money provided by partners Forex dealer and shall contain the following data.

3.10.1. Code (identifier) of the agreement which is object of internal accounting Forex dealer in connection with execution, the termination, including termination of which transaction is made.

3.10.2. Code (identifier) of the partner which money is enlisted on the nominal account Forex dealer are charged off the nominal account Forex dealer, are translated between special Sections of the nominal account Forex dealer.

3.10.3. Data on transaction nature (transfer of money on the nominal account Forex dealer, cash write-off from the nominal account Forex dealer, money transfer between special Sections of the nominal account Forex dealer).

3.10.4. Data on transaction amount (cash amount, enlisted on the nominal account Forex dealer, charged off the nominal account Forex dealer, translated between special Sections of the nominal account Forex dealer).

3.10.5. Data on the official rate of the corresponding currency on the maturity day either other used rate or other date of its determination (if Forex dealer which is object of internal accounting the agreement and the liability which arose according to it provide payment of monetary commitment in rubles in the amount equivalent to certain amount in foreign currency).

3.10.6. Data on the entering and closing balance of money on the nominal account Forex dealer (the special Section of the nominal account Forex dealer) respectively before transaction making.

3.10.7. Data on method by means of which the order of the partner on transaction making, including communication type, and also the storage location of the relevant supporting document created in electronic form is accepted.

3.10.8. Data on the facts of receipt of claims, customer requirements connected with making of the corresponding uncommercial transaction.

3.10.9. Other data determined by Rules of conducting internal accounting Forex dealer.

3.11. If Forex dealer it is necessary to reflect the transaction leading to change of the amount of the providing provided by the partner Forex dealer, not in connection with the calculations specified in Item 3.10 of this Instruction in internal accounting, data on such transactions are reflected with indication of the corresponding basis which led to change of the amount of providing.

3.12. Execution of each order of the partner on making of uncommercial transaction shall be followed by reflection in internal accounting Forex dealer of the status (stage) of the execution of the order specifying consistently the facts of acceptance, processing and execution of the order, and also date and time of change of the corresponding statuses (stages).

Chapter 4. Final provisions

4.1. This Instruction is subject to official publication in "the Bulletin of the Bank of Russia" and based on the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of August 31, 2015 No. 25) become effective since October 1, 2015.

 

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