Неквалифицированным инвесторам планируется временно ограничить доступ к некоторым сделкам с ценными бумагами

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Неквалифицированным инвесторам планируется временно ограничить доступ к некоторым сделкам с ценными бумагами
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Банк России разработал проект указания1, целью которого является обеспечение защиты инвесторов – физлиц с учетом рисков совершения операций с финансовыми инструментами, сообщается пресс-службой регулятора. Согласно проекту документа предлагается ограничить профессиональных участников рынка ценных бумаг при совершении операций по поручению или за счет неквалифицированных инвесторов – физлиц с финансовыми инструментами с повышенными рисками до внедрения тестирования, предусмотренного Федеральным законом от 31 июля 2020 г. № 306-ФЗ.

Напомним, согласно названному закону с 1 апреля 2022 года вступит в силу ст. 51.2-1 Федерального закона от 22 апреля 1996 года № 39-ФЗ «О рынке ценных бумаг» (далее – Закон № 39-ФЗ), согласно которой в случае успешного прохождения тестирования физлицо получит доступ к сложным инструментам на фондовом рынке. Тестирование физлица, не являющегося квалифицированным инвестором, вправе проводить брокер, форекс-дилер и иные лица, в порядке, установленном соответствующим базовым стандартом защиты прав и интересов инвесторов, оказываемых членами СРО в сфере финансового рынка. Тестирование представляет собой получение ответов физлица на вопросы, которые определяются соответствующим базовым стандартом защиты прав инвесторов,также могут быть заданы дополнительные вопросы. Тестирование проводится бесплатно. 

Проект указания регулятора предусматривает, что сделки с облигациями российских и иностранных эмитентов, размер выплат по которым зависит от наступления или ненаступления одного или нескольких обстоятельств, указанных в абз. 2 подп. 23 п. 1 ст. 2 Закона № 39-ФЗ, могут совершаться физлицом или за его счет только если указанное физлицо является квалифицированным инвестором, за исключением:

облигаций с ипотечным покрытием; облигаций, являющихся государственными ценными бумагами РФ; облигаций, отвечающих одновременно следующим признакам: в решении о выпуске облигаций предусмотрена обязанность их эмитента по требованию владельца облигации до истечения срока ее погашения приобрести облигацию по цене не менее 100 % от ее номинальной стоимости; размер годового процента (купона) по облигации в соответствии с решением о выпуске облигаций составляет не менее 2/3 ключевой ставки Банка России, действующей на дату подписания эмитентом решения о выпуске облигаций; кредитный рейтинг выпуска облигаций (при отсутствии кредитного рейтинга выпуска облигаций – кредитный рейтинг их эмитента) не ниже уровня, установленного Советом директоров Банка России в соответствии с п. 17.5 ч. 1 ст. 18 Федерального закона от 10 июля 2002 года № 86-ФЗ «О Центральном банке Российской Федерации (Банке России)».

 Все важные документы и новости о коронавирусе COVID-19 – в ежедневной рассылке Подписаться

Также предполагается, что договоры, производные от финансовых инструментов, заключаемые не на организованных торгах, могут заключаться с физлицом или за его счет, только если оно является квалифицированным инвестором.

Предложения и замечания к проекту указаний следует направлять по адресу e-mail: komolovav@cbr.ru по 24 января 2021 года включительно.

_____________________________

1 С текстом проекта указания можно ознакомиться на официальном сайте Банка России (https://www.cbr.ru/StaticHtml/File/41186/210111-59-1.pdf).

Источник: garant.ru

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