Securities Department.  Disclosure of information on the securities market.  Department of Finance

Securities Department. Disclosure of information on the securities market. Department of Finance "EG"

Department of securities is part of the stock market management commission, within its framework strategic decisions are made to regulate the issuance of documents, as well as their turnover.

The Committee performs the most important functions in the economy of the state, as it creates barriers to entry into retail space, norms, rules of operation.

Essence and purpose

To understand the essence of the functioning of this organization, it is necessary to consider its main tasks:

Composition and members of the department

The success of the entire system will depend on how professional the participants will be. The mandatory composition of the committee assumes the presence of the following units:

  • trade supervision department valuable documents, conducting activities on retail space, control of risks, losses, income;
  • a division that is engaged in licensing the professional activities of brokers;
  • department for providing methodological, statistical, general economic information;
  • department for monitoring all processes, operations on the stock exchange.

Organizational structure

This economic structure has its own special hierarchy, which is subject to state law, cannot be challenged or changed. The director may have two deputies, as well as a department for work with international organizations. The director also reports directly to the accounting department, organizational and personnel work. Deputies manage the following structural elements:

Reports are openly published as economic processes should not contain any hidden information. All reporting is of a documentary, official nature and is not subject to adjustments or editing. All elements act as a single system, guided by state legal norms.

More on the topic:


What is a securities transaction and how it is regulated Russian legislation? Trading securities with the help of MICEX Exchange trading securities in Belarus: rules of the game

VTB Capital Broker LLC (VTBC Broker), License of a professional participant in the securities market for brokerage activities No. 045-12014-100000, issued: February 10, 2009, License of a professional participant in the securities market for carrying out dealer activities No. 045-12021-010000 , issued: February 10, 2009, License of a professional participant in the securities market for depository activities No. 045-12027-000100, issued: February 10, 2009

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THE GOVERNMENT OF MOSCOW
DECISION No. 358 of April 25, 1995
ABOUT THE PREPARATION OF THE ISSUE OF THE CITY BOND LOAN

In order to protect the property rights of city residents who have invested in shares of privatized enterprises, to ensure state regulation of the securities market, to support enterprises, to attract investment in urban facilities, as well as to develop the Decree of the President Russian Federation dated 06.02.95 N 95 "On the second stage of privatization in Moscow", resolutions of the Government of Moscow dated June 28, 1994 N 516 "On the protection of property rights of Moscow residents in connection with the expiration of privatization checks" and resolutions of the Government of the Russian Federation dated February 28, 1995 N 193 "On Approval of the Model Regulations on the Regional Commission on Securities and stock market"The Moscow government decides:

1. Recognize it as necessary to attract temporarily free funds from legal and individuals by issuing the Moscow bonded loan.

2. Issues of Moscow bond loans to carry out the programs of the Moscow government, which in the future will reduce budget spending city ​​(budget loan), or for the implementation of targeted Moscow programs necessary for the city, which cannot currently be implemented in any other way (target loan).

Post-privatization support for enterprises;

Financing investment programs;

Development of urban transport;

Support for small and medium businesses;

Support for social housing programs.

4. To instruct the sectoral departments and prefectures of the administrative districts during the second quarter of 1995 to develop draft investment programs based on the proposals of enterprises and departments, confirmed by business plans focused on raising funds with the help of a bonded target loan, and submit them for consideration by the Moscow Commission for securities and the stock market.

5. Instruct the Department economic policy and the Department perspective development Moscow to determine the priority of Moscow's investment programs for implementation at the expense of funds raised by issuing a bonded loan with submission to the Moscow government in the prescribed manner.

6. Instruct the Moscow Commission on Securities and the Stock Market, together with the Mayor's Department, within a month to develop the conditions for holding and organize a competition for the best organizational support for the issuance of a bonded loan among banks and other financial institutions.

7. Instruct the Moscow Commission on Securities and the Stock Market, the Department of Economic Policy and the Department of Prospective Development of Moscow to organize an examination of projects.

8. Instruct the Moscow Securities and Stock Market Commission to:

Within a month from the date of receipt, consider projects for issuing bonded loans;

Prepare projects normative documents that determine the conditions and procedure for issuing and servicing bonds, organize the necessary competitions, including a competition for the general manager of the issue.

9. To the Moscow Property Management Committee jointly with the Moscow Property Fund within a month:

Prepare a list of privatized enterprises, the blocks of shares of which are at the disposal of the city;

Develop a procedure for managing the relevant blocks of shares.

10. Instruct the Department of Finance to apply to the Ministry of Finance of the Russian Federation with a request to give the city bonded loan the status of a state security.

11. To the Department of Press and Information Affairs, the press center of the mayor's office and the government to provide coverage in the media mass media the main provisions of the issue of a bonded loan.

12. In order to expand the circle of potential investors at the stage of placement of bonds among individuals and legal entities ensure participation in the project of trade unions and public organizations, including associations and associations of business circles.

13. The Moscow Commission on Securities and the Stock Market, together with the Mayor's Department, to prepare, based on the results of the competition (clause 8), a draft resolution of the Moscow City Duma "On holding a city bonded loan."

14. To impose control over the implementation of this resolution on the deputy prime ministers of the Moscow government according to their affiliation.

Prime Minister of Moscow Government

Yu.M. Luzhkov

The Association assists in the provision of services in the sale of timber: at competitive prices on an ongoing basis. Wood products of excellent quality.

One of the most important conditions for the existence of the securities market is to ensure the availability of information to all persons interested in this, regardless of the purpose of obtaining it, in accordance with procedures that guarantee the discovery and receipt of this information. This is one of the key conditions for evaluating the company's activities by shareholders and potential investors, which is an important factor in attracting capital.

In the new Law No. 231-Z of January 5, 2015 “On the Securities Market” (hereinafter - Law No. 231-Z), a separate chapter 10 is devoted to the regulation of this issue.

Disclosure of Information in the Securities Market - its placement on single information resource securities market , publication in the print media or bringing to the attention of an indefinite circle of persons in another way, determined by Law No. 231-Z or by a republican body government controlled carrying out state regulation the securities market, as well as its representation in cases established by Law No. 231-Z, to a certain circle of persons (Article 55 of Law No. 231-Z).

On October 3, the Instruction on the procedure for disclosing information on the securities market comes into force, approved. Decree of the Ministry of Finance of June 13, 2016 No. 43 (hereinafter - Instruction No. 43).

In this regard, the Securities Department of the Ministry of Finance (hereinafter referred to as the Department) explained that professional participants in the securities market, joint-stock companies, bond issuers must submit information for the III quarter of 2016 in the manner and in the forms provided for by the Instruction on the procedure for submission and publication by participants securities market reporting and other information, approved. Decree of the Ministry of Finance dated December 21, 2010 No. 157, and Instructions on certain issues of issuance and state registration securities, approved. Decree of the Ministry of Finance dated December 11, 2009 No. 146. At the same time, indicators, incl. for the same period last year, are reflected taking into account the denomination (in banknotes sample 2009) rounded to 6 decimal places.

Reports and information for subsequent reporting periods, incl. the annual report for 2016 will need to be disclosed in accordance with the requirements of Instruction No. 43.

Single resource

In order to organize information support for participants financial market, incl. securities market, in Belarus on the basis of a nationwide automated information system the Unified Financial Market Portal was created. It contains a section (group) "Securities market", which performs the functions of a single information resource of the securities market (hereinafter - EIRR).

The order of placement (disclosure) of the necessary information is determined by the Ministry of Finance. So, for this you should purchase at the Republican Certification Center State system management of public keys for verifying the electronic digital signature of the Republic of Belarus the key of the electronic digital signature install the software tool for cryptographic protection of information "Avest CSP Cryptographic Provider" and the ActiveX software.

Types of information

Information on the securities market is divided into confidential and public (Article 54 of Law No. 231-З).

Confidential information may be insider and non-public.

Insider any information that is not publicly available about the issuer and the issue-grade securities issued by it, with the exception of the Ministry of Finance, the National Bank, local executive and administrative bodies and the issue-grade securities issued by them, as well as the information specified in Part 8 of Art. 36 of Law No. 231-З, which puts persons who, by virtue of their official position, work duties or a civil law contract concluded with an issuer and (or) a professional participant in the securities market, such information, in a privileged position compared to other market entities valuable papers.

Recall, according to part 8 of Art. 36 of Law No. 231-З information on transactions made using the services of an organizer of securities trading (with some exceptions), as well as information provided to him in accordance with the legislation of the Republic of Belarus on securities about transactions with securities made on an unorganized market , refers to insider information.

Closed information on the results of the financial and economic activities of the issuer is recognized before its disclosure by posting on the EIRR, as well as before publication in the media or otherwise brought to the attention of an indefinite circle of persons in cases established by the Law and other legislative acts of the Republic of Belarus. Confidential information on the securities market is disclosed in accordance with the procedure established by law, after which it is recognized as publicly available.

Recall that in accordance with Part 7 of Art. 64 of the Law No. 2020-XII of December 9, 1992 “On Business Companies”, information on the results of the financial and economic activities of a business company that is an issuer of securities, prior to its publication in the media or otherwise brought to the attention of an unlimited number of persons, is recognized as classified information on securities market.

Public information on the securities market is information, the dissemination and (or) provision of which is not limited by the Law and other legislative acts of the Republic of Belarus.

Reporting

An issuer that has issued equity securities, with the exception of CJSC shares, is obliged to draw up quarterly accounting and (or) financial statements and disclose information on the results of financial and economic activities in the form of quarterly and annual reports. Such an issuer (except CJSC):

Places on a single information resource of the securities market, as well as publishes in print media, and (or) places on its official website on the Internet, and (or) brings to the attention of an indefinite circle of persons in another way determined by the Department, the annual report no later than one month after its approval in the manner prescribed by the legislation of the Republic of Belarus on business entities;

Submits quarterly, annual reports to the Department.

Requirements for the content of the reports, the timing of their disclosure are established by the Department.

During the entire period of circulation of emissive securities, the issuer is responsible for compensating the owners of these securities for losses caused by inaccurate and (or) incomplete information about such papers.

Non-resident issuers whose emissive securities are admitted to placement and circulation in the territory of the Republic of Belarus disclose information in accordance with the procedure established by the legislation of the Republic of Belarus on securities.

In accordance with clause 4 of Instruction No. 43, securities market participants must disclose, incl. by submission, periodic reporting and operational information, incl. about significant facts (events, actions). The information disclosed in this case must be complete and reliable in accordance with the law and the requirements of Instruction No. 43.

Disclosure of information by posting it on a single information resource of the securities market in accordance with Instruction No. 43 is carried out by a participant in the securities market or by a depository, broker or trustee with whom such a participant has concluded a depositary agreement or an agreement of agency, commission or trust management (clause 5 Instructions No. 43).

Periodic reporting

Periodic reporting , compiled monthly as of the 1st day of each month following the reporting one, is submitted no later than 10 working days after the end of the reporting month to the Department (clause 6 of Instruction No. 43).

Periodic reporting, compiled quarterly as of April 1, July 1, October 1, based on the results of the reporting quarter, on an accrual basis from the beginning of the year (hereinafter referred to as the quarterly report), is submitted after the end of the reporting quarter:

OJSC - to the securities departments of the main departments of the Ministry of Finance by regions (Minsk city) by territorial affiliation;

Periodic reporting, compiled as of January 1 of the year based on the results fiscal year following the reporting one, approved in accordance with the procedure established by the legislation of the Republic of Belarus, is submitted no later than April 30 of the year following the reporting one, with the exception of the information specified in par. 3, 4 sub. 13.2 p. 13 of Instruction No. 43, which is submitted no later than 35 calendar days from the end of the reporting year:

Joint-stock companies - to the territorial body for securities;

Professional participants and issuers of bonds - to the Department.

Periodic reporting is not submitted by issuers and professional participants that are in the stage of liquidation (termination of activities) (clause 7 of Instruction No. 43).

Composition of the quarterly report of JSC:

Form 1 "Information on the joint-stock company and its activities" in accordance with the appendix to Instruction No. 43 (hereinafter - Form 1);

Balance sheet and income statement by forms, by decree Ministry of Finance dated October 31, 2011 No. 111 (hereinafter referred to as Resolution No. 111);

Form 2 "Information on affiliates" in accordance with the appendix to Instruction No. 43 (hereinafter - Form 2).

OJSC - insurance companies, banks and non-banking financial institutions balance sheet, income statement and form 2 are not provided.

To fill out forms 1 and 2, MS Excel template files are used, presented on the website of the Ministry of Finance at: http://minfin.gov.by/securities_department/background/.

Compound annual report OJSC:

Balance sheet, income statement, change in equity, movement Money and notes to financial statements;

Auditor's report on accounting (financial) statements (except for cases of exemption from statutory audit annual financial statements);

OJSCs applying the simplified taxation system do not submit a cash flow statement and notes to the financial statements.

OJSC - insurance organizations, banks and non-bank credit and financial organizations submit only forms 1 and 2.

Closed joint-stock companies submit only forms 1 and 2 in the annual report.

The quarterly and (or) annual report shall be submitted by the person responsible for the preparation of the report, by courier or registered mail. The information included in the quarterly and (or) annual report is presented in in electronic format(on magnetic (digital) media) in MS Excel format (notes to financial statements and audit report can be submitted in MS Word format). In addition, this information is printed, certified by signatures head, chief accountant or head of the organization or individual entrepreneur providing JSC services for maintaining accounting and preparation of accounting and (or) financial reporting, the performer, indicating the initials and surnames of the above persons and sealed with the seal of the joint-stock company.

An open joint stock company, with the exception of an JSC that is in the process of liquidation (termination of activities), discloses the annual report no later than one month after its approval in the manner prescribed by the legislation of the Republic of Belarus on business entities, by posting the information provided for in paragraphs 4-6, 8-10 , 13, 14 form 1, balance sheet, income statement, audit report on the EIRR, as well as by publishing in the print media or posting on the official website of the OJSC on the Internet (if available) or on the official website of the central securities depository.

.

Periodic reporting
bond issuers

Issuers of bonds (except for insurance organizations, banks and non-bank credit and financial organizations), before the date of actual redemption of bonds, provide the following information:

As part of the monthly report - on the amount of equity ( net assets) as of the 1st day of each month in the form in accordance with Appendix 1 to the Instruction on the procedure for calculating the value of net assets, approved. Decree of the Ministry of Finance dated June 11, 2012 No. 35 (hereinafter - Instruction No. 35);

As part of the quarterly (annual) report - the balance sheet and profit and loss statement, the auditor's report (only as part of the annual report, except for cases of exemption from mandatory audit of annual financial statements). A quarterly (annual) report is not submitted by bond issuers - JSCs that have submitted a quarterly (annual) report in accordance with the above requirements of Instruction No. 43.

The issuer of bonds (with the exception of issuers - JSCs in the stage of liquidation (for which the disclosure procedure is discussed above)) discloses the annual report no later than one month after its approval in the manner prescribed by the legislation of the Republic of Belarus on business entities, by posting a balance sheet, a profit report and losses, an audit opinion on the accounting (financial) statements (except for cases of exemption from the mandatory audit of annual accounting statements) on the EIRR, as well as by publishing in print media or posting on its official website on the Internet (if available) or on the official website central depository. Information posted on official websites should be available for review by all interested parties on an ongoing basis until the bonds are redeemed.

Non-resident issuers disclose the annual report in one of the state languages ​​of the Republic of Belarus no later than 30 calendar days from the date of its approval or disclosure in accordance with the law foreign state, which is the place of establishment of the non-resident issuer or the place of state or other registration of issue-grade securities of the non-resident issuer, and if such is an international organization - its constituent or internal documents. The accuracy of the translation or the authenticity of the translator's signature must be notarized.

As part of the annual report, a non-resident issuer discloses annual accounting (financial) statements, annual consolidated accounting (financial) statements prepared in accordance with international standards financial statements (hereinafter - IFRS) or other internationally recognized rules other than IFRS, as well as an audit report of a foreign auditor (foreign audit organization), who (which) in accordance with foreign law can check such reporting, or a Belarusian auditor - an individual entrepreneur (Belarusian audit organization). A non-resident issuer discloses the annual report by posting it on the EIRR, as well as by posting it on the official website of the organizer of securities trading, which admitted the issue-grade securities of the non-resident issuer to trading, on the Internet.

Information posted on the official website of the trade organizer should be available for viewing by all interested parties on an ongoing basis. within 5 years from the date of its placement (in case of admission to placement and (or) circulation of shares issued by a non-resident issuer) or until the redemption of bonds issued by a non-resident issuer.

Periodic reporting of professional participants in the securities market

Monthly professional participant report includes:

Information on the amount of equity capital (net assets) as of the 1st day of each month in the form in accordance with Appendix 3 to Instruction No. 35;

Information on the amount of borrowed funds of the professional participant;

Information on the presence (absence) of outstanding obligations to creditors and payments to the budget;

Form 3 "Information on securities owned by non-residents of the Republic of Belarus" in accordance with the appendix to Instruction No. 43 (hereinafter - Form 3).

Information is provided by depositories (with the exception of depositories if they do not have “depo” accounts opened for non-residents, or if there are no securities on such “depo” accounts).

Professional participants - banks and non-bank credit and financial organizations submit only form 3.

The professional participant's quarterly report includes:

Form 4 "Information on the activities of a professional participant in the securities market" in accordance with the Appendix to Instruction No. 43 (hereinafter - Form 4);

Form 5 "Information on Shareholders" in accordance with the Appendix to Instruction No. 43 (hereinafter - Form 5);

Form 2 (not submitted by professional participants who are not business entities).

Annual report professional participant includes:

Forms 2, 4 and 5;

Balance sheet, income statement, change in equity, cash flow;

Notes to the financial statements;

Auditor's report on accounting (financial) statements.

Professional participants - JSCs that submitted an annual report in accordance with general requirements for joint-stock companies, represent forms 2, 4, and 5 only.

To fill out forms 2-5, MS Excel template files are used, presented on the official website of the Ministry of Finance at: http://minfin.gov.by/securities_department/background/.

Information (with the exception of information about the owners of shares) is submitted electronically in MS Excel format. Notes to the financial statements and the auditor's report can be submitted in MS Word format. All information is provided by e-mail or on a magnetic (digital) medium, as well as printed out, certified by the signatures of the head, chief accountant or head of the organization or individual entrepreneur providing the issuer with accounting and accounting and (or) financial reporting services, the contractor indicating their initials and surnames, sealed seal of the professional participant and submitted by courier or registered mail.

Information about the owners of shares is provided by depositories on CD-ROMs in MS Excel format by an employee of the depository authorized to provide such information (by hand) with the application cover letter signed by the head of the depository and certified by the seal of the depository.

The professional participant, no later than April 30 of the year following the reporting one, shall disclose the annual report, approved in accordance with the procedure established by the legislation of the Republic of Belarus, by posting form 4 (except for sections 3, 6, lines 086 and 087 of section 7), the balance sheet, income statements and losses and changes in equity capital, an audit report on the accounting (financial) statements on the EIRR, as well as by publishing in the print media or posting on the professional participant's official website on the Internet (if available) or on the official website of the central depository.

To fill out form 4, use the MS Excel template file presented on the website of the Ministry of Finance at: http://minfin.gov.by/securities_department/background/.

The balance sheet, income statement, statement of changes in equity capital, audit report are not disclosed by professional participants - JSCs in the process of liquidation, who disclosed the annual report in the manner prescribed for such a case.

Information posted on official websites should be available for viewing to all interested parties on an ongoing basis. within 5 years from the date of its placement .

Clause 15 of Instruction No. 43 emphasizes that reports submitted or disclosed in violation of the established requirements are considered not submitted or disclosed, respectively (except in cases where the report is submitted or disclosed in violation of the established deadlines).

If the submitted report does not comply with the requirements of Instruction No. 43, the Department for Securities or the territorial body for securities no later than 10 working days from the date of receipt of the report sends to the securities market participant who submitted such a report (except for the presentation of the report by courier), a written notice of non-compliance of the report with the requirements of the law, indicating non-compliance (hereinafter referred to as the notification).

If the report is submitted by courier, the report shall be returned to the representative of the securities market participant.

Participant of the securities market within 10 working days from the date of receipt of the notification (return of the report) must submit a corrected report to the body that sent such a notification (returned the report), as well as disclose the corrected report in the manner prescribed by this chapter.

Department of Finance "EG"

(To be continued)