Елена Самтынова
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В Госдуму внесен законопроект, которым срок вступления в силу положений Федерального закона от 31 июля 2020 г. № З06-ФЗ о начале тестирования физлица, не являющегося квалифицированным инвестором, может быть перенесен1 с 1 апреля 2022 года на 1 октября 2021 года. О данной инициативе ранее в своем докладе об основных направлениях денежно-кредитной политики на ближайшие три года заявляла Председатель Банка России Эльвира Набиуллина. Напомним, с 1 апреля 2022 года должны вступить в силу поправки о тестировании физлица, не являющегося квалифицированным инвестором, которое вправе проводить брокер, форекс-дилер и иные указанные в законе лица, в соответствии базовым стандартом защиты прав и интересов физлиц и юрлиц – получателей финансовых услуг, оказываемых членами СРО в сфере финансового рынка. Тестирование предусмотрено для оценки опыта и знаний физлица в подтверждение тому, что оно в состоянии оценивать риски с учетом характера предполагаемых сделок и оказываемых услуг для доступа к сложным инструментам на фондовом рынке (ст. 51.2-1 Федерального закона от 22 апреля 1996 г. № 39-ФЗ «О рынке ценных бумаг»).
Кроме того, законопроектом предлагается установить единообразные требования к деятельности финансовых организаций в части раскрытия ими исчерпывающей информации о финансовом договоре и связанных с ним рисках потенциальному потребителю. Предусматривается наделение Банка России полномочиями по ограничению заключения договоров финансовыми организациями с физлицами, в том числе не являющимися квалифицированными инвесторами, если при их заключении физлицу представляется неполная и (или) недостоверная информация о возникающих в этой связи рисках либо такая информация об условиях договора требует специальных знаний и опыта работы на финансовом рынке, а также по обязанию финансовых организаций осуществлять обратный выкуп финансового инструмента и возмещать расходы физлиц, если создается существенная угроза их правам и законным интересам (такое ограничение может быть отменено по ходатайству финансовой организации при соблюдении определенных условий).
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Регулятору может быть предоставлено право требования об обеспечении финансовой организацией предоставления физлицу, имеющему намерение заключить договор с финансовой организацией, информации о таком договоре, включая информацию об условиях и последствиях его заключения, а также о связанных с его заключением рисках. Данное требование планируется распространять и на случаи осуществления деятельности с привлечением третьих лиц. Прописывается, что отношения между кредитными организациями, а также между кредитными организациями и их клиентами могут регулироваться дополнительно стандартами деятельности кредитных организаций. К таким стандартам относятся стандарты защиты прав и законных интересов получателей банковских услуг, включающие правила предоставления (раскрытия) информации потребителям банковских услуг об услуге и лице, ее предоставляющем, и уведомления о рисках, стандарты совершения операций на финансовом рынке и стандарт корпоративного управления. Кроме того, поправки предполагают наделение Банка России полномочиями устанавливать требования к объему и содержанию информации, предоставляемой физлицу при заключении с ним договора. Также предлагается ввести ограничения на исполнение брокером поручений неквалифицированного инвестора – физлица.
Поправки планируется внести в Федеральные законы от 31 июля 2020 г. № 306-ФЗ «О внесении изменений в Федеральный закон «О рынке ценных бумаг» и отдельные законодательные акты Российской Федерации», от 2 июля 2010 г. № 151-ФЗ «О микрофинансовой деятельности и микрофинансовых организациях», от 18 июля 2009 г. № 190-ФЗ «О кредитной кооперации», от 10 июля 2002 г. № 86-ФЗ «О Центральном банке Российской Федерации (Банке России)», от 7 мая 1998 г. № 75-ФЗ «О негосударственных пенсионных фондах», от 8 декабря 1995 г. № 193-Ф3 «О сельскохозяйственной кооперации» и другие.
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1 С текстом законопроекта № 1098730-7 «О внесении изменений в отдельные законодательные акты Российской Федерации (в части определения объема информации, предоставляемой потребителю — физическому лицу при заключении финансового договора, и об ограничениях на совершение финансовых сделок с или за счет физических лиц, не являющихся квалифицированными инвесторами)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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