Contract of Clearing Services without the right to participate in the Risk Covering Fund. 1. Subject of contract

Transcription

1 Contract of Clearing Services without the right to participate in the Risk Covering Fund No. City of Moscow 200_ Joint-Stock Commercial Bank National Clearing Centre (Closed-Joint Stock Company), hereinafter referred to as the Clearing Centre, represented by the Chairman of the Board of the Joint-Stock Commercial Bank National Clearing Centre (Closed Joint-Stock Company) Utkin Viktor Sergeevich, acting on the basis of the Charter, license of the Bank of Russia to carry out banking operations No d/d August 16, 2006 and, hereinafter referred to as the Clearing Participant, represented by, acting on the basis of, hereinafter jointly referred to as the Parties, have concluded this Contract of Clearing Services (without the right to participate in the Risk Covering Fund of CJSC JSCB National Clearing Centre), hereinafter referred to as the Contract, as follows. 1. Subject of contract Hereunder the Clearing Centre, pursuant to the procedure provided for in the Rules for carrying out clearing activity by the Joint-Stock Commercial Bank National Clearing Centre (Closed Joint-Stock Company) when conducting the Unified Trading Session of interbank currency exchanges (hereinafter Clearing Rules), provides to the Clearing Participant clearing services as well as other functions related to carrying out clearing, in regard to foreign currency purchase and sale when conducting the Unified trading session of interbank currency exchanges according to the Clearing Participant's Registration Code and Clearing Participant's Settlement Code assigned to the Clearing Participant when concluding this Contract and used at making settlements with the Clearing Centre through the Non-bank credit institution Closed Joint-Stock Company Settlement Centre of the Moscow Interbank Currency Exchange. 2. General provisions 2.1. In this Contract the terms and definitions shall be used as meant in the Clearing Rules as well as acts of legislation and other regulations of the Russian Federation The Clearing Rules, Provisional Regulations for Trades and Performance of Obligations under UTS Transactions for USD and EUR by Clearing Participants that make settlements with Clearing Centre through the Settlement Centre, referred to in Section 1 hereof, (hereinafter Provisional Regulations) and Commission remuneration rates for services, provided to the clients of CJSC JSCB National Clearing Centre (hereinafter the Rates), are an integral part of this Contract. The Clearing Participant confirms that as of the date of signing this Contract it has agreed and accepted the Clearing Rules, Provisional Regulations and Rates and will duly observe the same. 3. Rights and obligations of Parties 3.1. The Clearing Centre shall: Provide clearing services to the Clearing Participant in compliance with requirements of the Russian legislation, regulations of the Bank of Russia as well as documents referred to

2 in clause 2.2 hereof in the manner stipulated herein Notify the Clearing Participant of amendments in the Clearing Rules (including by approval of the Clearing Rules as amended), Provisional Regulations and Rates in the procedure and within the period specified herein Perform other obligations provided for in this Contract as well as in the documents referred to in clause 2.2 hereof The Clearing Centre shall be entitled to: Require the Clearing Participant to meet requirements set forth in this Contract, Clearing Rules and Provisional Regulations Require the Clearing Participant to indicate the Registration and/or Settlement Codes, assigned to it in accordance with this Contract, when sending to the Clearing Centre documents and/or information in all cases provided for in this contract and Clearing Rules Require the Clearing Participant to indicate in payment documents the Settlement Code of the Clearing Participant, assigned to it in accordance with this Contract, when transferring funds to the accounts of the Clearing Centre Require the Clearing Participant to make payments hereunder to the Clearing Centre in Russian rubles solely through the Settlement Centre referred to in Section 1 hereof, in foreign currency through the Clearing Banks using bank details specified in Section 8 hereof, within the period specified in the Provisional Regulations Amend and/or supplement the Clearing Rules at its sole discretion (including by approval of Clearing Rules as amended). The Clearing Participants shall be notified of all amendments coming into force by sending notice in hard copy or as electronic document in accordance with EDT procedure(only if the Clearing Participant has contract on electronic document transfer concluded with the Clearing Centre) at least 5 (five) business days prior to entry into force of these amendments and subsequent placing of the texts of specified documents on the site of the Clearing Centre on the Internet ( Amend the Provisional Regulations and Rates at its sole discretion, having notified the Clearing Participant at least 5 (five) business days prior to entry into force of Provisional Regulations and Rates by sending the amended Provisional Regulations and/or Rates in form of documents in hard copy or in form of electronic document in accordance with EDT procedure (only if the Clearing Participant has contract on electronic document transfer concluded with the Clearing Centre) and by placing the specified documents on the site of the Clearing Centre on the Internet ( Make changes in bank details of the Clearing Centre, specified in Section 8 hereof, at its sole discretion, having notified the Clearing Participant at least 3 (three) business days prior to the date of their entry into force by sending new bank details of the Clearing Centre in form of document in hard copy or in form of electronic document in accordance with EDT procedure (only if the Clearing Participant has contract on electronic document transfer concluded with the Clearing Centre) and by placing the specified bank details on the site of the Clearing Centre on the Internet ( Exercise other rights provided for in this Contract as well as in documents referred to in clause 2.2 hereof The Clearing Participant shall: Meet the requirements set forth in this Contract as well as in the documents referred to in clause 2.2 hereof Make payments to the Clearing Centre in accordance with this Contract in Russian rubles only through the Settlement Centre referred to in Section 1 hereof, in foreign currency through the Clearing Banks using bank details specified in Section 8 hereof, within the period specified in the Provisional Regulations.

3 Indicate the Registration and/or Settlement Codes, assigned to it in accordance with this Contract, when sending to the Clearing Centre documents (or information) in all cases provided for in this contract and Clearing Rules Indicate in payment documents the Settlement Code of the Clearing Participant, assigned to it in accordance with this Contract, when transferring funds to the accounts of the Clearing Centre Pay for the services of the Clearing Centre in the amount and in the manner provided for in this Contract, Clearing Rules and Rates Pay the commission fee in the manner and within the period set forth in Clearing Rules and Provisional Regulations Be bound by conditions and schedule of interaction with the Clearing Centre, Manager, MICEX, Clearing Banks and Settlement Centres, in accordance with this Contract as well as other documents referred to in clause 2.2 hereof Perform other duties provided for in this Contract and Clearing Rules The Clearing Participant shall be entitled to: Interchange the documents and information with the Clearing Centre in the manner and within the period provided for in this Contract, Clearing Rules and Provisional Regulations Exercise other rights provided for in this Contract as well as in documents referred to in clause 2.2 hereof. 4. Confidential Information 4.1. The information that became available to the Parties in connection with performance of this Contract shall be confidential unless otherwise provided for in the Clearing Rules. Neither Party shall be entitled to transfer confidential information to the third parties without written consent of other Party hereunder. Such data can be provided to the state agencies and their officers solely in the manner and in cases provided for in the legislation of the Russian Federation The obligations for ensuring the confidentiality of information that became available to the Parties hereunder shall not prevent them from performance of obligations for disclosure and transfer of information arising from requirements of this Contract and current legislation of the Russian Federation. 5. Dispute resolution procedure 5.1. The Parties agree that all disputes arising from or in connection with this Contract, including those related to its performance, breach, invalidation (nullification) or declaring it non concluded, shall be settled at the Arbitration Commission attached to CJSC Moscow Interbank Currency Exchange in accordance with the documents defining its legal status and procedure for settlement of disputes being in force as of the date of filing a suite The decisions of the Arbitration Commission by CJSC Moscow Interbank Currency Exchange shall be acknowledged by the Parties as final and binding. The decision of the Arbitration Commission by CJSC Moscow Interbank Currency Exchange, not executed voluntarily, shall be subject to compulsory execution in accordance with legislation of the Russian Federation or legislation of country of compulsory execution and international treaties. 6. Duration of Contract

4 6.1. This Contract shall come into force from the date of signature by the Parties and shall remain in force for one year from the date of its conclusion. The Contract is automatically extended for each subsequent year if neither Party declared in writing about its intent to terminate it in the manner provided for in clause 6.2 hereof The Clearing Centre shall be entitled to terminate this Contract at its sole discretion in the manner and within the period provided for in the Clearing Rules and/or Regulation on RCF. The Clearing Participant shall be entitled to terminate this Contract at his sole discretion by sending to the other Party a written notice 30 days prior to the supposed date of Contract termination unless other procedure for termination of this Contract and/or period for its termination are expressly provided for in the Clearing Rules and/or Regulation on RCF. 7. Miscellaneous 7.1. The amendments in this Contract can be made as agreed by the Parties and shall be executed in form of additional contract hereto unless other procedure for making amendments in this Contract is expressly provided for in the Clearing Rules and/or this Contract All addenda to this Contract shall form an integral part hereof This Contract has been drawn in two copies, one for each Party Termination of this Contract shall not relieve the Parties from obligations that arose before termination of this Contract. 8. Addresses and bank details of Parties Name Location CLEARING PARTICIPANT: Mailing address INN KPP OGRN Bank details Phone Fax CLEARING CENTRE: Name Joint-Stock Commercial Bank National Clearing Centre (Closed Joint- Stock Company) Location 13 Bolshoy Kislovsky Lane, Moscow Mailing address 13 Bolshoy Kislovsky Lane, Moscow, INN

5 KPP OGRN Phone (495) Fax (495) Bank details in the Settlement Centre Bank details in the Settlement Banks Account at CJSC RP MICEX, BIC , corr/acc at Branch No.1 of Moscow GTU of Bank of Russia 1. In USD: account No with J.P. Morgan Chase Bank, New York, USA (SWIFT: CHASUS33) 2. In EUR: Account No with J.P. Morgan AG, Frankfurt am Main, Germany (SWIFT: CHASDEFX) 3. in Kazakh tenge: account No with JSC Bank TuranAlem, Almaty, Republic of Kazakhstan (SWIFT: ABKZKZKX) 4. In Belorussian roubles: account No with OJSC Belvneshekonombank, Minsk, Republic of Belarus (SWIFT: BELBBY2X) 5. in Ukrainian hryvnias: account No with CJSC CB PrivatBank, Dniepropetrovsk, Ukraine (SWIFT: PBANUA2X) 9. Signatures of Parties On behalf of Clearing Participant On behalf of Clearing Centre L.S. / / L.S. / V.S. Utkin /