The NHCD (Nominal Holder of Central Depository) account can only be opened with a person carrying out registry maintenance activities based on the appropriate license, including with a specialized depository [3].
NSD opens or reclassifies an already opened Nominal Holder (NH) account to NHCD in the registers of owners of registered securities of issuers depending on the requirements of current legislation [3].
For issuers obligated to disclose (provide) information in accordance with Article 30 of the Federal Law dated April 22, 1996 No. 39-FZ "On the Securities Market", the determining criteria for having an NHCD personal account in the register are:
presence of a registered securities prospectus, both for shares and bonds, admission of exchange bonds or Russian depositary receipts to organized trading;
the issuer is a joint-stock company created during privatization of state and/or municipal enterprises, and in accordance with the privatization plan approved in the established order and serving as the prospectus of share issue at the date of its approval, the possibility of alienation of issuer's shares to more than 500 acquirers or to an unlimited circle of persons was provided;
absence of exemption from the federal executive authority for the securities market from the obligation to disclose information for the issuer.
For units of Unit Investment Funds (UIF) or Mortgage Participation Certificates (MPC), the determining criterion for having an NHCD personal account in the register is:
presence in the Trust Management Rules of UIF or Trust Management Rules of MI of the possibility of circulating units on organized trading.
Qualification of UIF or MPC as central-depository, as well as non-central-depository, is carried out by NSD based on corresponding documents received from the Management Company [3].
Features of filling in instructions MF036 and MF035 when carrying out operations on NHCD account in owners' registers.
In connection with the fact that for carrying out operations of debiting (crediting) securities on the NHCD personal account in the owners' register it is necessary to ensure identity of information in reciprocal instructions, before submitting to NSD depository instructions in form MF036 "Removal of Securities from Custody and/or Accounting" (operation code 36) and in form MF035 "Acceptance of Securities for Custody and/or Accounting" (operation code 35), it is required to coordinate with the registered person, to whose personal account (from whose personal account) in the securities owners' register securities are credited (debited), the following data [3]:
This information must be specified in the corresponding fields of depository instructions MF036 "Removal of Securities from Custody and/or Accounting" (operation code 36) or MF035 "Acceptance of Securities for Custody and/or Accounting" (operation code 35) [3].
More detailed features of filling in depository instructions for operations 36, 35 are described in Appendix No. 1 to "Procedure for Interaction between the Depository and Depositors" [3].
Execution of instructions in ISO 15022 format (messages MT540/MT542) is carried out in accordance with Specification of Electronic Messages Used by NSD (Appendix No. 3 to the Electronic Document Exchange Agreement), also with mandatory specification of the above-described data [3].
In accordance with the Federal Law dated 07.12.2011 No. 414-FZ "On Central Depository" (hereinafter referred to as the Law), exchange of information and documents between the central depository and the person carrying out maintenance of owners' registers must be carried out in electronic form [3].
Organization of electronic document flow is carried out in accordance with Electronic Document Exchange Agreement (Electronic Document Flow Rules of NSD (hereinafter referred to as NSD EDF Rules) are Appendix 1 to this Agreement, concluded by NSD with registrars (hereinafter jointly referred to as the Parties)) [3].
The procedure for interaction of the Parties during exchange of corporate information related to carrying out the general meeting of shareholders with the possibility of conducting electronic voting at general meetings of shareholders (E-proxy voting) is determined by the Rules for Interaction with NSD during exchange of corporate information, carrying out corporate actions and other operations [3].