Lecture notes, cheat sheets
Commercial law. Legal status of commodity exchanges (lecture notes) Directory / Lecture notes, cheat sheets Table of contents (expand) LECTURE No. 25. Legal status of commodity exchanges The position and activities of commodity exchanges are regulated by the Law of the Russian Federation "On Commodity Exchanges and Exchange Trade". A commodity exchange is an organization with the rights of a legal entity that forms a wholesale market by organizing and regulating open public auctions held in a predetermined place and at a certain time according to the rules established by the exchange (clause 1, article 2 of the Law of the Russian Federation "On commodity exchanges and exchange trading ).The main goal of commodity exchanges is the formation of a commodity wholesale market.The main task of the activity of a commodity exchange is the organization and regulation of exchange trading.A commodity exchange is not entitled to carry out activities that are not related to the organization of exchange trading. The Exchange is established by legal entities and (or) individuals and is subject to state registration in accordance with the established procedure. The exchange is established in the form of a business entity or a non-profit organization. To carry out exchange trading, a license is required. A license to organize exchange trading is issued by the Commission on Commodity Exchanges under the Federal Financial Markets Service (clause 3 of the Regulations on the Commission on Commodity Exchanges under the State Committee of the Russian Federation on Antimonopoly Policy and Support for New Economic Structures, approved by Decree of the Government of the Russian Federation of February 24, 1994 No. No. 152). The peculiarity of the exchange is that it is regulated by a large number of exchange documents: 1) the charter of the exchange; 2) exchange trading rules, etc. The charter of the exchange stipulates: 1) the management structure and control bodies of the exchange, their functions and powers, the decision-making procedure; 2) the size of the authorized capital; 3) the list and procedure for the formation of permanent funds; 4) the maximum number of members of the exchange; 5) the procedure for admission to the members of the exchange, suspension and termination of membership; 6) rights and obligations of members of the exchange and other participants in exchange trading; 7) the procedure for resolving disputes between participants in exchange trading on exchange transactions, the activities of the exchange, its branches and other separate divisions. The rules of exchange trading define: 1) the procedure for conducting exchange trading; 2) types of exchange transactions; 3) the name of the commodity sections; 4) a list of the main structural divisions of the exchange; 5) the procedure for registration and accounting of exchange transactions; 6) the procedure for quoting prices for exchange goods; 7) measures to control pricing; 8) measures to ensure order and discipline at the auction; 9) a list of violations for which fines may be levied and their amount; 10) the amount of deductions. The Commodity Exchange may have branches and other separate structural subdivisions established in accordance with the law. To protect the interests of their members and implement joint programs, including organizing joint trading, exchanges can create unions, associations and other associations that coordinate their activities (clause 1, article 4 of the Law of the Russian Federation "On commodity exchanges and exchange trading"). The Exchange cannot carry out trading, trading and intermediary and other activities that are not directly related to the organization of exchange trading. The restriction does not apply to a legal entity and an individual who is a member of the exchange (clause 2, article 3 of the Law of the Russian Federation "On commodity exchanges and exchange trading"). The exchange is not entitled to make deposits, acquire shares (shares), shares of enterprises, institutions and organizations, if these enterprises, institutions and organizations do not aim to organize exchange trading (clause 3 of article 3 of the Law of the Russian Federation "On Commodity Exchanges and Exchange Trading") . The exchange is not entitled to set the levels and limits of prices for exchange goods in exchange trading, the amount of remuneration charged by exchange intermediaries for mediation in exchange transactions (clause 2, article 29 of the Law of the Russian Federation "On Commodity Exchanges and Exchange Trade"). The exchange may receive various payments from members of the exchange and participants in exchange trading for the services it provides, fines levied for violation of the charter and rules of exchange trading. The supreme governing body of the exchange is the general meeting of members of the exchange, which can decide all issues of the organization and activities of the exchange and adopts its main documents - the Charter and Rules of exchange trading. The liquidation of the exchange is carried out by decision of the supreme management body of the exchange, as well as by a court or arbitration court in the manner and on the terms provided for by the legislative acts of the Russian Federation (Article 13 of the Law of the Russian Federation "On commodity exchanges and exchange trading"). << Back: Exchange trading. Exchange types >> Forward: Legal regulation of trading on the stock exchange We recommend interesting articles Section Lecture notes, cheat sheets: ▪ Enterprise economy. Lecture notes See other articles Section Lecture notes, cheat sheets. Read and write useful comments on this article. Latest news of science and technology, new electronics: The existence of an entropy rule for quantum entanglement has been proven
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