DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of December 13, 2018 No. 867

About modification of the Regulations on procedure for the reporting by depository institutions of the National commission on securities and the stock market

According to the paragraph to the sixth Item 2 of Article 28 of the Section V of the Law of Ukraine "About depositary system of Ukraine", to Item 10 parts two of Article 7 and to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", to the Law of Ukraine of May 15, 2018  "About introduction of amendments to some laws of Ukraine concerning assistance to attraction of foreign investments" the National commission on securities and the stock market SOLVED No. 2418-VIII:

1. Bring in the Regulations on procedure for the reporting depository institutions of the National commission on securities and the stock market approved by the decision of the National commission on securities and the stock market of June 11, 2013 No. 992, registered in the Ministry of Justice of Ukraine on July 05, 2013 for No. 1126/23658, the following changes:

1) in Item 3 of the Section I:

third to state the paragraph in the following edition:

"the owner of the block of shares - person (except the notary on whose deposit securities are introduced and the nominee holder) into whose accounts in securities in depository institution, at the nominal holder / customer of the nominee holder the rights to voting shares of certain issuer in quantity which makes 5 percent and more authorized capital of the issuer are considered;";

 to replace the paragraph of the sixth with three paragraphs of such content:

"the foreign financial organization - the foreign financial institution registered in the state which is the member of the European Union and/or the member Gruppy of development of financial measures of anti-money laundering (FATF) (except foreign financial institution which is registered in the state performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" and/or it is directly or indirectly controlled by persons which are residents of the specified state), in which the depository institution based on the relevant agreement opened the account (accounts) for ensuring provision for the clients of services in accounting of securities of foreign issuers and restrictions on such securities, registration of transition of the property right to the corresponding securities and other services, stipulated by the legislation such state;

irregular Data - the Data containing information on owners of blocks of shares, owners of mortgage securities on opening/account termination (accounts) in securities to nominal holders / in foreign financial institution, about the facts of violation by the nominee holder determined requirements of the legislation of Ukraine;

the nominee holder - the foreign financial organization which is registered in the state which is the member of the European Union and/or the member Gruppy of development of financial measures of anti-money laundering (FATF), conforms to the requirements established by the Commission and according to the legislation of the state in which it is registered, has the right to provide to the clients services in accounting of securities and registration of transition of the property right to securities, including in other states based on the relevant contracts with foreign financial institutions.";

in the paragraph the second Item 6 of figure "12" to replace with figures "18";

2) in the Section II:

in Item 2:

 in paragraph one after words" (1)" to add appendix with words ", certificates of the accounting operations performed by depository institution with securities which are considered on its account in securities in foreign financial institution (appendix 16)";

in the paragraph the second ambassador of words "repayment of issue of securities" to add with words ", executed according to requirements of article 65-2 of the Law of Ukraine "About joint-stock companies";

 "owners of securities" to add the subitem 2 of item 4 after words with words ", nominee holders";

 add Item 5 with new subitems of the following content:

"3) certificates of opening/account termination (accounts) in securities to nominal holders / in foreign financial institution (appendix 17);

4) certificates of the facts of violation by the nominee holder determined requirements of the legislation of Ukraine (appendix 18).";

3) in item 4 of the Section III:

2, 3 to state subitems in the following edition:

"2) increase in quantity of the rights to voting shares on the account in securities of the owner of securities - the owner of the block of shares therefore the block of shares increases from 5% to 100% (inclusive) of the authorized capital of the issuer;

3) reduction of quantity of the rights to voting shares on the account in securities of the owner of securities - the owner of the block of shares therefore the block of shares decreases from 100% to 5% (inclusive) of the authorized capital of the issuer;";

6, 7 to state subitems in the following edition:

"6) increase by results of transactions of the issuer of quantity of the rights to voting shares on the account in securities of the owner of securities - the owner of the block of shares therefore the block of shares increases from 5% to 100% (inclusive) of the authorized capital of the issuer;

7) reduction by results of transactions of the issuer of quantity of the rights to voting shares on the account in securities of the owner of securities - the owner of the block of shares therefore the block of shares decreases from 100% to 5% (inclusive) of the authorized capital of the issuer;";

 Appendices 1, 4 - 6, 9 to be reworded as follows 4) which are applied;

5) to add the Provision with new appendices 16 - 18, which are applied.

2. To department of regulation of professional participants of the security market (Kurochkina I. Yu.) provide:

submission of this decision on state registration in the Ministry of Justice of Ukraine;

promulgation of this decision on the official website of the National commission on securities and the stock market.

3. This decision becomes effective since March 1, 2019, but not earlier than day of its official publication.

4. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Tarabakin D. V.

Appendix 1

to Regulations on procedure for the reporting depository institutions of the National commission on securities and stock market (Item 2 of the Section II)

The certificate of the accounting operations performed by depository institution

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