RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of October 12, 2021 No. 104

About approval of Changes in Regulations on implementation of depository and clearing activity and ensuring implementation of payment under transactions concerning securities the National Bank of Ukraine

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 13, of 17, 20 Laws of Ukraine "About depositary system of Ukraine", for the purpose of ensuring implementation by the National Bank of Ukraine of depository activity, clearing activities and payment under transactions concerning securities according to the powers determined by the legislation of Ukraine, and settlement of the relations by interaction between the National Bank of Ukraine as securities depository and its clients the Board of the National Bank of Ukraine DECIDES:

1. Approve Changes in the Regulations on implementation of depository and clearing activity and ensuring implementation of payment under transactions concerning securities the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of December 21, 2017 No. 140 (with changes) (further - Changes in the Provision) which are applied.

2. To management of corporate laws and depository activity of the National Bank of Ukraine (Andrey Suprun) after official publication to inform clients of depositary of the National Bank of Ukraine information on adoption of this resolution.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Yury Geletiya.

4. The resolution becomes effective from the date of, its official publication following behind day, except:

1) paragraphs of the fifth, eighth, twenty eighth - the thirtieth, forty seventh - the forty ninth subitem 5 of Item 1, paragraphs of the fifth - the eighth subitem 3 Items 2, paragraphs of third - the twelfth subitem 11 of Item 3 of Changes in the Provision which become effective in 30 days from the date of its official publication;

2) paragraphs of the eighth and twenty third subitem 13 of Item 3 of Changes in the Provision which become effective on January 1, 2022.

Approved by the Resolution of Board of the National Bank of Ukraine of October 12, 2021 No. 104

Changes in Regulations on implementation of depository and clearing activity and ensuring implementation of payment under transactions concerning securities the National Bank of Ukraine

1. In the Section I:

1) in Item 2 of Chapter 1:

subitem 1 after words to "its depositors" to add with words to "clients and/or clients of clients of certain nominee holder";

in subitem 3 of the word of "internal state loans" shall be replaced with words "internal state loan";

in subitem 6 of the word "internal", "internal state loans of Ukraine" to replace respectively with the word and letters "internal", "OVDP";

exclude subitem 7;

in subitem 11 of the word and the letter ""SETTLEMENT CENTER ON SERVICING of AGREEMENTS IN the FINANCIAL MARKETS" PUBLIC JOINT STOCK COMPANY (Further — RTs)" shall be replaced with words "operators of the organized markets of the capital";

13, 14 to exclude subitems;

in subitem 18 "/the pledger" to exclude the word;

in the subitem 23 letters and the word "SEP", "(further - SEP)" to replace respectively with words and letters "to electronic payment system of National Bank (further - SEP)", "(further - special means of SEP)";

to state the paragraph of the twenty sixth in the following edition:

"Other terms in this Provision are used in the values determined by the Laws of Ukraine "About depositary system of Ukraine", "About the capital markets and the organized goods markets", other laws of Ukraine, regulatory legal acts of National Bank and National commission on securities and the stock market.";

2) in Chapter 2:

in Item 3:

add subitem 1 with words and letters ", including target OVDPs";

exclude subitem 3;

the paragraph one of item 4 to state in the following edition:

"4. The National Bank performs depositary accounting of government securities among which there is OVDP, including target OVDPs, the OVDP, the state derivatives, treasury obligations of Ukraine and OMP.";

in Item 7 to replace the word of "release" with the word "issues";

3) in Chapter 3:

in Item 10:

in the subitem 3 of the letter "RTs" shall be replaced with words "operators of the organized markets of the capital";

in subitem 5 to replace the word "placements" with the word "issues";

in the subitem 9 of Item 11 to replace the word "placements" with the word "issues";

in Item 15:

in the subitem 4 of the letter "KU/RTS" shall be replaced with words "person performing clearing activities";

in paragraph seven of the letter "KU/RTS" to replace respectively with words "persons performing clearing activities", "person performing clearing activities";

in Item 21:

in the paragraph the second" (further - Treasury of Ukraine)" to exclude words;

in paragraph three to replace the word "placements" with the word "issues";

4) in Chapter 4:

in paragraph one of Item 23 of the word and figures "developed according to the Standard of depositary accounting No. 1 "The general principles of implementation of depositary accounting. Balance sheet accounts of depositary accounting", the approved board decision of National depositary of Ukraine of October 25, 2000 No. 25/1, registered in the Ministry of Justice of Ukraine on November 10, 2000 for No. 796/5017" to exclude;

in the subitem 2 of Item 25 of letter and the word "KU and RTs" shall be replaced with words "persons performing clearing activities";

state Item 30 in the following edition:

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