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

of September 9, 2021 No. 747

About approval of Changes in Regulations on implementation of depository activity

According to Item 13 parts one of article 8 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", to the Law of Ukraine "About depositary system of Ukraine", to the Law of Ukraine of June 19, 2020 No. 738-IX "About modification of some legal acts of Ukraine concerning simplification of investment attraction and implementation of new financial instruments", for the purpose of reduction of regulations on regulation of implementation of depository activity in compliance with requirements of the legislation the National commission on securities and the stock market SOLVED:

1. Approve Changes in the Regulations on implementation of depository activity approved by the decision of the National commission on securities and the stock market of April 23, 2013 No. 735, registered in the Ministry of Justice of Ukraine on June 27, 2013 for No. 1084/23616 (further - Changes in Regulations on implementation of depository activity) which are applied.

2. To department of methodology of regulation of professional participants of the security market (Kurochkina I.) provide submission of this decision on state registration in the Ministry of Justice of Ukraine and promulgation of this decision on the official website of the National commission on securities and the stock market.

3. This decision becomes effective from the date of its official publication, except the subitem 2 Items 2, of subitems 1 - 3 Items 7 of Changes in Regulations on implementation of depository activity which become effective since January 1, 2022.

4. To Central Securities Depository, depository institutions to bring the internal documents into accord with this decision no later than six months from the date of the introduction it in force.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Baramiya I.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of September 9, 2021 No. 747

Changes in Regulations on implementation of depository activity

1. In Item 2 of the Section I:

in paragraph four after words "the law" the word "state" to exclude the representative;

paragraphs the eighth, ninth to state in the following edition:

"depository operation - set of actions of the Central depositary, depository institution concerning implementation of depository activity by them according to the legislation of Ukraine;

the depository institution - the legal entity who will be formed and functions in the form of joint-stock company or limited liability company and which in accordance with the established procedure obtained the license for implementation of depository activity of depository institution;";

in the paragraph the twelfth "securities which are objects of the state property / utility property" shall be replaced with words words "corporate laws which are objects of the state property / utility property, on securities which belong to the state / territorial community, the rights to which are considered on such account in securities";

in the paragraph the thirteenth the words "clearing organization and Settlement center" shall be replaced with words "person performing clearing activities";

in the paragraph the fourteenth "stock market" shall be replaced with words words "the capital markets and the organized goods markets";

add the paragraph the eighteenth after the words "which is provided to depository institution by nominee holders", the words "if owners of such securities are clients (clients of clients) of nominee holders";

in the paragraph the nineteenth ambassador of words "the law" the word "state" to exclude the representative.

2. In the Section II:

Item 1 to state 1) in the following edition:

"1. The central depositary, depository institutions perform depository activity only concerning issued securities to which international security identification number (ISIN) is appropriated (further - code of securities).";

To exclude 2) in Item 6 of the word "and to bonds of local loans".

3. In the Section III:

1) in Item 1:

word in paragraph six of "implementation of numbering (codification)" shall be replaced with words "about assignment of code";

add after the paragraph of the seventh with the paragraph the eighth the following content:

"The central depositary can assign code for legal entities, including nonresidents, according to the international standards, to perform maintaining the register of codes of legal entities (the international identification codes of legal entities (LEI codes).".

With respect thereto paragraphs of the eighth - to consider the eleventh respectively paragraphs the ninth - the twelfth;

2) in Item 7:

paragraphs the fourth, fifth to exclude.

With respect thereto paragraphs of the sixth - to consider the fourteenth respectively paragraphs the fourth - the twelfth;

add after the paragraph of the tenth with four paragraphs the eleventh - the fourteenth the following content:

"Depository operations concerning the direction also belong to information transactions of the Central depositary and depository institutions:

information on corporate transactions of the issuer;

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