It is registered
in the Ministry of Justice of Ukraine
November 15, 2006.
No. 1205/13079
of September 1, 2006 No. 774
About approval of the Regulations on mortgage covering of regular mortgage bonds, procedure for maintaining the register of mortgage covering and management of mortgage covering of regular mortgage bonds
According to part one of Article 27 and Item 3 of the Section VI of the Law of Ukraine "About mortgage bonds" State commission on securities and the stock market SOLVED:
1. Approve Regulations on mortgage covering of regular mortgage bonds, procedure for maintaining the register of mortgage covering and management of mortgage covering of regular mortgage bonds which is applied.
2. To the chief of staff of State commission on securities and stock market Nepran M. I. provide:
provision of this decision on registration in the Ministry of Justice of Ukraine;
the publication of this decision according to the legislation.
3. Control over the implementation of this decision to assign S. O to the member of the commission Biryuk.
Commission chairman A. Balyuk
Approved by the Decision of State commission on securities and the stock market of September 1, 2006 No. 774
1. This Provision is developed in pursuance of part one of Article 27 and Item 3 of the Section VI of the Law of Ukraine "About mortgage bonds" (further - the Law), Item of 31 parts two of Article 7 and Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Civil code of Ukraine, the Laws of Ukraine "About securities and the stock market", "About mortgage", "About pledge", other regulatory legal acts.
2. This Provision determines:
2.1. Conditions of inclusion of mortgage assets in structure of mortgage covering of regular mortgage bonds.
2.2. Procedure for forming of mortgage covering of regular mortgage bonds.
2.3. Requirements to balance of mortgage covering with debt on regular mortgage bonds.
2.4. Requirements to maintaining and contents of Sections of the register of mortgage covering.
2.5. Conditions of information access which contains in the register of mortgage covering.
2.6. Procedure for test of data of the register of mortgage covering and provision of statements from it.
2.7. Disclosure of information from the register of mortgage covering.
2.8. Functions on management of mortgage covering of regular mortgage bonds.
2.9. Requirements and restrictions concerning activities of the manager, terms of replacement of the manager.
2.10. Referral terms of the contract about management of mortgage covering.
3. For the purpose of application of this provision by the connected person it is considered:
3.1. The legal entity who exercises control of the corresponding legal entity or is controlled by the corresponding legal entity or is under general control with such legal entity.
3.2. The physical person or members of his family who exercise control of the corresponding legal entity. His husband or the wife, direct relatives (children or parents) of physical person, his husband or the wife, and also the husband or the wife of any direct relative of physical person are considered as members of the family of physical person.
3.3. The official of the corresponding legal entity, authorized to perform from his name the legal acts directed to establishment, change or stop of legal relations and also members of the family of such person.
1. Mortgage covering of regular mortgage bonds mortgage assets with observance of stated below conditions can be included.
2. Mortgage assets shall belong to the issuer on the property rights and can be aloof in case of failure to carry out by the issuer of obligations according to regular mortgage bonds. At the time of inclusion of mortgage assets in mortgage covering, and also during all term of stay of these assets as a part of mortgage covering the issuer of regular mortgage bonds shall:
2.1. Have the creditor's rights on the corresponding mortgage asset. The issuer's rights to mortgage asset cannot be limited or burdened by the rights of any other persons, except owners of regular mortgage bonds.
2.2. Keep possibility of reliction of the rights on the corresponding mortgage asset for benefit of other person for the purpose of accomplishment of obligations to owners of regular mortgage bonds.
2.3. Not limit or burden the right of owners of regular mortgage bonds to turn collection on mortgage assets as a part of mortgage covering, except for the restrictions established by the Law and the prospectus of the issue of the corresponding release of regular mortgage bonds.
3. The obligations of debtors provided with mortgage are subject to accomplishment exclusively in cash. It is not allowed to include in structure of mortgage covering mortgage assets which contractual conditions of origin provide accomplishment of obligations of debtors in natural form, by offsetting or in a different way which does not provide complete payment to the issuer of the main amount of debt and percent in cash.
4. Data that the issuer is mortgage holder according to the corresponding mortgage agreement shall be entered in the corresponding state register in the procedure established by the legislation. Data on burdening of the real estate mortgage for benefit of the issuer are documented by endurance (the reference or other document according to the legislation) from the State register of mortgages or from the State register of the rights to the real estate and their restrictions depending on in what of these registers according to the legislation mortgages are registered.
5. Mortgage assets do not stay in pledge or are not burdened otherwise for ensuring accomplishment by the issuer of other obligations, than obligations on the corresponding release of regular mortgage bonds. At the time of inclusion of mortgage assets in structure of mortgage covering, and also during all term of stay of these assets as a part of mortgage covering of the right of the issuer as the creditor on the corresponding mortgage assets cannot be subject of contractual or non-contractual restrictions or burdenings which provide origin at other persons, except owners of regular mortgage bonds, the rights to satisfaction of their requirements to the issuer at the expense of such mortgage assets.
6. According to the mortgage or credit agreement which confirm the issuer's rights to the corresponding mortgage asset which is included mortgage covering the decision on the address of collection is not made.
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The document ceased to be valid according to the Decision of the National commission on securities and the stock market of Ukraine of December 27, 2012 No. 1902