Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of February 22, 2024 No. 3585-IX

About introduction of amendments to the Law of Ukraine "About state regulation of the capital markets and the organized goods markets" and some other legal acts of Ukraine concerning enhancement of state regulation and supervision in the capital markets and the organized goods markets

The Verkhovna Rada of Ukraine DECIDES:

I. Make changes to the following legal acts of Ukraine:

1. In the Law of Ukraine "About state regulation of the capital markets and the organized goods markets" (Sheets of the Verkhovna Rada of Ukraine, 1996, No. 51, Art. 292 with the following changes):

Articles 1-3 and 5 to state 1) in the following edition:

"Article 1. Determination of terms

1. For the purposes of this Law the following terms are used in the following value:

1) arrest - time, before cancellation according to the Code of administrative legal proceedings of Ukraine, deprivation by determination of court of the right to the order and use of property concerning which there is set of the bases or reasonable suspicions to consider that it is the proof of making of violation of the profile legislation;

2) determination of credit rating (rating) - the activities connected with the capital markets and the organized goods markets performed by rating agency and directed to determination of creditworthness of subject to rating in general and/or concerning its separate debt obligation;

3) the expert-person, having special knowledge and skills can also provide consultations and the conclusions during conducting investigations in the capital markets and the organized goods markets and/or hearings of cases about violation of the profile legislation;

4) responses to messages on the actual or potential violations of the profile legislation (further - response measures) - the actions made for the purpose of assessment of information obtained in the message on the actual or potential violations of the profile legislation, prevention or elimination of such violations, in particular internal checks (office investigations, functional audit checks), investigations in the capital markets and the organized goods markets, messages on criminal offenses, initiation of procedures of compensation of damage suffered according to the legislation;

5) reporting data information on members of the capital markets and professional participants of the organized goods markets and their activities that in pursuance of requirements of the legislation moves such persons in the National commission on securities and the stock market according to the procedure, terms and in form, established by it;

6) the head-person, performing powers of sole executive body, or the chairman and members of collegiate executive body, the chairman and members of council (supervisory board), the chairman and board members, the chief accountant of the legal entity;

7) corporate management system of the relations between participants, governing bodies of the legal entity and other interested persons which provides existence and functioning of organizational structure and mechanisms via which the purposes of the legal entity, methods of their achievement are determined and also is performed accomplishment and monitoring of accomplishment of such purposes. Corporate management of the legal entity determines method of distribution of powers and responsibility between governing bodies of such person, and also procedure and methods of adoption of decisions by them;

8) credit rating - conditional expression of creditworthness of subject to rating in general and/or concerning its separate debt obligation according to national scale of credit ratings;

9) criminal offense in the field of the capital markets and the organized goods markets - the criminal offense in the field of economic activity provided by Articles 199 (regarding production, storage, acquisition, transportation, transfer, import to Ukraine with sales objective, and also it is sold illegally made, received or counterfeit government securities), the 222nd 1, 223rd 1, 224, 232 (regarding intentional disclosure of professional secrecy in the capital markets and the organized goods markets), the 232nd 1, 232 2 Criminal codes of Ukraine;

10) the National rating scale (dalee-Natsionalnaya scale) - the scale which is divided into certain groups of levels and levels each of which characterizes the borrower's capability timely and in full to pay interests and the main amount on the debt obligations, and also its solvency. The national scale is used for assessment of credit risk of the borrower local government body, the subject of managing and separate debt tools bonds, mortgage securities, loans;

11) the profile legislation legislation on the capital markets and the organized goods markets, including on system of accumulative provision of pensions, the legislation on joint-stock companies, the legislation on advertizing of financial instruments, the capital markets and the organized goods markets, and also the consumer protection law of financial and accompanying services, state regulation and supervision of which provision is exercised by the National commission on securities and the stock market;

12) rating assessment of the issuer indicator, the characterizing level of capability of the issuer of securities timely and in full to pay interests and the main amount on debt obligations concerning debt obligations of other borrowers;

13) rating securities valuation of the issuer - the indicator characterizing the level of capability of the borrower (issuer) timely and in full to service obligations on securities;

14) the witness - the physical person to whom are known or the circumstances connected with investigation subject in the capital markets and the organized goods markets or consideration of the case about violation of the profile legislation and concerning which the decree on holding poll is issued can be known;

15) the authorized person of the National commission on securities and the stock market (further - the authorized person of the commission) - the employee of the National commission on securities and the stock market authorized on conducting inspection in the capital markets and the organized goods markets (the representative on conducting inspection), authorized on conducting investigation in the capital markets and the organized goods markets (the representative on conducting investigation), authorized on maintenance or the representative on hearing of cases about violation of the profile legislation (the representative on hearing of cases).

2. Other terms are used in this Law in the following values:

1) the terms "multilateral system", "agreement on replacement of the party of the derivative contract", "issuer", "investors in financial instruments", "transaction on financial instruments", "professional secrecy in the capital markets and the organized goods markets", "professional participants of the organized goods markets", "capital markets", "members of the capital markets", "systemic risk for functioning of the capital markets", "participants of the commodity spot markets", "financial instruments" - in the values given in the Law of Ukraine "About the capital markets and the organized goods markets";

2) the terms "faultless goodwill", "identification data", "family members" - in the values given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction";

3) the terms "close person", "potential conflict of interest", "real conflict of interest" - in the values given in the Law of Ukraine "About prevention of corruption";

4) the term "legal assistance" - in the value given in the Law of Ukraine "About free legal assistance";

5) the terms "subjects of system of accumulative provision of pensions", "investors", "participants" - in the values given in the Law of Ukraine "About obligatory national pension insurance";

6) the term "administrative service" - in the value given in the Law of Ukraine "About administrative services";

7) terms "measures of early intervention", "prudential requirements", "prudential standard rates" - in the values given in the Law of Ukraine "About financial services and finance companies";

8) the term "non-state pension fund" - in the value given in the Law of Ukraine "About non-state pension provision";

9) the term "the armed aggression" - in the value given in the Law of Ukraine "About defense of Ukraine".

Article 2. Tasks and forms of implementation by the National commission on securities and the stock market of state regulation and supervision of activities in the capital markets and the organized goods markets

1. State regulation and supervision of activities in the capital markets and the organized goods markets (further - state regulation and supervision) exercise the National commission on securities and the stock market (NKTsBFR) (further - the commission) and other state bodies within the powers determined by the law.

2. The task of the Commission on state regulation and supervision consists in providing:

1) market developments of the capital and organized goods markets, their justice, transparency and efficiency;

2) protection of the rights and interests of investors;

3) reduction of systemic risks for functioning of the capital markets.

3. The commission exercises state regulation and supervision on the basis, within the powers and method which are directly provided by the law, and also in time - if it is provided by the law, way:

1) adoption of normative legal acts of the Commission;

2) licensing and application of other methods of authorization in the markets and the organized goods markets;

3) maintaining registers;

4) implementation of registration actions concerning legal entities and physical persons and their documents in the cases established by the law;

5) registration of issues of securities, reports on results of issue of securities and approval of prospectuses of securities;

6) provision of administrative services in the field of the capital markets and the organized goods markets;

7) law enforcement implementation;

8) delegation of the self-regulating organization of professional participants of the capital markets (further - SRO) according to the procedure, established by the law, powers (the functions and/or the rights determined by the law) of the Commission or their parts;

9) coordination and ensuring assistance with methodological recommendations to increase in level of financial literacy of investors in financial instruments;

10) consumer protection of financial services, state regulation and supervision of which provision is exercised by the Commission;

11) implementation of other measures according to the law.

4. The requirements established by the Commission to professional participants of the capital markets which are banks shall be approved with the relevant requirements to banks established by the National Bank of Ukraine.

Article 3. Principles of activities and guarantee of powers of the Commission

1. The principles on which activities of the Commission are based and by which it shall be guided when implementing the powers are:

1) establishment of powers only law;

2) openness and transparency, publicity of process of state regulation and supervision, except the cases established by this Law;

3) submission to control, accountability and operational independence when implementing the powers;

4) sufficiency of resources and institutional possibility for accomplishment of tasks and implementation of the powers;

5) need of development and adoption of regulatory legal acts or application of other measures of state regulation is proved;

6) adequacy - compliance of forms and methods of implementation of powers to the needs for the solution of the existing problems and to market requirements taking into account all acceptable alternatives;

7) efficiency providing when implementing powers of achievement of the greatest possible positive results at the expense of minimum necessary costs of resources of members of the capital markets and the organized goods markets, citizens and the state;

8) balance - ensuring balance of interests of members of the capital markets and the organized goods markets, citizens and the state when implementing powers;

9) predictability, the sequence, transparency and accounting of opinion of members of the capital markets and the organized goods markets in the course of adoption of regulatory legal acts by the Commission;

10) compliance of employees of the Commission to requirements for professional suitability and other requirements, the established this Law;

11) identification, monitoring, taking measures to reduction of systemic risks for functioning of the capital markets;

12) identification and settlement of the not settled legal relationship relating to the sphere of competence of the Commission;

13) prevention and settlement of conflicting interests at employees of the Commission, and also ensuring appointment to such workers of remuneration in such a way that makes impossible creation of threat of independence and objectivity in their activities;

14) complexity of implementation of law enforcement;

15) non-admission of abuses of authority when implementing law enforcement;

16) procedural justice when implementing the powers provided by the law, - observance fair, impartial, proportional, expected and determined by the law of procedures;

17) proportionality of law enforcement providing of the most admissible non-interference to the regular course of the organization of internal processes of person concerning which law enforcement, and respect for reasonable balance between private and public interests is performed, considering risk - the oriented approach, circumstances and conditions of specific situation, in particular the sizes of such person, its financial condition and owners of essential participation in it, types of the activities performed by it and the risks inherent in these activities;

18) priority of law enforcement - determination of the sequence of decision making and acceptance of other adequate measures, based on results of risks assessment in activities of person concerning whom law enforcement is performed;

19) rationality of terms of implementation of law enforcement - decision making and acceptance of other adequate measures in terms which objectively necessary for law enforcement implementation also do not exceed the terms determined by the legislation;

20) other principles established by the law.

2. If provision of the law or other regulatory legal act or the different laws or regulatory legal acts assume ambiguous (multiple) interpretation of the rights and obligations of members of the capital markets and the organized goods markets and/or the commissions owing to what it is possible to make the decision or to take out (to issue) the act of individual action for benefit of the member of the capital markets and the organized goods markets or the commission, the decision is adopted or the act of individual action is taken out issued) for benefit of the member of the capital markets and the organized goods markets.

3. Intervention of public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their official and officials, any other legal entities or physical persons in execution by the commission of the powers established by the law is not allowed, except the cases provided by the Constitution of Ukraine and this Law.

Influence in any form on the employee of the Commission for the purpose of hindrance to accomplishment of service duties by it attracts legal accountability";

"Article 5. Complex information system of the Commission

1. For the purpose of ensuring state regulation and supervision the commission creates complex information and communication system (further - TURNED SOUR) as the integrated system which constituting (subsystems) implementation by the commission of supervision of activities of members of the capital markets and professional participants of the organized goods markets, reaction taking measures, provision by the commission provide to physical persons and legal entities of the services (including electronic) connected with implementation of state regulation and supervision, in particular, and also implementation of disclosure of information by members of the capital markets and professional participants of the organized goods markets.

2. The procedure for functioning of PUSSYCATS is established by the Commission as collegiate organ. Access for members of the capital markets and professional participants of the organized goods markets to PUSSYCATS is performed on a grant basis.

3. The commission can conclude with the legal entity whose 100 percent of shares (shares) belong to the state and who treats the sphere of management of the commission, the agreement on technical, technological support of functioning of Braids which conditions shall contain, in particular, obligation of such person (the technical administrator) on ensuring safety and the data protection containing in BRAIDS.

4. The commission provides planned development of PUSSYCATS from the funds allocated for financing of the Commission";

2) in Article 6:

a) in part two of the word of "central office" shall be replaced with words "office of the Commission";

b) speak rapidly third - to exclude the fifth and eighth;

c) the ninth to state part in the following edition:

"The commission as collegiate organ is formed as a part of the Chairman and seven members of the commission";

d) the thirteenth and fourteenth to state parts in the following edition:

Commission session as collegiate organ is considered authorized if at it there are at least five people from its general quantitative structure.

The decision according to the agenda of commission session as collegiate organ is deemed accepted if at least five people from its general quantitative structure voted for it. The chairman and members of the commission have everyone on one voice;

ґ) the fifteenth - the twenty first to exclude parts;

e) in part twenty second:

in Item 1 of the word "system of the Commission" to replace with the word "Commission";

5, of 6, of 10, of 11, 13-15 to exclude Items;

state Item 16 in the following edition:

"16) approves regulations on structural divisions of office of the Commission if other is not established by this Law";

e) twenty third - the twenty sixth to state parts in the following edition:

Member of the commission:

1) takes part in commission sessions as collegiate organ and vote on the questions considered at such meetings;

2) according to the obligations determined in Item 3 parts of the twenty second this Article:

provides interaction of the Commission with the Verkhovna Rada of Ukraine, the body performing ensuring activities of the President of Ukraine, the Cabinet of Ministers of Ukraine, the ministries and departments, other bodies and organizations;

performs management of committee (committees) of the commission;

makes offers on consideration of questions on commission sessions;

signs documents and performs other powers in the competence;

3) at the request of the Commission chairman:

represents the Commission in the international organizations;

participates in the international negotiations;

signs international agreements on the questions which are within the competence of the Commission.

In case of absence of the commission chairman or impossibility of implementation of the powers by it its duties are fulfilled by one of members of the commission under the separate order of the commission chairman, and in the absence of such order - according to the order of the commission as collegiate organ.

Under the commission according to this law will be formed and are effective consulting advisory council under the National commission on securities and the stock market (dalee-KES), budget council of the National commission on securities and the stock market (further - budget council), other bodies and organizations which powers are determined by the law, and procedure for their activities law and acts of the commission.

The commission takes a legal action with claims (statements) in connection with violation of the profile legislation";

e) the twenty seventh - the thirty second to exclude parts;

g) in the text of Article, except parts six, the twenty fifth to replace the words "National Commission on Securities and Stock Market" in all cases with the word "Commission" in the corresponding case;

To add 3) with Article 6-1 of the following content:

"Article 6-1. Procedure for forming of structure of the Commission

1. Person having citizenship of Ukraine, faultless goodwill, the higher education in the field of finance, economies or the rights, work experience at least five years on executive positions in the state bodies providing forming and/or realizing the state financial, economic or legal policy or on executive positions in the commission, the National Bank of Ukraine, international financial institutions or length of service at least five years the official in professional participants of the capital markets and the organized goods markets (professional participants of the stock market) or experience of scientific work on financial, economic or legal subject can be at least five years the chairman or the member of the commission, and also knows state language according to the level determined by the National commission on standards of state language.

2. Person who cannot be the chairman or the member of the commission:

The representative mandate has 1);

2) is member of political party or is in employment or other contractual relations with political party;

3) does not meet the requirements, stipulated in Item 3 parts one and part four of article 12 of this Law;

4) it is by a court decision acknowledged incapacitated or capacity to act of which is limited;

5) has the chronic mental or other diseases interfering accomplishment of functions of the authorized person of the Commission;

6) has no faultless goodwill;

7) is close face of the Chairman or member of the commission;

8) did not submit the declaration of person authorized on accomplishment of functions of the state or local self-government according to the Law of Ukraine "About prevention of corruption";

9) did not undergo special testing according to the Law of Ukraine "About prevention of corruption";

10) is person to whom the prohibitions determined by part three or the fourth article 1 of the Law "About Clarification of the Power" are applied;

11) is person in relation to whom special economic and other rationing measures (sanctions) according to the Law of Ukraine "About sanctions" are applied;

Nationality (citizenship) of other state has 12);

13) has debt on payment of the alimony for content of the child which cumulative amount exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution;

14) does not meet the requirements provided by part one of this Article.

Person shall meet the requirements determined by this part during all term of continuance in office of the Chairman or the member of the commission.

3. Position assignment of the chairman or member of the commission is performed by results of open competitive selection on holding the post of the chairman or the member (members) of the commission (further in this Article - competitive selection). The organization and carrying out competitive selection are performed by tender committee which is created according to this Article and is effective according to this Law (further in this Article - tender committee).

The citizens of Ukraine having full civil legal capacity, the higher education, faultless goodwill, high professional and moral qualities can be members of the Tender committee.

The members of the Tender committee in number of less than five people affirm the President of Ukraine.

The member of tender committee has no right to participate in competitive selection. Person who was member of tender committee has no right to participate in competitive selection within 12 months from the date of the termination of powers of the member of tender committee by it.

Members of the Tender committee carry out the powers on a voluntary basis.

The tender committee elects the chairman and approves regulations of the work.

Information on the agenda, date, time and the venue of meeting of the Tender committee will be promulgated on the official website of the President of Ukraine not later than two working days about day of meeting.

Meetings of the Tender committee are held in the form of open hearings. Decisions of the Tender committee are made by a simple majority vote her members. In case of equal distribution of voices the voice of the chairman of the Tender committee is decisive.

Protocols of meetings of the Tender committee are posted on the official site of the President of Ukraine within three working days after holding meeting.

Written or oral instructions, orders, orders of public authority, other state body, authority of the Autonomous Republic of Crimea, local government body, their official and officials, subjects of managing, political parties, public associations, labor unions or their bodies, and also other persons who limit or determine procedure and/or method of realization of powers of members of tender committee, is illegal influence. Illegal influence on activities of members of tender committee is forbidden.

Work and organizational technical supply of activities of the Tender committee and his members are provided by the body performing providing with the President of Ukraine.

Financing of activities of the Tender committee and his members can be performed from means of the involved international technical assistance.

4. The tender committee announces documents acceptance on open competitive selection in case:

the expirations of the term of office of the Chairman determined by this Law or the member (members) of the Commission - at least in three months prior to date of the expiration of such term;

early termination of powers of the Chairman or the member (members) of the Commission according to this Law - within five working days from the date of such termination.

Documents acceptance for participation in competitive selection is performed within 45 calendar days from the date of the announcement.

The procedure and conditions of carrying out competitive selection affirm the Tender committee and are posted on the official website of the President of Ukraine, and also published in nation-wide printed media.

The procedure and conditions of carrying out competitive selection shall contain, in particular:

1) the term of provision of documents for participation in competitive selection;

2) evaluation criteria, procedure for determination of rating assessment and carrying out vote for the purpose of forming of idea of position assignment of the Chairman or the member (members) of the Commission;

3) procedure for ensuring transparency of carrying out competitive selection;

4) procedure for storage of materials of competitive selection during the term of office of the Chairman or the member (members) of the Commission appointed (appointed) by results of such competitive selection;

5) procedure for appeal of results of competitive selection.

5. Person applying for participation in competitive selection submits the following documents:

1) the statement for participation in competitive selection with indication of the main motives as the Chairman or the member of the commission to which the summary of any form is attached;

2) consent to conducting the special check provided by the Law of Ukraine "About prevention of corruption", consent to check passing, consent to promulgation of information about her according to the Law of Ukraine "About clarification of the power" and consent to processing of personal data according to the Law of Ukraine "About personal data protection";

3) autobiography;

4) personal leaf on registration of personnel;

5) passport copy of the citizen of Ukraine;

6) copies of education documents, about assignment of academic statuses, award of academic degree;

7) the copy of the military ID or the identity certificate of the serviceman (for military personnel or persons liable for call-up);

8) the certificate of the admission to the state secret (in the presence);

9) the declaration of person authorized on accomplishment of functions of the state or local self-government according to the Law of Ukraine "About prevention of corruption";

10) the statement for absence of debt on payment of the alimony for content of the child which cumulative amount exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution.

The data containing in the documents determined by this part are subject to promulgation within three working days after the termination of submission due date of documents on the official website of the President of Ukraine, except data which according to the law belong to information with limited access, and data on contact phone number, the e-mail address of the candidate.

6. The tender committee within 30 calendar days from the date of completion of submission due date of documents for participation in competitive selection carries out the necessary procedures provided by procedure and conditions of carrying out competitive selection for the purpose of forming of idea of position assignment of the chairman or the member (members) of the commission.

During the term provided by paragraph one of this part the special check provided by the Law of Ukraine "About prevention of corruption" and the check provided by the Law of Ukraine "About clarification of the power" are also carried out.

7. By results of holding the procedures and checks specified in part six of this Article, the tender committee brings to the President of Ukraine representation with recommendations concerning appointment as the chairman or the member (members) of the commission of person (persons) who received (received) the highest rating assessment by results of estimation with indication of rating assessment of all persons who filed the documents provided by part five of this Article for participation in competitive selection. Such representation no later than the next working day from the date of its introduction will be promulgated on the official website of the President of Ukraine.

8. The term of office of the Chairman or member of the commission constitutes six years. The same person cannot be the Chairman and/or the member of the commission more than two terms in a row.

After term of office the chairman or the member of the commission continues to carry out the obligations before dismissal from position according to Item of 1 part nine of this Article and/or position assignment new according to the chairman or the member of the commission according to the procedure, established by this Law.

9. The chairman or the member of the commission is dismissed according to article 6 of this Law only in case:

1) the expiration of powers, provided by this Law;

2) filing of application about dismissal at own will;

3) approach of circumstances under which person cannot be the chairman or the member of the commission according to part two of this Article;

4) death;

5) the introduction in legal force of the judgment about recognition of person is unknown absent or announcements by his dead;

6) the introduction in legal force of the court verdict by which person is sentenced to imprisonment or other punishment which excludes possibility of continuation of execution by such person of powers of the Chairman or member of the commission;

7) factual determination of representation by person in the documents determined by part five of this Article, false information or non-presentation of all data for participation in competitive selection, not passing of such competitive selection and/or not passing of the procedures provided by part six of this Article;

8) the termination of powers of the Chairman and all members of the commission if authorized commission session cannot take place more than 30 calendar days;

Article 7-11 to state 4) in the following edition:

"Article 7. Powers of the Commission

1. The commission according to the tasks assigned to it in cases and in the limits established by the law performs the following powers:

1) in the terms established by the laws provides development and approval of the regulatory legal acts provided by such laws;

2) generalizes practice of application of the profile legislation, develops offers on its enhancement;

3) submits for consideration of the President of Ukraine, the Cabinet of Ministers of Ukraine, Committee of the Verkhovna Rada of Ukraine to whose area of jurisdiction the question of the capital markets belongs, in accordance with the established procedure suggestions for improvement of acts of the profile legislation, and also participates in preparation of drafts of acts which development is performed by other public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies;

Initiates 4), participates in development and preparation of drafts of international treaties of Ukraine on the capital markets and the organized goods markets, corporate management and consumer protection of financial and accompanying services;

5) is explained by procedure for implementation of the profile legislation;

6) is explained by the list of actions which can be made only on condition of receipt of the corresponding license for implementation of type of activity in the capital markets and the organized goods markets or certificates on entering into the corresponding register;

7) is determined by belonging of the actions made in the capital markets and the organized goods markets to actions which can be made only on condition of receipt of the corresponding license for implementation of type of activity in the capital markets and the organized goods markets or certificates on entering into the corresponding register, and also prohibits making of such actions without receipt of the corresponding license or the certificate;

8) determines the availability fact in rules of functioning of multilateral system of the provisions providing obligation of centralized making and centralized accomplishment of transactions;

9) makes the decision on accessory/not accessory of objects of the civil laws, derivative contracts and/or agreements to financial instruments, and also on accessory / not belonging of objects of the civil laws and/or agreements to derivative contracts which are not financial instruments;

10) makes the decision on accessory/not accessory of financial instruments and/or objects of the civil laws to securities;

Performs 11) methodological providing and international standards of corporate management and generalizes practice of application of the legislation concerning corporate management;

Develops 12) and approves the Code of corporate governance;

13) establishes requirements, develops and approves standards of corporate management in professional participants of the capital markets and the organized goods markets (except banks), persons performing the activities connected with the capital markets and the organized goods markets and also exercises control and supervision of their observance;

Establishes 14) taking into account the requirements provided by part ten of article 76 of the Law of Ukraine "About the capital markets and the organized goods markets", additional requirements on corporate management in systemically important professional participants of the capital markets which are banks, in coordination with the National Bank of Ukraine;

15) develops methodical recommendations about the organization of corporate management system of professional participants of the capital markets and the organized goods markets;

16) establishes requirements, develops and approves standards of corporate management in non-state pension funds taking into account requirements of the Law of Ukraine "About non-state pension provision", and also exercises control and supervision of their observance;

17) is established by procedure for issue, stop, renewal of action and cancellation of licenses, the stipulated in Article 4 presents of the Law, and also adopts acts on issue, stop, renewal of action and cancellation of such licenses;

18) is established by procedure for issue, stop, renewal of action and cancellation of the certificate on inclusion in the register of persons, representatives to provide information services in the capital markets and the organized goods markets provided by the Law of Ukraine "About the capital markets and the organized goods markets" and also adopts acts of issue, stop, renewal of action and cancellation of such certificate;

19) is established by procedure for issue, stop, renewal of action and cancellation of the certificate on inclusion in the register of persons, representatives to perform activities of trade repository in the capital markets and the organized goods markets provided by the Law of Ukraine "About the capital markets and the organized goods markets" and also adopts acts concerning issue, stops, renewals of action and cancellation of such certificate;

20) is established by procedure for creation, maintaining, administration and creates, conducts and administers:

a) State register of issues of securities;

b) The register of securities of the foreign issuers allowed to the address of the territory of Ukraine;

c) Unified state register of institutes of joint investment;

d) Register of non-state pension funds;

ґ) the Register of persons, representatives to provide information services in the capital markets and the organized goods markets;

e) The register of persons, representatives to carry out activities of trade repository in the capital markets and the organized goods markets;

e) Register of the connected agents;

e) Register of professional participants of the capital markets and organized goods markets;

g) The register of the organized markets functioning in the territory of Ukraine (including the Register of the markets of the small and medium companies), and their operators;

h) Register of the self-regulating organizations of professional participants of the capital markets;

i) State register of authorized rating agencies;

21) is determined in coordination with Fund of state-owned property of Ukraine by the list of cases of obligatory reviewing by reviewers of Fund of state-owned property of Ukraine of valuation reports of property and the property rights constituted by subjects of estimative activities for results of carrying out independent assessment of property by them in the cases provided by the profile legislation;

22) is established by procedure for certification of heads:

a) professional participants of the capital markets and the organized goods markets (except banks). Provided by this subitem of power it is performed by the commission on the corresponding type of professional activity in the capital markets if on such type of activity of SRO did not begin implementation of such power according to part two of article 144 1 of the Law of Ukraine "About the capital markets and the organized goods markets";

b) persons performing the activities connected with the capital markets and the organized goods markets;

23) establishes requirements to goodwill of heads of professional participants of the capital markets and the organized goods markets (except banks), heads of persons performing the activities connected with the capital markets and the organized goods markets and officials of internal control systems of the legal entities (except banks) specified in this Item and also controls observance of such requirements in the procedure established by it;

24) coordinates work and performs measures for increase in level of financial literacy of investors in financial instruments;

25) will organize work and performs measures for consumer protection of financial and accompanying services, state regulation and supervision of which provision it exercises;

26) sets restrictions for transactions on financial instruments for unskilled investors (concerning transactions which making by unskilled investors can cause damage to such investors);

27) is established by procedure for functioning of PUSSYCATS;

28) is established by procedure for protection and processing of the personal data processed by the Commission in connection with accomplishment of the tasks assigned to it;

Records 29), establishes requirements and exercises control of observance of requirements to the software of the automated, information and information and communication systems intended for implementation:

a) professional activity in the capital markets;

b) professional activity in the organized goods markets;

c) the activities connected with activities in the capital markets and the organized goods markets;

30) is determined by the list of reporting these members of the capital markets and professional participants of the organized goods markets, non-bank financial groups in which preferential activities are performed by financial institutions, supervision of which it exercises, and also procedure for creation of such reporting data, terms and form of their submission to the commission;

31) is established by procedure for promulgation in the database of person performing activities for promulgation of regulated information on behalf of members of the capital markets and/or professional participants of the organized goods markets, decisions of bodies of the issuers who are subject to promulgation according to the law;

32) exercises control of placement of regulated information in the database of person performing activities for promulgation of regulated information on behalf of members of the capital markets and/or professional participants of the organized goods markets;

33) is performed by the analysis and control of data of the financial reporting which moves and/or will be promulgated according to requirements of the legislation members of the capital markets (except investors in financial instruments which are not institutional investors or do not belong to other categories of members of the capital markets), professional participants of the organized goods markets and non-bank financial groups in which preferential activities are performed by financial institutions, supervision of which it exercises, the analysis of compliance of such reporting to international accounting standards or national provisions (standards) of financial accounting;

34) establishes requirements to procedure, terms and contents of information submitted by the parties of derivative contracts and sale and purchase agreements of right to claim or other agreements which effects is replacement of the party of the derivative contract in trade repository, and rather derivative contracts of the money market - in addition in coordination with the National Bank of Ukraine;

35) is established by procedure for assignment of unique identifiers of products (Unique Product Identifier) and unique transaction IDs (Unique Transaction Identifier);

Establishes 36) for members of the capital markets (except investors in financial instruments which are not institutional investors or do not belong to other categories of members of the capital markets, and subjects of the reporting who are participants of the market of non-bank financial services, state regulation and supervision of which activities is exercised by the National Bank of Ukraine) and professional participants of the organized goods markets of the requirement to disclosure according to the profile legislation of separate indicators in the file of single electronic format of accounts presentation according to international standards on the basis of taxonomy, and for the participants of the markets of the capital subjects of the reporting who are participants of the market of non-bank financial services, state regulation and supervision of which activities is exercised by the National Bank of Ukraine, establishes the following requirements in coordination with the National Bank of Ukraine;

Will promulgate 37) on the official website, in particular:

a) data on structure of property of professional participants of the capital markets and organized goods markets;

b) information on the fact of failure to carry out by the issuer of the obligations specified in the prospectus of securities;

c) information on the failure to meet requirements facts on provision of notifications, stipulated in Article 92 Laws "About Joint-stock Companies";

d) the list of financial instruments concerning which the application about admission to trading in the organized markets of the capital, the financial instruments admitted to trading in the organized markets of the capital, and also financial instruments concerning which applications and/or quotations in the organized markets of the capital are for the first time submitted is submitted;

ґ) data on non-bank financial groups in which preferential activities are performed by financial institutions, supervision of which is exercised by the Commission;

e) calendar of trading days of the organized markets in the territory of Ukraine;

38) is established by procedure of professional activity in the capital markets and the organized goods markets, as well as the activities connected with activities the capital markets and the organized goods markets;

Establishes 39) the requirement to internal documents of professional participants of the capital markets and the organized goods markets on prevention and settlement of conflicting interests arising when implementing professional activity in the capital markets and the organized goods markets and also actions of their realization;

40) establishes requirements to internal documents of professional participants of the capital markets and the organized goods markets (except banks) concerning remuneration approved by professional participants of the capital markets and the organized goods markets;

41) establishes the prudential standard rates, other indicators and requirements limiting risks on the transactions connected with direct implementation of professional activity by each type of professional activity in the capital markets and the organized goods markets (except banks), and also subjects of system of accumulative provision of pensions;

Establishes 42) according to the law of feature of procedure for reorganization and liquidation of professional participants of the capital markets and the organized goods markets (except banks);

43) determines requirements to heads of professional participants of the capital markets (except banks), professional participants of the organized goods markets and persons performing the activities connected with the capital markets and the organized goods markets;

44) according to the Law of Ukraine "About institutes of joint investment" determines requirements to members of the supervisory boards of corporate investment funds;

45) according to the Law of Ukraine "About non-state pension provision" determines requirements to members of council of non-state pension funds;

46) determines in coordination with the National Bank of Ukraine additional qualification requirements to members of the supervisory boards systemically of important professional participants of the capital markets which are banks, concerning their professional suitability;

47) determines requirements to heads of structural divisions of professional participants of the capital markets and the organized goods markets (for banks - to heads of the structural divisions responsible for implementation of professional activity in the markets of the capitals, except professional activity in the money market);

Approves 48) in the procedure for persons designated in professional participants of the capital markets and the organized goods markets established by it (except banks) to positions of the heads and persons responsible for implementation of functions of komplayens, risk management, internal audit, financial monitoring;

49) determines features of regulation and supervision of systemically important professional participants of the capital markets and the organized goods markets (for banks - in coordination with the National Bank of Ukraine);

Reveals 50), performs monitoring, takes measures for proper management of systemic risks for functioning of the capital markets and mitigation of the consequences of realization of such risks;

51) establishes requirements to rules of functioning of the organized market and registers the following rules (change in them);

52) is established by procedure for the admission of securities to the biddings in the organized stock market, and also procedure for the conclusion and accomplishment of transactions on the securities admitted to such trading;

53) establishes criteria of essential variation of the price from current price of the corresponding asset admitted to trading in the organized market depending on type, liquidity and/or market value of such asset;

54) is performed by law enforcement in the capital markets and the organized goods markets, namely: exercises supervision, carries out inspections in the capital markets and the organized goods markets (further - inspections), investigation in the capital markets and the organized goods markets (further - investigation), performs hearing of cases about violation of the profile legislation, and also performs law enforcement measures;

55) establishes qualification requirements to experts and procedure for their attraction;

Sends 56) to members of the capital markets, professional participants of the organized goods markets, subjects of system of accumulative provision of pensions (except investors and participants):

a) requests about taking measures, including about cancellation of certain decisions, the termination of making of the certain actions or the termination of failure to act directed for the purpose of elimination of violations of the profile legislation and reduction of their negative effects;

b) are obligatory to execution of the instruction about elimination of violations of the profile legislation.

The requests and orders provided by this Item can go to National Bank only:

implementation by the National Bank of Ukraine of the activities connected with ensuring functioning of corporate non-state pension fund of National Bank;

depository activity of the National Bank of Ukraine and depository activity of the depository institution performed by the National Bank of Ukraine - about carrying out depository operations on accounts in securities of the third parties which are clients/depositors of the National Bank of Ukraine if such transactions are not connected with implementation of monetary policy by the National Bank of Ukraine, currency control and servicing of public debt;

57) sends inquiries, obligatory to execution, for provision of information (including provision of explanations in written or oral form) and the documents connected with fulfillment of requirements of the profile legislation:

a) to public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies;

b) to members of the capital markets and professional participants of the organized goods markets;

c) to persons obliged to submit the notification, the stipulated in Article 92 Laws of Ukraine "About joint-stock companies";

d) to persons controlled by persons specified in subitems "b" and "v" of this Item or to persons under whose control there are persons specified in subitems "b" and "v" of this Item;

ґ) to persons performing managerial functions in the persons specified in subitems "b", "v" and "g" of this Item;

e) to subjects of auditor activities for provision of access to working documents concerning audit of members of the capital markets (except investors in financial instruments which are not institutional investors or do not belong to other categories of members of the capital markets) and professional participants of the organized goods markets;

e) to the issuers, offerers of securities, persons submitting the application about admission to trading in the organized stock market and/or persons performing managerial functions in them;

e) to any physical persons or legal entities performing (which expressed intention to perform) transactions in the capital markets and the organized goods markets and/or to which the circumstances connected with carrying out (carrying out intention) such transactions or with implementation of activities in the capital markets and the organized goods markets can be known;

g) to founders of non-state pension funds, and also the council and persons which are part of council of non-state pension fund;

h) to persons participating (direct and/or mediated) in the professional participant of the capital markets and the organized goods markets;

i) to subjects of estimative activities which carry out (carried out) independent assessment in the cases established by the profile legislation;

58) demands from the issuer (other persons which drew up the prospectus), and also persons who are controlled by the issuer (other persons which drew up the prospectus) or controlling issuer (other persons which drew up the prospectus), disclosure according to the procedure and the terms determined by her, any information, in particular that which can have influence on securities valuation, admitted to trading in the organized stock market;

59) independently opens information which disclosure is required according to Item 58 of this part, on own initiative, if the issuer did not fulfill the relevant requirement of the Commission;

60) during conducting investigations for assistance to the regulator of the capital markets of foreign state within international cooperation sends inquiries for provision of information (including provisions of explanations in written or oral form, documents) to public authorities, other state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, members of the capital markets and professional participants of the organized goods markets or any physical persons or legal entities to which are known or the circumstances specified in the corresponding request received by the commission from the regulator of the capital markets of foreign state can be known;

61) in the procedure determined by it determines the fact of availability of considerable influence on management or activities of the professional participant of the capital markets and the organized goods markets (except banks);

62) establishes requirements to advertizing of financial instruments, the capital markets and the organized goods markets and exercises supervision of compliance with law about advertizing of financial instruments, the capital markets and the organized goods markets;

Stops 63) in the procedure determined by it for the period to 10 working days or prohibits distribution of advertizing of financial instruments, the capital markets and the organized goods markets, and also establishes procedure for renewal of distribution of such advertizing;

64) in the procedure determined by it is stopped by carrying out straight lines by members of the capital markets or the mediated actions for sales increase of financial instruments (by product management and/or provision of services of professional participants of the capital markets), and also distribution of information on financial instruments (by product management and/or provision of services of professional participants of the capital markets) which is not relating to advertizing of financial instruments and the capital markets;

65) is broken before controllers/owners of essential participation in professional participants of the capital markets and the organized goods markets (except banks) by question of dismissal / discharge from positions of persons performing managerial functions in such participants in case of non-compliance by persons performing managerial functions, the requirements of the legislation established to such persons;

66) in case of violation by the operator of the organized market of the legislation on the capital markets and the organized goods markets and/or rules of functioning of such markets stops trade in such markets before elimination of violations;

67) in case of availability of the good causes confirmed with the corresponding proofs to consider that there was violation of the profile legislation, had the right to stop up to 10 working days for the period:

a) making and/or execution of derivative contracts, transactions on securities;

b) implementation of public offer of securities or the admission of securities to the biddings in the organized market;

68) on the basis of the fixed fact of making of violation of the profile legislation has the right to prohibit for the period before elimination of such violation or to lift ban:

a) making and/or execution of derivative contracts, transactions on securities;

b) implementation of public offer of securities or the admission of securities to the biddings in the organized market;

c) modification of system of depositary accounting on securities of certain issuer or certain owner;

69) security circulation of the issuer in connection with inclusion stops it in the list of the issuers having fictitiousness signs and also recovers the circulation of such securities;

Prohibits 70) in case of not disclosure by the nominee holder of information in the cases established by the law or limits for a period of up to elimination of the specified violation carrying out all or separate depository operations on the account in securities of the nominee holder;

71) has the right to take a legal action with the action for declaration for the benefit of persons specified in parts one and the fourth article 41 of this Law;

72) at any stage of legal proceedings has the right to go into action as the third party who is not declaring independent requirements for matter in issue on side of the faces specified in parts one and the fourth article 41 of this Law;

Determines 73), except the cases provided by the law, requirements to issue (issue) and turnover of securities, to the prospectus of securities (the decision on issue of securities), in particular foreign issuers, performing issue of securities in the territory of Ukraine and also establishes approval procedure of the prospectus of securities, registration of issue of securities, the decision on issue of securities, the report on results of issue and procedure for cancellation of registration of issue of securities;

74) performs registration of releases securities, approves the prospectuses of securities and cancels registration of releases securities, except the cases provided by the law;

75) is established by procedure of public offer of securities and the requirement to the documents constituted in case of such implementation and also establishes the maximum total nominal value of securities concerning which the public offer which is not requiring execution of the prospectus of securities is performed;

76) determines requirements to the admission to the address in the territory of Ukraine of securities of foreign issuers and provides such admission;

77) in the course of consideration of the prospectus of securities submitted on approval has the right to demand from the issuer (other persons which drew up the prospectus) provision of changes, amendments and/or explanations to such prospectus;

78) determines requirements to holding meeting of bondholders, carrying out calculation of results of vote at such meeting, to execution of decisions of meeting, storage of documentation in connection with meeting;

79) determines requirements to persons who can be administrators on bond issue;

Determines 80) in coordination with the central executive body providing forming and realizes the state financial policy, procedure for establishment of signs of fictitiousness of the issuer of securities and procedure for determination of the issuer of securities it that corresponds to fictitiousness signs;

81) makes the decision on inclusion/switching off of the issuer in/from the list of the issuers having fictitiousness signs;

82) establishes requirements to the specification of derivative contracts which are signed in the organized market (concerning specifications of derivative contracts of the money market - in coordination with the National Bank of Ukraine), and registers them (changes to them);

83) in the procedure established by it determines cases of obligation of carrying out clearing by the central partner by the derivative contracts signed out of the controlled market (under derivative contracts of the money market - in coordination with the National Bank of Ukraine);

84) grants to authorized rating agencies certificates on inclusion in the State register of representatives of rating agencies and cancels such certificates;

85) is determined by the list of the international rating agencies having rights to determine rating estimates of issuers and securities, obligatory on the law;

86) establishes rules of determination by authorized rating agency of rating assessment on the National scale;

87) is established by procedure for submission of information by Rating agency to the Commission;

88) is established by compliance of levels of rating estimates on scale of the international rating agencies to levels on the National scale;

89) establishes limiting rates for services of the Rating agencies paid at the expense of means state and local budgets;

90) generalizes experience and practice of activities of Rating agencies and provides publicity of certain rating estimates;

91) is quarterly calculated by the weighted average indicator of change of net value of unit of pension assets and will promulgate such information in the procedure established by it;

92) will be promulgated in the procedure established by it by the list of non-state pension funds subjects of the second level of system of provision of pensions which grants the license for provision of services in accumulative system of obligatory national pension insurance;

93) brings up question of replacement of person exercising control of pension assets of such fund before Council of non-state pension fund if as a result of activities of such person change of net value of unit of pension assets of such fund decreased within the last year more than by 10 percent;

94) determines form and requirements to information on accumulative system of obligatory national pension insurance which is subject to promulgation, and establishes procedure for promulgation of such information;

95) will promulgate information on the insurers performing insurance of life pensions at the expense of means of accumulative system of obligatory national pension insurance including the indicators applied by such insurers to calculation of life pensions;

96) approves charters of non-state pension funds and change to them in the procedure established by it;

97) registers investment declarations of non-state pension funds and change in them in the procedure established by it;

98) approves candidacies of persons delegated to councils of non-state pension funds in the procedure established by it;

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