It is registered
Ministry of Justice of Ukraine
February 5, 2007
No. 97/13364
of December 19, 2006 No. 1591
About approval of the Regulations on disclosure of information by issuers of securities
According to Item 15 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", articles 15, of 39-41 Law of Ukraine "About securities and the stock market" State commission on securities and the stock market SOLVED:
1. Approve Regulations on disclosure of information by issuers of securities which are applied.
2. Recognize to invalid:
the decision of State commission on securities and the stock market of February 10, 2000 N5 "About Approval of the Regulations on Provision of Special Information by Joint-stock Companies and the Companies — Bond Issuing Institutions" registered in the Ministry of Justice of Ukraine on February 28, 2000 for N108/4329;
the decision of State commission on securities and the stock market of September 4, 2001 N248 "About Procedure for Provision of Quarterly Information by Joint-stock Companies and Holding Companies with Considerable State Share in the Authorized Capital" registered in the Ministry of Justice of Ukraine on October 11, 2001 for N875/6066.
3. Since October 1, 2007 void:
the decision of State commission on securities and the stock market of June 9, 1998 N72 "About Approval of the Regulations on Provision of Regular Information by Open Joint Stock Companies and the Companies — Bond Issuing Institutions" registered in the Ministry of Justice of Ukraine on July 8, 1998 for N431/2871;
the decision of State commission on securities and the stock market of June 3, 2003 N227 "About Approval of the Regulations on Provision of the Annual Statement by Private Companies in State Commission on Securities and the Stock Market" registered in the Ministry of Justice of Ukraine on June 25, 2003 for N515/7836;
the decision of State commission on securities and the stock market of June 3, 2003 N221 "About Procedure for Informing the Public by Joint-stock Companies and Bond Issuing Institutions" registered in the Ministry of Justice of Ukraine on June 27, 2003 for N530/7851.
4. To provide to the chief of staff of State commission on securities and the stock market M. Nepran:
provision of this decision on state registration to the Ministry of Justice of Ukraine;
publication of this decision according to the legislation.
5. Control of execution of this decision to assign to the Chief of staff of State commission on securities and the stock market M. Nepran.
6. This decision becomes effective since March 1, 2007, except Sections V and VI of this decision which become effective since October 1, 2007.
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Head of the Commission |
A. Balyuk |
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IT IS APPROVED: Head of the State committee Ukraine concerning regulatory politicians and entrepreneurships A. Dashkevich |
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Approved by the Decision of State commission on securities and the stock market of December 19, 2006 No. 1591
1. This Provision regulates structure, procedure and terms of disclosure in the stock market of regular, special information and information on mortgage securities certificates of fund of real estate transactions and information in the message on holding general meeting (further - Information) issuers of securities and provision of its State commission on securities and the stock market (further - the Commission).
2. Action of this Provision extends to issuers of securities. Action of this Provision does not extend to issuers of shares and/or bonds of the companies which are in listing of the organizer of trade, issuers of government securities, investment certificates, shares of corporate investment funds who signed agreements on asset management of such corporate investment funds with the companies on asset management.
Do not extend to bond issuing institutions of local loans of the requirement of Sections II, III and IV of this Provision.
Action of this Provision extends to foreign issuers - nonresidents whose securities are placed and/or allowed to the address in the territory of Ukraine, except issuers, the share and/or the bond which are in listing of the organizer of trade of Ukraine.
3. Issuers of securities in the cases provided by this Provision shall open in the stock market in such sequence Information in the way:
placements on a grant basis in the public information database of State commission on securities and the stock market about the security market (further - the public information database of the Commission) or in its information resource renewed in real time (further - news feed);
publications in one of official printing publications of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine or the Commission (daleeofitsialny printing editions);
representation to the Commission.
Issuers of securities until submission of Information in the Commission post it on own website (web page) (further - the page on the Internet) according to requirements of the legislation.
4. Information which is subject to disclosure according to this Provision shall reveal in Ukrainian.
5. In case of the notification of Information in news feed the issuer whose securities are in listing of the organizer of trade the issuer after the notification of such Information in news feed shall report to the organizer of trade about the disclosure of such Information according to the procedure approved with the organizer of trade.
6. Order of interaction of persons who shall open Information according to this Provision and person authorized on placement of Information in the public information database of the Commission, access to the public information database of the Commission are regulated by regulatory legal acts of the Commission.
7. The issuer shall provide Information for placement in news feed or in the public information database of the Commission to person authorized on placement of Information in the public information database of the Commission.
8. The issuer in case of the notification of Information on the page on the Internet provides open entry to such Information, and also reports upon the demand of interested persons of the address of pages in the Internet on which the notification of Information is performed.
9. Information which the issuer opens according to this Provision by placement in news feed, the public information database of the Commission, on the page on the Internet shall be available on a grant basis to all interested persons.
10. The issuer shall provide access to any interested person to Information which reveals according to this Provision, by preserving copies of the specified Information on the location of permanent executive body of the issuer.
11. In case of receipt of addresses the issuer shall notify shareholders or investors concerning Information which is opened by the issuer according to this Provision. The answer to the written request of the shareholder or the investor shall be provided by the issuer throughout fifteen working days from the moment of its obtaining.
12. If according to this Provision Information it shall be opened by the notification in news feed until disclosure of Information by the issuer by the notification in news feed, disclosure of such Information in other ways, including in the ways provided by this Provision is not allowed.
13. If the issuer out of time opens Information which disclosure is obligatory according to the legislation, including regulatory legal acts of the Commission, the issuer shall notify in writing the Commission with reasons for the reasons which led to untimely disclosure of Information, to put such explanations to regular information in the form of the cover letter constituted in any form and certified by the signature of the head and impress of a seal of the issuer.
The issuer notifies shareholders or investors by the notification of Information and the corresponding message in news feed for two days on untimely disclosure of Information, but no later than 10:00 hours the day before yesterday after day of identification by the issuer of the fact of untimely disclosure.
14. By provision of Information of the Commission the issuer shall provide (to send) such Information in paper and electronic forms.
14.1. Information is electronically constituted according to the description of Sections and the schemes XML of the files determined by the separate document of normative and technical nature and is provided on the electronic medium of information.
Issuers of securities can submit to the Commission Information in the form of electronic documents. Submission of electronic documents is performed according to the regulatory legal act of the Commission which regulates procedure for submission of administrative data, and information in the form of electronic documents.
Submission of Information by issuers of securities - professional participants of the stock market in central office of the Commission is performed only in the form of electronic documents.
14.2. Information in paper form is created as the printing copy of electronic form.
14.3. If the paper form of Information contains more than one leaf such Information shall be strung together, numbered and under seal the issuer and the signature of the head of the issuer. On the back the last page such text becomes: "It is strung together, numbered and fastened by impress of a seal of the issuer and the signature of the head of the issuer (quantity) of pages".
14.4. The signature of the head and impress of a seal of the issuer on the title page of paper form of Information also confirms identity of electronic and paper form of Information which moves in the Commission, and Information provided for disclosure in the public information database of the Commission.
14.5. In case of receipt of electronic form of Information on the damaged data carrier or the carrier which does not contain electronic form the Commission the letter (fax) or means of electronic communication (e-mail) reports about it to the issuer of securities.
Within 10 days from the date of departure of the message the issuer of securities provides (sends) to the Commission electronic form of Information on the available data carrier.
15. The financial reporting of issuers of securities (except banks), is filled and constituted in the forms and procedure established by the Ministry of Finance of Ukraine. Forms of the financial reporting of issuers of securities - banks and procedure for their filling are established by the National Bank of Ukraine.
The format of the financial reporting of issuers of securities is created according to the description of Sections and the schemes XML of the files determined by the separate document of normative and technical nature.
16. Information is considered opened timely if it is announced, published and provided (is sent) to the Commission in shape, procedure and the terms established by this Provision.
1. Obligation perform disclosure of the special information provided by this Provision extends to issuers of securities from the date following registration date the Commission of the first issue of securities.
2. The obligation stops perform disclosure of the special information provided by this Provision from the date of publication of information on cancellation of registration of issue of securities and cancellation of the registration certificate of issue of securities according to the procedure established by the Commission.
The obligation stops perform disclosure of the special information provided by this Provision in connection therewith Item on condition of lack of other bases for emergence of such obligation.
3. Issuers of securities open special information according to the list which is determined in Item 1 of Chapter 2 of this Section.
4. The obligation of the issuer of securities on disclosure of special information arises from the date of making of any action which can affect financial and economic condition of the issuer and lead to considerable change in value of its securities.
5. Issuers of securities shall open special information in full according to requirements of this Provision.
6. Issuers of securities shall open special information in the form of the message on emergence of special information on the issuer (daleesoobshcheniye). By each type of special information the separate Message is constituted.
7. In case of disclosure of special information by the issuer the additional information necessary for complete and comprehensive disclosure of information on action, proceeding from specific conditions of financial and economic activities of the issuer is provided in the Message.
1. Data belong to special information on the issuer of securities about:
decision making about placement of securities on the amount which exceeds 25 percent of the authorized capital;
decision making about the redemption of own shares;
the facts of listing/delisting of securities on the stock exchange;
receipt of loan or credit for the amount which exceeds 25 percent of assets of the issuer;
change of list of officials of the issuer;
change of shareholders who possess 10 and more percent of voting shares;
decision of the issuer on education, termination of its branches, representations;
decision of higher body of the issuer on reduction of the authorized capital;
initiation of proceedings about bankruptcy of the issuer, pronouncement of the resolution on its sanitation;
decision of higher body of the issuer or court on the termination or bankruptcy of the issuer.
2. Data on decision making on placement of securities on the amount exceeding 25 percent of the authorized capital are filled in in the form given in appendix 1.
Date of making of action decision date is considered body of the issuer, authorized to make such decision.
In the Message such information reveals:
decision date about placement of securities on the amount which exceeds 25 percent of the authorized capital, and the name of the body which made such decision;
type, quantity and amount of securities, method of their placement (public, private). In case of open (public) placement of securities the procedure of such placement is specified (independently or with involvement of the dealer with which the agreement of underwriting, through the organizer of trade is signed);
type, form of existence of the placed securities;
the amount of increase in the authorized capital of joint-stock company by additional share issue. In case of share placing their nominal cost and suggested price with indication of method of its determination is noted. If share placing can lead to change of the owner of the considerable block of shares of the issuer, increase in share in the authorized capital of shareholders who already own packet in the amount of 10 and more percent of shares, the name of the legal entity is provided or person" is noted "physical if information concerning the owner - physical person, the number of their shares and share in the authorized capital to share placing appeared;
ratio (as a percentage) the amounts of securities (except investment certificates) on which they are placed, the total amount of the securities (except investment certificates) the issuer which are in circulation to the size of the authorized capital of the issuer on acceptance date of this decision;
information on the rights which are acquired by investors in securities which are placed;
payment method of securities. If payment is performed by assets, others than money, provide their list;
the purpose of placement of securities, and also the directions of use of the received means;
surnames, names and middle names of members of the authorized body which made the decision on placement of securities which acquired or plan to acquire securities which are placed, the number of securities which are planned to be acquired or already acquired by specified persons is given;
information concerning possibility of converting of securities;
other essential information according to the prospectus of the issue.
3. Data on decision making on the redemption of own shares are filled in in the form given in appendix 2.
Date of making of action acceptance date is considered relevant organ of management of the issuer of the decision on the redemption of own shares.
In the Message such information reveals:
decision date according to the redemption of own shares and the name of authorized body which made such decision;
redemption period (start and end date of the redemption) and procedure for the redemption. If the decision does not provide the period throughout which the share repurchase will be performed, about it it should be noted;
information on the share repurchase purpose, procedure determination of the share price which are redeemed, with indication of factors which are considered in case of determination of the share price, and extent of their influence;
nominal both share market value and profit per share according to the annual financial reporting of year which preceded decision date about share repurchase;
type, form of existence and the number of shares which are subject to the redemption;
ratio (as a percentage) general share par value, subject to the redemption, to the authorized capital;
the name of legal entities or is specified "Physical person" if information arose concerning the owner - physical person, shareholders who own 10 and more percent of shares on condition to share repurchase;
surname, name and middle name of members of the supervisory board and/or executive body at which shares, with indication of the number of shares which they hold, and shares in total quantity of shares on condition to share repurchase are redeemed;
date of the redemption of own shares, their type, quantity, share from the authorized capital (if the issuer holds earlier redeemed own shares);
registration date, certificate number about registration of share issue which are subject to the redemption, and the name of body which performed state registration of share issue, subject to the redemption.
4. Data on the facts of listing/delisting of securities on the stock exchange are filled in in the form given in appendix 3.
Date is considered date of making of action:
inclusions of securities of the issuer in listing of stock exchange;
when the issuer knew or when he learn about change of level of listing of its securities;
when the issuer knew or when he learn about delisting of its securities.
In the Message such information reveals:
date of action, action (listing/delisting or change of level of listing), the name of stock exchange, type, nominal cost and the number of securities concerning which action is made;
ratio of share in total quantity of securities concerning which action, to the general amount of specific issue of securities is made (as a percentage);
registration date, certificate number about registration of issue of securities and the name of body which performed state registration of issue of securities, concerning which action is made;
type, type, category and form of existence of securities concerning which action is made;
date of the decision and authorized body of the issuer who made the decision on inclusion in listing of stock exchange of securities of the issuer. The name of stock exchange which listing joins securities of the issuer is provided;
date of the decision and authorized body of the issuer or the name of stock exchange which made the decision on delisting of securities of the issuer or change of level of listing;
types, the number of securities which continue to be in listing, the rights of their owners;
in case of delisting date with which securities will not be quoted on the stock exchange any more, and the reasons of their delisting is celebrated.
5. In case of receipt of money by the issuer according to the credit agreement the issuer opens information according to subitem 5.1 of this Item. In case of receipt by the issuer of the money or other means determined by patrimonial signs by the loan agreement, the issuer opens information according to subitem 5.2 of this Item.
5.1. Data on receipt of the credit for the amount which exceeds 25 percent of assets of the issuer are filled in in the form given in appendix 4.
The date of receipt of the credit is considered date of making of action.
In the Message such information reveals:
decision date about receipt of the credit and the name of authorized body which accepted it;
signature date of the agreement of the credit, type of loan (credit line), credit amount, interest rate, term for which the agreement of the credit, and conditions of return of the credit with indication of the assets provided as a deposit or other method of loan security is signed;
the date of receipt of the credit;
information on the creditor who made the decision on loan granting, with indication of its name, identification code for EGRPOU, locations;
net assets value of the issuer, calculated for the beginning of year; credit amount ratio to asset cost for the beginning of year (as a percentage);
information on purpose of the means received on the credit.
If the issuer receives money based on the signed agreement of the credit (credit line) in several stages parts (tranches) which do not exceed, the big than 25 percent of the assets of the issuer calculated for the beginning of year equal or are, information reveals in case of the first and last receipt of part of the credit (tranche). Information concerning other parts of the credit (траншев), except the first and the last, reveals by promulgation in news feed. At the same time date of making of action the date of receipt of part of the credit (tranche), including in case of closing of credit line is considered.
Are specified general loan amount under the agreement (credit line), the size of the received part of the credit (tranche) in cash, the date of receipt of part of the credit (tranche), date of opening and closing date of credit line, the size of the received part of the credit (as a percentage) to general loan amount (credit line) and other terms of the contract of the credit (credit line) necessary for complete disclosure of information.
If the credits are short-term - for a period of one banking day, information reveals in the stock market, but does not move in the Commission. At the same time the date of receipt of the credit is considered date of making of action.
The issuer can in addition, open on own discretion other data which can influence the decision of investors (as that conditions of interest rate realignment, etc.).
5.2. Data on receipt of loan, the issuer exceeding 25 percent of assets are filled in in the form given in appendix 5.
Date of transfer of the money or other means determined by patrimonial signs is considered date of making of action.
In the Message such information reveals:
decision date about receipt of loan and the name of authorized body which accepted it;
signature date of the agreement, the subject of the agreement, loan type (percentage, interest-free), the amount of the obtained loan or cost of the means determined by patrimonial signs, interest rate, term for which the loan, and conditions of return of loan with indication of the assets provided as a deposit or other method of providing loan is granted;
date of transfer of funds for the current account or the date of receipt of the means determined by patrimonial signs;
information on the creditor with indication of its name (surname, name and middle name of the creditor - physical person), identification code for EGRPOU (identification number on GRFL - physical person), locations;
net assets value of the issuer, calculated for the beginning of year; ratio of the amount of the obtained loan to asset cost for the beginning of year (as a percentage);
information concerning the purpose of use of the means or things determined by patrimonial signs received according to the loan agreement.
If the issuer receives the money or other objects determined by related signs based on the signed loan agreements in several stages tranches which do not exceed, the big than 25 percent of the assets of the issuer calculated for the beginning of year equal or are, information reveals in case of the first and last tranche of the money or other objects determined by related signs. Information concerning other parts of loan (траншев), except the first and the last, reveals by promulgation in news feed.
At the same time the date of receipt of part of loan (tranche), including last part of loan (tranche) is considered date of making of action.
Are noted the size of the received part of loan (tranche) in cash, the size of the received part of loan (as a percentage) to the size of loan and the date of receipt of part of loan (tranche).
The issuer can open in addition, at own discretion, other data which can influence the decision of investors (as that conditions of interest rate realignment, etc.).
6. Data on change of list of officials of the issuer are filled in in the form given in appendix 6.
Information on dismissal or appointment of the chairman and members of the supervisory board, executive body, audit committee, the auditor of joint-stock company, the chief accountant, and also chairmen and members of other body of society belongs to information on change of list of officials of the issuer if creation of such body is provided by the charter of society. Issuers of securities shall open special information on change of list of officials also in case of appointment or dismissal of persons, acting as officials of the issuer temporarily (except cases when appointment of person of the acting as is connected with leave, business trip, disease of the official who is directly holding the corresponding position). Date of making of action decision date relevant organ of management of the issuer concerning change of list of officials of the issuer is considered.
In the Message such information reveals:
the name of authorized body of the issuer who made the decision on change of list of officials, decision date, contents of such decision (release, appointment of the official) with indication of the bases of such decision;
information on the official with indication of surname, name and middle name, passport data, the complete job title to which it is appointed or from which it is dismissed share which owns in the authorized capital of the issuer;
reasons for changes in members of officials and information on availability at officials of the issuer of unspent conviction for mercenary and official crimes.
In case of appointment of the official information on term for which the nominated person, other positions which were held by this person throughout the activities, the size of the block of shares of the issuer which belong to this person reveals.
In case of release of the official information concerning the term throughout which such person stayed to positions reveals.
If nobody is appointed to position instead of the dismissed person, information on it surely reveals.
7. Information on change of shareholders who possess 10 and more percent of voting shares reveals the issuer in the stock market, but does not move in the Commission.
Date of making of action the date of receipt by the issuer of information from registry holder on modification of system of the register of owners of personalized securities, or the date of receipt by the issuer from depositary of the summary accounting register of owners of personalized securities, or the date of receipt by the issuer of information from shareholders according to Articles 64, 65 Laws of Ukraine "About joint-stock companies" in this connection the shareholder's packet is considered:
constitutes 10 and more percent of voting shares;
there were less than 10 percent of voting shares;
increased or decreased, but constitutes at least than 10 percent of voting shares.
In the Message such information reveals:
person" is noted "physical if information arose concerning the owner - physical person or full name and the location of the legal entity;
the size of the block of shares of the shareholder, including taking into account the amount of increase;
date of receipt of the register of owners of personalized securities (in the presence).
8. Data on the decision of the issuer on education, the termination of its branches, representations are filled in in the form given in appendix 7.
Acceptance date of the relevant decision is considered date of making of action.
In the Message such information reveals:
decision date about formation (termination) of branch (branches), representation (representations) of the issuer, the name of authorized body which accepted it, and the reasons of adoption of such decision;
full name and the location of each branch or representation which were created or closed and functions which they performed or will carry out. In case of decision making on several branches or representations all data can move in one message with obligatory disclosure of necessary information on each branch or representation.
9. Data on the decision of higher body of the issuer on reduction of the authorized capital are filled in in the form given in appendix 8.
Date of making of action acceptance date of the relevant decision is considered higher body of the issuer.
In the Message such information reveals:
decision date about reduction of the authorized capital and the name of authorized body of the issuer which accepted it and also the reasons which caused adoption of such decision;
information on the size of the authorized capital for decision date about its reduction, the size of the authorized capital after reduction;
the amount by which the authorized capital, and share decreases (as a percentage), by which the authorized capital, method of reduction of the authorized capital decreases;
the number of voting shares and their share in total quantity of voting shares (as a percentage), on each of members of council of society, executive body who own stocks of the issuer, and shareholders who own 10 and more percent of voting shares provision to reduction of the authorized capital.
10. In case of initiation of proceedings about bankruptcy of the issuer the issuer opens information according to subitem 10.1 of this Item. In case of pronouncement of the resolution on sanitation of the issuer the issuer opens information according to subitem 10.2 of this Item.
10.1. Information on initiation of proceedings on bankruptcy of the issuer is filled in in the form given in appendix 9.
Date is considered date of making of action:
pronouncement by court of the resolution on violation of carrying out in the case of bankruptcy or date when the issuer learned or shall learn about violation of carrying out in the case of its bankruptcy if insolvency proceeding it is begun according to the statement of the creditor;
provision by the issuer of the petition on initiation of proceedings about its bankruptcy. In this case date of the previous hearing is not celebrated. After pronouncement by court of the resolution on initiation of proceedings about bankruptcy the issuer shall make property of publicity such information in addition.
In the Message such information reveals:
date of pronouncement by court of the resolution on violation of carrying out in the case of bankruptcy of the issuer, the name (surname, name, middle name) of person which submitted the application for initiation of proceedings for bankruptcy, full name (surname, name and middle name) and the location (residence) of the creditor (creditors) upon the demand of which carrying out in the case of bankruptcy of the issuer, and the name of court which considers the specified case is initiated;
carrying out causes of infringement in the case of bankruptcy of the issuer and the total amount of requirements of creditors;
the name of the legal entity or surname, name and middle name of physical person, the location or residence of the arbitration manager of the issuer appointed by court and date of such resolution;
date of preparatory court session.
10.2. Data on pronouncement of the resolution on sanitation of the issuer are filled in in the form given in appendix 10.
Date of pronouncement by court of the resolution on carrying out sanitation of the debtor or date when the issuer learned is considered date of making of action or shall learn about pronouncement by court of the resolution on its sanitation.
In the Message such information reveals:
the name of court which issued the decree on sanitation of the issuer, date of pronouncement of the resolution, the term of sanitation and the main contents of the approved plan of sanitation;
the name or surname, name and middle name, the location or residence of the managing director of sanitation appointed by court.
11. In case of the termination of the issuer by merge, accession, division, transformation or bankruptcy according to the decision of higher body of the issuer or court the issuer opens information according to the subitem
11.1 this Item. In case of the termination of the issuer by liquidation according to the decision of higher body of the issuer the issuer opens information according to subitem 11.2 of this Item. In case of the termination of the issuer by liquidation by a court decision the issuer opens information according to subitem 11.3 of this Item.
11.1. Data on the termination of the issuer by merge, accession, division, transformation or bankruptcy according to the decision of higher body of the issuer or court are filled in in the form given in appendix 11.
Date of making of action acceptance date of the relevant decision is considered higher body of the issuer and if the termination of the issuer took place by a court decision, date of emergence of events date of pronouncement of the relevant decision by court is considered.
In the Message such information reveals:
decision date about the termination of the issuer;
the name of authorized body of the issuer who made this decision, the reasons of such decision and method of the termination of the legal entity (merge, accession, division, transformation, bankruptcy), including date of general meeting (for joint-stock companies) on which the specified question and results of vote, with indication of number of votes pro and number of votes contra was considered. In case of the termination decision date of court, the name and the location of court which makes such decision is by a court decision noted.
In case of merge or accession full name and the location of all persons participating in procedure of merge or accession, condition of merge or accession, full name and the location of the legal entity which will be formed the amount of fee of the issuer of its authorized capital, the issuer's share in the authorized capital of the new company are noted.
In case of division or transformation full name of the legal entity (persons) of the legal successor (legal successors), procedure for asset allocation and obligations, the size of the authorized capital of the legal successor (legal successors) is noted. Also information on procedure and terms of the exchange of shares (shares, shares) the issuer who stops, on the share (shares, shares) of legal litspravopreemnik reveals.
11.2. Data on the termination of the issuer by liquidation according to the decision of higher body of the issuer are filled in in the form given in appendix 12.
Date of making of action acceptance date of the relevant decision is considered higher body of the issuer.
In the Message such information reveals:
decision date about the termination of the issuer by liquidation, the name of body of the issuer who made this decision, the reasons of such decision, including date of general meeting on which the specified question, and results of vote, with indication of number of votes pro and number of votes contra was considered;
concerning creditors or their absence;
net assets value, the amount of obligations and the size of equity according to the annual financial reporting confirmed with audit opinion in year which preceded decision date about liquidation of the issuer;
about sufficiency of assets of the issuer for calculation for its obligations, and also the amount which can remain after satisfaction of requirements of creditors and will be distributed between shareholders.
11.3. Data on the termination of the issuer by liquidation are by a court decision filled in in the form given in appendix 13.
Date of making of action date of adjudication about liquidation of the issuer or date of pronouncement by court of the resolution on recognition of the debtor by the bankrupt and opening of the liquidating procedure is considered.
In the Message such information reveals:
date of the judgment on the termination of the issuer by liquidation (including, by liquidation in the case of bankruptcy) and the name of court which made such decision;
effective period of the liquidating procedure;
the name of the legal entity or surname, name, middle name of physical person which submitted the application for the termination of the issuer;
the surname, name, middle name of physical person which is the authorized person determined according to the decision of general meeting of joint-stock company and has power to represent the interests of shareholders in the course of carrying out case on bankruptcy;
net assets value, the amount of obligations and the size of equity according to the annual financial reporting confirmed with audit opinion in year which preceded decision date about liquidation of the issuer;
concerning sufficiency of assets of the issuer for calculation for its obligations, and also the amount which can remain after satisfaction of requirements of creditors and will be distributed between shareholders.
1. Disclosure of special information can be performed by the notification in news feed, publications in the official printing publication, placements on the page in the Internet and provisions of the Commission.
Disclosure of special information is performed in such terms:
in news feed - within one working day after date of making of action, but not later than 10:00 hours of the second working day after date of making of action;
in the official printing publication - within five working days after date of making of action;
submission to the Commission - within ten working days after date of making of action.
2. In news feed and the printing edition the issuer opens special information in descriptive form. The text of the Message on sense and amount shall meet the requirements established to the corresponding type of special information.
In case of the notification of special information in news feed and in the official Message printing publication it is constituted in the form given in appendix 14 to this Provision.
3. If the issuer opens unreliable special information, then he shall take measures for confutation of the opened unreliable special information by the same method (methods) which opened such unreliable special information. In case of availability of corrections special information is announced by the issuer by the method provided by this Provision along with confutation of the announced unreliable special information.
3.1. Confutation in news feed shall be performed throughout two working days from the date of factual determination of disclosure of unreliable information by the issuer.
3.2. Confutation in the official printing publication shall be performed throughout five working days from the date of factual determination of disclosure of unreliable information by the issuer.
3.3. The issuer shall in seven-day time from the date of factual determination of disclosure of unreliable information by the issuer report to the Commission about the fact of the notification of unreliable special information, provide reasonable explanations concerning the reasons of the notification of unreliable special information, provide confirmation of confutation of the announced unreliable special information and in case of availability to provide information on the notification the corrected person of information.
4. By provision of special information of the Commission issuers who are professional participants of the stock market (except the issuers having the license for maintaining own register of owners of personalized securities) banks, insurers, institutes of general investment, issuers of hypothecation certificates, mortgage bonds and certificates of fund of real estate transactions provide (send) the Message to general department of central office of the Commission.
5. By provision of special information of the Commission issuers who are not determined in item 4 of this Chapter provide the Message in territorial authorities of the Commission for their location.
6. The message which moves in the Commission consists of the title page (appendix 15) and one of 1-13 forms given in appendices according to type of special information.
6.1. On the title page of the Message date of the notification of information in news feed, the name, date and number of the printing edition in which the Message is published is surely celebrated.
6.2. The documents or their verified copies confirming information stated in the Message can be attached to the Message at the discretion of of the issuer.
1. And certificates of fund of real estate transactions are applied to disclosure of information on mortgage securities provisions of Items 1, of 2, 4-7 Chapters 1 of the Section II and provision of Chapter 3 of the Section II of this Provision.
2. And certificates of fund of real estate transactions belong to information on mortgage securities data about:
changes in the register of mortgage covering or the register of providing hypothecation certificates on each consolidated mortgage debt;
to replacement of the managing mortgage covering managing mortgage assets;
early repayment of mortgage bonds;
modification of the prospectus of the issue of mortgage securities;
to replacement of managing fund of real estate transactions;
the termination of functioning of fund of real estate transactions (further - the BACKGROUND);
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The document ceased to be valid since January 1, 2014 according to Item 2 of the Decision of the National commission on securities and the stock market of Ukraine of December 3, 2013 No. 2826