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

of March 31, 2011 No. 376

About approval of the Procedure for conducting checks of activities of issuers of securities

According to Items 9 and 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" State commission on securities and the stock market SOLVED:

1. Approve the Procedure for conducting checks of activities of issuers of securities which is applied.

2. In the title and Items 1, 3 decisions of State commission on securities and the stock market of 08.07.2003 N 302 "About approval of Rules of conducting checks of activities of issuers and the self-regulating organizations in the security market", the word registered in the Ministry of Justice of Ukraine 30.07.2003 for N 658/7979, "issuers and" to exclude.

3. In the title and the text of Rules of conducting checks of activities of the issuers and the self-regulating organizations in the security market approved by the decision of State commission on securities and the stock market of 08.07.2003 of N 302, registered in the Ministry of Justice of Ukraine 30.07.2003 for N 658/7979, of the word "issuer and", "issuer or", "issuer" in the corresponding numbers and cases, and also the words "Size of Authorized Fund of the Issuer *", "Payment of Authorized Fund of the Issuer *", "Data on the Performed Releases by the Issuer of Securities and Their Registration *", "*" to exclude Data only for issuers.

4. (E.Voropayev) to provide to department concerning control and legal work submission of this decision on state registration in the Ministry of Justice of Ukraine.

5. (N. Piskun) to provide to management on ensuring activities of the Commission chairman, the organization of work of commission sessions and international backgrounds publication of this decision according to the legislation.

6. This decision becomes effective from the date of its official publication.

7. I reserve control over the implementation of this decision.

Approved by the Decision of State commission on securities and the stock market of March 31, 2011, No. 376

Procedure for conducting checks of activities of issuers of securities

I. General provisions

1. This Procedure establishes the single mechanism of carrying out by State commission on securities and the stock market (further - Control facility) checks of activities of issuers of securities concerning observance of requirements of the legislation on securities and/or about joint-stock companies by conducting scheduled and unscheduled exit and permanent inspections.

The venue of check is the room of the issuer on its location and/or premises of Control facility.

2. In this Procedure terms are used in the values given in the legislation.

II. Organization of conducting checks

1. The basis for conducting planned inspection of the issuer by Control facility is its inclusion in the schedule of conducting checks on the respective quarter. The schedule affirms the order of the Chairman of Control facility or person fulfilling its duties.

Scheduled inspections are carried out by Control facility not more often than once in calendar year.

Scheduled inspection is carried out for entire or certain period of activities of the issuer.

The issuer shall be informed of conducting planned inspection previously in writing by Control facility at least in ten calendar days prior to its carrying out.

2. Unscheduled inspection provides check of activities of the issuer unplanned by Control facility during the established period on single questions.

Unscheduled inspections can be carried out by Control facility in the presence of at least one of such bases:

written message on signs of violation of the law on securities and/or on joint-stock companies;

submission by the issuer to Control facility of the statement for cancellation of registration of issue of securities;

at the initiative of Control facility in case of direct identification of signs of violation by the issuer of requirements of the legislation on securities and/or about joint-stock companies;

detection of new documents (circumstances) by Control facility which were not and could not be known when conducting the previous check;

pronouncement of the resolution by the authorized person of Control facility on stop of proceeedings about offense in the security market for the purpose of conducting additional check.

Unscheduled inspection can be exit or permanent. The procedure for conducting unscheduled permanent inspection and registration of its results are established by the Section VII of this Procedure.

3. Scheduled and unscheduled inspections are carried out in the working hours of the issuer established by employment policies and procedures.

Under written approval of the head of the issuer (person fulfilling its duties) it can be performed in non-working days or in off-duty hours of the issuer.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info