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

of July 3, 2012 No. 924

About approval of Changes in the Regulations on depository activity approved by the Decision of State commission of securities and the stock market of 17.10.2006 No. 999

According to articles 3 and 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", articles 14 and 17 of the Law of Ukraine "About National depositary system and features of electronic turnover of securities in Ukraine", for the purpose of reduction in compliance with the Law of Ukraine of December 22, 2010 No. 2850-VI "About modification of some legal acts of Ukraine of rather authorized capital", the Law of Ukraine of February 03, 2011 No. 2994-VI "About introduction of amendments to the Law of Ukraine "About joint-stock companies" concerning enhancement of the mechanism of activities of joint-stock companies", The law of Ukraine of April 07, 2011 "About modification of some legal acts of Ukraine concerning cancellation of the certificate on state registration of the legal entity and the physical person - the entrepreneur" and further enhancement of requirements to implementation of depository activity in National depositary system the National commission on securities and the stock market SOLVED No. 3205-VI:

1. Approve Changes in the Regulations on depository activity approved by the decision of State commission on securities and the stock market of October 17, 2006 No. 999, registered in the Ministry of Justice of Ukraine on November 27, 2006 for No. 1238/13112 (with changes) which are applied.

2. To securities depositories and keepers of securities to bring the activities into accord with requirements of this decision not later than six months of the date of entry into force of this decision.

3. The decision becomes effective in 30 days after state registration in the Ministry of Justice of Ukraine, but not earlier than day of its official publication.

4. To provide to department of regulation of depository and settlement and clearing activity (I. Kurochkin) submission on state registration of this decision to the Ministry of Justice of Ukraine.

5. (Yu.Zhuly) to provide to department of external and internal communications publication of this decision according to the legislation.

6. Control over the implementation of this decision to assign to the member of the commission O. Tarasenko.

 

Approved by the Decision of the National commission on securities and the stock market of Ukraine of July 3, 2012 No. 924

Changes in Regulations on depository activity

1. In word preamble of "the Law of Ukraine "On the prevention and counteraction of legalization (washing) of income gained in the criminal way" shall be replaced with words "the Law of Ukraine "On the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing".

2. In the Section I:

2.1. In Item 1:

to add paragraph two after the word of "market" with the words "or the National commission on securities and the stock market (further-the Commission)";

in paragraph four of the word "according to internal documents of depository institutions for certain term or before certain event based on the judgment, the decision of State commission on securities and the stock market, orders/resolutions of the authorized person of State commission on securities and the stock market" shall be replaced with words "for certain term or before certain event according to internal documents of depository institutions with ensuring safety of condition of accounts in securities of depositors, clients based on the judgment, decisions of the Commission, the order/resolution of the authorized person of the Commission";

to state the paragraph of the sixth in such edition:

"depositary assets - certificates of bearer securities, certificates on immobilization of personalized securities, global certificates of securities and temporary global certificates of securities, entries on accounts in securities of depositaries in other depositaries, including in National depositary of Ukraine, and also entry on accounts in securities of keepers in depositaries and in National depositary of Ukraine and entry on accounts in securities of National depositary of Ukraine in foreign depository institutions;";

in the paragraph twenty third "State commission on securities and the stock market" to replace words with the word "Commission".

2.2. In Items 4, "State commission on securities and the stock market" to replace the 5 and 6 words with the word "Commission".

3. In the Section II:

in the paragraph the twelfth Item 1 of the word of "State commission on securities and the stock market" to replace with the word of "Commission";

in Item 3 of the word "State commission on securities and the stock market" to replace with the word "Commission";

to "form" to add Item 7 after the word with the words "or transferred to such form in case of dematerialization or converting".

4. In the Section III:

4.1. To add subitem 3.3 of Item 3 after the paragraph of the eighth with the new paragraph of such content:

"The keeper who concluded with the issuer in the course of dematerialization of the shares issued by him the agreement on opening of accounts in securities to owners according to the Regulations on procedure for transfer of release of nominal shares of documentary form of existence in undocumented form of existence approved by the decision of State commission on securities and the stock market of June 30, 2000 No. 98, registered in the Ministry of Justice of Ukraine on October 12, 2000 for No. 706/4927, can perform for such issuer preparation and provision of help and analytical materials which characterize the security market, and also consultation on questions of security circulation and accounting of the property rights to them".

With respect thereto paragraphs the ninth, tenth to consider respectively paragraphs the tenth, eleventh.

4.2. In Item 5:

add Item after the paragraph of the ninth with the new paragraph of such content:

"information and organizational support of holding general meeting of joint-stock company according to the prisoner with it or with shareholders (shareholder) who, (which) in total are owners (owner) of 10 and more percent of common shares of joint-stock company, the agreement;".

With respect thereto the tenth to consider the paragraph the paragraph the eleventh;

in paragraph eleven "depositary" shall be replaced with words the word "depository institutions".

5. In the Section IV:

5.1. In Item 1:

in subitem 1.3 of the word "documentary form of existence in case of placement and the securities placed in undocumented form" shall be replaced with words ", the existence registered in documentary form, and the securities placed in undocumented form or transferred to such form in case of dematerialization or converting";

to "form" to add subitem 1.4 after the word with the words "or transferred to such form in case of dematerialization or converting".

5.2. In paragraph three of Item 6 of the word "State commission on securities" and "State commission on securities and the stock market" to replace respectively with words "Commission" and "Commissions".

6. In the Section V:

6.1. In Chapter 1:

6.1.1. In Item 1:

in paragraph one of subitem 1.1 of the word of "State commission on securities and the stock market" to replace with the word of "Commission";

"about" to add the second offer of subitem 1.2 after the word with words "(the notary, other official who according to the law has the right to making of such notarial actions, or person who issued the original of such document)";

state subitem 1.3 in such edition:

"1.3. All official documents which are filed to depository institution which were issued or drawn up in the territory of foreign state shall be legalized in accordance with the established procedure if international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, do not provide other. This documents can be certified according to the legislation of the country of its issue, also legalizirovana in consular establishment of Ukraine are translated into Ukrainian (except the documents stated in Russian), or also legalizirovana in the Ministry of Foreign Affairs of Ukraine are certified of embassy of the relevant state in Ukraine, or certified by putting down of the apostille provided by the Convention which cancels the requirement of legalization of foreign official documents, of October 05, 1961. Copies of this documents shall be notarized.

The unofficial documents issued or which are drawn up in the territory of foreign state do not need obligatory legalization. Such documents shall be translated into Ukrainian (except the documents stated in Russian), and their translation shall be certified by the notary, other official who according to the law has the right to making of such notarial actions. If such documents were created in Ukrainian and certified in the territory of the country of their issue according to the legislation of this country or certified by putting down of apostille according to the international standards, they do not need additional transfer or assurance.".

6.1.2. In paragraph one of Item 2 of the word of "State commission on securities and the stock market" to replace with the word of "Commission".

6.1.3. In Item 3:

in subitem 3.3:

add subitem 3.3.1 with paragraphs of such content:

"If the managing account is the dealer in securities or the company on asset management, the copy of the registered constituent document specified in subitem 3.7 of this Item can be certified and submitted according to subitem 1.2 of Item 1 of Chapter 1 of this Section.

If the managing account of the owner of securities is the keeper who opened for it the account in securities and as the dealer in securities based on the relevant agreement has powers on management of this account, from the list of the documents provided in subitem 3.7 of this Item only the documents specified in paragraphs the seventh or tenth this subitem are filed.";

in subitem 3.3.2 of the word "State commission on securities and the stock market" to replace with the word "Commission";

in subitem 3.6:

third subitem 3.6.1 to add the paragraph with words "which concern the new subject of management";

to add the paragraph of the seventh of subitem 3.6.2 with words "which concern the new subject of management";

subitem 3.6.4 in paragraph six "tenth" to replace the word with the word "ninth";

in subitem 3.7:

paragraphs the fourth, fifth to state in such edition:

"the original or the copy of the extract from the Unified State Register of Legal Entities and physical persons - entrepreneurs. In case of opening of accounts in securities this document is not required to legal entities who contain at the expense of budgets;

the copy of the document issued by body of the State Tax Service which confirms capture of the legal entity on accounting as the taxpayer;";

to state the paragraph of the eighth in such edition:

"the original or the copy of the power of attorney of the manager of the account in securities issued and signed by the head or other person authorized on it by constituent documents of the legal entity, and certified by seal of this legal entity if manager of the account is person who has no right to act on behalf of the legal entity without power of attorney;";

the tenth to state the paragraph in such edition:

"the card with specimen signatures of managers of the account in securities and impress of a seal approved by the head or other person authorized on it by constituent documents of the legal entity.";

in subitem 3.8:

the fourth to state the paragraph in such edition:

"the copy of the document certifying registration of physical person in the State register of physical persons - taxpayers (for residents). If the physical person - the resident which owing to the religious beliefs refuses adoption of registration number of accounting card of the taxpayer also reported about it to relevant organ of the State Tax Service and in which passport the mark about the right to make any payments on series and passport number is made, then the copy of the document certifying registration of physical person in the State register of physical persons - taxpayers, is not required;";

add the subitem after the paragraph of the fourth with the new paragraph of such content:

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