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

of April 23, 2013 No. 737

About approval of the Procedure for cancellation of registration of share issues

According to Article 3, Items 1, of 3, 5 parts two of Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About joint-stock companies", "About banks and banking activity", "About recovery of solvency of the debtor or recognition by his bankrupt", "About state registration of legal entities and physical persons entrepreneurs", "About National depositary system and features of electronic turnover of securities in Ukraine", "About securities and the stock market", for the purpose of establishment of procedure for cancellation of registration of share issues the National commission on securities and the stock market SOLVED:

1. Approve the Procedure for cancellation of registration of share issues which is applied.

2. Declare invalid the decision of State commission on securities and the stock market of December 30, 1998 No. 222 "About approval of the Procedure for cancellation of registration of share issues and cancellations of registration certificates of share issue", registered in the Ministry of Justice of Ukraine on March 24, 1999 for No. 180/3473 (with changes).

3. And corporate finances (A. Papaik) to provide to corporate management department submission of this decision on state registration in the Ministry of Justice of Ukraine.

4. To provide to management of information technologies, external and internal communications (A. Zaik) publication of this decision according to requirements of the legislation of Ukraine.

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

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Amelin.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of April 23, 2013, No. 737

Procedure for cancellation of registration of share issues

I. General provisions

1. This Procedure establishes the mechanism of making of actions for the purpose of cancellation of registration of share issue and cancellation of the certificate (interim certificate) on registration of share issue in case:

the terminations of joint-stock company by liquidation or transformation or accession to joint-stock company which is shareholder of society which stops or the owner of which is other society which joins (in particular procedure for stop of the circulation of shares; procedure for renewal of the circulation of shares; procedure for cancellation of registration of share issues);

non-stationings, refusal of placement (except non-stationing, refusal of share placing during creation of joint-stock companies) or non-confirmations of results of share placing.

Approvals by authorized body of bank of results of share placing, but impossibility to perform state registration of changes in the charter in connection with adoption of the resolution of Board of the National Bank of Ukraine on withdrawal of the banking license and liquidation of bank.

2. The stop of the circulation of shares, renewal of the circulation of shares, cancellation of registration of share issues are performed according to this Procedure the National commission on securities and the stock market (the registering body is farther) according to the delegated powers including if the share issue is registered by the Ministry of Finance of Ukraine, the Ministry of Finance of the Autonomous Republic of Crimea or regional financial management.

In case of stop of the circulation of shares, renewal of the circulation of shares, cancellations of registration of share issue and in case of refusal in stop of the circulation of shares, renewal of the circulation of shares, cancellation of registration of share issue are drawn up the corresponding orders (appendices 1 - 6, 10).

3. Registering body:

a) within fifteen working days from receipt date in registering body of the relevant documents specified in the Sections II-IV of this Procedure issues the order about stop of the circulation of shares, recovery of the circulation of shares, cancellation of registration of share issue and cancellation of the certificate (interim certificate) on registration of share issue or about refusal in suspension of the circulation of shares, recovery of the circulation of shares, cancellation of registration of share issue and cancellation of the certificate (interim certificate) on registration of share issue;

b) returns in the time provided by the subitem "an" of this Item documents to joint-stock company without consideration.

The notification on refusal in stop of the circulation of shares, recovery of the circulation of shares, cancellation of registration of share issue and cancellation of the certificate (interim certificate) on registration of share issue is carried to society in writing and shall contain legal reasons for such refusal.

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