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

of May 14, 2013 No. 814

About approval of Licensed conditions of conducting professional activity in the stock market (security market) - depository activity

According to paragraphs the second and fourth 3, Articles 4, 7 and Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" the National commission on securities and the stock market SOLVED Articles:

1. Approve Licensed conditions of conducting professional activity in the stock market (security market) - depository activity which are applied.

2. Declare invalid the decision of State commission on securities and the stock market of May 26, 2006 No. 349 "About approval of Licensed conditions of conducting professional activity in the stock market - depository activity", registered in the Ministry of Justice of Ukraine on August 11, 2006 for No. 975/12849 (with changes).

3. To provide to department of regulation of depository and settlement and clearing activity (I. Kurochkin) 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 the legislation.

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 O. Tarasenko.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of May 14, 2013 No. 814

Licensed conditions of conducting professional activity in the stock market (security market) - depository activity

I. General provisions

1. These Licensed conditions are developed by the National commission on securities and the stock market (further - the Commission) according to Civil and Economic codes of Ukraine, Chapter III of the Labor code of Ukraine, Articles 16, of 19, of 26, 27 Laws of Ukraine "About securities and the stock market", the Laws of Ukraine "About joint-stock companies", "About economic societies", "About financial services and state regulation of the markets of financial services", "About the prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing", "About state registration of legal entities and physical persons - entrepreneurs", "About banks and banking activity", "About financial accounting and the financial reporting in Ukraine" taking into account Articles 13, 19 Laws of Ukraine "About licensing of certain types of economic activity", other regulatory legal acts on questions, which regulate activities of professional participants of the stock market, and establish the qualification, organizational, production and other special requirements obligatory for accomplishment when conducting professional activity in the stock market - depository activity, except depositary deyatelnostideyatelnost on maintaining registers of owners of personalized securities which maintaining is regulated by the separate regulatory legal act of the Commission.

2. In these Licensed conditions the term "depository activity" is used in the value given in the Law of Ukraine "About state regulation of the security market in Ukraine", the terms "keeper" and "depositary" are used in the values given in the Law of Ukraine "About National depositary system and features of electronic turnover of securities in Ukraine".

3. The professional participant of the stock market (further - the licensee) according to the obtained license for implementation of separate type of professional activity in the stock market - depository activity on storage and servicing of turnover of securities on accounts in securities and transactions of the issuer of the securities which are rather issued by it has the right to perform such types of activity:

depository activity of securities depository;

depository activity of the keeper of securities;

activities for clearing and agreement settlements concerning securities.

4. The requirements established by these Licensed conditions shall be carried out by officials of the licensee and licensees (keepers of securities, including banks and depositaries) during all term of conducting depository activity.

II. Conditions of conducting professional activity in the stock market of depository activity

1. Depository activity of securities depository

1. The depositary based on the obtained license for conducting professional activity in the stock market - depository activity, namely depository activity of securities depository, performs storage and servicing of turnover of securities and transactions of the issuer with securities on accounts in securities.

2. When conducting depository activity of securities depository the share of depositary in the authorized capital of the keeper cannot exceed five percent.

3. The depositary when conducting depository activity of securities depository shall have equity according to the financial reporting in year in the amount of at least, than the minimum size of the authorized capital established by the legislation of Ukraine concerning securities for this type of professional activity in the stock market on result of the second and each following financial year from the date of creation of this society. The size of the registered authorized capital shall be at least, than established by the legislation of Ukraine concerning securities.

4. The depositary for conducting depository activity of depositary shall have in property or in use the non-residential premise on the location specified in the Unified State Register of Legal Entities and physical litspredprinimatel and the license which is completely isolated from rooms of other legal entities. For conducting activities by separate division of depositary based on the corresponding copy of the license or specialized structural division of depositary which is integral part of its internal organizational structure and has other location, the depositary shall have in property or in use the non-residential premise on the location of such division which shall meet the requirements established for this room.

For conducting depository activity of depositary total area of the non-residential premise of the licensee shall constitute at least 400 sq.m.

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