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

of June 20, 2013 No. 1101

About modification of the decision of the National commission on securities and the stock market of March 13, 2012 No. 394

According to Item 37-3 of part two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine", article 27 of the Law of Ukraine "About securities and the stock market", Articles 1, "About financial services and state regulation of the markets of financial services" the National commission on securities and the stock market SOLVED 9 Laws of Ukraine:

1. Bring in the decision of the National commission on securities and the stock market of March 13, 2012 No. 394 "About approval of the Procedure for approval of acquisition by legal entity or physical person of essential participation in the professional participant of the stock market or increase it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized (share) capital of such participant or voting power of the acquired shares (shares) in its governing bodies", registered in the Ministry of Justice of Ukraine on April 26, 2012 for No. 635/20948, the following changes:

1) the title of the decision to state in the following edition:

"About approval of the Procedure for approval of acquisition by person of essential participation in the professional participant of the stock market or increase it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized capital of such participant or voting power of the acquired shares (shares) in its governing bodies";

Item 1 to state 2) in the following edition:

"1. Approve the Procedure for approval of acquisition-faced essential participation in the professional participant of the stock market or increase it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized capital of such participant or voting power of the acquired shares (shares) in its governing bodies which is applied".

Make changes to the Procedure for approval of acquisition by legal entity or physical person of essential participation in the professional participant of the stock market or increase it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized (share) capital of such participant or voting power of the acquired shares (shares) in its governing bodies, GKTsBFR approved by the decision of March 13, 2012 No. 394, registered on April 26, 2012 for No. 635/20948, having been reworded as follows it which is applied the Ministry of Justice of Ukraine.

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

4. And stock exchanges (O. Naumenko) to provide to department of regulation of activities of dealers in securities:

submission of this decision for implementation of examination on compliance of the Convention on human rights protection and fundamental freedoms in the Secretariat of the Government representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;

submission of this decision on state registration in the Ministry of Justice 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 commission E.Voropayev.

The minutes of the Commission from ___________ 2013 No. ____

Approved by the Decision of the National commission on securities and the stock market of Ukraine of March 13, 2012 No. 394
(in edition of the decision of the National commission on securities and the stock market of Ukraine of June 20, 2013 No. 1101)

Procedure for approval of acquisition by person of essential participation in the professional participant of the stock market or increase it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized capital of such participant or voting power of the acquired shares (shares) in its governing bodies

І. General provisions

1. This Procedure establishes the procedure and conditions of receipt of approval of the National commission on securities and the stock market (further - the Commission) acquisitions by person of essential participation in the professional participant of the stock market (except bank) or increases it in such a way that the specified person will own or control directly or indirectly 10, 25, 50 and 75 percent of the authorized capital of such participant or voting power of the acquired shares (shares) in governing bodies of the professional participant of the stock market, the requirement to goodwill and financial condition of such persons, procedure for provision and the requirement to disclosure of information on structure of property (for the legal entity) and associated persons.

2. In this Procedure terms are used in the following values:

the owner of essential participation - legal entity and physical person (residents), the legal entity and physical person (nonresidents) who received the corresponding approval of the Commission and acquired essential participation in the professional participant of the stock market;

the applicant - legal entity and physical person (residents), the legal entity and physical person (nonresidents), group of persons or the authorized representative of these persons who intends to acquire or increase essential participation in the professional participant of the stock market and to submit the application with the relevant documents for receipt of written approval of the Commission;

essential participation - direct and mediated, independent or together with other persons ownership of 10 and more percent of the authorized capital or voting power of the acquired shares (shares) of the legal entity or possibility of considerable influence, independent of formal ownership, on management or activities of the legal entity;

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