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Ministry of Justice of Ukraine

July 25, 2017

No. 907/30775

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

of June 27, 2017 No. 490

About approval of Changes in the Procedure for coordination 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

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", to 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. Approve Changes acquisition coordination vporyadok-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, No. approved by the decision of the National commission on securities and the stock market of March 13, 2012 394, registered in the Ministry of Justice of Ukraine on April 26, 2012 for No. 635/20948 (in edition of the decision of the National commission on securities and the stock market of June 20, 2013 No. 1101) which are applied.

2. And stock exchanges (I. Ustenko) to provide to department of regulation of activities of dealers in securities:

submission of this decision on conducting 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.

3. To provide to department of information technologies (E. Fomenko) promulgation of this decision on the official website of the National commission on securities and the stock market.

4. (A. Yushkevich) to provide to management of international cooperation and communications publication of this decision in the official printing publication of the National commission on securities and the stock market.

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 D. Tarabakin.

Commission chairman

T. Hromayev

Approved by the Decision of the National commission on securities and the stock market of June 27, 2017 No. 490

Changes in the Procedure for coordination 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

1. In the Section I:

1) in Item 2:

add Item after the paragraph of the fourth with the new paragraph the fifth the following content:

"The final owner - the final beneficial owner (controller) or the legal entity concerning whom there is no final beneficial owner (controller)".

With respect thereto the fifth - the tenth to consider paragraphs respectively paragraphs the sixth - the eleventh;

to add the paragraph of the eighth after the words "immediate possession by participation" with words "(direct essential participation)";

add Item after the paragraph of the eighth with the new paragraph the ninth the following content:

"The direct owner of the applicant - legal entity or physical person which owns share (shares) in the authorized capital of the applicant".

With respect thereto the ninth - the eleventh to consider paragraphs respectively paragraphs the tenth - the twelfth;

the twelfth to add the paragraph with the words "and regulatory legal acts of the Commission";

Paragraph two of Item 3 to exclude 2).

With respect thereto third to consider the paragraph the paragraph the second;

3) in item 4:

in the paragraph the second to exclude the word "written";

add Item with the paragraph of the following content:

"If essential participation in the professional participant of the stock market is acquired or increases the state, territorial community on behalf of the relevant state body or local government body, acquisition or increase in such essential participation does not require coordination of the Commission.";

4) in Item 5:

in paragraph ten of the word "or to be member" shall be replaced with words ", to be member";

add Item with the paragraph of the following content:

"Availability at the applicant of opportunity to influence somehow activities of the professional participant based on the agreement.";

5) in Item 8:

third after the word "ownerships" to add the paragraph with the word "participation";

the fourth to state the paragraph in the following edition:

"The mediated acquisition and/or increase in essential participation, if person:";

word in paragraph six "essential participation in" to exclude;

paragraphs of the seventh - to exclude the ninth.

With respect thereto the tenth - the twelfth to consider paragraphs respectively paragraphs the seventh - the ninth;

in paragraph seven "beneficial" to exclude the word;

in paragraph eight of the word "which exercise control of direct owners of essential participation" shall be replaced with words "in the cases specified in this Item";

word in paragraph nine "joint economic interests, the relations of economic and/or organizational dependence," to exclude;

6) in Item 9:

word in paragraph one of "the direct and/or indirect owner" shall be replaced with words "and/or is not final beneficial owner, owns 25% and more";

"shareholder" to add paragraph two after the word with the word "(participant)", after the word of "shares" to add with the word of "(shares)".

7) to add the Section with new Item 11 of the following content:

"11. The impress of a seal is not obligatory detail of any of documents which submission to registering body is provided by this Procedure.".

2. In the Section II:

The paragraph of the seventh of Item 1 after words of "state bodies" to add 1) with words ", documents according to property";

2) in Item 2:

to state paragraph two of subitem 2 in the following edition:

"Information in any form of date of state registration of the legal entity with indication of all provisions of the charter certified by the signature of the head and seal of the legal entity (in the presence).";

in subitem 7:

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