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Ministry of Justice of Ukraine

January 22, 2013

No. 159/22691

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

of December 25, 2012 No. 1853

About approval of the Procedure for realization on the stock exchange of securities on which collection is turned

(as amended on 14-07-2017)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Articles 23 - 25, article 27 of the Law of Ukraine "About securities and the stock market", part four of article 62 of the Law of Ukraine "About enforcement proceeding" the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for realization on the stock exchange of securities on which collection which is applied is turned.

2. To stock exchanges to bring the activities into accord with requirements of this Procedure within three months from the effective date of this decision.

3. To department of regulation of activities of dealers in securities and stock exchanges (Naumenko A. A.) provide:

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.

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

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

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

Commission chairman

D. Tevelev

It is approved:

The chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

 

 

M. Yu. Brodsky

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 25, 2012, No. 1853

Procedure for realization on the stock exchange of securities on which collection is turned

I. General provisions

1.1. This Procedure regulates the procedure of realization on the stock exchange of securities on which collection which can be allowed to trade on the stock exchange according to the legislation is turned.

Action of this Procedure extends to bodies of the public executive service, private contractors, stock exchanges and other professional participants of the stock market.

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

auction on the stock exchange (further - auction) - the mode of carrying out the exchange biddings on which the body of the public executive service or the private contractor on behalf of the seller (the dealer in securities) performs security sale, on which collection, to the participant of the exchange biddings who offered the highest price fixed during tendering on the terms of competitive line items of other persons for these securities is turned;

the guarantee fee - cash cover of participation of the buyer in acquisition of securities on which collection which acts as guarantee of observance of the requirements established by this Procedure and stock exchange rules, obligations of the buyer is turned: on participation in auction; about signing of the protocol of auction; according to the conclusion of the exchange contract if it is acknowledged as the winner of auction; about carrying out all provided money payments;

the client - person, in interests and at the expense of which the buyer acts the relevant agreement under;

lot - the minimum quantity of securities which is exposed for sale at auction;

the buyer - the dealer in securities who is member of stock exchange and directly participates in auction and, in case of recognition by his winner of auction, shall sign the protocol of auction, conclude and execute the exchange contract;

starting price of lot - the price of securities which create lot which is determined according to the legislation and this Procedure and is specified in the request of the seller;

the seller - the dealer in securities who is member of stock exchange and with whom the body of the public executive service or the private contractor signed the agreement on realization on the stock exchange of securities on which collection is turned;

selling price of lot - top price of lot which the buyer offered during the auction;

the participant of auction - the buyer and the seller;

stock exchange - the organizer of auction at which securities sale on which collection is turned is enabled.

Other terms accepted in this Procedure are accepted according to the legislation of Ukraine concerning functioning of the stock market and enforcement proceeding.

1.3. Securities sale on which collection is turned is performed on the stock exchange which has the license for implementation of professional activity in the stock market - activities for the organization of stock market trading, issued in accordance with the established procedure by State commission on securities and the stock market or the National commission on securities and the stock market (further - NKTsBFR), has electronic trading system and which rules determine procedure for carrying out the exchange biddings by securities sale on which collection, by their sale at auction is turned and with which the body of the public executive service or the private contractor signed the relevant agreement.

1.4. On the stock exchange securities sale on which collection is turned is performed according to the legislation and rules of such stock exchange which shall contain procedure for securities sale, on which collection, by their sale at auction is turned.

Stock exchange rules are obligatory for accomplishment by members of stock exchange and stock exchange.

1.5. Sale on the stock exchange of securities on which collection is turned is performed with observance of requirements of the legislation on protection of the economic competition.

II. Preparation for holding the auction

2.1. For holding the auction the body of the public executive service or the private contractor signs the contract on holding the auction with stock exchange.

2.2. the body of the public executive service or the private contractor signs the contract with the dealer in securities (seller) to which charges securities sale on the stock exchange for certain remuneration for the provided services in securities sale on which collection is turned.

Remuneration is established as a percentage of selling price of lot and constitutes no more than three percent from selling price of lot.

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