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Ministry of Justice of Ukraine

April 21, 2015

No. 449/26894

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

of April 10, 2015 No. 476

About approval of Changes in Regulations on procedure of bond emission of the companies, bonds of international financial institutions and their address (concerning enhancement of procedure for bond emission of international financial institutions and their address)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", for the purpose of enhancement of procedure for bond emission of international financial institutions and their address the National commission on securities and the stock market RESHILA:

1. Approve Changes in the Regulations on procedure of bond emission of the companies, bonds of international financial institutions and their address approved by the decision of the National commission on securities and the stock market of December 27, 2013 No. 2998, registered in the Ministry of Justice of Ukraine on January 28, 2014 at No. 171/24948 (with changes) which are applied.

2. 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.

3. And clerical works (A.Zaik) to provide to management of information technologies promulgation of this decision on the official website of the National commission on securities and the stock market.

4. (A. Zbarazhskaya) to provide to management of internal audit 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 Yu.Buts.

Commission chairman

T. Hromayev

Approved by the Decision of the National commission on securities and the stock market of Ukraine of April 10, 2015 No. 476

Changes in Regulations on procedure of bond emission of the companies, bonds of international financial institutions and their address

1. In the Section I:

1) in Item 5:

in subitem 1:

after the word "issuer" to add with words of "bonds of the companies";

replace the word "it" with the word "it";

third subitem 2 to state the paragraph in the following edition:

"The issuer can determine the size of interest income by interest bearing bonds concerning which the decision on public placement is made, in case of placement of such bonds in the limits determined by the prospectus of the issue of bonds that can be drawn up by the relevant decision;";

Item 7 to state 2) in the following edition:

"7. The decision on placement of bonds of the companies is made by governing body of the issuer which powers are confirmed by constituent documents of the issuer.

The decision on placement of bonds of international financial institutions is made by authorized body (authorized person) of international financial institution.

It is forbidden to limit access for bondholders to the original of the decision on securities placement which is stored at the issuer if other is not provided by the international treaty of Ukraine.";

3) to add the Section with new Item 15 of the following content:

"15. In case of implementation of bond emission of international financial institutions of the decision of authorized body of the issuer which acceptance is provided by this Provision are accepted by authorized body (authorized person) of international financial institution.

In case of need submissions to the National commission on securities and the stock market according to this Provision of originals and/or copies of decisions of authorized body of the issuer the international financial institution submits the original or the copy of the document(s) that confirms (yut) adoption of such decisions by authorized body (authorized person) of international financial institution.

Documents (their copy) which according to this Provision are filed by international financial institution of the National commission on securities and the stock market do not require assurance by the signature of the head and the issuer's seal, and are signed by the authorized person (the official of authorized body) according to the conferred powers.".

2. In the Section II:

1) in Chapter 1:

in item 4:

in subitem 13 of the word "decision on public placement of bonds" to exclude;

exclude subitem 24;

in the subitem 13 of Item 5 of the word "decision on private placement of bonds" to exclude;

2) in Chapter 2:

in Item 6 of the word "with the legislation" shall be replaced with words "with the Constitution of Ukraine and the Law of Ukraine "About international treaties of Ukraine";

in Item 8:

in subitems 9, "such" to exclude the 10th word;

in subitem 14 of the word "decision on public placement of bonds" to exclude;

exclude subitem 25.

3. In the Section III:

1) in Item 1 of Chapter 2:

in subitem 4:

the paragraph one to state in the following edition:

"4) the prospectus of the issue of bonds in duplicate which shall be numbered, stitched and contain data according to appendix 8 to this Provision;";

paragraphs two - to exclude the fourth.

With respect thereto the fifth - the seventh to consider paragraphs respectively paragraphs the second - the fourth;

exclude subitem 5.

With respect thereto subitems 6 - 22 to consider respectively subitems 5 - 21;

in the paragraph the second the subitem 18 of figure "13 - 19" to replace with figures "12 - 18";

in the paragraph the second the subitem 21 of figure "20 - 22" to replace with figures "19 - 21";

2) in Chapter 3:

in Item 1:

subitems 2 - 4 to state in the following edition:

"2) the copy of the document confirming decision making about public placement of bonds in the territory of Ukraine.

Such document (the decision on public placement of bonds) shall contain information on bonds which are offered for public placement, namely: total nominal value of bonds and circulation periods of bonds;

3) the copy(copies) of the document(s) which confirms (yut) powers of body (person) of international financial institution to make the decision on public placement of bonds and to sign the relevant documents;

4) prospectus of the issue of bonds in duplicate.

The prospectus of the issue of bonds shall contain data according to appendix 11 to this Provision.

The issuer has the right to draw up the prospectus of the issue of the bonds which are subject to public placement, two parts (the basic prospectus of the issue of bonds and the prospectus of the issue of bonds of the corresponding release) which are subject to registration by registering body. At the same time instead of the single prospectus of the issue of bonds the basic prospectus of the issue and the first prospectus of the issue of bonds of the corresponding release, and in the presence of already registered basic prospectus of the issue - the following prospectus of the issue of bonds of the corresponding release moves.

In case of execution of the prospectus of the issue of bonds two parts the basic prospectus of the issue of bonds shall contain information according to appendix 12 to this Provision, the first (following) prospectus of the issue of the corresponding bond issue shall contain information according to appendix 13 to this Provision.

The basic prospectus of the issue, the first prospectus of the issue of bonds of the corresponding release, the following prospectus of the issue of bonds of the corresponding release move in duplicate and are drawn up according to requirements of this subitem;";

subitems 5 - 7 to exclude.

With respect thereto subitems 8 - 11 to consider respectively subitems 5 - 8;

state subitem 7 in the following edition:

"7) accounting (financial) records of the issuer which are constituted according to the accounting standards applied by international financial institution and the reporting on the last available reporting date;";

state Item 2 in the following edition:

"2. If the documents specified in Item 1 of this Chapter contain more than one leaf, they shall be numbered and stitched.

If documents are constituted in foreign language, the translation into Ukrainian certified in notarial procedure is provided also them (except the documents provided by the subitem 7 of Item 1 of this Chapter).";

The second Item 2 of Chapter 4 of figure "15" to replace 3) in the paragraph with figures "14";

4) in Chapter 5:

in the subitem 1 of Item 2 of the word "the decision on placement and" to exclude;

in the subitem 2 of Item 3:

in the paragraph the second to replace figures "16" with figures "15";

word in paragraph four", drawn up by the protocol," to exclude;

the fifth after the word "underwriting" to add the paragraph with the words "or information concerning the underwriter(s)";

in item 4:

in the paragraph the second the subitem 3 of figure "17" to replace with figures "16";

in the subitem 4 of figure "18" to replace with figures "17";

in subitem 8:

in the paragraph the second to replace figures "16" with figures "15";

in paragraph seven of figure "13 - 19" to replace with figures "12 - 18";

in the subitem 9 of figure "19" to replace with figures "18";

in the subitem 1 of Item 5:

in the paragraph the second to replace figures "20" with figures "19";

the fifth after words of "documents of the issuer" to add the paragraph with words of "bonds of the companies";

5) in Chapter 6:

in Item 1:

in paragraph one of the word "in the decision on placement of bonds and" to exclude;

in the subitem 1 of figure "21" to replace with figures "20";

state subitem 2 in the following edition:

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