LAW OF UKRAINE

of December 10, 1997 No. 710/97-BP

About National depositary system and features of electronic security circulation in Ukraine

This Law determines the legal basis of security circulation in National depositary system and feature of electronic security circulation in Ukraine.

Section I General provisions

Article 1. Determination of terms and concepts

In this Law the stated below terms and concepts are used in the following value:

paperless form of security - the accounting record performed by the keeper which is confirmation of the property right to security;

the isolated method of storage of securities - method according to which the keeper of securities (further - the keeper) shall store and record certificates of securities with indication of their numbers or other individual signs;

issue of securities - the set of securities of one issuer registered in accordance with the established procedure with one state registration number which can have different conditions of issue, but grant the identical rights;

The owner of securities - person having the property right to securities according to the law and/or the agreement of property management;

the global certificate - the document processed to all issue of securities in paperless form, except the privatization papers certifying the owner's right to free obtaining in the course of privatization of share of property of the state companies, the state housing stock, land fund, confirming the right to implementation of transactions with securities of this release in National depositary system;

securities depository (further - depositary) - joint-stock company which performs exclusively depository activity and can perfrom clearing and calculations for transactions on securities;

depository activity - provision of services on storage of securities irrespective of form of their release, opening and account management in securities, servicing of transactions on these accounts (including clearing and payment under transactions on securities) and servicing of transactions of the issuer on the securities issued by it;

the depositary agreement - the contract between the keeper and the depositary chosen by it under which the depositary operates for the keeper accounts in securities in which transactions with the securities given by the keeper are reflected;

depositary accounting - accounting of securities on accounts of owners of securities at keepers or the accounting on accounts in securities performed by depositary for keepers and issuers;

the depositor - the legal entity or physical person using services of the keeper based on the agreement on opening of the account in securities;

the agreement on opening of the account in securities - the contract between the owner of securities and the keeper chosen by it on transfer by the owner of the securities belonging to it to the keeper for implementation of depository activity;

the agreement on clearing and payment under transactions on valuable paper mdogovor between stock exchange and the electee eyudepozitariy about implementation of clearing and payment under transactions on securities;

the service agreement of issue of securities - the contract between the issuer and the depositary chosen by it on servicing of transactions of the issuer on the securities issued by it;

documentary form of security - the certificate of securities (further - the certificate) containing details of the corresponding type of securities of certain issue, data on the number of securities and certifying set of the rights granted by these securities;

electronic trade and information network - set of the program technical means used by stock exchange or organizationally for providing the conclusion of transactions on securities;

the keeper - bank, the dealer in securities or the registrar having the license for storage and servicing of security circulation and transactions of the issuer with securities on accounts in securities as concerning those securities which belong to it, and that which it stores according to the agreement on opening of the account in securities;

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