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Ministry of Justice of Ukraine

June 11, 2018

No. 697/32149

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

of May 15, 2018 No. 314

About approval of procedure for change of type of institute of general investment

According to Item 30 parts two of Article 7 and to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", to the Law of Ukraine "About securities and the stock market", to the Law of Ukraine "About institutes of joint investment" and to Item 12 of the Section II "Final and transitional provisions" of the Law of Ukraine of November 16, 2017 No. 2210-VIII "About modification of some legal acts of Ukraine concerning simplification of business and investment attraction by issuers of securities" the National commission on securities and the stock market RESHILA:

1. Establish such procedure for change of type of institute of general investment:

1) decision making about change of type of institute of general investment.

Change of type of institute of general investment on specialized can be performed only concerning institutes of joint investment of diversified type.

Change like institute of joint investment is forbidden.

Change of type of institute of general investment can be performed only concerning institutes of joint investment which registered regulations of institute of joint investment and if such institute of joint investment is entered in the Unified state register of institutes of joint investment.

The decision on change of type of share fund is made by authorized body of the company on asset management which exercises control of its assets.

The decision on change of type of corporate fund is made by general meeting the participants/only thing the member of such institute of joint investment.

The decision on change of type of institute of general investment is drawn up by the protocol of authorized body / the decision (the order, etc.) the individual member of such institute of joint investment who made such decision according to requirements of the legislation of Ukraine;

2) approval of changes in the prospectus of the issue of securities, regulations of institute of joint investment.

Approval of changes in the prospectus of the issue of the securities, regulations of institute of joint investment connected with change of type of institute of general investment for corporate fund is performed by supervisory council / the individual member of such fund, share fund - authorized body of the company on asset management which exercises asset management of such share fund;

3) representation to the National commission on securities and the stock market (further - the Commission) documents for registration of changes in the regulations, the prospectus of the issue of the securities of institute of joint investment connected with change of type of institute of general investment.

Documents for registration of changes in the regulations, the prospectus of the issue of the securities of institute of joint investment connected with change of type of such corporate or share fund move in the Commission according to the procedure and the terms determined by regulatory legal acts of the Commission which determine order of registration of changes in the prospectus of the issue of securities and regulations of institutes of joint investment.

Submission to the Commission of documents for registration of change of type of institute of general investment is performed not later than 30 working days till December 31, 2018;

4) registration of changes in the prospectus of the issue of the securities, regulations of institute of joint investment connected with change of type of such institute of joint investment with diversified on specialized, is performed according to the decision of the Commission.

2. The company on asset management shall bring structure and structure of assets of institute of joint investment into compliance with the legislation of Ukraine within 6 months from registration date of changes into the prospectus of the issue of the securities, regulations of institute of joint investment connected with change of type of such institute of joint investment with diversified on specialized.

3. To department of methodology of regulation of professional participants of the security market () provide Kurochkin I.:

submission of this decision on state registration in the Ministry of Justice of Ukraine;

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 V. Panchenko.

Commission chairman
T. Hromayev

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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