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

of May 15, 2018 No. 322

About approval of Requirements to the notification on intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies"

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", to Item 2 of the Section II "Final and transitional provisions" of the Law of Ukraine of March 23, 2017 No. 1983-VIII "About modification of some legal acts of Ukraine concerning increase in level of corporate management in joint-stock companies" the National commission on securities and the stock market RESHILA:

1. Approve Requirements to the notification on intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies" which are applied.

2. Determine that society not later than 25 working days from the date of receipt of the notification on intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies" (further - the Law), shall approve the share market value of society determined by the subject of estimative activities according to article 8 of the Law and report her face having intention to use the rights, the stipulated in Article 65-2 Laws.

3. Within 90 days from the date of submission of the notification on intention to use the rights, the stipulated in Article 65-2 Laws, person who is owner of the dominating controlling stock either its affiliate, or the authorized person has the right to send to society the public irrevocable requirement about share acquisition at all shareholders of society.

The amount of the data containing in the public irrevocable requirement is specified according to appendix 2 to the decision of the National commission on securities and the stock market of September 5, 2017 to No. 662 "About information containing in the message on acquisition of property right to the dominating controlling stock and the public irrevocable requirement", registered in the Ministry of Justice of Ukraine on September 27, 2017 for No. 1194/31062.

The public irrevocable requirement can be directed no later than June 3, 2019.

4. And corporate finances to provide to corporate management department submission of this decision on state registration in the Ministry of Justice of Ukraine.

5. And corporate finances to provide to corporate management department promulgation of this decision on the official website of the National commission on securities and the stock market.

6. 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.

7. This decision becomes effective from the date of, its official publication following behind day.

8. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Libanov N.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of May 15, 2018 No. 322

Requirements to the message on intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies"

The message shall contain:

for physical person:

surname, name, middle name (in the presence); residence; registration number of accounting card of the taxpayer or series (in the presence) and passport number (for persons who because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body), - which as of the date of entry into force of the Law of Ukraine of March 23, 2017 No. 1983-VIII "About modification of some legal acts of Ukraine concerning increase in level of corporate management in joint-stock companies" (further - the Law) is directly or mediated taking into account the number of the shares belonging to it or to its affiliates, the owner of the dominating controlling stock of joint-stock company and has intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies". And in the public information database about the security market of the National commission on securities and the stock market only the surname, name, middle name (in the presence) of physical person is subject to placement on the website of joint-stock company;

for the legal entity:

full name, the location, code on EGRPOU of person (persons who act jointly), - which as of the date of entry into force of the Law is directly or indirectly taking into account the number of the shares belonging to it or to its affiliates, the owner of the dominating controlling stock of joint-stock company and has intention to use the rights, the stipulated in Article 65-2 Laws of Ukraine "About joint-stock companies";

the number of the shares of society belonging to person (persons who act jointly) and to its affiliates, as of the date of entry into force of the Law;

structure of property of person and its affiliates (if as of date of the notification stocks of society belonged to affiliates) according to appendix 1 to the decision of the National commission on securities and the stock market of September 5, 2017 No. 662 "About information containing in the message on acquisition of property right to the dominating controlling stock and the public irrevocable requirement", registered in the Ministry of Justice of Ukraine on September 27, 2017 for No. 1194/31062;

information on the agreement based on which person and the third parties approve the actions concerning acquisition of the dominating controlling stock of society. The specified agreement determines the agreement party authorized by the parties on transactions on share acquisition of society for the benefit of group of persons, acting jointly (authorized person) (it is added if person acquired the dominating controlling stock of society, being effective together with the third parties who are not its affiliates).

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