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

of December 28, 2018 No. 928

About approval of Changes in Regulations on implementation of depository activity (concerning assistance to investment attraction)

According to Item 38 parts two of Article 7 and Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Law of Ukraine "About depositary system of Ukraine", the Law of Ukraine of May 15, 2018 No. 2418-VIII "About introduction of amendments to some laws of Ukraine concerning assistance to attraction of foreign investments", for the purpose of enhancement of regulation of questions of implementation of depository activity and assistance to investment attraction the National commission on securities and the stock market SOLVED:

1. Approve Changes in the Regulations on implementation of depository activity approved by the decision of the National commission on securities and the stock market of April 23, 2013 No. 735, registered in the Ministry of Justice of Ukraine on June 27, 2013 for No. 1084/23616 (with changes) (further - Changes) which are applied.

2. To Central Securities Depository, depository institutions to bring the internal documents into accord with changes no later than three months from the date of entry into force of this decision.

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

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

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 28, 2018 No. 928

Changes in Regulations on implementation of depository activity

1. In the Section I:

1) in Item 2:

the paragraph third after the words "on which deposit securities are enlisted" to add with words of "nominee holder";

the paragraph the fourth after words "depositors," the words "judgments" shall be replaced with words clients on the basis "the judgment or the decision of the state body authorized by the law or its official";

the eleventh after the words "which depositor" to add the paragraph with words ", the nominee holder", after words" (further - Fund)" to add with the words "The National Agency of Ukraine concerning Identification, Search and Asset Management, Received from Corruption and Other Crimes (Further — ARMAGH) / Person Determined by ARMAGH";

add Item after the paragraph of the eleventh with new paragraphs the twelfth, thirteenth the following content:

"the client - depository institution, the issuer, the National Bank of Ukraine, depositary correspondent, the clearing organization and Settlement center for which the Central depositary based on the relevant agreements opens accounts in securities, and also the nominee holder for whom the depository institution based on the service provision agreement on servicing of the account in securities of the nominee holder opens the account in securities;

the software module - the specialized software product including placed in the hardware-software circle of the mobile electronic device of the depositor which performs function of means of identification and is used in systems of remote servicing of depositors and corresponds to the regulatory legal act of the National commission on securities and the stock market which determines requirements to software products which are used in the stock market, and also is included in the list of software products in the stock market which is conducted by the National commission on securities and the stock market according to the regulatory legal act of the National commission on securities and the stock market concerning procedure for accounting of software products in the stock market, by means of which the service agreement of the account in securities can be signed and account transactions in securities of the depositor according to requirements of this provision and according to the procedure, established by internal documents of such depository institution are performed;".

With respect thereto the twelfth - the twenty fourth to consider paragraphs respectively paragraphs the fourteenth - the twenty sixth;

add Item after the paragraph of the sixteenth with the paragraph the seventeenth the following content:

"the nominee holder - the foreign financial organization which is registered in the state which is the member of the European Union and/or the member Gruppy of development of financial measures of anti-money laundering (FATF), conforms to the requirements established by this Provision and according to the legislation of the state in which it is registered, has the right to provide to the clients services in accounting of securities and registration of transition of the property right to securities, including in other states based on the relevant contracts with foreign financial institutions;".

With respect thereto the seventeenth - the twenty sixth to consider paragraphs respectively paragraphs the eighteenth - the twenty seventh;

the eighteenth to state the paragraph in the following edition:

"the accounting register of owners of personalized securities (further - the accounting register) - the list of owners of personalized securities of certain release which contains the data determined by this Provision and is created by depository institution according to entries on accounts in securities of owners of securities and information on owners of securities is provided to depository institution by nominee holders for whom the depository institution opens accounts in securities, and also depositary correspondent according to entries on accounts in securities of clients of depositary correspondent, clients of the client of depositary correspondent;";

in the paragraph the nineteenth "judgments" shall be replaced with words words "judgments or decisions of the state body authorized by the law or its official";

add Item with the new paragraph of such content:

"The terms "identification data", "final beneficial owner (controller)" are used in the values given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".";

Item 3 to add 2) with the new paragraph of such content:

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