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Ministry of Justice of Ukraine

January 14, 2021

No. 60/35682

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

of November 3, 2020 No. 641

About approval of Requirements to contracts which are signed during implementation of professional activity in the stock market (security market) - activities for the securities trading: broker activities, dealer activities, underwriting, securities management

(as amended on 11-03-2021)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Article 17 and part one of article 27 of the Law of Ukraine "About securities and the stock market" the National commission on securities and the stock market RESHILA:

1. Approve Requirements to contracts which are signed during implementation of professional activity in the stock market (security market) - activities for the securities trading: broker activities, dealer activities, underwriting, the securities management (further - Requirements) which are applied.

2. The contracts signed with participation of dealers in securities before the date of entry into force of this decision do not require obligatory reduction in compliance with Requirements before completion of term of their action. At the same time, such agreements cannot be extended for the following term if such prolongation is determined by their conditions, without reduction of these contracts in compliance with Requirements.

3. The contracts on broker servicing signed by dealers in securities before the date of entry into force of this decision in case of reduction of their conditions in compliance reckon as general contracts in understanding of Requirements with the requirements established by Requirements of the general agreement which is signed between the dealer in securities and the client.

4. 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.

5. This decision becomes effective since July 1, 2021, but not earlier than day 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 Tarabakin D.

Commission chairman

T. Hromayev

Approved by the decision of the National commission on securities and the stock market of Ukraine of November 3, 2020 No. 641

Requirements to contracts which are signed during implementation of professional activity in the stock market (security market) - activities for the securities trading: broker activities, dealer activities, underwriting, securities management

I. General provisions and determination of terms

1. These Requirements establish the main requirements to agreements on financial instruments, stipulated by the legislation which are made during implementation of professional activity in the stock market (the market of financial instruments) - activities for the securities trading.

2. Professional participants of the stock market who perform activities for the securities trading (further - dealers), including their branches and other separate divisions, shall adhere to these Requirements and other regulatory legal acts of the National commission on securities and the stock market establishing features of implementation by dealers of separate transactions concerning financial instruments, during transactions, the rights to financial instruments connected with transition and is right on financial instruments.

3. In these Requirements the stated below terms are used in such value:

the general agreement - the agreement signed between the dealer and physical person or legal entity (the legal entity - the nonresident), for the purpose of provision of investment services and/or implementation of actions or rendering the services connected with such services;

date of agreement performance - signature date of the document confirming accomplishment by the parties of the obligations provided by the agreement and/or date of approach of the last of the next events which can happen in any sequence: transition of the rights to the financial instruments which are objects of the civil laws under the agreement or implementation of payment under the agreement if the parties did not agree about other;

date of the conclusion of the agreement - date of achievement of consent by the parties concerning all essential terms of the contract and/or signings of the relevant agreement concerning financial instrument transactions (except the loan agreement);

the agreement of the order - the agreement under which one party (attorney) shall make certain legal acts concerning financial instruments from name and at the expense of the second party (principal), including introduction of amendments to the agreement or termination of such agreement;

the commission agreement - the agreement under which one party (broker) shall at the request of the second party (consignor) for a fee make certain legal acts concerning financial instruments on its own behalf at the expense of the consignor;

cooperation agreement - the bilateral or multi-lateral agreement which is signed between underwriters for the purpose of the organization of placement of financial instruments;

the agreement on the securities management, other financial instruments and money intended for investment into financial instruments (further - the agreement of management), - the agreement under which one party (the founder of management) transfers to other party (managing director) to certain term object (objects) of management for the benefit of the founder of management or the third parties determined by it for remuneration;

the customer order - the order (the order, the order) of the client to the dealer on the conditions established by the client to provide certain type investment service with certain financial instruments based on the general agreement;

investment objects - financial instruments;

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