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Ministry of Justice of Ukraine

February 3, 2021

No. 147/35769

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

of December 8, 2020 No. 754

About approval of the Procedure for transfer of fund of financing of construction or fund of real estate transactions in management to other financial institution by a court decision

(as amended on 07-07-2021)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", parts one of articles 23 and 34 of the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions" the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for transfer of fund of financing of construction or fund of real estate transactions in management to other financial institution by a court decision which is applied.

2. To department of methodology of regulation of professional participants of the security market (Kurochkina I. Yu.) provide:

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.

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

4. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Panchenko A. S.

Commission chairman

T. Hromayev

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 8, 2020, No. 754

Procedure for transfer of fund of financing of construction or fund of real estate transactions in management to other financial institution by a court decision

1. This Procedure determines the mechanism of transfer of fund of financing of construction (further - FFS) or fund of real estate transactions (further - FON) from one managing director (further - managing FFS or managing FON respectively) in management to other managing director who conforms to requirements of the Law "About Financial and Credit Mechanisms and Property Management in case of Construction of Housing and Real Estate Transactions" (further - the Law) and regulatory legal acts of the National commission on securities and the stock market (further - new managing FFS or new managing FON respectively) by the relevant decision of court which took legal effect and it is accepted according to the address of principals of the relevant FFS or owners of certificates of the relevant FON, or NKTsBFR in connection with violation by managing FFS or managing FON of the legislation on financial services.

2. After the introduction in legal force of the judgment about transfer determined by FFS or BACKGROUND in management to new managing FFS or new managing FON (further - the judgment):

managing FFS (managing FON) shall stop accomplishment of functions of managing relevant fund and transfer to new managing FFS (new managing FON) information, documents and property of such fund determined by this Procedure to the terms established by it and procedure;

pass all rights and obligations concerning principals of the relevant FFS and the builder to new managing FFS;

pass all rights and obligations on the corresponding release of certificates of FON to new managing FON, concerning owners of certificates of FON of this release and other persons who arose at managing FON during implementation of management by it of the relevant FON;

new managing FFS (new managing FON) shall:

within three working days from the date of the introduction in legal force of the judgment to publish on own website and through person performing activities for promulgation of regulated information on behalf of members of the capital markets and professional participants of the organized goods markets, notifications on the made judgment;

within five working days from the date of the introduction in legal force of the judgment in writing to notify NKTsBFR (except case when the judgment is made according to the appeal of NKTsBFR), bank in which the account (a) of the relevant fund is opened Central Securities Depository (if the judgment is made according to addresses of owners of certificates of the relevant FON), insurance company with which managing FFS (managing FON) signs the insurance contract, and also bodies exercising supervision and regulation of activities of the builder, and builder (in case of FON - in case of availability of the contract with the builder signed by managing FON) about the made judgment with addition of the copy of such decision;

within five working days from the date of signing of the delivery-acceptance certificate specified in Item 5 of this Procedure in writing to notify principals of the relevant FFS (owners of certificates of the relevant FON) on the made judgment with addition of the copy of such judgment.

The notification of new managing FFS (new managing FON) on the made judgment shall contain its details (the complete and reduced (in the presence) name, the EGRPOU code, the location, the address for mail notifications, phone and details of own website).

3. Managing FFS (managing FON) no later than the next working day from the date of the introduction in legal force to the judgment shall notify in writing new managing FFS (new managing FON) on bank details in which the account (a) of the relevant fund is opened, the builder (in case of FON - in case of availability of the contract with the builder signed by managing FON) and insurance company if managing FFS (managing FON) signs with insurance company the insurance contract, (the complete and reduced (in the presence) name, code on EGRPOU and location of the corresponding legal entity).

4. NKTsBFR in case of receipt from new managing FFS (new managing FON) of the written request on provision of information on the builder, bank in which the account (a) of the relevant fund is opened and insurance company provides information which is available for it within three working days from the date of receipt of request.

5. Within fifteen working days from the date of the introduction managing FFS (managing FON) shall transfer to legal force of the judgment, and new managing FFS (new managing FON) shall accept under the corresponding delivery-acceptance certificate signed by their heads or persons authorized by them, property which is part of assets corresponding FFS (BACKGROUND) and is in direct trust of managing FFS (managing FON), and the documents specified in Item 6 (for managing FFS), in Item 7 (for managing FON) this Procedure, with ensuring money transfer, considered on the accounts of FFS (BACKGROUND) in bank opened addressed to managing FFS (managing FON) into the accounts of FFS (BACKGROUND) in bank opened addressed to new managing FFS (new managing FON).

6. Managing FFS shall transfer to new managing FFS concerning the relevant fund the following documents:

contribution agreements in FFS;

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