It is registered
Ministry of Justice of Ukraine
July 12, 2006
of June 23, 2006 No. 444
About approval of the Procedure for maintaining the State register of authorized rating agencies and issues of Certificates on inclusion in the State register of authorized rating agencies
According to Items 31, 33 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Law of Ukraine "About securities and the stock market" State commission on securities and the stock market RESHILA:
2. To provide to the chief of staff of State commission on securities and the stock market M. Nepran:
state registration of this decision in the Ministry of Justice of Ukraine;
publication of this decision according to the legislation.
3. Control of execution of this decision to assign to the chief of staff of State commission on securities and the stock market M. Nepran.
It is approved:
The chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship
Approved by the Decision of State commission on securities and the stock market of Ukraine on June 23, 2006 3444
1.1. In this Procedure the stated below concepts are used in such value:
The state register of authorized rating agencies (further - the State register) - data set of rather authorized rating agencies included the National commission on securities and the stock market (further - the Commission) in the State register;
rating agency - the legal entity who provides professional services in the security market and specializes in determination of the credit ratings (rating) and provision of information and analytical services connected with ensuring activities for determination of credit ratings;
authorized rating agency - the rating agency which became the winner of tender by determination of the rating agencies authorized on carrying out rating assessment which is carried out by the Commission;
tender by determination of the rating agencies authorized on carrying out rating assessment (further - tender) - method of selection of the authorized rating agencies having the right to determine rating estimates of issuers and securities, obligatory on the law;
the contest committee - the body consisting of representatives of public authorities, professional participants of the security market, issuers of scientific institutions of both others, and which main objective is determination of authorized rating agency on competitive basis. Members of the contest committee and change of its structure affirm the relevant order of the Commission;
other concepts are used in this Procedure according to the Law of Ukraine "About state regulation of the security market in Ukraine".
1.2. Decisions concerning inclusion of authorized rating agency in the State register, issue of the Certificate on inclusion in the State register of authorized rating agencies to it (further - the Certificate), its exceptions of the State register, cancellation of the Certificate is accepted by the Commission at meeting in connection therewith Rather.
1.3. The commission according to the tasks assigned to it:
performs development of the organizational and methodological principles of maintaining the State register;
provides timely entering of data on authorized rating agency into the State register and supports them in control condition;
performs development and enhancement of technology and software of maintaining the State register;
performs in full functions of accumulating and study of information of rather authorized rating agencies, updatings of data, their storage, protection, access control and so forth;
stores documents based on which inclusion of authorized rating agency in the State register or its exception is performed;
organizes publication of data of the State register, changes and amendments to it in official printing publications of the Commission.
1.4. The rating agency acquires the right to determine rating estimates which obligation of obtaining is determined by the law, from date of issue to it Certificates.
The right to carrying out rating assessment cannot be transferred to the third parties.
1.5. Responsibility for accuracy of the information, given for inclusion in the State register, bears authorized rating agency according to the legislation of Ukraine.
1.6. The data included in the State register, specified in documents which are filed by rating agency for participation in tender by determination of the rating agencies authorized on carrying out rating assessment, except for information on number of the current account of authorized rating agency and information on the banks serving authorized rating agency (the name, IFI, the location, the phone/fax); quantity and share value (the size of shares, shares) which are in property of officials of governing bodies of authorized rating agency; founders and/or members of the representative of rating agency and quantity and share value (the size of shares, shares) who are in their property; subjects of housekeeping in which the authorized rating agency owns or manages (uses) shares (shares, shares), are published by the Commission in its official printing publications and are posted on the official website.
The State register joins the following data of rather authorized rating agency specified in documents which are filed by rating agency for participation in tender by determination of the rating agencies authorized on carrying out rating assessment:
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