of June 29, 2021 No. 63
About approval of the Regulations on procedure for coordination of specifications of derivative contracts of the money market by the National Bank of Ukraine and modification of some regulatory legal acts of the National Bank of Ukraine
According to Articles 6, of 7, of 15, of 44, of 45, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine of June 19, 2020 "About modification of some legal acts of Ukraine concerning simplification of investment attraction and implementation of new financial instruments" and for the purpose of reduction of regulatory legal acts of National Bank in compliance with requirements of the legislation of Ukraine the Board of the National Bank of Ukraine DECIDES: No. 738-IX
1. Approve Regulations on procedure for coordination of specifications of derivative contracts of the money market by the National Bank of Ukraine which are applied.
2. Approve Changes in:
1) the Regulations on structure of the foreign exchange market of Ukraine, condition and procedure for foreign exchange trade and bank metals in the foreign exchange market of Ukraine approved by the resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 1 (with changes) which are applied;
2) the Regulations on measures of protection and determination of procedure of separate foreign currency transactions approved by the resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 5 (with changes) which are applied.
3. In the subitem 10 of item 4 of the Regulations on procedure authorized institutions of the analysis and verification of documents (information) on currency transactions approved by the resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 8 (with changes) shall be replaced with words words of "listing securities on the stock exchanges" "the securities admitted to trading in the controlled stock market".
4. Declare invalid the resolution of Board of the National Bank of Ukraine of December 4, 2014 No. 793 "About approval of the Regulations on procedure for coordination of standard (approximate) forms of derivatives by the National Bank of Ukraine".
5. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Yury Geletiya.
6. The resolution becomes effective since July 1, 2021.
Chairman
K. Shevchenko
Approved by the Resolution of Board of the National Bank of Ukraine of June 29, 2021 No. 63
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About the capital markets and the organized goods markets".
2. The operator of the organized market shall prior to the beginning of the conclusion of derivative contracts of the money market (further - derivative contracts) which basic asset / indicator are the currency of Ukraine, foreign currency, bank metals, other property which is determined by underlying asset in regulatory legal acts of the National Bank of Ukraine (further - National Bank), the foreign exchange rate to hryvnia (other foreign currency), the currency index (rates of several currencies), the price of bank metals, interest rate (percentage index), other indicators, are recognized basic indicators regulatory legal acts of National Bank if such conclusion of derivative contracts according to requirements of the Law of Ukraine "About the capital markets and the organized goods markets" (further - the Law) is performed according to specifications, it is preliminary to approve with National Bank of the specification of derivative contracts for each of derivative contracts which are signed in the corresponding market of derivative contracts.
3. The operator of the organized market for review of specifications of derivative contracts gives such document package to National Bank:
1) rules of the operator of the organized market of rather derivative contracts (further - rules);
2) specifications of derivative contracts.
3) the letter petition on consideration of document package (further - the letter) in which the e-mail address of the operator of the organized market for implementation of official communication with National Bank is specified (further - the specified address).
The operator of the organized market has the right not to file the document determined in the subitem of 1 Item 3 this provision on condition of specifying in the letter of the reference to the rules posted on the official website of the operator of the organized market.
4. The documents specified in subitems 1-3 of Item 3 this provision (further - document package), move in one of the following methods:
1) in paper form;
2) in the form of the electronic document - the electronic message on official electronic mailbox of nbu@bank.gov.ua National Bank or other means of electronic communication which are used by National Bank for electronic document management.
Documents which are filed to National Bank according to Item 3 this provision shall make sure the signature of the head of the operator of the organized market (for electronic documents - the qualified digital signature which is imposed on the document with observance of requirements of the legislation of Ukraine in the sphere of electronic confidential services and electronic document management).
The documents constituted in foreign language shall move in National Bank together with their translation into Ukrainian, the certified signature / the qualified digital signature of the head of the operator of the organized market.
5. The National Bank considers the document package provided by the operator of the organized market within 30 calendar days from the date of its receipt.
6. The National Bank has the right to demand from the operator of the organized market of correction of inaccuracies in the given document package.
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