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Ministry of Justice of Ukraine

June 4, 2021

No. 751/36373

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

of May 13, 2021 No. 274

About approval of the Regulations on implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Article parts three 4, parts one of article 14 of the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions", in connection with adoption of law of Ukraine "About modification of some legal acts of Ukraine concerning simplification of investment attraction and implementation of new financial instruments" of June 19, 2020 No. 738-IX the National commission on securities and the stock market RESHILA:

1. Approve Regulations on implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions which is applied.

2. Declare invalid the order of the National commission performing state regulation in the sphere of the markets of financial services of August 8, 2017 No. 3386 "About approval of the Regulations on obligatory criteria and financial standard rates, and also the requirements limiting risks in activities of finance companies - the fitters of property management managing when implementing activities for attraction of financial resources for financing of construction objects and/or implementation of real estate transactions", registered in the Ministry of Justice of Ukraine on October 25, 2017 for No. 1311/31179.

3. 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.

4. This decision becomes effective since July 1, 2021.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Ilyin A. V.

Commission chairman

R. Magomedov

Approved by the Decision of the National commission on securities and the stock market of Ukraine of May 13, 2021 No. 274

Regulations on implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions

I. General provisions

1. This Provision establishes procedure and conditions of implementation by managing directors of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions (further - activities for property management), other requirements and indicators limiting risks of implementation of activities for property management, and also actions of the managing director for the termination of such activities in case of cancellation at it of the license for implementation of professional activity in the capital markets - activities for property management for financing of construction objects and/or implementation of real estate transactions (further - the license) for violation of requirements of the legislation.

2. In this Provision terms are used in such values:

the agreement of property management - the agreement under which the founder of management transfers to the managing director to direct trust property for the purpose of achievement of the purposes determined by it and sets restrictions on separate actions of the managing director for management of this property which for fund of financing of construction (further - FFS) the contribution agreement in FFS is, and for fund of real estate transactions (further - FON) and the FON-FFS systems - the agreement on acquisition of certificates of FON;

the managing director - the legal entity who conforms to the requirements established by the Law of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions" (further - the Law) and the Law of Ukraine "About the capital markets and the organized goods markets" and based on the license on its own behalf acts for the benefit of founders of property management and exercises control of the raised funds according to the legislation, rules FFS and/or rules BACKGROUNDS (further - rules of fund);

property administration - implementation by the property managing legal and actual acts according to the order on its own behalf, for the account and for the benefit of founders of property management;

the fitter of property management (further - the founder) - the principal who transfers property to the managing director to direct trust based on the contribution agreement in FFS (further - the principal of FFS), and the owner of certificates of FON.

Other terms used in this Provision are used according to the Law, the Law of Ukraine "About the capital markets and the organized goods markets", to the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", to the Law of Ukraine "About financial services and state regulation of the markets of financial services" and to other regulatory legal acts regulating activities of managing directors.

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