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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 2, 2021 No. 130

About approval of the Regulations on procedure for carrying out cash payment under the transactions concerning securities and other financial instruments concluded in the organized markets of the capital and out of the organized markets of the capital with respect for the principle "delivery of securities against payment"

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 20 of the Law of Ukraine "About depositary system of Ukraine", for the purpose of settlement of procedure for carrying out cash payment under transactions concerning securities and other financial instruments the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for carrying out cash payment under the transactions concerning securities and other financial instruments concluded in the organized markets of the capital and out of the organized markets of the capital with respect for the principle "delivery of securities against payment" which is applied.

2. To management of corporate laws and depository activity of the National Bank of Ukraine (Andrey Suprun) after official publication to inform banks and clients of depositary of the National Bank of Ukraine information on adoption of this resolution.

3. The resolution becomes effective in 30 days from the date of its official publication.

Acting as Chairman

Yu.Gelety

Approved by the Resolution of Board of the National Bank of Ukraine of December 2, 2021 No. 130

Regulations on procedure for carrying out cash payment under the transactions concerning securities and other financial instruments concluded in the organized markets of the capital and out of the organized markets of the capital with respect for the principle "delivery of securities against payment"

I. General provisions

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", "About depositary system of Ukraine", other legal acts of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

This Provision determines actions of National Bank, Central Securities Depository (further - the Central depositary), their clients, clearing organizations and banks for ensuring money transfer and/or display by clearing organizations, the Central depositary (in case of implementation of clearing activities by it from determination of obligations) in internal system of accounting of person performing clearing activities (further - system of accounting), scope changes of the rights and obligations concerning money between the parties of the transactions concerning securities and other financial instruments with reflection of transition of right to claim to money including discharge concerning means by results of netting for the purpose of implementation of cash payment under the transactions concerning securities and other financial instruments concluded in the organized markets of the capital and out of the organized markets of the capital with respect for the principle "delivery of securities against payment".

2. Terms in this Provision are used in such value:

1) identification code - identification code in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming / registration code of the nonresident / registration (accounting) number налогоплательщика-нерезидента/регистрационный number of accounting card of the taxpayer;

2) the serving bank - bank which is direct member of SEP and provides settlement services to clients of the Central depositary and/or depositary of National Bank and their depositors, nominee holders, and also National Bank and the Public treasurer service of Ukraine which serve accounts of issuers;

3) the receiver - the client of the Central depositary to which account in securities securities are transferred/are enlisted;

4) the supplier - the client of the Central depositary from which account in securities securities are translated/are written off;

5) calculations with use of special means of SEP - method of carrying out payment under transactions concerning securities by the principle "delivery of securities against payment" by which cash calculations are perfromed by money transfer by the serving banks with use of special means of electronic payment system of National Bank (further - SEP);

6) special means of SEP - means of registration and processing in SEP of the electronic settlement documents used by the serving banks for implementation of cash payment under transactions concerning securities. Provision to the serving banks of information necessary for processing in SEP of electronic settlement documents, is performed by depositary of National Bank or the Central depositary.

Other terms used in this Provision are used in the values determined by the Laws of Ukraine "About the capital markets and the organized goods markets", "About depositary system of Ukraine", other legal acts and regulatory legal acts of National Bank.

3. The National Bank provides carrying out cash payment under the bargains concerning securities concluded in the organized markets of the capital and out of them, with respect for the principle "delivery of securities against payment" according to the procedure, established by regulatory legal acts concerning depository and clearing activity of National Bank.

4. The National Bank, the Central depositary (on condition of receipt of the license for implementation of clearing activities for determination of obligations by it) during implementation of clearing activities by them from determination of obligations within the powers determined for them by the legislation of Ukraine, and also clearing organizations provide implementation of cash payment under the transactions concerning securities and other financial instruments made in the organized markets of the capital and out of them on condition of carrying out calculations for the principle "delivery of securities against payment".

5. The National Bank and the Central depositary provide implementation of cash payment under transactions concerning securities when carrying out calculations for the principle "delivery of securities against payment" with use of special means of SEP if such transactions are made out of the organized markets of the capital and calculations for them are carried out/are provided in the mode of single calculations.

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