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It is registered

Ministry of Justice of Ukraine

February 18, 2022

No. 224/37560

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

of February 3, 2022 No. 66

About approval of Requirements to the agreement on carrying out calculations in securities by results of clearing with the National Bank of Ukraine

According to Item 13 parts one of article 8 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", parts seven of article 59 of the Law of Ukraine "About the capital markets and the organized goods markets", the National commission on securities and the stock market solved:

1. Approve Requirements to the agreement on carrying out calculations in securities by results of clearing with the National Bank of Ukraine which are attached.

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

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 Baramiya I.

Commission chairman

R. Magomedov

It is approved:

Acting as chairman of the National Bank of Ukraine

 

Yu.Gelety

Approved by the Decision of the National commission on securities and the stock market of Ukraine of February 3, 2022 No. 66

Requirements to the agreement on carrying out calculations in securities by results of clearing with the National Bank of Ukraine

I. General provisions

1. These Requirements extend to persons performing clearing activities for securities (further - persons performing clearing activities), and the National Bank of Ukraine according to the competence on accounting of securities determined by the Law of Ukraine "About depositary system of Ukraine" (further - the National Bank of Ukraine) in case of the conclusion of the agreement on carrying out payment under securities by results of clearing (further - the Agreement), including in case of introduction of amendments to the Agreement.

2. The terms used in these Requirements are applied in the values given in the Laws of Ukraine "About depositary system of Ukraine", "About state regulation of the capital markets and the organized goods markets", "About the capital markets and the organized goods markets" and so forth.

3. The agreement is signed between person performing clearing activities and the National Bank of Ukraine according to which between person performing clearing activities, and the National Bank of Ukraine performs exchange of information, necessary for implementation of calculations in securities by results of clearing, including information based on which the National Bank of Ukraine carries out depository operations on accounts in securities of clients of the National Bank of Ukraine for the purpose of ensuring execution of transactions concerning securities which accounting according to the competence established by the Law of Ukraine "About depositary system of Ukraine" performs the National Bank of Ukraine, made in the organized markets of the capital and out of them, on condition of carrying out calculations with respect for the principle "delivery of securities against payment".

4. The agreement shall be signed exclusively in writing, be stated in the form of the single document signed by the parties in paper form or in electronic form according to the requirements determined by the Law of Ukraine "About electronic documents and electronic document management".

The fastening of the agreement signed in paper form, seals (in case of their use) shall be determined by the written arrangement of the parties.

5. Except the cases provided by the law and/or regulations on clearing activities established by NKTsBFR, the National Bank of Ukraine has no right to refuse to person performing clearing activities the conclusion of the Agreement on the conditions published on the official website of the National Bank of Ukraine provided that such person performing clearing activities conforms to requirements which are determined by the legislation and documents of the National Bank of Ukraine, and provided to the National Bank of Ukraine all information and documents, stipulated by the legislation and documents of the National Bank of Ukraine for the conclusion of the agreement.

In case the Agreement is signed on other conditions, than the conditions promulgated on the official website of the National Bank of Ukraine, then the conclusion of the Agreement is performed only in case of achievement of consent of the parties on all conditions of such Agreement.

6. The agreement shall establish conditions concerning procedure for disclosure of information which according to the law, belongs to information with limited access.

7. The questions arising during the conclusion, execution, change, agreement cancelation and which are not settled by it are regulated by the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About depositary system of Ukraine", "About the capital markets and the organized goods markets", these Requirements and other regulatory legal acts NKTsBFR or the National Bank of Ukraine.

II. Requirements to the Agreement

1. The agreement shall contain:

date and detention center;

agreement details of the parties;

subject of the agreement;

rights and obligations of the Parties;

responsibility of the parties (including, conditions under which the parties are exempted from liability);

procedure for consideration of disputes which can arise between the parties in the course of accomplishment, change or agreement cancelation;

information security conditions, the requirement for which protection is established by the law;

duration of the agreement, procedure for modification, condition of agreement cancelation and termination of its action.

2. Agreement parties are person performing clearing activities, and the National Bank of Ukraine.

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