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It is registered

Ministry of Justice of Ukraine

March 2, 2022

No. 274/37610

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

of December 24, 2021 No. 1259

About approval of the Procedure for holding meeting of bondholders

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", to Articles 109, 110 Laws of Ukraine "About the capital markets and the organized goods markets" the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for holding meetings of bondholders which is applied.

2. This Procedure is applied to bond issues of the companies which issue was performed before entry into force of the Law of Ukraine "About the capital markets and the organized goods markets".

3. This Procedure in part which concerns meeting of bondholders of internal local loans is applied to bond issues of internal local loans from the date of their transfer on servicing to Central Securities Depository.

4. In the capital markets and the organized goods markets (Peresunko D.) to provide to department of methodology of corporate management, corporate finances, financial instruments:

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.

5. This decision becomes effective from the date of, its official publication following behind day.

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Libanov M.

Commission chairman

R. Magomedov

 

It is approved:

First deputy minister of digital transformation of Ukraine

 

A. Vyskub

 

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 24, 2021, No. 1259

Procedure for holding meeting of bondholders

I. General provisions

1. This Procedure determines competence, procedure for convocation and holding meeting of bondholders according to the Law of Ukraine "About the capital markets and the organized goods markets" (further - the Law), features of holding meeting of bondholders of several bond issues of one issuer.

2. This Procedure is applied to such types of bonds which issue is performed according to the Law:

1) regular corporate bonds;

2) bonds of internal local loans.

This Procedure are applied to mortgage bonds with the features determined by the Law of Ukraine "About mortgage bonds".

This Procedure are applied to bonds of international financial institutions if it is directly provided by the prospectus of such bonds.

3. All services of Central Securities Depository (further - the Central depositary) and depository institutions on holding meeting of bondholders according to this Procedure are depositary services.

4. In this Procedure terms are used in such value:

1) the authorized electronic system is the software and hardware complex of the Central depositary authorized by the National commission on securities and the stock market which conforms to the Requirements to the authorized electronic system approved by the decision of the National commission on securities and the stock market of December 30, 2021 No. 1310, registered in the Ministry of Justice of Ukraine on January 22, 2022 for No. 77/37413, and provides identification and registration of owners of securities (their representatives) for participation in meeting of owners of securities, receipts of documents which owners of securities can examine during preparation for meeting, vote by the bulletin and participation in discussion of questions of the agenda, summing up vote concerning the agenda of meeting, and also realization of other functions determined by the legislation;

2) alternative authentication - the procedure (means) of electronic identification and authentication of the bondholder (his representative) in the authorized electronic system, with which use in the authorized electronic system identification and confirmation of actions of the bondholder (his representative) in the authorized electronic system, in particular, registration of the bondholder (his representative) for participation in meeting of bondholders, the direction of voices and other actions which assumes identification and authentication of the owner (his representative) based on this can be performed, the corresponding list of bondholders constituted according to the legislation on depositary system with use of unique value of depositary account code in securities of the bondholder or the account in securities of the nominee holder (if bonds are considered on the account in securities of the nominee holder, client (the client's client) of which is the bondholder), disposable confirmation code of identification of the personality which the bondholder (his representative) gets on its e-mail address and number of the mobile phone specified in system of depositary accounting according to the procedure, determined by the legislation on depositary system, and also the password created by the bondholder (his representative) to the first authentication in the authorized electronic system and known only to such person;

3) identification - means of identification of the personality on set of general and separate data (details of person) who is performed according to this Procedure in the authorized electronic system by means of the qualified digital signature and/or other means of electronic identification conforming to the Requirements to the authorized electronic system approved by the decision of the National commission on securities and the stock market of December 30, 2021 No. 1310, registered in the Ministry of Justice of Ukraine on January 22, 2022 for No. 77/37413;

4) the direction through depositary system of Ukraine - provision by professional participants of depositary system of Ukraine of the relevant information to members of the capital markets according to the Procedure for the direction of notifications and information through depositary system of Ukraine approved by the decision of the National commission on securities and the stock market of March 7, 2017 No. 148, registered in the Ministry of Justice of Ukraine on March 28, 2017 for No. 408/30276 (in edition of the decision of the National commission on securities and the stock market of July 15, 2021 No. 499);

5) non-redeemed bonds - bonds of the registered release on which the global certificate, except bonds of the corresponding release which are redeemed or extinguished by the issuer is drawn up;

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