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

of December 30, 2021 No. 1310

About approval of Requirements to the authorized electronic system

According to article 110 of the Law of Ukraine "About the capital markets and the organized goods markets" and Item 13 parts one of article 8 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", the National commission on securities and the stock market solved:

1. Approve Requirements to the authorized electronic system which are attached.

2. To Central Securities Depository is six months from acceptance date not later the National commission on securities and the stock market of the decision on authorization of software and hardware complex of the Central Securities Depository intended for holding meeting of bondholders to provide creation of complex system of information security of the authorized electronic system with the confirmed compliance in the procedure established by the legislation of Ukraine and to provide supporting documents in NKTsBFR.

3. To department of information technologies (Stutterer A.) 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 from the date of its official publication.

5. Control over the implementation of this decision to assign to the member of the commission Boyko Yu.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 30, 2021 No. 1310

Requirements to the authorized electronic system

I. General provisions

1. These Requirements are developed according to part four of article 110 of the Law of Ukraine "About the capital markets and the organized goods markets" (further - the Law), and establish requirements to creation, authorization by the National commission on securities and the stock market and further functioning of the authorized electronic system which is intended for holding meeting of bondholders.

2. In these Requirements terms are used in such values:

the authorized electronic system is the software and hardware complex of Central Securities Depository authorized by NKTsBFR (further - PTK TsD) which conforms to the Requirements established by NKTsBFR (further - the authorized system);

the software and hardware complex of the Central depositary intended for holding meeting of bondholders (PTK TsD) - the software and hardware complex (set of modules and components) created taking into account these Requirements which 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 and processes determined by the legislation;

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 electron of bonds (his representative) for participation in meeting of bondholders can be performed the direction of voices and other actions providing identification of the owner (his representative) based on this the corresponding list of bondholders constituted according to the legislation on depositary system with by 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 about confirmation code of identification of person, the bondholder (his representative) gets it on the 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;

documentation - the interconnected documents or the document which/which contains the description of functionality of software and hardware complex, project and organizational decisions for ensuring functioning, check of functioning of software and hardware complex;

the specification - the document which determines the purpose, the bases of appointment, the requirement which are necessary for development of PTK TsD;

integrity of information - conditions under which information is stored, transferred and accepted without changes.

The term "nominee holder" is used in the value given in the Law of Ukraine "About depositary system of Ukraine", the term "meeting of bondholders" - in the value given in the Law of Ukraine "About the capital markets and the organized goods markets".

3. Functionality of PTK TsD shall conform to the requirements provided in the Law of Ukraine "About the capital markets and the organized goods markets", the procedure for holding meetings of bondholders approved by the decision of NKTsBFR and to these Requirements.

PTK TsD shall conform to Requirements to software products which are used in the stock market, and to the software of the automated, information and information and telecommunication systems intended for implementation of professional activity in the stock market, depository activity of Central Securities Depository, by the approved decision of NKTsBFR of October 02, 2012 No. 1342, registered in the Ministry of Justice of Ukraine on October 19, 2012 for No. 1760/22072, taking into account the features established by these Requirements.

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