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It is registered

Ministry of Justice of Ukraine

February 11, 2022

No. 192/37528

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

of December 16, 2021 No. 1229

Concerning requirements to contracts with persons performing clearing activities

According to Article part six 51, parts seven of article 59 of the Law of Ukraine "About the capital markets and the organized goods markets", 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" the National commission on securities and the stock market RESHILA:

1. Approve Requirements to the agreement on clearing implementation which are attached.

2. Make changes to the Requirements to the agreement on carrying out calculations in securities by results of clearing approved by the decision of the National commission on securities and the stock market of August 20, 2013 No. 1524, registered on September 11, 2013 for No. 1566/24098, having been reworded as follows them which is applied the Ministry of Justice of Ukraine.

3. Declare invalid the decision of the National commission on securities and the stock market of August 20, 2013 No. 1525 "About approval of Requirements to the agreement on carrying out cash calculations for results of clearing", registered in the Ministry of Justice of Ukraine on September 11, 2013 for No. 1565/24097.

4. Declare invalid the decision of the National commission on securities and the stock market of August 20, 2013 No. 1527 "About approval of Requirements to the agreement on clearing and payment under transactions concerning securities (about rendering clearing services)", registered in the Ministry of Justice of Ukraine on September 11, 2013 for No. 1570/24102.

5. 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.

6. This decision becomes effective from the date of its official publication.

7. 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

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 16, 2021 No. 1229

Requirements to the agreement on clearing implementation

I. General provisions

1. These Requirements extend to persons performing clearing activities, operators of the controlled market, operators of the organized goods market (commodity exchanges) in case of the conclusion of the agreement on clearing implementation (further - the Agreement), including in case of introduction of amendments to the Agreement.

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

contracts - derivative contracts;

commodity transactions (transactions) - transactions on exchange goods;

the organized market - the controlled market and/or the organized goods market;

transactions - transactions on financial instruments, currency values, and also transactions on other assets (including products) admitted to trading in the organized markets.

Other terms used in these Requirements are applied in the values given in the Law of Ukraine "About depositary system of Ukraine", the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", the Law of Ukraine "About the capital markets and the organized goods markets", the Law of Ukraine "About commodity exchanges".

3. 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 agreement fastening shall be determined by seals (in case of their use) by the written arrangement of the parties.

With the consent of the operator of the organized market the agreement can be signed by joining of the operator of the organized market to the offered person performing clearing activities, to the Agreement in general according to the Civil code of Ukraine and the Economic code of Ukraine. If the conclusion of the Agreement happens by joining of the operator of the organized market to the offered person performing clearing activities, to the Agreement, the text of such Agreement and change in it shall be promulgated on the website of person performing clearing activities. If the conclusion of the agreement occurs/happened by accession, person performing clearing activities shall provide informing the operator of the organized market, by the notification according to the procedure of provision/exchange of information, established by this Agreement, about all changes to such Agreement.

4. Terms of the contract shall provide rendering services on the conditions identical to all operators of the organized market taking into account features of the market which they manage.

Except the cases provided by the law and/or regulations on clearing activities, established by NKTsBFR, person performing clearing activities has no right to refuse to the operator of the organized market the conclusion of the Agreement provided that such operator of the organized market conforms to requirements which are determined by internal documents of person performing clearing activities according to the legislation and provided to person performing clearing activities, all data and documents, stipulated by the legislation and internal documents of person performing clearing activities for the conclusion of the agreement.

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

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