It is registered
Ministry of Justice of Ukraine
January 23, 2007
of December 12, 2006 No. 1449
About approval of Rules (conditions) of implementation of activities for the securities trading: broker activities, dealer activities, underwriting, securities management
According to the Civil code of Ukraine, article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine", Articles 17, 26, 27 Laws of Ukraine "About securities and the stock market" State commission on securities and the stock market RESHILA:
2. Consider invalid the order of State commission on securities and the stock market of 23.12.96 No. 331 "About approval of Rules of implementation by dealers in securities of business and commission activity on securities", registered in the Ministry of Justice of Ukraine 25.12.96 for No. 743/1768, at the same time with the introduction in action of these rules.
3. To provide to the chief of staff of State commission on securities and the stock market M. Nepran:
provision on state registration of this decision in the Ministry of Justice of Ukraine;
publication of this decision according to the legislation.
5. Control over the implementation of this decision to assign to the Chief of staff of State commission on securities and the stock market M. Nepran.
Approved by the Decision of State commission on securities and the stock market of December 12, 2006 No. 1449
1. These rules are developed for the purpose of establishment of requirements and procedure by dealers in securities (further - dealers) professional activity in the stock market (security market) - activities for the securities trading.
2. These rules establish the main requirements to activities of dealers, transactions and transactions with securities and other financial instruments, stipulated by the legislation in activities of dealers, to rules of the organization of internal accounting of dealers (further - internal accounting), and also fundamental obligations of dealers.
3. Dealers, including their branches and other separate divisions, shall observe requirements of the these rules and other regulatory legal acts of the National commission on securities and the stock market (further - the Commission) establishing features of implementation by dealers of separate transactions concerning securities and other financial instruments, during transactions, the property rights to securities and other financial instruments connected with transition and is right on securities and other financial instruments.
In these rules the terms below are used in such value:
date of agreement performance - signature date of the document confirming accomplishment by the parties of the obligations provided by the agreement and/or date of approach of the last of such events which can happen in any sequence: transition of the property right to securities or other financial instruments which are objects of the civil laws under the agreement, or implementation of payment under the agreement if the parties did not agree about other;
date of the conclusion of the agreement - date of achievement of consent by the parties concerning all essential terms of the contract and signing of the relevant contract concerning transactions with securities or other financial instruments (except the loan agreement);
the dealer agreement - the purchase and sale agreement (exchange, loan) of securities or other financial instruments which consists the dealer on its own behalf and at own expense;
the agreement of underwriting - the agreement which is signed between the dealer (underwriter) and the issuer concerning securities disposal and/or implementation of the actions or provision of services connected with such alienation from name and at the expense of the issuer for remuneration;
the agreement of the order - the agreement under which one party (attorney) shall make certain legal acts with securities and/or other financial instruments from name and at the expense of other party (principal), including introduction of amendments to the agreement or termination of such agreement;
the commission agreement - the agreement under which one party (broker) undertakes to make for a fee at the request of the second party (consignor) one or several transactions concerning securities or other financial instruments on its own behalf at the expense of the consignor;
the contract for broker servicing - the agreement signed between the dealer and the client who provides the dealer of services concerning the conclusion of security transactions or other financial instruments based on non-repeat orders of the client;
the contract for accomplishment - the purchase and sale agreement (exchange, loan, repo) of securities or other financial instruments which consists the dealer (the broker, the attorney, the manager) with the third party (partner) on accomplishment of terms of the contract of the commission, the agreement of the order, the agreement on management signed between the dealer and his client or the non-repeat order of the client to the contract for broker servicing;
the contract for acquisition of securities when underwriting (further - the contract for acquisition) - the purchase and sale agreement of securities which is signed by the dealer (underwriter) with the first owner (partner) on agreement performance of underwriting and based on the request for acquisition, and also the purchase and sale agreement of securities or other financial instruments which consists the dealer (underwriter) with the issuer concerning purchase by the dealer (underwriter) of all or part of unrealized securities or other financial instruments on the fixed price determined in the agreement of underwriting;
cooperation agreement - the bilateral or multi-lateral agreement which is signed between underwriters for the purpose of the organization of public placement of securities;
the agreement on the securities management, other financial instruments and money intended for investment into securities and other financial instruments (further - the agreement on management) - the agreement under which one party (the fitter of management) transfers to the second party (manager) to certain term object (objects) of management for the benefit of the fitter of management or the third parties determined by it for remuneration;
the client - person, in interests and at the expense of which the dealer acts the relevant agreement under or the nominee holder based on the contract with whom the dealer acts for the benefit of also for customer account of the nominal holder / customer of the client of the nominee holder;
the dealer's partner (further - the partner) - person signing the purchase and sale agreement (exchange) of securities or other financial instruments with the dealer including foreign investment firm when implementing transactions with securities and other financial instruments which are in circulation outside Ukraine;
the foreign investment firm - the foreign credit institution registered in the state which is the member of the European Union and/or Groups of development of financial measures of anti-money laundering (FATF), or Committee of experts of the Council of Europe according to measures of counteraction to washing of means and to financing of terrorism (MONEYVAL) (except the states performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" and/or actions of which create conditions for emergence of armed conflict, use of the armed force against Ukraine), according to the legislation of this state performs activities for provision of investment services based on corresponding license(s) (permission(s)) issued by authorized body of this state;
investment objects - the securities and other financial instruments determined by the laws of Ukraine;
objects of management - the securities, other financial instruments and money intended for investment into the securities and other financial instruments transferred to the control in case of the conclusion of the agreement on management and also securities, others financial the tools and money acquired by the fitter of management in connection with accomplishment by the manager of the agreement on management;
repo operation - purchase transaction (sales) of securities with the obligation of their return sale (purchase) through certain term at previously stipulated price which is performed based on the single repurchase agreement;
The "suspicious" agreement - the purchase and sale agreement (exchanges, repo) concluded in the stock or curb market which price for the listing securities and securities used for calculation of the stock stock index differs from the last stock exchange rate calculated within 12 months for 20% and more and for extra listing securities differs from the last closing price of trading day calculated within 12 months for 50% and more. Subject of the "suspicious" agreement are only the securities included in the stock exchange list at least by one of stock exchanges;
the software module - the specialized software product including placed in the hardware-software circle of the mobile electronic device of the client of the dealer who performs function of means of identification and is used in systems of remote customer service of the dealer and corresponds to the regulatory legal act of the National commission on securities and the stock market which determines requirements to software products which are used in the stock market, and also is included in the list of software products in the stock market which is conducted by the National commission on securities and the stock market according to the regulatory legal act of the National commission on securities and the stock market concerning procedure for accounting of software products in the stock market by means of which transactions concerning securities and other financial instruments in the cases provided by Rules, according to the procedure are made established by internal documents of such dealer;
direct electronic access to the exchange biddings - set of procedures according to which the dealer who is the member of stock exchange gives the chance to clients to use the remote access for the bidder to electronic trading system of this stock exchange that allows clients by means of special software of the member of stock exchange (direct market access) or without use of such special software of the member of stock exchange (the sponsored access), to give, change or delete requests which consequence of accomplishment the conclusion of exchange contracts according to stock exchange rules is, to obtain information which is opened by stock exchange and to perform other actions necessary for participation in the biddings at this exchange;
the non-repeat order - the order of the client which is drawn up according to requirements of these rules to the dealer on the conditions established by the client to provide service of certain type (purchase, sale, exchange, loans, repo operation implementation) with certain securities or other financial instruments based on the contract for broker servicing;
details of identification of the agreement - date and the place of agreement, type and agreement number on numbering which is performed in the procedure established by the dealer according to requirements of these Rules;
Details of identification of security or other financial instrument - the type/type/version/name of securities; series of securities - in the presence; type of option certificates - for release of option certificates, type of other financial instrument; the name (designation) of the derivative accepted on the stock exchange, including on foreign; the name of the issuer of security or other financial instrument (or person which issued security), surname, name, middle name (in the presence) person which issued security; the EGRPOU code - for the issuer (or person which issued security) - resident, number of registration - for the issuer (or person which issued security) - the nonresident, for the physical person which issued security - registration number of accounting card of the taxpayer (in case of absence according to the legislation - it is not specified); international security identification number (for issued securities, and also other financial instruments if assignment of this code for them is provided by the laws of Ukraine or the legislation of the country of their placement) or number of primary placement according to the announcement of the Ministry of Finance of Ukraine of holding the auction (for government bonds of Ukraine); other details of identification according to type of the financial instrument;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.