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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 3, 2024 No. 78

About approval of the Regulations on implementation of depository activity of depository institution by the National Bank of Ukraine

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", Articles 3, of 13, of 17, 29 Laws of Ukraine "About depositary system of Ukraine", for the purpose of ensuring implementation of depository activity of depository institution by the National Bank of Ukraine, activities for storage of assets of the pension funds and to settlement of the relations on interaction between the National Bank of Ukraine as depository institution and depositors of Board of the National Bank of Ukraine decide:

1. Approve Regulations on production of depository activity of depository institution by the National Bank of Ukraine which are applied.

2. To management of corporate laws and depository activity of the National Bank of Ukraine (Andrey Suprun) after official publication to inform depositors of depository institution of the National Bank of Ukraine information on adoption of this resolution.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Yury Geletiya.

4. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of July 3, 2024 No. 78

Regulations on implementation of depository activity of depository institution by the National Bank of Ukraine

I. General provisions and determinations of terms

1. This Provision is developed according to the laws of Ukraine "About the National Bank of Ukraine", "About depositary system of Ukraine" (further - the Law), "About the capital markets and the organized goods markets", "About non-state pension provision" (further - the Law on oil refinery), "About financial services and finance companies", "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", "About sanctions", the decision of the National commission on securities and the stock market of October 13, 2015 No. 1707 "Relatively about accomplishment by members of the capital markets of decisions of the National Security and Defense Council of Ukraine on application of personal special economic and other rationing measures (sanctions)" in the Ministry of Justice of Ukraine on October 29, 2015 at No. 1325/27770 (with changes), the decision of the National commission on securities and the stock market of July 30, 2013 No. 1331 "About features of implementation of activities of the National Bank of Ukraine as participant of depositary system of Ukraine", registered in the Ministry of Justice of Ukraine on August 20, 2013 at No. 1431/23963 (with changes) (further - the Solution No. 1331), Regulations on production of depository activity approved by the decision of the National commission on securities and the stock market of April 23, 2013 No. 735, registered in the Ministry of Justice of Ukraine on June 27, 2013 at No. 1084/23616 (with changes) (further - No. Provision 735), Regulations on production of depository and clearing activity and ensuring implementation of payment under transactions concerning securities the National Bank of Ukraine, the Board of the National Bank of Ukraine approved by the resolution of December 21, 2017 No. 140 (with changes) (further - No. Provisions 140), other regulatory legal acts of Ukraine regulating implementation of depository activity and taking into account requirements of the Regulations on application by the National Bank of Ukraine of standard instruments of the regulation of liquidity of bank system approved by the resolution of Board of the National Bank of Ukraine of September 17, 2015 No. 615 (with changes) (further - No. Provision 615), Regulations on the emergency support of liquidity of banks by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of December 14, 2016 No. 411 (with changes) (further - No. Provision 411), Regulations on carrying out by the National Bank of Ukraine in the interbank market of swap transactions of interest rate, the Board of the National Bank of Ukraine approved by the resolution of May 28, 2020 No. 67 (with changes) (further - No. Provision 67), and Regulations on transfer of inventories of cash on storage in authorized banks and carrying out transactions with them approved by the resolution of Board of the National Bank of Ukraine of September 17, 2021 No. 95 (with changes) (further - No. Provision 95), for the purpose of ensuring production by the National Bank of Ukraine (further - National Bank) depository activity of depository institution and activities for storage of assets of the pension funds.

2. Terms in this Provision are used in such value:

1) the account statement in securities of the depositor document, confirming availability on certain timepoint of the rights to securities it is also right on securities of the depositor, provided by depository institution of National Bank upon the demand of the depositor or in other cases established by the legislation of Ukraine and the service agreement of the account in securities;

1-1) account statements in securities of the nominal holder document, confirming availability on the certain timepoint of the rights to securities on the account of the nominee holder belonging to clients of the nominee holder or clients of the client of the nominee holder, provided by depository institution of National Bank upon the demand of the nominee holder or in other cases established by the legislation of Ukraine and the service provision agreement on servicing of the account in securities of the nominee holder;

2) the account holder in valuable papers faces for whom in depository institution of National Bank the account in securities is opened;

3) depositary transaction set of actions of Central Securities Depository (dalee-Tsentralny depositary), depositary of National Bank (concerning securities which accounting according to the competence established by the Law conducts National Bank), depository institution of National Bank on implementation of depository activity by them according to the legislation of Ukraine;

4) depository institution of National bank - the structural division of National Bank, one of the main objectives of which is implementation of depository activity of depository institution by National Bank and activities for storage of assets of the pension funds for Corporate non-state pension fund of National Bank;

5) the depositor owner of securities to which the account in securities is opened by depository institution of National Bank based on the corresponding service agreement of the account in securities, and also depository institution of National Bank which opens own account in securities based on the order of National Bank signed by the Chairman of National Bank;

6) the initiator of depositary transaction face, according to the order or other requirement of which in system of depositary accounting of depository institution of National Bank depository operations are carried out;

7) managing the account in valuable papers statuses who in depository institution of National Bank is acquired by person to whom the depositor confers powers on management of its account in securities, or subject of management of objects of state-owned property which according to the legislation of Ukraine performs functions on the securities management, corporate laws on securities which are objects of state-owned property, belong to the state and it is right on which are considered on such account in securities;

7-1) client - the nominee holder for whom the depository institution of National Bank based on the service provision agreement on servicing of the account in securities of the nominee holder opens the account in securities;

8) operational day-operating time of depository institution of National Bank during which she performs depository operations;

9) operational day of depositary of National bank - operating time determined No. Provision 140, during which depositary of National Bank performs depository operations and/or provides clearing services;

10) operational day of the Central depositary - operating time determined by Rules of Central Securities Depository which are posted on the official website of the Central depositary during which he performs depository operations;

11) the employee of depository institution of National Bank, the employee of National Bank to which main objectives implementation of depository activity of depository institution of National Bank, and also implementation of depository activity on storage of assets of the pension funds belongs;

12) the order document, containing the requirement to depository institution of National Bank to execute one or several interconnected depository operations;

13) the manager of the account in valuable papers statuses who in depository institution of National Bank is acquired by the physical person having powers to sign orders or to provide otherwise, the provided this Provision or the relevant agreements signed with depository institution of National Bank, the drawn-up requirements for accomplishment of transactions in system of depositary accounting;

14) system of automation of depository institution of National Bank - set of program technical means (with the built-in means of information protection of National Bank) which are developed and supported by specialists of National Bank and by means of which automation of depositary accounting and security circulation, the rights and obligations according to transactions concerning securities in the cases provided by this Provision is performed (further - the NBU Depository Institution system).

The term "digital signature of National Bank" (further - the EDS of National Bank) is used in the value given in Regulations on use of the digital signature and electronic seal approved by the resolution of Board of the National Bank of Ukraine of December 20, 2023 No. 172.

The term "qualified digital signature" (further - KEP) is used in the value given in the Law of Ukraine "About electronic identification and electronic confidential services".

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