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

of December 19, 2006 No. 1528

About approval of the Provision concerning preparation of audit opinions which move in State commission on securities and the stock market in case of disclosure of information by issuers and professional participants of the stock market

According to Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" and article 40 of the Law of Ukraine "About securities and the stock market" State commission on securities and the stock market RESHILA:

1. Approve the Provision concerning preparation of audit opinions which move in State commission on securities and the stock market in case of disclosure of information by issuers and professional participants of the stock market it (is applied).

2. Recognize invalid:

the decision of State commission on securities and the stock market of 25.01.2001 No. 5 "About approval of Requirements to audit opinion which moves in State commission on securities and the stock market in case of registration of information and issue of securities, and also by provision of regular information by open joint stock companies and companies - bond issuing institutions (except commercial banks)", registered in the Ministry of Justice of Ukraine 15.02.2001 for No. 139/5330;

the decision of State commission on securities and the stock market of 28.07.2004 No. 325 "About approval of Requirements to audit opinion which moves in State commission on securities and the stock market for receipt of the license on the osushchestvlena of professional activity in the security market", registered in the Ministry of Justice of Ukraine 27.09.2004 for No. 1217/9816.

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 of Ukraine.

4. 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 Ukraine of December 19, 2006 No. 1528

Provision concerning preparation of audit opinions which move in State commission on securities and the stock market in case of disclosure of information by issuers and professional participants of the stock market

Section I. General provisions

The audit opinion which moves in the Commission in case of registration of release and the prospectus of the issue of securities in case of disclosure of information by the issuer and professional participants of the stock market, in case of receipt of the license for implementation of separate types of professional activity in the stock market, is constituted according to requirements of International standards of audit, provision of confidence and ethics of the International federation of accountants, legislations of Ukraine, including this provision.

Section II. Preparation of audit opinion which moves in the Commission, in case of disclosure of information by issuers and professional participants of the stock market

1. The audit opinion which moves in the Commission as a part of regular information of the issuer and administrative these professional participants of the stock market is constituted according to requirements of International standards of audit, provision of confidence and ethics, in particular International standards of audit 700, of 701, 720.

2. The opinion of the auditor relatively is in audit opinion in addition in the separate Section directly behind the paragraph about auditor opinion:

disclosures of information on asset types according to the established standard rates, in particular national (provisions) of accounting standards and/or International accounting standards;

disclosures of information on obligations according to the established standard rates, in particular national (provisions) of accounting standards and/or International accounting standards;

disclosures of information on equity according to the established standard rates, in particular national (provisions) accounting standards and/or International accounting standards;

compliance of net assets value to requirements of the legislation;

payments by joint-stock company and limited liability company of authorized fund (capital) in the terms established by the legislation (it is paid fully or partially). If the authorized capital (capital) is paid not in full, the size of the paid and unpaid part of authorized fund (capital) is specified;

observance of liquidity requirements of professional participants of the stock market for whom these indicators are determined by the Commission;

ensuring issue of securities according to the legislation of Ukraine (type, the size and the description of providing on securities) (in the presence);

compliance of mortgage covering of mortgage bonds to data of the register of mortgage covering according to the Law of Ukraine "About mortgage bonds";

disclosures of information concerning amount of net profit;

conditions of accomplishment of obligations on debt and to mortgage securities (type and the size of obligations on securities, timeliness and completeness of accomplishment of obligations on securities according to the prospectus of the issue);

compliance to requirements of the legislation of Ukraine of the size of equity of the company for asset management which has assets of non-state pension funds in management;

disclosures of information on actions which took place within accounting year and can affect financial and economic condition of the issuer and lead to considerable change in value of its securities determined by part one of article 41 of the Law of Ukraine "About securities and the stock market".

The auditor can express opinion concerning other indicators according to the laws of Ukraine and regulatory legal acts of the Commission.

3. In case of disclosure of regular annual information by issuers of shares and bonds of the companies who are in listing of the organizer of trade (except institutes of joint investment) the audit opinion in the form of the electronic document shall be fastened by the digital signature which strengthened certificates of open keys are issued by the accredited center of certification of keys.

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