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

of October 16, 2024 No. 09/21/1269/K03

About approval of the Regulations on features of acquisition by foreign legal entities of the status of the professional participant of the capital markets and the organized goods markets

According to Item of 1 part one of article 7 of the Law of Ukraine "About state regulation of the capital markets and the organized goods markets", Article part one paragraph two 44, the paragraph of the fourth of part one of Article 51, Article parts seven 58, parts of the twenty seventh article 71 of the Law of Ukraine "About the capital markets and the organized goods markets", for the purpose of settlement, the capital markets connected with acquisition by foreign legal entities of the status of the professional participant and the organized goods markets and receipt by foreign legal entities of licenses for implementation of certain type of professional activity in the capital markets and the organized goods markets, the National commission on securities and the stock market RESHILA:

1. Approve Regulations on features of acquisition by foreign legal entities of the status of the professional participant of the capital markets and the organized goods markets (further - the Provision) which are applied.

2. To provide to department of methodology of regulation of professional participants of the security market submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To provide to management of administrative activities 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 following behind day on the official website of the National commission on securities and the stock market, except paragraph two of Item 5 of the Section I, Item 9 of the Section III of Provisions which become effective from the date of the introduction Ukraine of membership in the European Union.

5. Determine that it is temporary before entry into force of paragraph two of Item 5 of the Section I, Item 9 of the Section III of Provisions, the authorized foreign legal entities can acquire the status of the professional participant of the capital markets and the organized goods markets according to the procedure, established by the Provision for the foreign legal entities who are not the authorized foreign legal entities.

6. Control over the implementation of this decision to assign to members of the National commission on securities and Baramiya I. G., Boyko Yu. Yu., Ilyin A. V., Shlyakhov Ya. M. stock market.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of October 16, 2024 No. 09/21/1269/K03

Regulations on features of acquisition by foreign legal entities of the status of the professional participant of the capital markets and organized goods markets

I. General provisions

1. This Provision establishes features of acquisition by foreign legal entities of the status of the professional participant of the capital markets and the organized goods markets, and also the procedure for giving and requirements to the statement and document creation represented by foreign legal entities for receipt of the license for implementation of the corresponding type of activity within professional activity in the capital markets and the organized goods markets (further - the license).

2. In this Provision terms are used in the following values:

the authorized foreign legal person - the foreign legal entity whose main office is registered in the state which is the member of the European Union which in accordance with the established procedure received the license/permission/right to implementation of certain type of professional activity in the capital markets and the organized goods markets in the state (states) which, (which) is member (members) of the European Union;

the applicant - the foreign legal entity, including the authorized foreign legal entity who intends to perform certain type of professional activity in the capital markets and the organized goods markets conforms to the requirements established by licensed conditions and submits to the National commission on securities and the stock market the statement and documents for receipt of the license;

the foreign state, belonging to zone of risk is:

the country determined by Group on development of financial measures of counteraction to washing of means (FATF) as belonging to the countries with high risk concerning which it is offered to take measures (High-Risk Jurisdictions subject to a Call for Action);

the country determined by the European Union and/or any of the countries which are part of the Group of Seven (the Group of Seven (G 7)) in accordance with the established procedure, as the state sponsor of terrorism;

the country which performs and/or performed within the previous ten years the armed aggression against Ukraine, and also the country which enter military and/or military-political blocks together with the countries which performed and/or performed within the previous ten years the armed aggression against Ukraine;

licensed conditions - the licensed conditions of implementation of professional activity in the capital markets and the organized goods markets by its separate types established by the National commission on securities and the stock market.

Other terms used in this Provision are used in the values given in the laws of Ukraine and regulatory legal acts of the National commission on securities and the stock market.

3. The foreign legal entity created according to the legislation of the foreign state belonging to risk zone cannot be the applicant who intends to perform certain type of professional activity in the capital markets and the organized goods markets according to this Provision.

4. The foreign legal entity, including the authorized foreign legal entity who intends to perform certain type of professional activity in the capital markets and the organized goods markets acquires the status of the professional participant of the capital markets and the organized goods markets and the right to implementation of certain type of professional activity in the capital markets and the organized goods markets only after receipt of the corresponding license granted by the National commission on securities and the stock market.

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