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The document ceased to be valid since  January 24, 2017 according to Item 2 of the Decision of the National commission on securities and the stock market of Ukraine of November 29, 2016 No. 1174

It is registered

Ministry of Justice of Ukraine

March 31, 2009

No. 288/16304

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

of March 5, 2009 No. 244

About approval of the Regulations on registration of release of certificates of fund of real estate transactions, the prospectus of the issue, report on results of placement of certificates of fund of real estate transactions, repayment of certificates of fund of real estate transactions and cancellation of registration of release

(as amended on 28-08-2012)

According to Articles 28 - 30, 35, 36 Laws of Ukraine "About securities and the stock market", article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine" and Articles 36, 44 - 46 Laws of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions" State commission on securities and the stock market RESHILA:

1. Approve Regulations on registration of release of certificates of fund of real estate transactions, the prospectus of the issue, report on results of placement of certificates of fund of real estate transactions, repayment of certificates of fund of real estate transactions and cancellation of registration of release (further - the Provision) which are applied.

2. This decision becomes effective according to the legislation, except the paragraph of the nineteenth Item 1 of the Section II of Provisions which becomes effective after modification of the order of State commission on regulation of the markets of financial services of Ukraine of 29.07.2004 No. 1866 "About approval of the Regulations on issue to non-bank financial institution - to the manager of permission to the acceptance right to itself(himself) of commercial risks during creation of fund of financing of construction of type of B and/or permission to the right of implementation of issue of certificates of fund of real estate transactions", registered in the Ministry of Justice of Ukraine on September 1, 2004 for No. 1084/9683, regarding receipt of permission to the right of implementation of issue of certificates of fund of real estate transactions.

Before entry into force of corresponding changes non-bank financial institutions file documents according to Item 3 of the Section II of Provisions.

3. Recognize invalid decisions of State commission on securities and the stock market: of 04.10.2005 No. 511 "About approval of the Regulations on order of registration of release of certificates of fund of real estate transactions which are issued in undocumented form, information on their release and the prospectus of the issue", registered in the Ministry of Justice of Ukraine 26.10.2005 for No. 1271/11551; of 14.02.2006 No. 106 "About approval of the Order of registration of the report on results of release of certificates of fund of real estate transactions", registered in the Ministry of Justice of Ukraine 28.03.2006 for No. 334/12208; of 14.02.2006 No. 107 "About approval of the Regulations on procedure for repayment and cancellation of registration of release of certificates of fund of real estate transactions which are issued in undocumented form", registered in the Ministry of Justice of Ukraine 28.03.2006 for No. 335/12209.

4. To the chief of staff of State commission on securities and stock market Nazarenko Yu. M. provide:

submission of this decision on state registration 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 Nazarenko Yu. M.

Commission chairman

A. Balyuk

Approved by the Decision of State commission on securities and the stock market of Ukraine of March 5, 2009 No. 244

Regulations on registration of release of certificates of fund of real estate transactions, prospectus of the issue, report on results of placement of certificates of fund of real estate transactions, repayment of certificates of fund of real estate transactions and cancellation of registration of release

Section I. General provisions

1. The provision is developed according to Articles 36, 44 - 46 Laws of Ukraine "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions" (further - the Law), Articles 28 - 30, 35, 36 Laws of Ukraine "About securities and the stock market", article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine" and other regulatory legal acts.

This Provision establishes order of registration in the National commission on securities and the stock market (the body of registration) release of certificates of fund of the real estate transactions issued in undocumented form (further - certificates of FON is farther), and the prospectus of the issue, the report on results of placement of certificates of FON, repayment of certificates of FON and cancellation of registration of release of certificates of FON.

2. For this Provision terms are used in such value:

series of certificates of FON - set of certificates of FON of one issuer within one release of certificates of FON which have single registration number identical conditions and terms of placement, the address, payment of the income and repayment and grant to their owners the identical rights;

the financial reporting - accounting records which contain information on financial position, results of activities and cash flow of the issuer for the accounting period.

3. The bank or non-bank financial institution if they have permission to implementation of issue of own securities (for banks) or permission to the right of implementation of issue of certificates of FON (for non-bank financial institutions) can be the issuer of certificates of FON.

4. Registration can be performed in case of accomplishment of such requirements:

the total nominal cost of certificates of FON issued by the issuer cannot exceed the tenfold size of equity of the issuer;

the amount of the release of certificates of FON performed within issue shall be in the amount equivalent it is at least 100 thousand euros at the rate of the National Bank of Ukraine on the date of decision making about issue of certificates of FON;

payment of certificates of FON in case of their placement is performed only by money.

5. The issuer can make the decision on placement of certificates of FON after receipt of permission to implementation of issue of own securities (for banks) or permissions to the right of implementation of issue of certificates of FON (for non-bank financial institutions).

The number of releases of certificates of FON of one issuer which at the same time are in circulation is not limited.

Concerning each release of certificates of FON the issuer makes the separate decision.

6. Placement of certificates of FON is performed by the open (public) or closed (private) placement.

Placement of certificates of FON is performed by the issuer independently or through the underwriter(s) which were concluded with the issuer by the agreement on underwriting.

Placement and the circulation of certificates of FON which are provided to the closed (private) placement are performed among legal entities and physical persons - participants of the closed (private) placement whose circle is previously determined in the decision on release of certificates of FON. The number of participants of the closed (private) placement of certificates of FON cannot exceed hundred persons.

The term of the closed (private) placement of certificates of FON cannot exceed two months from start date of placement. If the certificates of FON provided to placement are issued by different series, the term of the closed (private) placement of separate series certificates of FON cannot exceed two months from start date of placement of this series.

Open (public) placement of certificates of FON provides the offer of certificates of FON in advance not to certain number of persons.

The term of open (public) placement of certificates of FON cannot exceed one year from start date of placement. If certificates of FON are issued by different series, the term of open (public) placement of separate series of certificates of FON cannot exceed one year from start date of placement of certificates of FON of this series.

Open (public) placement of certificates of FON earlier, than in 10 days after publication of the prospectus of the issue in full in the official printing publication of body of registration is forbidden.

7. The circulation of certificates of FON is allowed after registration of the report on results of placement of certificates of FON and receipt of the registration certificate of release of certificates of FON.

The circulation of certificates of FON stops according to the decision on release of certificates of FON, the prospectus of the issue and rules BACKGROUNDS, and also according to the decision of body of registration.

8. At the initiative of the issuer release or separate series of certificates of FON can be redeemed ahead of schedule.

9. The procedure of issue of certificates of FON includes such stages:

1) receipt of permission to implementation of issue of own securities (for banks) or permissions to the right of implementation of issue of certificates of FON (for non-bank financial institutions);

2) adoption by the issuer of the decision on release of certificates of FON;

3) the conclusion with depositary of the service agreement of issue of certificates of FON;

4) submission of the statement and all necessary documents to body of registration for registration of release of certificates of FON and prospectus of their issue;

5) state registration of release of certificates of FON and prospectus of their issue and issue of the interim certificate on registration of release of certificates of FON;

6) assignment to certificates of FON of the international identification number;

7) deposition of the temporary global certificate;

8) disclosure of information which contains in the registered prospectus of the issue of certificates of FON, in full according to part seven of article 30 of the Law of Ukraine "About securities and the stock market" at least in 10 days prior to open (public) placement of certificates of FON or provision of the registered prospectus of the issue to persons who are participants of placement according to the relevant decision of the issuer, at least in 10 days prior to the closed (private) placement of certificates of FON;

9) placement of certificates of FON;

10) submission of the report on results of placement of certificates of FON to body of registration;

11) registration of the report on results of placement of certificates of FON and receipt of the registration certificate of release of certificates of FON;

12) disclosure of information which contains in the registered report on results of placement of certificates of FON (in case of open (public) placement), by publication of the report in one of official printing publications of body of registration not later than in 15 working days from registration date of the report on results of placement of certificates of FON (series of certificates);

13) provision by the issuer in depositary with which the service agreement of issue of certificates of FON is signed and the temporary global certificate, copies of the registration certificate of release of certificates of FON is drawn up. Based on the registration certificate of release of certificates of FON the issuer renews the global certificate on the new number of certificates of FON taking into account results of placement of certificates of FON;

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