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The document ceased to be valid since  December 5, 2014 according to Item 1 of the Decision of the National commission on securities and the stock market of Ukraine of October 28, 2014 No. 1447

It is registered

Ministry of Justice of Ukraine

July 27, 2009

No. 697/16713

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

of May 12, 2009 No. 450

About approval of the Regulations on requirements to the bank providing to depositary services for implementation of cash agreement settlements concerning securities, and the Standard agreement about cash calculations for transactions concerning securities

According to Articles 3, 7 and 8 Laws of Ukraine "About state regulation of the security market in Ukraine", part three of article 8 of the Law of Ukraine "About National depositary system and features of electronic security circulation in Ukraine", for the purpose of ensuring carrying out cash agreement settlements concerning securities when implementing by depositary of settlement and clearing activities and prevention of violations of the law when servicing security circulation in National depositary system of Ukraine State commission on securities and the stock market RESHILA:

1. Approve applied:

Regulations on requirements to the bank providing to depositary services for implementation of cash agreement settlements concerning securities;

The standard agreement about cash calculations for transactions concerning securities.

2. To clearing depositaries to bring the contracts on cash calculations for transactions signed by them concerning securities into compliance with requirements of the Standard agreement about cash calculations for transactions concerning securities approved by this decision no later than 60 calendar days from the date of the introduction it in force.

3. This decision becomes effective in 30 days after state registration in the Ministry of Justice of Ukraine.

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

state registration of this decision in the Ministry of Justice of Ukraine;

the publication of this decision according to the legislation.

5. Control over the implementation of the decision to assign to the member of the commission V. Petrenko.

Commission chairman A. Balyuk

Approved by the Decision of State commission on securities and the stock market of May 12, 2009 No. 450

Regulations on requirements to the bank providing to depositary services for implementation of cash agreement settlements concerning securities

1. This Provision is developed according to Articles 3, 7 and 8 Laws of Ukraine "About state regulation of the security market in Ukraine", part three of article 8 of the Law of Ukraine "About National depositary system and features of electronic security circulation in Ukraine", article 5 of the Law of Ukraine "About payment systems and money transfer in Ukraine" and other regulatory legal acts of Ukraine and determines requirements to the bank providing to depositary services for implementation of cash agreement settlements concerning securities.

2. According to the Laws of Ukraine "About National depositary system and features of electronic security circulation in Ukraine", "About banks and banking activity", "About payment systems and money transfer in Ukraine" can provide to depositary services concerning implementation of cash payment (money transfer) under agreements concerning securities:

The National Bank of Ukraine according to Item 7 of article 7 of the Law of Ukraine "About the National Bank of Ukraine";

bank based on the banking license granted by the National Bank of Ukraine (further - clearing bank).

3. Activities of clearing bank are regulated by the requirements established by the legislation for specialized banks.

4. Provision to depositary of services concerning implementation of cash payment (money transfer) under agreements concerning securities is performed based on the agreement on cash calculations for transactions concerning securities which consists between depositary and the National Bank of Ukraine or clearing bank.

The standard form of the agreement on cash calculations for transactions concerning securities affirms State commission on securities and the stock market in coordination with the National Bank of Ukraine.

The agreement on cash calculations for transactions concerning securities between depositary and clearing bank or the National Bank of Ukraine, except the requirements provided by standard form of the agreement on cash calculations for transactions concerning securities may contain other requirements in the consent of the parties.

5. The clearing bank cannot directly or through the connected persons to own more than 25 percent of the authorized capital of depositary.

6. The depositary and clearing bank cannot be at the same time each other shareholders.

7. The clearing bank providing services to depositary for implementation of cash calculations (money transfer) for transactions concerning securities is forbidden to use information which became it known in result of implementation of these calculations, in the interests or interests of the third parties that surely is specified in the agreement on cash calculations for transactions concerning securities.

8. The clearing bank shall develop and approve regulations and procedures of cash calculations (money transfer) for transactions concerning securities and to keep their account according to the procedure, determined by the legislation.

9. The clearing bank shall have at least one branch and/or department in each area of Ukraine, the Autonomous Republic of Crimea, the cities of Kiev and Sevastopol.

10. The clearing bank shall provide protection, integrity and confidentiality of information exchange with depositary by implementation of electronic document management with use of the digital signature and means of cryptographic information security.

 

Department director

regulation methodologies

security market of O. Tarasenko

Approved by the Decision of State commission on securities and the stock market of May 12, 2009, No. 450

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