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Ministry of Justice of Ukraine

August 31, 2009

No. 818/16834

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

of August 4, 2009 No. 884

About approval of the Regulations on order of registration of changes to stock exchange rules concerning implementation in the address on the stock exchange of derivatives

(as amended on 21-06-2018)

According to articles 23-25 of the Law of Ukraine "About securities and the stock market", Items 3, 7 parts two of article 7 of the Law of Ukraine "About state regulation of the market tse

1. Approve Regulations on order of registration of changes to stock exchange rules concerning implementation in the address on the stock exchange of derivatives which is attached.

2. To provide to the member of State commission on securities and the stock market Burmake M. O.:

submission of this decision on implementation of examination on compliance of the Convention on human rights protection and basic freedoms in the Secretariat of the Government representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;

submission of this decision on registration in the Ministry of Justice of Ukraine.

3. (N. Piskun) to provide to management of organizational support of work of the commission chairman and international backgrounds publication of this decision according to requirements of the legislation of Ukraine.

4. Control over the implementation of this decision to assign to the member of State commission on securities and the stock market Burmaka M. O.

5. This decision becomes effective from the date of official publication.

Commission chairman

S. Petrashko

 

Approved by the Decision of State commission on securities and the stock market of August 4, 2009 No. 884

Regulations on order of registration of changes to stock exchange rules concerning implementation in the address on the stock exchange of derivatives

I. General provisions

1. This Provision is developed according to articles 23-25 of the Law of Ukraine "About securities and the stock market", Items 3, 7 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine" and other regulatory legal acts.

2. This Provision establishes order of registration of changes to stock exchange rules concerning implementation in the address on the stock exchange of derivatives, in particular futures contracts and options.

3. Terms which are used in this Provision are used in such value:

interest rate - the amount of payment for use of the funds raised by the borrower at the creditor for certain term expressed as a percentage;

class of options - set of all purchase options or sale of one underlying asset;

option series - set of options of one release with the identical price of accomplishment;

option award - the price which is paid by the option buyer to his seller for the acquired right to use the option.

4. Transactions on derivatives can be performed on the stock exchanges created according to the legislation according to rules and changes to them concerning implementation in the address on the stock exchange of derivatives established by stock exchanges and the registered National commission on securities and the stock market (further - the Commission).

The stock exchange creates organizational, technology, information, legal and other conditions for the centralized conclusion and agreement performance concerning derivatives, and also system of guarantees and risk management in case of the conclusion and execution of derivatives.

Carrying out all transactions on derivatives is performed in national currency of Ukraine (concerning payment of margin, warranty covering, exchange remuneration, commission charges and so forth), except case of delivery of underlying asset - foreign currency on the corresponding derivative.

5. The model form of the derivative affirms authorized body of stock exchange and shall meet the requirements of the Regulations on requirements to standard (standard) form of derivatives approved by the resolution of the Cabinet of Ministers of Ukraine of 19.04.99 No. 632, and this Provision.

II. Futures contract

1. The futures contract - the standard document which certifies obligations to acquire (to sell) securities, goods or means in certain time and under certain conditions in the future, with fixing of the prices of the moment of accomplishment of obligations by contract parties.

2. The model form of the futures contract shall contain such details:

the name of the contract (with obligatory specifying of the words "futures contract" in it);

contract type (with delivery of underlying asset or without delivery of underlying asset);

contract parties;

underlying asset of the contract and its characteristic (the issuer, type and the number of securities, its nominal cost, circulation period, birzhevy security price, other data for securities; type and quantity of currency - for means; quantity, assortment - for other goods);

contract amount;

size of initial margin;

mechanism of determination of the price of the accomplishment moment;

accomplishment price;

price unit of measure;

accomplishment term;

responsibility of the parties in case of failure to carry out or inadequate accomplishment of the obligations established by this contract;

procedure for consideration of the disputes arising during the conclusion and contract performance;

addresses, signatures, seals (in the presence), bank account details (for legal entities) and passport data (for physical persons) contract parties.

Besides, may contain such details:

method of accomplishment of obligations according to the futures contract (delivery of underlying asset or settlement accomplishment);

the delivery date (date of accomplishment of obligations according to the futures contract);

technique of determination of the quoted price;

minimum admissible change in price of the futures contract (current);

procedure for contract performance;

technique of determination of estimated price;

The paragraph of the twenty second is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 21.06.2018 No. 408.

3. Any party of the futures contract has the right to refuse its accomplishment only in the presence of the consent of other contract party or in the cases determined by the civil legislation.

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