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of February 24, 2010 No. 196

Some questions of the Agrarian exchange

(as amended on 17-05-2017)

The Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on supervising council of the Agrarian exchange and its structure which are applied.

2. Bring in the resolution of the Cabinet of Ministers of Ukraine of December 26, 2005 No. 1285 "About creation of the Agrarian exchange" (The Official Bulletin of Ukraine, 2005, No. 52, Art. 3321; 2007, No. 46, the Art. 1883) changes which are applied.

Prime Minister of Ukraine

Yu. Tymoshenko

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2010 No. 196

Regulations on supervising council of the Agrarian exchange

1. This Provision determines legal status, powers, procedure for forming of structure, the right and obligation of members, procedure for the organization of work of supervising council of the Agrarian exchange (further - supervising council).

2. In the activities supervising council is guided by the Constitution and the laws of Ukraine, and also the Presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, the Charter of the Agrarian exchange and this Provision.

3. Supervising council according to competence exercises public control over activities of the Agrarian exchange (further - the Exchange), in particular on property administration and ensuring financial stability of the Exchange and observance of the activities purpose by it.

4. Is within the competence of supervising council:

1) approval:

regulations on its secretariat, directorate of the Exchange and service of internal audit;

procedure for guaranteeing accomplishment of exchange agreements (contracts);

2) approval on representation of the Exchange to directorate:

size of fund of guaranteeing commercial risks, other funds of the Exchange and procedure for their use;

procedure for distribution of exchange information;

costs of the exchange place, size and payment due dates of admission and periodic fees;

3) convocation of the regular and extraordinary general meetings of members of the Exchange;

4) assignment of extraordinary checks of audit committee;

5) providing the draft decision to Agrarian fund about modification of Rules of settlement and clearing servicing;

6) decision making concerning the invitation of specialists in questions of the organization of the agrarian market to membership in advisory council;

7) approval of decisions of Agrarian fund is relative:

implementations of payment for implementation by Agrarian fund of any transactions connected with the state price regulation according to the law;

establishment of restrictions concerning trade in subjects to the state price regulation;

establishment of clauses concerning restriction of the right of Agrarian fund temporary to stop or stop the biddings by subjects to the state price regulation in the cases provided by the law;

approval of Rules of settlement and clearing servicing and introduction of changes in them;

other questions which according to the law are in exclusive competence of Agrarian fund.

5. Supervising council performs the activities according to regulations which are approved by its chairman.

6. The citizen of Ukraine who has the higher education can be the member of supervising council.

7. The structure of supervising council, including its chairman, approves the Cabinet of Ministers of Ukraine. Concerning candidates for supervising council the Agrarian fund and founders (participants, members) of the Exchange have the right of providing offers Minagropolitiki.

8. The term of office of the member of supervising council constitutes five years.

9. Members of supervising council work at public bases. Any compensation of property or other expense types in connection with accomplishment of obligations to members of supervising council is not performed.

10. Members of supervising council have the right:

1) to receive reliable and in full information on activities of the Exchange necessary for accomplishment of the obligations;

2) to study documents of the Exchange and to receive their copies. Documents shall go to members of supervising council within five working days from the date of receipt to the Exchange of the corresponding request;

3) to make offers on agenda of meeting of supervising council;

4) to initiate convocation of emergency meeting of supervising council;

5) to express separate opinion in case of disagreement with the decision of supervising council, in particular in writing;

6) to receive materials of checks of audit committee, the internal auditor.

11. Members of supervising council shall:

1) personally to participate in meetings of supervising council and to beforehand report to the chairman about impossibility to take part in them;

2) to act for the benefit of the states and the Exchanges;

3) to be guided in the activities by the legislation, the Charter of the Exchange and this Provision;

4) to conform to the rules of the address and storage of information established by the Exchange with limited access;

5) not to disclose the confidential information and information which is trade secret which became known to them in connection with execution of the obligations.

12. Powers of the member of supervising council stop in case:

1) terminations of their term;

2) submissions of the written application by it about abdication of the member of supervising council;

3) findings of non-resident status or departure out of borders of Ukraine on the permanent place of residence;

4) imprisonments according to the court verdict which took legal effect;

5) death or adoptions by court of the decision on the announcement by the dead or recognition of bezvesta by the missing.

In the specified cases the new member of supervising council before the end of term of office of the member of supervising council is appointed.

13. Chairman of supervising council:

1) organizes its work;

2) is convoked by meeting of supervising council;

3) is coordinated by activities of members of supervising council and distribute obligations between them;

4) signs all documents of supervising council and presides over its meetings.

14. Organizational, information and expert and analytical support of activities of supervising council is performed by directorate of the Exchange.

15. For organizational, information and expert and analytical support of activities of supervising council the secretariat of supervising council, quantitative and which members, and also payment terms of work and responsibility of those employees of the secretariat who work at permanent bases are determined by supervising council can be formed.

The secretariat of supervising council is effective according to regulations on the secretariat.

16. The secretariat of supervising council provides:


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