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IT IS REGISTERED

in the Ministry of Justice of Ukraine

August 14, 2001.

No. 694/5885

BOARD DECISION OF NATIONAL DEPOSITARY OF UKRAINE

of July 25, 2001 No. 8/1

About approval of the Procedure for purpose of individual identification codes to owners of securities - nonresidents

According to requirements of item 2.7 of the Regulations on accounting of the property rights of nonresidents of securities of the Ukrainian issuers approved by the decision of State commission on securities and the stock market of 20.04.2001 N 138 and registered in the Ministry of Justice of Ukraine 08.06.2001 for N 488/5679, and item 2.5 of the Standard of depositary accounting N 1 "General bases of implementation of depositary accounting. Balance sheet accounts of depositary accounting", the National depositary of Ukraine approved by board decision of 25.10.2000 N 25/1 and registered in the Ministry of Justice of Ukraine 10.11.2000 for N 796/5017, Board of National depositary of Ukraine of RESHILO:

1. Approve the Procedure for purpose of individual identification codes to owners of securities - nonresidents it (is applied).

2. To the director of the department of standardization of depository activity S. G. Horuzhy to take measures for ensuring collection, processing and preserving information of rather individual identification codes of owners of securities in a month - nonresidents.

3. To provide to the director of the department of standardization of depository activity S. G. Horuzhy provision of the Procedure specified in item 1 of this decision on state registration in the Ministry of Justice of Ukraine.

4. Provide to the vice-chairman V.Z.Borisovsky publication of this decision.

5. Control of execution of this decision to assign to the vice-chairman V. G. Ulyanov

 

Chairman V. Ivchenko

Approved by Board decision of National depositary of Ukraine of July 25, 2001, No. 8/1

Procedure for purpose of individual identification codes to owners of securities - nonresidents

1. Procedure for purpose of individual identification codes to owners of securities - nonresidents (further - the Procedure) developed according to the Law of Ukraine "About Natsionaalny depositary system and features of electronic security circulation in Ukraine", the Law of Ukraine "About the mode of foreign investment", General bases of functioning of National depositary of Ukraine, approved by the Presidential decree of Ukraine of 22.06.99 N 703/99, of the Regulations on accounting of the property rights of nonresidents to securities of the Ukrainian issuers approved by the decision of State commission on securities and the stock market of 20.04.2001 N 138 and the Standard of depositary accounting N1 registered in the Ministry of Justice of Ukraine 08.06.2001 for N 488/5679, "General bases of implementation of depositary accounting. Balance sheet accounts of depositary accounting", the National depositary of Ukraine approved by board decision of 25.10.2000 N 25/1 and registered in the Ministry of Justice of Ukraine 10.11.2000 for N 796/5017.

2. The procedure establishes single rules of purpose of individual identification codes to nonresidents (legal entities or physical person) - owners of securities of the Ukrainian issuers, rules of code assignment of the owner of securities - the nonresident for forming of depositary account code by depository institutions in securities and procedure for provision by depository institutions of information on the appointed individual identification codes of owners of securities - nonresidents to National depositary of Ukraine.

3. This Procedure is obligatory for accomplishment by all depository institutions of Ukraine.

4. Opening of the account in securities to the owner valuable to bumagnerezident is performed by the keeper by purpose of depositary account code in securities. After closing valuable account bumagnerezidenta in securities to depository institutions use of this depositary account code in securities for other owners is forbidden to the owner. The structure of depositary account code in securities for the owner of securities - the nonresident consists of two segments and surely includes such compound:

- six-digit alphanumeric code of interdepositary accounting (further - the MDO code) the keeper at whom the account in securities is opened for the nonresident;

- six-digit alphanumeric code of the owner valuable bumagnerezident who is appointed the keeper.

5. The MDO code of the keeper is appointed according to Regulations on procedure for obtaining by the keeper, depositary and foreign depository institution of codes of the interdepositary accounting approved by board decision of the National depositary of Ukraine of 11.01.2001 N 1/1 and registered in the Ministry of Justice of Ukraine 27.01.2001 for N 82/5273.

6. Identification of owners of securities - nonresidents in National depositary system is performed by purpose of individual identification codes. The individual identification code of the owner of securities - the nonresident is appointed by the keeper when opening the account in securities to the nonresident according to requirements of this Procedure and surely includes such compound:

- the two-digit alphabetic country code of Alfa-2 (according to GSTU the international standard ISO 3166-1-2000 "Codes of country names of the world") in whom the nonresident - the legal entity is registered or the citizen of which is the nonresident - physical person;

- code of accessory of securities to the nonresident (legal entity or physical person) who accepts value - 2;

- identification of accessory of securities to the nonresident: for the legal entity - 6, and for physical person - 7;

- six-digit alphanumeric code of the owner valuable bumagnerezidenta.

7. The two-digit alphabetic country code of Alfa-2 (appendix to the Procedure) in which the nonresident - the legal entity is registered or the citizen of which is the nonresident - physical person, code of accessory of securities to the nonresident and additional identification of accessory of securities to the nonresident (for the legal entity - 6, and for physical person - 7) it is specified depository institution in the questionnaire of the account in securities which is drawn up when opening the account in securities to the nonresident.

8. The individual identification code of the owner valuable bumagnerezidenta shall identify unambiguously certain nonresident - legal entity or physical person. It cannot be changed in case of repeated opening by the keeper of the account in securities to this nonresident and cannot be used for identification of other nonresident.

9. Based on information obtained from depository institutions for ensuring functioning of single system of depositary accounting the National depositary of Ukraine creates and keeps the Register of individual identification codes of owners of valuable bumagnerezident. Use of information from the Register of individual identification codes of owners of securities - nonresidents is performed according to the current legislation.

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