DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND SHARE TO THE MARKET OF UKRAINE

of March 6, 2012 No. 372

About approval of Changes to Regulations on procedure of bond emission of the companies and their address (concerning prolongation of circulation periods and bond redemption of the companies)

According to Item of 1 part two of Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Article part seven 8, the paragraph the second "About securities and the stock market" the National commission on securities and the stock market SOLVED parts eight of article 30 of the Law of Ukraine:

1. Approve Changes to the Regulations on procedure of bond emission of the companies and their address approved by the decision of State commission on securities and the stock market of July 17, 2003 No. 322, registered in the Ministry of Justice of Ukraine on August 13, 2003 for No. 706/8027 (in edition of the decision of State commission on securities and the stock market of October 26, 2006 No. 1178) (with changes) which are applied.

2. And corporate finances (A. Papaik) to provide to corporate management department submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. (Yu.Zhuly) to provide to department of external and internal communications publication of this decision according to requirements of the legislation of Ukraine.

4. This decision becomes effective from the date of its official publication.

5. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market O. Petrashko.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of March 6, 2012 No. 372

Changes to Regulations on procedure of bond emission of the companies and their address

In Chapter 1 of the Section ІІІ:

in Item 14:

the paragraph the fourth after the word "right" to add with the words "prior to placement of bonds";

after the paragraph of the fourth to add Item with the new paragraph the fifth such content:

"The issuer has the right during circulation period of bonds to make to the prospectus of the issue of bonds changes concerning prolongation of circulation periods and bond redemption in case of the redemption it all corresponding release (series) of bonds or consent to prolongation of such terms of all owners of the corresponding release (series) of bonds. Corresponding changes can be also made to the prospectus of the issue of bonds if the issuer is the owner of part of bonds of the corresponding release (series) and if all owners of other bonds provided consent to prolongation of terms of their address and repayment.".

With respect thereto the fifth - the seventh to consider paragraphs respectively paragraphs the sixth - the eighth;

to add the paragraph of the eighth with words ", except the case provided by the paragraph the fifth this Item";

in Item 15:

the first offer of paragraph one to add with words and figures "(except the case provided by the paragraph the fifth Item 14 of this Chapter)";

after paragraph two to add Item with new paragraphs the third, fourth such content:

"In case of entering into the prospectus of the issue of bonds of changes according to the paragraph the fifth Item 14 of this Chapter the issuer submits to the National commission on securities and the stock market documents for registration of such changes not later than in 15 working days prior to the termination of the circulation period of bonds provided by the prospectus of their issue.

Information on changes in the prospectus of the issue of bonds concerning prolongation of circulation periods and the bond redemption brought according to the paragraph the fifth Item 14 of this Chapter shall be published by the issuer in the official printing publication of the National commission on securities and the stock market within 15 days from the date of registration of these changes.".

With respect thereto third - the thirteenth to consider paragraphs respectively paragraphs the fifth - the fifteenth;

after the paragraph of the tenth to add Item with new paragraphs odinnadtsatymtrinadtsaty such content:

"e) in case of adoption by authorized body of the issuer of the decision on prolongation of the circulation periods determined by the prospectus of the issue and bond redemption - the copy of the certificate of the account status in securities of the issuer (in case of undocumented form of existence of bonds) or the copy of the statement from personal account of the issuer (in case of documentary form of existence of bonds) which confirms implementation by the issuer of bond buyback of the corresponding release (series), and/or the copy of the register of owners of the corresponding release (series) of bonds and written applications of owners of the corresponding release (series) of bonds about consent to prolongation of circulation periods and bond redemption.

If bondholder is the physical person, the statement for consent to prolongation of circulation periods and bond redemption makes sure of notarial procedure.

In case of adoption by authorized body of the issuer of the decision on prolongation of the circulation periods determined by the prospectus of the issue and repayments of target bonds, accomplishment of obligations on which is provided by objects of housing construction for which financing of construction funds from physical persons and legal entities through placement of bonds are raised, are also filed the documents specified in Item 3 of Chapter 2 of this Section.".

With respect thereto the eleventh - the fifteenth to consider paragraphs respectively paragraphs the fourteenth - the eighteenth;

add Chapter with new Item of such content:

"19. In case of adoption by authorized body of the issuer of the decision on prolongation of the circulation periods determined by the prospectus of the issue and bond redemption for the purpose of prolongation of the specified terms such issuer submits to the National commission on securities and the stock market the statement for stop of the circulation of bonds (appendix 15). The copy of the decision of authorized body of the issuer on prolongation of the circulation periods determined by the prospectus of the issue and bond redemptions certified by the signature of the head and seal of the issuer or in notarial procedure is enclosed to the application.

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