It is registered
Ministry of Justice of Ukraine
September 24, 2012
of September 4, 2012 No. 1178
About approval of the Procedure for conducting checks of activities of issuers of securities
According to Items 9 and 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" and for the purpose of reduction in compliance with requirements of the legislation the National commission on securities and the stock market RESHILA:
1. Approve the Procedure for conducting checks of activities of issuers of securities which is applied.
3. To provide to department of control and legal work (O. Misyur):
provision of this decision on implementation of examination on compliance of the Convention on human rights protection and fundamental freedoms in the Secretariat of the Government representative for cases of the European Court of Human Rights of the Ministry of Justice of Ukraine;
provision of this decision on state registration in the Ministry of Justice of Ukraine.
4. (Yu. Zhuly) to provide to department of external and internal communications publication of this decision according to requirements of the legislation.
6. Control over the implementation of this decision to assign to the member of the commission E. Voropayev.
Approved by the Decision of the National commission on securities and the stock market of Ukraine of September 4, 2012, No. 1178
1. This Procedure establishes the single mechanism of carrying out by the National commission on securities and the stock market (further - Control facility) checks of activities of issuers of securities concerning observance of requirements of the legislation on securities and/or joint-stock companies by conducting scheduled and unscheduled exit and permanent inspections.
The venue of check is the room of the issuer on its location and/or premises of Control facility.
2. In this Procedure terms are used in the values given in the legislation.
3. Checks can be planned, unplanned, exit, not eligible to travel abroad.
1. The basis for conducting planned inspection of the issuer by Control facility is its inclusion in the schedule of conducting checks on the respective quarter. The schedule affirms the order of the Chairman of Control facility or person fulfilling its duties.
Scheduled inspections are carried out by Control facility not more often than once in calendar year.
Scheduled inspection is carried out for entire or certain period of activities of the issuer.
Date from which term for determination of the beginning of the following scheduled inspection is reckoned end date previous planned proverkidaty from which term for determination of the beginning of the following scheduled inspection is reckoned is, end date of the previous scheduled inspection is.
The issuer shall be previously in writing notified on conducting planned inspection by Control facility the registered mail or funds of electronic communication for the address specified in the annual statement not later than ten calendar days prior to its carrying out and also by placement of the scheduled plan of checks on the official site of the National commission on securities and the stock market.
2. Unscheduled inspection provides check of activities of the issuer unplanned by Control facility during the established period on single questions.
Unscheduled inspections can be carried out by Control facility in the presence of at least one of the following bases:
1) written notice of signs of violation of the law of securities and/or joint-stock companies;
2) submission by the issuer to Control facility of the statement for cancellation of registration of issue of securities;
3) initiative of control facility in case of detection of signs of violation by the issuer of requirements of the legislation on securities and/or joint-stock companies;
4) detection of new documents (circumstances) by Control facility which were not (could not be) are known during scheduled, unscheduled inspection and which can affect conclusions by results of check;
5) pronouncement of the resolution by the authorized person of control facility on suspension of proceeedings about offense in the security market for the purpose of conducting additional check;
6) on accomplishment of judgments, upon the demand of law enforcement agencies and other public authorities within the powers determined by the legislation;
7) need of check of accomplishment of decisions of Control facility or orders, resolutions or solutions of authorized persons of control facility on elimination of violations of the law on securities;
8) non-presentation at the scheduled time the subject of verification of documents (information) on the written request of Control facility on implementation of check not eligible to travel abroad, and also written explanations about the reasons interfering submission of such documents;
9) identification confirmation of doubtful data in the documents (information) provided by the subject of check by the written request of control facility including on request concerning implementation of check not eligible to travel abroad and/or if such documents (information) do not allow to estimate accomplishment by the subject of verification of requirements of the legislation on securities.
10) lack of reliable data of rather actual location, including, return of correspondence.
Repeated check of questions which were checked during scheduled, unscheduled inspection by Control facility is performed only by a court decision, under the resolution (determination) of the investigator, prosecutor (judge's investigator) in criminal proceedings based on subitems 4 and 5 of this Item.
Unscheduled and scheduled inspection can be exit or not eligible to travel abroad. The procedure for conducting unscheduled and budget inspection not eligible to travel abroad and registration of its results is established by the Section V ІІ this Procedure.
3. Scheduled and unscheduled inspections are carried out in the working hours of the issuer established by employment policies and procedures.
In written coordination of the head of the issuer (person fulfilling its duties) it can be performed in non-working days or in off-duty hours of the issuer.
3.1. For conducting check by Control facility the working group as a part of the head and workgroup members is formed (further - working group). The order on conducting check (further - the order) in duplicate is issued to the head of working group (appendix 1).».
The power of attorney is issued by the Chairman of Control facility or person fulfilling its duties.
3.2. Two persons shall constitute the minimum structure of the working group.
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