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The document ceased to be valid since  January 1, 2016 according to Item 2 of the Decision of the National commission on securities and the stock market of Ukraine of  October 1, 2015 No. 1597

It is registered

Ministry of Justice of Ukraine

January 21, 2013

No. 139/22671

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

of December 25, 2012 No. 1900

About approval of provision of rather prudentsionny standard rates of professional activity in the stock market - activities for the securities trading

(as amended on 03-06-2014)

According to Articles 23 - 25, part three of article 27 of the Law of Ukraine "About securities and the stock market", Articles 3, 7, 8 Laws of Ukraine "About state regulation of the security market in Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve the Provision of rather prudentsionny standard rates of professional activity in the stock market - activities for the securities trading (further - the Provision) which is applied.

2. Declare invalid since January 1, 2014 the decision of State commission on securities and the stock market of December 27, 2007 No. 2381 "About approval of the Regulations on measure calculation of liquidity, limiting risks of professional activity in the stock market", registered in the Ministry of Justice of Ukraine on January 28, 2008 for No. 61/14752.

3. To management of information technologies, internal and external communications (Stutterer A.L.), to provide the publication of the message on the decision of NKTsBFR in the official NKTsBFR printing publication.

4. And stock exchanges (Naumenko O. O.) to provide to department of regulation of activities of dealers in securities:

provision of this decision for 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.

5. This decision becomes effective from the date of its official publication, except Item 6 of Chapter 2, of Items 3, 4 Chapters 3, of Item 6 of Chapter 4, of item 4 of Chapter 5, of Item 5 of Chapter 6 of the Section II of Provisions which become effective since July 1, 2014.

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market Krivenko K. E.

Commission chairman

D. Tevelev

It is approved:

The chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

 

 

M. Yu. Brodsky

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 25, 2012 No. 1900

Provision of rather prudentsionny standard rates of professional activity in the stock market - activities for the securities trading

І. General provisions

1. This Provision establishes procedure of payments of prudentsionny standard rates, obligatory for accomplishment, and procedure for the reporting concerning their accomplishment in the National commission on securities and the stock market (further - the Commission) the legal entities performing professional activity in the security market namely the dealers in securities performing broker, dealer activities, underwriting, and also the securities management (further - dealers in securities).

2. Terms which are used in this Provision are used in such values:

adequacy of the capital of the first level - the prudentsionny standard rate established by the Commission for the purpose of determination of possibility of the dealer in securities timely and in full to be calculated according to the obligations irrespective of unpredictable losses which it can incur in the course of the activities depending on the extent of risks;

adequacy of the regulatory capital - the prudentsionny standard rate established by the Commission and characterizing capability of the dealer in securities timely and in full to be calculated according to the obligations which follow from conditions of professional activity in the stock market and to cover the losses caused by the taken risks at the expense of the regulatory capital;

leverage coefficient - the prudentsionny standard rate established by the Commission for the purpose of determination of ratio of the regulatory capital to the modified assets of the dealer in securities;

performance measures of dealers in securities - the prudentsionny standard rate established by the Commission for the purpose of restriction of ratio of total amount of the agreements signed by the dealer in securities but which are not executed on the date of calculation (open line items) to the size of equity of the dealer in securities depending on types of professional activity in the stock market;

prudentsionny standard rates - the quantitative and qualitative indexes established by the Commission for the purpose of implementation of prudentsionny supervision obligatory for observance by professional participants of the stock market;

the regulatory capital of the dealer in securities - the prudentsionny standard rate established by the Commission and which is indicator of activities of the professional participant of the stock market which basic purpose is the covering of negative consequences of financial risks to which the dealer in securities in the course of implementation of professional activity in the stock market is exposed.

3. The terms "prudential supervision", "financial institution" and others in this Provision are used in the values determined by the legislation by securities and the stock market and state regulation of the markets of financial services.

4. Action of this provision extends to dealers in securities irrespective of form of business (except banks).

5. Dealers in securities which for the first time grants by the Commission the license for the right of implementation of professional activity on share rynkedeyatelnost according to the securities trading (to broker activities, dealer activities, underwriting, the securities management) calculate the prudentsionny norms determined by the Section II of this provision from the date of the conclusion of the first agreement.

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