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

of December 27, 2012 No. 1925

About approval of the Regulations on consolidation of professional participants of the capital markets

According to Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Articles 2, 47-49 Laws of Ukraine "About securities and the stock market" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on consolidation of professional participants of the capital markets (further - the Provision) which are applied.

2. According to Item 6 of the Section ІІ "Final and transitional provisions" of the Law of Ukraine of July 4, 2012 No. 5042-VI "About modification of some legal acts of Ukraine concerning enhancement of the legislation on securities" till March 1, 2013 the self-regulating organizations of professional participants of the stock market registered by the National commission on securities and the stock market in accordance with the established procedure in two-month time from the date of entry into force of this Law shall bring the activities into accord with requirements of the specified Law.

In this case associations which were registered as the self-regulating organizations of professional participants of the stock market earlier shall submit to the National commission on securities and the stock market the statement on their registration as consolidation of professional participants of the stock market and the statement for reduction of the activities constituted in any form in compliance with requirements of the above-mentioned Law for that type of professional activity of participants which is united at the moment by the operating self-regulating organization of professional participants of the stock market, and also documents provided by subitems 2-16 of Item 6 of Chapter 1 of the Section ІІІ the Provision approved by this decision.

3. Requirements of Item 3 of Chapter 1 of the Section ІІІ Provisions are not applied to associations which on the date of entry into force of this decision were registered as the self-regulating organizations of professional participants of the stock market for the corresponding type of professional activity till January 1, 2013.

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

5. Declare invalid the decision of State commission on securities and the stock market of February 17, 2009 No. 125 "About approval of the Regulations on the self-regulating organizations of professional participants of the stock market", registered in the Ministry of Justice of Ukraine on May 25, 2009 for No. 458/16474 (with changes).

6. To department of the analysis, strategy and development of the legislation (M. Libanov) to provide provision of this decision on state registration in the Ministry of Justice of Ukraine.

7. To management of information technologies, external and internal communications (A. Zaik) to provide publication of this decision according to the legislation.

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

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 27, 2012 No. 1925

Regulations on consolidation of professional participants share capital markets

І. General provisions

1. This Provision developed according to Articles 7, 8 Laws of Ukraine "About state regulation of the security market in Ukraine" and with Articles 2, 47 - 49 Laws of Ukraine "About securities and the capital markets" determines the basic principles and requirements to functioning of associations of professional participants of the capital markets (further - OPU) and the self-regulating organizations of professional participants of the capital markets (further - SRO).

2. In this Provision terms are used in such values:

internal documents of consolidation of professional participants of the capital markets - rules and standards of professional activity in the capital market of consolidation of professional participants of the capital markets, the internal regulations, other internal documents determining procedure for functioning of consolidation of professional participants of the capital markets, procedure for accomplishment of powers of consolidation of professional participants of the capital markets according to the charter and the legislation concerning the capital markets;

internal documents of self-regulatory organization of professional participants of the capital markets - The charter of self-regulatory organization of professional participants of the capital markets, Edited (standards) of professional activity in the capital market, the code of professional ethics, internal regulations and other internal documents which, including, determine procedure for functioning of self-regulatory organization of professional participants of the capital markets, procedure for execution of powers of self-regulatory organization of professional participants of the capital markets according to the charter and the legislation on the capital markets;

the applicant - the legal entity who submits the application and the relevant documents to NKTsBFR for registration (registration cancellation) as consolidation of professional participants of the capital markets or for acquisition (or deprivations) the status of the self-regulating organization of professional participants of the capital markets;

the registration certificate OPU - the document of the established sample confirming the fact of registration of consolidation of professional participants of the capital markets;

the registration certificate of SRO - the document of the established sample confirming the fact of registration of OPU as the self-regulating organization of professional participants of the capital markets;

the member of consolidation - the professional participant of the capital markets who performs professional activity in the capital market and is included into the list of members of OPU and/or SRO by those corresponding types of professional activity which are performed by such professional participant of the capital markets.

3. The percent of professional participants of the capital markets is calculated by division of number of members of the applicant - the legal entities performing the corresponding type of professional activity determined by part two of article 41 of the Law of Ukraine "About the capital markets and the organized goods markets" on total quantity of the legal entities performing such type of professional activity in Ukraine.

The percent of professional participants of the capital markets at the applicant (OPU and SRO) shall meet the requirements of the Law of Ukraine "About securities and the capital markets" during all activities, including for date of filing of application and on acceptance date of the relevant decision NKTsBFR.

4. OPU and SRO are formed in forms of business, stipulated by the legislation for associations of the companies, are effective according to requirements of the legislation, the Charter and Rules OPU and SRO, respectively.

5. OPU or SRO are created by the types of professional activity determined by part two of article 16 of the Law of Ukraine "About securities and the capital markets" except professional activity on the organization of trade in the capital market.

6. No. 545 is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 03.08.2018.

ІІ. Consolidation of professional participants of the capital markets

1. Conditions of registration and cancellation of registration of OPU

1. Consolidation of professional participants of the capital markets can unite the professional participants performing different types of professional activity in the capital markets and shall be registered according to the procedure, established by this Provision, and is created for the purpose of protection of interests of the members.

Consolidation can file documents for registration of OPU by one or several types of professional activity which are performed by members of such consolidation.

2. Registration of OPU and cancellation of registration of OPU are performed according to the separate decision of NKTsBFR.

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