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

of January 22, 2013 No. 63

About approval of the Regulations on advertizing of securities and the stock market

According to part two Item 37-8 of Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", article 25 of the Law of Ukraine "About advertizing" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on advertizing of securities and the stock market which are applied.

2. To provide to department of control and legal work (Misyur O. P.):

submission 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;

submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. To management of information technologies, external and internal communications (the Stutterer A.L.) provide publication of this decision according to requirements of the legislation.

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 commission E.Voropayev.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of January 22, 2013 No. 63

Regulations on advertizing

I. General provisions

1. This Provision regulates the questions connected with advertizing of financial instruments, the capital markets and the organized goods markets, services in non-state pension provision and procedure for representation of the National commission on securities and the stock market of promotional materials, suspension and renewal of distribution of advertizing.

2. In this Provision terms are used in the values given in the Law of Ukraine "About advertizing", the Law of Ukraine "About non-state pension provision", the Law of Ukraine "About the capital markets and the organized goods markets".

3. Distribution of advertizing can be performed through all advertizing means, stipulated by the legislation, and if advertizing concerns services in non-state pension provision, on condition of preliminary submission to NKTsBFR.

4. Advertizing is allowed to the advertisers determined by part three of article 25 of the Law of Ukraine "About advertizing".

Advertisers of advertizing of services of investment firm can be the connected agents with whom such investment firm signs agency agreements if conditions of the corresponding agency agreement provide such right of the connected agent.

Advertisers of advertizing of services in non-state pension provision (further - NGO) persons specified in part three of article 2 of the Law of Ukraine "About non-state pension provision" can be exclusive.

5. Advertizing shall conform, in particular, to the following requirements:

contain the name and contact information of the advertiser;

it shall be stated in official language;

the price information on goods, rates for services given in advertizing which takes place or extends to the territories of Ukraine is specified only in hryvnia;

in advertizing it is forbidden to place the image of physical person or to use his name without written consent of this person;

in advertizing it is forbidden to use or imitate the image of the State Emblem of Ukraine, National Flag of Ukraine, sounding of the National Anthem of Ukraine, the image of the state symbols of other states and international organizations, and also official names of state bodies, local government bodies, except the cases provided by the laws of Ukraine in the sphere of intellectual property;

in advertizing it is forbidden to imitate or copy the text, the image, musical or sound effects applied in advertizing of other goods if other is not provided by the laws of Ukraine in the sphere of intellectual property;

in advertizing it is forbidden to advertizes goods which are subject to obligatory certification or production or realization of which requires availability of special permission, the license, in case of lack of the appropriate certificate, permission, the license;

the text of the advertizing video or audioroller shall appear with one speed, except for information concerning availability at the advertiser of the status of financial institution, the corresponding permission or the license which can appear with greater speed;

advertizing shall not be hidden, unfair or contain comparisons which are illegal according to the requirements determined by the Law of Ukraine "About advertizing".

Advertizing also shall contain the following data:

advertizing of securities shall contain the data on registration of the corresponding issue of securities specified in the registration certificate of this release;

advertizing of institutes of joint investment, except advertizing on radio, shall contain the data on availability of the certificate on entering of such institutes into the Unified state register of institutes of joint investment confirming the right to implementation of activities in the sphere of joint investment with indication of certificate number, dates of issue, the term of activities of institute of joint investment;

advertizing of goods and/or services of professional participants of the capital markets and the organized goods markets, except advertizing on radio, shall contain data on availability of the license which confirms the right to implementation of the corresponding type of activity in the capital markets and the organized goods markets, with indication of series and license number, date of its issue and effective period, the name of the body which granted the license, and in case of lack of the specified details, such advertizing shall contain number and decision date of NKTsBFR about licensing confirming the right to implementation of the corresponding type of activity in the capital markets and the organized goods markets;

advertizing of goods and/or services of self-regulatory organizations of professional participants of the capital markets, except advertizing on radio, shall contain data on availability of the certificate on state registration of self-regulatory organization of professional participants of the capital markets with indication of number and date of issue of the certificate;

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