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

of February 26, 2013 No. 248

About approval of the Order of registration of share issue of joint-stock companies which are created in the course of privatization and corporatisation

According to Items 1, 3, 5 parts two of Article 7 and Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", article 6 of the Law of Ukraine "About securities and the stock market", Articles 1, 4, 5 Laws of Ukraine "About joint-stock companies", Article part three 7, Articles 11, 15, 17, 18 Laws of Ukraine "About privatization of state-owned property", Presidential decrees of Ukraine of June 15, 1993 No. 210 "About corporatisation of the companies", of March 18, 1994 No. 98 "About procedure for preparation for sale of shares of open joint stock companies which are created by corporatisation", the resolution of the Cabinet of Ministers of Ukraine of July 05, 1993 No. 508 "About approval of the Regulations on procedure for corporatisation of the companies" the National commission on securities and the stock market RESHILA:

1. Approve the Order of registration of share issue of joint-stock companies which are created in the course of privatization and corporatisation which is applied.

2. Recognize invalid:

the decision of State commission on securities and the stock market of February 15, 1999 No. 25 "About approval of the Regulations on order of registration of share issue and information on share issue of open joint stock companies which are created by the basis by body, authorized to manage objects of state-owned property, and holding companies which are created in the course of corporatisation and privatization (07-07/99)", registered in the Ministry of Justice of Ukraine on March 04, 1999 for No. 138/3431 (with changes);

the decision of State commission on securities and the stock market of April 11, 2000 No. 39 "About approval of the Regulations on order of registration of share issue of the open joint stock companies created from the state companies in the course of privatization and corporatisation", registered in the Ministry of Justice of Ukraine on April 26, 2000 for No. 244/4465 (with changes);

the decision of State commission on securities and the stock market of March 18, 2002 No. 102 "Concerning registration of share issue of the open joint stock companies created in the course of privatization of the state, rent companies and companies with the mixed pattern of ownership", registered in the Ministry of Justice of Ukraine on April 16, 2002 for No. 367/6655 (with changes).

3. 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.

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

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

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Amelin.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of February 26, 2013, No. 248

Order of registration of share issue of joint-stock companies which are created in the course of privatization and corporatisation

1. According to this Procedure registration of share issue of joint-stock companies, including holding companies is performed, during their creation by corporatisation of the state companies, transformation of the state unitary commercial enterprises to joint-stock companies or in the course of privatization of the state companies, the companies formed based on leased property and founded based on consolidation of property of different patterns of ownership.

2. Registration of share issue is performed by the National commission on securities and the stock market (further - body of registration).

3. Registration of share issue which is performed by body of registration cannot be considered as guarantee of cost of these shares.

4. The date of receipt of the statement for registration of share issue is registration date of such statement in division of body of registration which performs functions of registration of incoming correspondence.

5. Body of registration:

after the receipt of the statement and documents necessary for registration of share issue, performs registration of share issue and grants the registration certificate of share issue (appendix 1) which is the basis for assignment to shares of the international identification number, or refuses registration within 25 working days;

returns in the time provided by the paragraph the second this Item documents to society without consideration.

6. The bases for refusal in registration of share issue are:

discrepancy of the submitted documents to requirements of the legislation;

unauthenticity of information in the submitted documents.

The bases for return to society without consideration of the documents submitted for registration of share issue are:

submission of documents not in full;

submission of documents with violation of the requirements established by this Procedure to their registration.

The notification on return without consideration of the documents submitted for registration of share issue is carried to society in writing by the direction to society of the corresponding letter containing the reasonable bases for leaving of documents without consideration and the list of violations.

The refusal in registration of share issue is drawn up by the corresponding order (appendix 2).

The order about refusal in registration of share issue is brought to the attention of society in writing and shall contain legal reasons for such refusal.

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