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Ministry of Justice of Ukraine

April 5, 2013

No. 561/23093

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

of March 26, 2013 No. 430

About approval of the Procedure for transfer of securities on depositary servicing in Central Securities Depository

(as amended on 23-04-2014)

According to the Law of Ukraine "About state regulation of the security market in Ukraine" and in pursuance of Items 5 and 13 of the Section VI of the Law of Ukraine "About depositary system of Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for transfer of securities on depositary servicing in Central Securities Depository (further - the Procedure) which is applied.

2. To keepers of securities which are served by depositary "Settlement Center on Servicing of Agreements in the Financial Markets" Public joint stock company (further - RTs) based on the existing depositary agreement and have no account in securities in CHAO "National depositary of Ukraine" (in Central Securities Depository - after acquisition of CHAO "National depositary of Ukraine" of such status) (further - the Central depositary), within ten working days from the date of entry into force of this decision to sign the depositary contract with the Central depositary and to provide necessary documents for opening of the account in securities.

3. To keepers of securities within thirty calendar days from the date of entry into force of this decision to open within software module for interaction with system of depositary accounting of the Central depositary of the account in securities for all to the depositors having accounts in securities within software module for interaction with system of depositary accounting of RTs (in case of their absence), with ensuring opening and functioning of these accounts according to requirements of the legislation and internal documents of the Central depositary.

To owners of securities with whom contracts on opening of the account in securities are signed if depositary assets on the securities belonging to these persons are stored in RTs to open for keepers of securities from the date of entry into force of this decision when opening accounts in securities such accounts and within software module for interaction with system of depositary accounting of the Central depositary.

4. To issuers of securities which are served by VDTsB, within thirty calendar days after obtaining from the Central depositary of the message on acceptance by it on storage and servicing of the securities issued by them to sign the service agreement of issue of securities with the Central depositary and to provide the documents provided by its internal documents for opening to the issuer of the account in securities.

To issuers of securities within thirty calendar days from the date of transfer of certain issue of securities on storage and servicing in the Central depositary to address to the Central depositary concerning numbering (codification) of securities if to securities of this release according to the legislation international security identification number (further - ISIN) upon the address was not appointed or the available ISIN was intended for documentary form of existence of securities which were dematerializovana.

5. To the registry holders performing maintaining systems of registers of owners of personalized securities, at which RTs, or "All-Ukrainian Securities Depository" Open joint stock company / Private joint-stock company "All-Ukrainian Securities Depository" (further - VDTsB), or Interregional Share Union Open joint stock company (further - MFS) are registered by the nominee holder, within three working days after obtaining from the Central depositary of the transfer order to enter changes into the corresponding systems of registers of owners of personalized securities concerning reflection of transaction of movement of all immobilized in RTs, either in VDTsB, or in MFS of personalized securities of the corresponding releases on storage and servicing in the Central depositary based on submission of the documents determined by Procedure. Reflection of transaction of movement all immobilized in RTs, either VDTsB, or MFS of personalized securities of the corresponding releases on storage and servicing in the Central depositary is performed by registry holders only based on the documents received from the Central depositary determined by Procedure.

6. To the keepers of securities registered by nominee holders in systems of registers of owners of personalized securities within thirty calendar days from the date of entry into force of this decision to provide to registry holders necessary documents for modification of the corresponding systems of the register of owners of personalized securities concerning display of transaction of movement of the personalized securities immobilized at these keepers to storage and servicing in the Central depositary.

Requirements of this Item do not extend to issues of securities to which according to the legislation ISIN was not appointed.

7. In case of absence in the corresponding system of the register of owners of personalized securities of personal account of the nominee holder valuable bumagtsentralny depositary such account is opened by registry holder based on the questionnaire of the registered person provided to it by the Central depositary - the Central depositary.

8. To the keepers of securities considering the bearer securities immobilized in them within sixty calendar days from the date of entry into force of this decision to determine date of transfer in coordination with the Central depositary and to transfer such certificates to the Central depositary.

9. Provide to RTs transfer, and to the Central depositary - acceptance according to requirements of the Procedure for securities of all releases which are served by RTs (except the immobilized securities of releases which according to the legislation did not appoint ISIN, and in other cases provided by Procedure), about day of entry into force of the Law of Ukraine "About depositary system of Ukraine".

On the immobilized securities of releases which did not appoint ISIN, RTs to make actions, stipulated in Item 7th decisions of the National commission on securities and the stock market of April 18, 2013 No. 729 "About approval of the Procedure for the information transfer containing in system of the register of owners of personalized securities, in system of depositary accounting", registered in the Ministry of Justice of Ukraine on April 30, 2013 for No. 704/23236.

10. To provide to department of regulation of depository and settlement and clearing activity (I. Kurochkin) provision of this decision on state registration in the Ministry of Justice of Ukraine.

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