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Ministry of Justice of Ukraine

April 26, 2013

No. 688/23220

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

of April 16, 2013 No. 597

About approval of the Procedure and conditions of provision of the status of Central Securities Depository

(as amended on 28-09-2017)

According to Item 38 parts two of Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", Article 9 and Item 16 of the Section VІ "Final and Transitional Provisions" of the Law of Ukraine "About depositary system of Ukraine" (further - the Law) the National commission on securities and the stock market RESHILA:

1. Approve the Procedure and conditions of provision of the status of Central Securities Depository which is attached.

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

3. To provide to management of information technologies, external and internal communications (A. Zaik) publication of this decision according to 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 National commission on securities and the stock market O. Tarasenko.

 

Commission chairman

D. Tevelev

Approved by the Decision of the National commission on securities and the stock market of Ukraine of April 16, 2013, No. 597

Procedure and conditions of provision to the status of Central Securities Depository

1. This Procedure according to requirements of Article 9 and Item 16 of the Section VI "Final and transitional provisions" of the Law of Ukraine "About depositary system of Ukraine" (further - the Law) determines procedure and conditions of provision to National Depositary of Ukraine Public joint stock company (further - NDU) the status of Central Securities Depository (further - the Central depositary), order of registration the National commission on securities and the stock market (further the Commission) Rules of the Central depositary (further - Rules TsD), changes which are made to Rules TsD.

2. NDU acquires the status of the Central depositary from the date of registration of Rules TsD by the Commission.

3. The authorized capital of NDU on registration date of Rules TsD shall meet the requirements concerning the size of share of the state together with the National Bank of Ukraine, stipulated in Item the 11th Section VI "Final and transitional provisions" of the Law, and concerning its minimum size - the paragraph third parts seven of article 9 of the Law.

4. For registration of Rules TsD and receipt of the status of the Central depositary by the authorized person of NDU (further - the applicant) personally or by mail (registered mail) to the Commission files such documents:

4.1. Statement for registration of Rules of the Central depositary (appendix 1).

4.2. The rules TsD approved by the supervisory board of the applicant, in duplicate.

4.3. Properly the verified copy of the minutes of the supervisory board of NDU on which Rules TsD are approved.

4.4. Certified by the signature of the head and seal of the applicant of the copy of documents, confirming its property right to the non-residential premise in which it will be performed professional activity in the stock market, or right to use by the non-residential premise (the lease agreement, subleases, etc. which is concluded by the applicant) for the benefit of this legal entity, with addition of the act of acceptance transfer of this room (in the presence) and the plan of the room (is performed) (with indication of its size).

4.5. The copy of the document certified by the signature of the head and the applicant's seal who confirms providing the above-stated room with the round-the-clock protection with indication of methods of implementation of such protection (video control, establishment of the corresponding system of the alarm system, the round-the-clock presence of the security guard, etc.).

If in the document which confirms the property right or uses of the room, conditions of implementation of such protection are provided, the specified document is not provided.

4.6. The reference signed by the head and certified by the applicant's seal in any form of equipment availability, in particular the computer equipment with the corresponding software, separate communication channels, the main and reserve complexes of program technical means which will provide fulfillment of requirements, established by the regulatory legal act about procedure for conducting depository activity.

4.7. The copies of documents signed by the head and certified by seal of the applicant which confirm its property right to technical means which will provide its uninterrupted activities when conducting depository activity of the Central depositary.

4.8. The reference concerning structure of property of the Central depositary (appendix 2) with addition of the schematic image of such structure.

5. The applicant provides accuracy of the information, specified in the statement and documents filed for registration of Rules TsD and receipt of the status of the Central depositary.

6. Rules TsD shall determine general procedure for provision by the Central depositary of the services connected with implementation of depository activity of the Central depositary by it and to contain procedure:

storages of global certificates and temporary global certificates of the issues of securities referred to competence of the Central depositary according to the Law;

transfers of the securities carried to competence of the Central depositary according to the Law in system of depositary accounting, their accounting and storage, and also procedure for write-off of securities in connection with their repayment and/or cancellation;

carrying out depository operations in system of depositary accounting;

accounting of obligations of the issuer on securities of own issues of securities referred to competence of the Central depositary according to the Law concerning each issue of securities;

creation of registers of owners of the personalized securities carried to competence of the Central depositary according to the Law;

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