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

of May 14, 2013 No. 816

About approval of the Procedure for stop of action and cancellation of the license for separate types of professional activity in the stock market (security market)

According to the paragraph the fifth Articles 3, Item 9 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for stop of action and cancellation of the license for separate types of professional activity in the stock market (security market) which is applied.

3. 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.

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

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 commission O. Tarasenko.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of May 14, 2013, No. 816

Procedure for stop of action and cancellation of the license for separate types of professional activity in the stock market (security market)

І. General provisions

1. This Procedure is developed by the National commission on securities and the stock market (further - the Commission) according to Articles 16, of 17, 19 - 27 Laws of Ukraine "About securities and the stock market", the Laws of Ukraine "About financial services and state regulation of the markets of financial services", "About joint-stock companies", "About depositary system of Ukraine", "About economic societies", "About licensing of types of economic activity", "About mortgage bonds", "About state registration of legal entities and physical persons - entrepreneurs", "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" and other regulatory legal acts on the questions regulating activities of professional participants of the stock market for the purpose of determination of procedure and conditions of stop of action or cancellation of the license for implementation of certain types of professional activity in the stock market (except activities for asset management of institution investors (activities for asset management)).

2. In this Procedure the terms below are used in such values:

cancellation of the license - deprivation of the licensee by the Commission of the right to implementation of separate type of professional activity in the stock market;

stop of action of the license - stop for up to one year of action of the license in case of violation by the licensee of the legislation;

the licensee - the professional participant of the stock market having the license for implementation of separate types of professional activity in the stock market (security market);

further violation of the legislation - making by the licensee within two years of further violation of the legislation on the security market after application of sanctions for similar violation.

violation is not considered repeated if the previous case concerning the licensee was closed, the resolution on imposing of the sanction for offense in the security market was repealed at the initiative of the Commission and also if the sanction was cancelled judicially or violation is made by the licensee during the period before application of the sanction;

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