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

of April 23, 2013 No. 735

About approval of the Regulations on implementation of depository activity

According to the Laws of Ukraine "About state regulation of the security market in Ukraine", "About depositary system of Ukraine", for the purpose of settlement concerning determination of procedure for carrying out depository activity by Central Securities Depository and depository institutions from the date of entry into force of the Law of Ukraine "About depositary system of Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on implementation of depository activity (further - the Provision) which are applied.

2. The personalized securities immobilized at the keeper which release was not transferred to paperless form and which were not moved on storage to Central Securities Depository before entry into force of the Law of Ukraine "About depositary system of Ukraine" are considered in depository institutions according to established by the Central depositary of the single unified rules (standards) of display and information transfer concerning accounting and turnover of securities. The requirement, the stipulated in Item 1 Section ІІ Provisions is not applied to accounting of such securities and rights to them.

3. To depository institutions in which before entry into force of the Law of Ukraine "About depositary system of Ukraine" accounts in securities on which the securities which are in municipal property for year from the date of entry into force of this Law are considered were opened to perform actions concerning reduction of accounting of the rights to these securities in compliance with requirements of the Provision.

4. 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.

5. This decision becomes effective from the date of its official publication, except paragraph two of Item 42 of Chapter 1 of the Section V of the Provision which becomes effective since January 1, 2014.

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

7. Control over the implementation of the decision to assign to the member of the commission O. Tarasenko.

It is approved: Acting Chairman of Public service special communication and information security of Ukraine

O. G. Tsurkan

Approved by the Decision of the National commission on securities and the stock market of Ukraine of April 23, 2013 No. 735

Regulations on implementation of depository activity

I. General provisions

1. This Provision determines procedure for carrying out depository activity by Central Securities Depository (further - the Central depositary) and depository institutions by provision of services on storage and accounting of securities, accounting and servicing of acquisition, the termination and transition of the rights to securities and the procedure for carrying out transactions on accounts in securities and their types, procedure for transfer of securities to system of depositary accounting in case of issue, their accounting and storage, and also write-off of securities in connection with their repayment and/or cancellation, procedure for modification of system of depositary accounting concerning securities of the specific owner, concerning all issue of securities, concerning implementation of payment under transactions concerning securities and so forth is right on securities and restrictions of the rights to securities on accounts in securities, requirements to procedure for opening and account management in securities, requirements to activities of participants of depositary system and relations between them, requirements to procedure for creation of the register of owners of personalized securities, including order of interaction of depository institutions with the Central depositary concerning creation of the register, the requirement to contents of internal documents of professional participants of depositary system of Ukraine and other requirements which establishment is within the competence of the National commission on securities and the stock market (further - the Commission) according to the Law of Ukraine "About depositary system of Ukraine" (further - the Law).

2. In this Provision terms are used in such values:

the aggregative account - the account in securities which opens the Central depositary on depository institution or depositary correspondent for implementation of the generalized accounting of securities, the rights to which it is right, on which belong to depositors of such depository institution (except accounting of the securities belonging to depository institution as to the owner), to the owners of securities who do not have the status of the depositor, to the corresponding creditor - in case of transfer of securities on the deposit of the notary, to clients (the client's clients) of the nominee holder or clients (the client's clients) of depositary correspondent in compliance;

Unconditional transaction on management of the account in securities - write-off, transfer or the translation of securities, the rights to securities on the account in securities of the client of the Central depositary, the owner of securities, the notary on whose deposit securities of the nominee holder, without its order are enlisted when carrying out transactions by the issuer with securities (in cases, stipulated by the legislation), and also in connection with capacity to act change (legal incapacity or recognition of person incapacitated), as a result of transfer of securities in inheritance and in other cases, stipulated by the legislation Ukraine;

unconditional transaction concerning restriction of implementation of transactions in system of depositary accounting with securities of separate release of the certain issuer (further - unconditional transaction concerning restriction of implementation of transactions) - establishment of restriction for implementation of accounting transactions with all securities of separate release which are available in system of depositary accounting of the Central depositary and its clients which is performed for certain term or before certain event according to Rules and/or other internal documents of the Central depositary and internal documents of depository institutions with ensuring preserving condition of accounts in securities of depositors, clients based on the judgment or the decision of the body authorized by the law or its official, the decision of the Commission, the order/resolution of the authorized person of the Commission and on other bases established by the law;

the isolated account - the account in securities of the depositor owner of securities which has no status of the depositor or the client who opens depository institution for implementation of accounting of the rights to securities which respectively belong to the depositor of such depository institution, including the most depository institution as to the owner of securities, the corresponding creditor - in case of transfer of securities on the deposit of the notary, to the owner of securities who has no status of the depositor, or to clients (the client's clients) of the nominee holder on whom information corresponds to information on the certain segregated account of depository institution in the Central depositary;

the highest priority - preferential priority of one person concerning priority of other person to realization of the rights on securities concerning the same securities;

date of accounting - date which is appointed by authorized body of the issuer or person (persons) which (which) appoints (yut) extraordinary general meetings of the issuer, or state body if the laws of Ukraine to them confer appropriate authority as of which the Central depositary needs to constitute the register of owners of personalized securities of certain release, and to depositary correspondent and depository institution to provide to the Central depositary information which is created by them according to entries on accounts in securities of their clients, depositors in the form of the accounting register of owners of personalized securities of this release, according to requirements of this provision;

depositary of investment (mutual) fund - the depository institution performing safe custody of assets of the investment fund created according to the Presidential decree of Ukraine of February 19, 1994 No. 55 "About investment funds and investment companies", the performing servicing of transactions with assets of such investment fund and accounting of movement of these assets;

depository operation - set of actions of the Central depositary, depository institution concerning implementation of depository activity by them according to the legislation of Ukraine;

the depository institution - the legal entity who will be formed and functions in the form of joint-stock company or limited liability company and which in accordance with the established procedure obtained the license for implementation of depository activity of depository institution;

investment (mutual) funds - the investment funds and mutual funds of investment companies performing joint investment and created according to the Presidential decree of Ukraine of February 19, 1994 No. 55 "About investment funds and investment companies";

the initiator of depository operation - person, according to the order or other requirement of which in system of depositary accounting of the Central depositary, depository institution depository operations are carried out. The depositor, the client managing the account in securities, the pawnbroker, the Central depositary, depository institution, state bodies within their powers and also other subjects in the cases determined by the law can be the initiator of depository operation;

managing the account in securities (further - managing the account) - the status which in depository institution acquires person to whom the depositor, by the nominee holder confers powers on management of its account in securities, or Fund of guaranteeing household deposits (further - Fund) or the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes (further - ARMA) / certain ARMA person in the cases and procedure established by the legislation or the subject of management of objects of state-owned/municipal property which according to the legislation of Ukraine performs functions on the securities management, corporate laws on securities which are objects of state-owned/municipal property belong to the state / territorial (territorial) to community (communities) and it is right on which are considered on such account in securities, or in the Central depositary - the legal entity to whom the issuer, by depositary correspondent confers powers on management of its account in securities the amount of powers managing the account is established by the corresponding transaction or according to acts of the civil legislation;

the client - depository institution, the issuer, the National Bank of Ukraine, depositary correspondent, person performing clearing activities for which the Central depositary based on the relevant agreements opens accounts in securities, and also the nominee holder for whom the depository institution based on the service provision agreement on servicing of the account in securities of the nominee holder opens the account in securities;

the software module - the specialized software product including placed in the hardware-software circle of the mobile electronic device of the depositor which performs function of means of identification and is used in systems of remote servicing of depositors and corresponds to the regulatory legal act of the National commission on securities and the stock market which determines requirements to software products which are used in the capital markets and the organized goods markets, and also is included in the list of software products in the capital markets and the organized goods markets which is kept by the National commission on securities and the stock market according to the regulatory legal act of the National commission on securities and the stock market concerning procedure for accounting of software products in the capital markets and the organized goods markets, by means of which the service agreement of the account in securities can be signed and account transactions in securities of the depositor according to requirements of this provision and according to the procedure, established by internal documents of such depository institution are performed;

The nonresident - the physical person who is citizen of other state, the foreign legal entity created according to the legislation of other state;

The accumulation pension fund (further - the Accumulation fund) - trust off-budget fund which is created according to the legislation of Ukraine on obligatory national pension insurance;

lower priority priority of one person which submits to priority of other person to realization of the rights on securities concerning the same securities;

the nominee holder - the foreign financial organization which is registered in the state which is the member of the European Union and/or the member Gruppy of development of financial measures of anti-money laundering (FATF) and is member of International association for system concerning servicing of securities (ISSA), conforms to the requirements established by this Provision and according to the legislation of the state in which it is registered, has the right to provide to the clients services in accounting of securities and registration of transition of the property right to securities, including in other states based on the relevant contracts with foreign financial institutions;

the accounting register of owners of personalized securities (further - the accounting register) - the list of owners of personalized securities of certain release which contains the data determined by this Provision and is created according to entries on accounts in securities of owners of the securities served by depository institution and information on owners of securities if owners of such securities are clients (clients of clients) of nominee holders, for which the depository institution opens accounts in securities, and also depositary correspondent according to entries on accounts in securities of clients of depositary correspondent, clients of the client of depositary correspondent;

burdening of securities obligations - any restrictions concerning ownership, uses or the orders securities connected with conditions of inheritance, pledge, judgments or decisions of the body authorized by the law or its official and in other cases, stipulated by the legislation Ukraine;

the operator of the account - the authorized person of depository institution which within implementation of depository activity provides/receives the order/notification on implementation of accounting transactions on the aggregated and/or segregated account of depository institution in the Central depositary. Information on the operator (operators) of the account is provided by depository institution to the Central depositary according to internal documents of the Central depositary;

operational day of depository institution - the term of its work determined by internal documents of depository institution during which it performs transactions on depository activity;

operational day of the Central depositary - the term of its work determined by Rules of the Central depositary and/or other internal documents of the Central depositary during which it performs transactions on depository activity and/or clearing activities in case of receipt of the corresponding license by it;

transaction concerning securities - action of the stock market participant which leads to acquisition of rights or the termination of the rights to securities or restriction of turnover of securities and/or realization of the rights on securities;

person responsible for holding meeting - person who has the rights and obligations, stipulated by the legislation about holding meeting of bondholders and is:

1) bond issuing institution (except case of appointment of the administrator on bond issue);

2) the administrator on bond issue (in case of appointment of the administrator on bond issue - since finding of the powers by it and before their termination);

3) the bondholder or one of bondholders determined by agreement between bondholders, drawn up in writing (in case of convocation of meeting of bondholders in the cases provided by the Law of Ukraine "About the capital markets and the organized goods markets" at the initiative of one or several bondholders who in total own bonds which total nominal value is equal or exceeds 10 percent of total nominal value of non-redeemed bonds of the corresponding release);

4) one of persons responsible for holding meeting of bondholders which is determined by the written arrangement of persons responsible for holding meeting of releases of one issuer (in case of holding meeting of bondholders of several bond issues of one issuer and if persons responsible for holding meeting for such releases are different);

5) the Central depositary based on the relevant agreement (in case of the authorization person who has the right to initiate holding meeting, of the Central depositary to perform functions of person responsible for holding meeting of bondholders);

the representative of the owner of securities at meeting - person to whom the owner (co-owners) of securities, namely by the owner of shares/shares of corporate investment fund / bonds in the procedure established by the legislation confers powers on participation respectively in general meeting of shareholders / general meeting of members of corporate investment fund / meeting of bondholders (further - meeting of owners of securities);

priority - the privilege on securities of one person concerning the right on the same securities of other person;

the register of owners of personalized securities (further - the register of owners) - the list of owners of personalized securities constituted according to requirements of the legislation the Central depositary for certain date with indication of the number of the personalized securities belonging to the specified owners on the property right, nominal value and type of such securities and the other information determined by this Provision;

details of the owner of securities, the representative of the owner of securities at meeting of owners of securities (details of person) - name of physical person or the name of the legal entity which are used in the understanding given in the Civil code of Ukraine or specifying that the owner of securities is the state or territorial (territorial) community (communities) (with indication of the name of administrative and territorial unit), with reduction of the name of the subject of management of objects of the state property / municipal property, the name, series (in the presence), number, date of issue of the document certifying physical person this about registration number of accounting card of the taxpayer (in the presence) or series (in the presence) and passport number (for physical person, which on the religious beliefs refuses adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body and in which passport the mark about the right to make any payments on series and/or passport number) or identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine (further - code on EGRPOU) (for the state / territorial (territorial) community (communities) - the subject of management of objects of state-owned/municipal property) / identification code from the trade, bank or judicial register or information on registration of the legal entity according to the legislation of the country of its location, registration code according to the Unified state register of institutes of joint investment (further - EGRISI) (for mutual investment fund) is made;

the order - the document containing the requirement to the Central depositary, depositary correspondent of depository institution to execute one or several interconnected depository operations;

the manager of the account in securities - the status which in the Central depositary, in depositary (concerning the account (accounts) in securities of the issuer, depositary correspondent, depository institution) organization acquires the physical person having powers to sign the order or to provide otherwise, the provided this Provision, internal documents of the Central depositary, depository institution or the relevant agreements signed with the Central depositary, depository institution, the drawn-up requirements concerning accomplishment of transactions in system of depositary accounting.

the segregated account - the account in securities which opens the Central depositary to depository institution for implementation of the isolated accounting of securities, the rights to which it is right, on which belong to the separate depositor of such depository institution, the owner of securities who has no status of the depositor, to depository institution as to the owner, the corresponding creditor - in case of transfer of securities on the deposit of the notary or to clients (the client's clients) of the nominee holder.

The term "information on the issued deposit certificates of bank" is used in the value given in the regulatory legal act of the National commission on securities and the stock market about procedure of issue and cancellation of registration of release of deposit certificates of bank.

3. Documents (their copy) which according to this Provision are filed to the Central depositary depository institutions and shall be certified by seal (seals), require such certificate in case of use by person in the activities of seal (seals). The procedure for representation by clients to the Central depositary of documents (their copies) is determined by Rules and other internal documents (standards) of the Central depositary. The fact of use/non-use by person in the activities of seal is confirmed by the relevant information in the questionnaire of the account in securities, the questionnaire managing the account.

In case of non-use by legal resident person of seal the card with specimen signatures of managers of the account in securities is signed in the presence of the employee of depository institution according to the procedure, established by this Provision, or makes sure the notary or the official who according to the law has the right to making of such notarial actions.

In case of non-use by the client of the Central depositary - resident of seal and provision in the Central depositary of card with specimen signatures of managers of the account in the form of the paper document it makes sure of securities the notary or the official who according to the law has the right to making of such notarial actions.

 Others can be provided by internal documents of the Central depositary, depository institution procedure, form and method of receipt of the specimen signature of the manager of the account in securities, than by registration and representation in the cases established by this Provision, cards with specimen signatures of managers of the account in securities. If internal documents of the Central depositary, depository institution and the relevant contract with the client, the depositor provide exchange between the Central depositary, depository institution and their client, the depositor of the orders, notifications, information provided in connection with execution by agreement parties in the form of electronic documents according to the legislation on electronic documents and the electronic document management according to the procedure established by internal documents of the Central depositary, depository institution respectively the card with specimen signatures of managers of the account in securities can not move.

4. Control of observance by the Central depositary and other professional participants of the stock market of requirements of this provision is performed by the Commission.

II. General requirements to servicing of securities in depositary system of Ukraine

1. The central depositary, depository institutions perform depository activity only concerning issued securities to which international security identification number (ISIN) is appropriated (further - code of securities).

2. Participants of depositary system of Ukraine are forbidden to perform depository activity concerning bills of exchange and mortgage.

3. Servicing of placement and turnover of securities of foreign issuers in the territory of Ukraine is performed by the Central depositary and depository institutions on condition of their admission and/or registration according to the procedure, stipulated by the legislation Ukraine.

4. The accounting treatment for securities in depositary of foreign state or the international depositary and clearing institution and confirmation of the rights to securities of the Ukrainian issuers which are considered on their accounts in securities in the Central depositary is established by the legislation of the country of the location of depositary of foreign state or the international depositary and clearing institution respectively.

5. The central depositary, depository institutions is forbidden to perform depository activity concerning securities which are placed electronically or transferred to such form in case of dematerialization or converting, without registration on all their release of the global certificate with its obligatory deposition in the Central depositary if other is not stipulated by the legislation other countries concerning accounting of the securities placed outside Ukraine.

6. Depository activity with government securities and bonds of local loans, servicing of the account in securities of the National Bank of Ukraine in the Central depositary, including feature of its functioning, accounting of securities on it and carrying out transactions on it, are performed according to the features of activities of the National Bank of Ukraine in the security market approved by the Commission and approved by the National Bank of Ukraine.

7. The system of depositary accounting of securities is constituted:

source documents;

accounting registers of operational accounting;

accounts in securities;

register of codes of securities.

8. Documents which are the basis for implementation of depository operations belong to source documents, namely:

the documents submitted for opening of the account in securities;

orders;

the documents confirming implementation of transactions of the issuer of the securities which are rather issued by it;

the documents confirming implementation of unconditional transactions with securities;

the documents confirming implementation of transactions concerning securities;

other source documents determined by the legislation of Ukraine.

Corrections in source documents are not allowed.

9. Accounting registers of operational accounting - secondary documents as result of the chronological, systematized grouping and generalization of information of source documents. The depositary balance, magazines or other accounting documents which list is determined by internal documents of the Central depositary, depository institution taking into account requirements of this provision belong to accounting registers of operational accounting, in particular.

Accounting registers of operational accounting shall be kept in chronological procedure and display all depository operations.

Corrections in accounting registers of operational accounting are not allowed. Error corrections in accounting registers of operational accounting can be performed only by carrying out the adjusting transactions with obligatory specifying of details of the documents confirming legitimacy of implementation of such adjustment.

The central depositary, depository institution for the purpose of reconciliation and control according to the legislation constitute depositary balance (the consolidated balance and in the cases determined by internal documents of the Central depositary, depository institution, - balance on each issue of securities) between amount placed in the Central depositary, depository institution of depositary assets and distribution of the securities constituting these depositary assets between accounts in securities of clients, depositors, owners of the securities which do not have the status of depositors, operational day in the cases and procedure determined by Rules and other internal documents of the Central depositary. The consolidated balance - balance of the Central depositary, depository institution on all issues of securities, considered by these persons on accounts in securities of clients, depositors, owners of the securities which do not have the status of depositors according to all to the depositary assets received by them.

When carrying out depositary accounting the Central depositary, depository institution constantly shall provide respect for depositary balance.

10. Source documents which are the basis for implementation of depository operations (modification of system of depositary accounting) and are provided by the depositor, the client to depository institution or provided by the client to the Central depositary, can be constituted in the form of the paper and/or electronic document. In case of their creation in electronic form the Central depositary, depository institution shall provide if necessary seal of such paper documents. The storage duration of source documents on paper constitutes five years from the moment of accomplishment of depository operation by depository institution by results of adoption of such documents if other is not stipulated by the legislation Ukraine.

Destruction of source documents is on paper performed by the Central depositary or depository institution in the bumagorezatelny machine or by burning with obligatory creation of the act of destruction. The register of the destroyed documents which shall contain information concerning the name and details of the destroyed documents shall be integral part of the act of destruction. Destruction of source documents is performed by the commission in number of at least three people. The structure of the commission affirms the head of the Central depositary or depository institution.

11. The central depositary, depository institution when implementing depository activity shall organize and provide constant control behind carrying out depository operations at all stages of their accomplishment.

12. The central depositary, depository institution shall provide reliable document storage, belonging to system of depositary accounting, according to requirements of regulatory legal acts of Ukraine.

In case of loss or unauthorized destruction of source documents, accounting registers of operational accounting or their damage that resulted in impossibility of use, the head of the Central depositary, depository institution in writing no later than three working days from the date of identification notifies on it the Commission (in case of the specified situation in depository institution the Central depositary in addition is notified) and the order appoints the commission for establishment of the list of the absent (damaged) documents and investigation of the reasons of their damage, loss or unauthorized destruction. For participation in work of the commission employees of law-enforcement and other public authorities can be attracted.

Results of work of the commission are drawn up by the act which affirms the head of the Central depositary, depository institution.

13. Account of the rights to securities of the specific owner is kept by exclusively depository institutions (except accounting of the rights to securities which are considered on the account of the nominee holder), depositaries correspondents and nominee holders or their clients, and accounting of securities and rights on securities - exclusively Central depositary.

Accounting of securities, rights to securities is also right on the securities belonging to clients of the nominee holder, and also clients of the client of the nominee holder is conducted by depository institutions into accounts in securities of the nominee holder.

Account of obligations of the issuer on securities of own releases of the issuer (the rights on securities) is kept by the Central depositary concerning each issue of securities based on deposition of the global certificate and/or the temporary global certificate, or information on the issued deposit certificates of bank.

14. The depository institution shall record the rights to the securities belonging to this depository institution as to the legal entity, separately from accounting of the rights to the securities belonging to its depositors, clients of the nominee holder, and also clients of the client of the nominee holder.

15. The procedure for maintaining the register of codes of securities is established by the Central depositary according to the international standards. The central depositary in the procedure established by the supervisory board of the Central depositary provides disclosure of information from the register of codes of securities on own website on the Internet according to requirements of the legislation of Ukraine.

III. Main functions of the Central depositary and depository institutions

1. The central depositary for implementation of depository activity performs such functions:

Depositary accounting of securities - the generalized accounting of securities and restrictions of the rights to securities on accounts in securities of clients;

servicing of turnover of securities on accounts in securities of clients;

servicing of corporate transactions of the issuer on accounts in securities of clients;

storage of the securities carried to competence of the Central depositary according to the Law on accounts in securities of his clients and accounting is right on these securities;

about assignment of code of securities according to the international standards;

maintaining register of codes of securities.

The central depositary can assign code for legal entities, including nonresidents, according to the international standards, to perform maintaining the register of codes of legal entities (the international identification codes of legal entities (LEI codes).

Depository institutions for implementation of depository activity by them perform such functions:

depositary accounting of securities - accounting of securities, rights to securities and their restrictions on accounts in securities of depositors; accounting of securities, rights to securities is also right on the securities belonging to clients of the nominee holder, and also clients of the client of the nominee holder on accounts in securities of nominee holders;

servicing of turnover of securities on accounts in securities of depositors of clients;

servicing of corporate transactions of the issuer on accounts in securities of depositors of clients.

2. For ensuring function concerning storage of securities the Central depositary performs, in particular, such depository operations:

acceptance, storage of information on the issued deposit certificates of bank, global certificates and temporary global certificates of the securities carried to its competence;

accounting of obligations of the issuer on securities of own releases concerning each issue of securities based on the deposited global certificate and/or the temporary global certificate, or information on the issued deposit certificates of bank;

acceptance, storage and inventory count of certificates of bearer securities;

verification of certificates of bearer securities on authenticity and on availability of all details established by the legislation;

other transactions which can be referred by the legislation to function of storage of securities.

3. For accomplishment of functions of rather depositary accounting of securities, servicing of turnover of securities and corporate transactions of the issuer on accounts in securities the Central depositary and depository institutions perform such depository operations:

administrative transactions;

accounting transactions;

information transactions.

The list, procedure for forming and maintaining accounting registers on reflection of administrative, accounting and information transactions, creation forms (the paper and/or electronic document) of statements and account statements in securities and other information messages are established by internal documents of depository institution, Central depositary.

4. Administrative transactions - depository operations on opening of accounts in securities, modification of the questionnaire of the account, closing of accounts in securities and other transactions which consequence the changes in system of depositary accounting which are not connected with change of remaining balance of securities, rights to securities on accounts in securities are.

5. Accounting transactions - depository operations on account management in securities and display of transactions with securities which consequence change of quantity of securities, the rights to securities on accounts in securities, establishments or lifting of restrictions concerning their address is.

Transactions of transfer, write-off, transfer, establishment and lifting of restrictions of the rights to securities belong to accounting transactions of the Central depositary, depository institutions and/or it is right on securities:

1) transfer - accounting transaction which displays introduction in system of depositary accounting of the Central depositary, depository institution of certain quantity of depositary assets and increase in quantity of securities, the rights to securities on the account in securities of the client, depositor on the same quantity.

No. 327 is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 13.06.2019;

2) write-off - accounting transaction which displays removal (withdrawal) of certain quantity of depositary assets on which the Central depositary, the depository institution was performed by depositary accounting, and reduction of quantity of securities, the rights to securities on the account in securities of the client, depositor on the same quantity.

No. 327 is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 13.06.2019;

3) the translation - the accounting transaction reflecting the translation of securities (the rights to securities it is also right on securities) the corresponding release from one account in securities into other account in securities in case of which the amount of depositary asset on this release does not change;

the paragraph two is excluded according to the Decision of the National commission on securities and the stock market of Ukraine of 26.05.2023 No. 570

4) establishment and lifting of restrictions of the rights to securities and/or it is right on securities - accounting transaction which does not lead to transition of the rights to securities and is connected, in particular, with establishment or lifting of restrictions on securities disposal or restrictions of the rights on securities. In case of its implementation certain quantity or all securities, the rights to securities and/or the rights on securities which are considered on the account in securities of the client, the depositor are blocked/will be unblocked on this account in securities by implementation of the corresponding accounting records.

6. Information transactions - depository operations which consequence issue of statements and references from the account in securities and other information concerning transactions of depositors or clients on accounts in securities according to requirements of this Provision and conditions of the agreements signed by clients/depositors with the Central depositary / depository institutions is.

7. Transactions on preparation and issue belong to information transactions of the Central depositary and depository institutions:

statements or references from the account in securities;

information references;

depository institution to the shareholder of information on its inclusion in the accounting register submitted to the Central depositary for forming by it of the list of the shareholders having the right to participate in general meeting;

The central depositary to the issuer or the depository institution determined by the issuer, to the register of owners of securities;

depository institution to the Central depositary of the accounting register;

to the issuer the depository institution determined by this issuer, to the register of owners of securities;

The central depositary of the statement from the list of persons who have the right to dividends contain information on inclusion of person in the specified list (it is issued according to the procedure, established by internal documents of the Central depositary, at the request of person having the right to dividends, or person authorized by it in case of adoption of such list by the Central depositary);

The central depositary of the reference concerning not transfer of dividends through depositary system of Ukraine (it is issued at the request of person according to the procedure, established by internal documents of the Central depositary, on certain releases with certain payment date)

The help and analytical materials characterizing the security market, information (materials) about procedure for realization by the owner of securities of the rights to securities it is also right on securities.

Depository operations concerning the direction also belong to information transactions of the Central depositary and depository institutions:

information on corporate transactions of the issuer;

information on holding extraordinary general meeting of joint-stock company upon the demand of shareholders (shareholder) who, (which) on the date of submission of the requirement about holding extraordinary general meeting in total are owners (owner) of 5 and more percent of voting shares of joint-stock company;

messages or other information through depositary system of Ukraine according to requirements of the legislation.

Issue of the account statement in securities which is documentary confirmation of availability on certain timepoint of the rights to securities and it is right on securities of the depositor (in case of transfer of securities on the deposit of the notary - the corresponding creditor), is only transaction of depository institution.

The account statement in securities of the nominee holder which is documentary confirmation of availability on certain timepoint of the rights to securities on the account of the nominee holder belonging to clients of the nominee holder or clients of the client of the nominee holder is issued by depository institution and is not confirmation of the property right to securities.

8. The depository institution with which the issuer signs the agreement on opening of accounts in securities to owners according to the regulatory legal act of the Commission which establishes procedure for the transfer of release of personalized securities of documentary form of existence to electronic form of existence can perform for such issuer preparation and provision of the help and analytical materials characterizing the security market, and also consultation on questions of security circulation and accounting of the property rights to them.

9. The central depositary, except the transactions specified in Item 7 of this Section performs transfer to the clients of information on the admission, stop and the admission of securities received by the Central depositary from operators of the organized market of the capital to the biddings in the organized markets of the capital (the securities admitted to trading in the organized market of the capital) created by these operators in case of obtaining from them such information if transfer of such information is provided by conditions of contracts with clients.

10. Depository operations (except depository operation on opening of the account in securities) are carried out by the Central depositary, depository institution no later than three working days from acceptance date of the order and/or the documents which are the basis for implementation of these transactions except the cases provided by this Provision or case when at the order or in the relevant agreement (the depositary agreement, the service agreement of issue of securities, the agreement on correspondence relations, the service agreement of the account in securities, the agreement of escrow account in securities, the service provision agreement on servicing of the account in securities of the nominee holder, the service agreement of person performing clearing activities) establishes other (later) the term of its accomplishment or during the specified term the partner according to the corresponding transactions did not provide the order on carrying out the corresponding depository operation, which shall be performed in pursuance of this transaction.

Opening of the account in securities by the Central depositary, depository institution is performed after the conclusion of the relevant contract with the client, depositor no later than three working days from the date of receipt of documents, stipulated by the legislation for opening of the account in securities if other (later) term is not provided by the contract with the client, the depositor, based on provided to the Central depositary, depository institution of documents.

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