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

of May 21, 2013 No. 862

About approval of Licensed conditions of carrying out professional activity in the stock market (security market) - depository activity and clearing activities

According to paragraphs the second and fourth Articles 3, Article 4, Items 9, 27 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" the National commission on securities and the stock market RESHILA:

1. Approve Licensed conditions of carrying out professional activity in the stock market (security market) - depository activity and clearing activities it (is applied).

2. 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.

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.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of May 21, 2013 No. 862

Licensed conditions of implementation of professional activity in the stock market (security market) - depository activity and clearing activities

I. General provisions

1. These Licensed conditions are developed by the National commission on securities and the stock market (further - the Commission) according to Civil and Economic codes of Ukraine, Chapter III of the Labor code of Ukraine, Articles 16, of 17, of 19, of 27-1 Law of Ukraine "About securities and the stock market", the Laws of Ukraine "About joint-stock companies", "About economic societies", "About depositary system of Ukraine", "About Chambers of Commerce and Industry in Ukraine", "About financial services and state regulation of the markets of financial services", "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", "About state registration of legal entities, physical persons entrepreneurs and public forming", "About banks and banking activity", "About financial accounting and the financial reporting in Ukraine" "About licensing of types of economic activity", other regulatory legal acts on the questions regulating activities of professional participants of the stock market, and establishing the qualification, organizational, production and other special requirements obligatory for accomplishment when implementing professional activity in the stock market - depository activity (except depository activity of the Central depositary and the National Bank of Ukraine) and clearing activities.

2. In these Licensed conditions the terms "depository activity", "depository institution" are used in the values given in the Law of Ukraine "About depositary system of Ukraine".

The terms "depository activity of depository institution", "activities for storage of assets of institutes of joint investment", "activities for storage of assets of the pension funds", "clearing activities" are used in the values given in the Law of Ukraine "About state regulation of the security market in Ukraine".

The term "force majeur circumstances" is used in the value determined by the Law of Ukraine "About Chambers of Commerce and Industry in Ukraine".

3. The professional participant of the stock market (licensee) according to the obtained license for implementation of separate type of professional activity in the stock market, stipulated in Item 1 it undressed, has the right to perform such types of activity:

1) depository activity:

depository activity of depository institution;

activities for storage of assets of institutes of joint investment;

activities for storage of assets of the pension funds;

2) clearing activities.

4. The requirements established by these Licensed conditions shall be carried out by licensees and their officials during all term of carrying out depository or clearing activity.

5. The impress of a seal is not obligatory detail of any of documents which submission to the Commission is provided by these Licensed conditions. Copies of documents which submission to the Commission is provided by these Licensed conditions are considered certified in accordance with the established procedure if on such copies the authorized signature of the licensee is put down.

II. Conditions of carrying out professional activity in the stock market - depository activity

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