It is registered
Ministry of Justice of Ukraine
October 9, 2013
No. 1726/24258
of September 25, 2013 No. 386
About approval of the Procedure for transfer of bond issues of local loans to the National Bank of Ukraine
According to the powers of the National Bank of Ukraine determined by article 5 of the Law of Ukraine "About state regulation of the security market in Ukraine" and on accomplishment of part one of article 13 of the Law of Ukraine "About depositary system of Ukraine" the Board of the National Bank of Ukraine DECIDES:
1. Approve the Procedure for transfer of bond issues of local loans to the National Bank of Ukraine which is applied.
2. To keepers of securities which based on the existing depositary agreements are served by PJSC SETTLEMENT CENTER ON SERVICING of AGREEMENTS IN the FINANCIAL MARKETS (further - Settlement center) and PJSC National Depositary of Ukraine (Central Securities Depository - after acquisition of PJSC National Depositary of Ukraine of such status) and at which on accounts in securities of owners bonds of local loans are considered and which have no account in securities in the National Bank of Ukraine (further - National Bank) to file documents for opening of the account in securities and not later than October 11, 2013 to sign the depositary contract with National Bank.
3. To open for keepers of securities along with the conclusion of the depositary contract with National Bank accounts in securities, including in software module for interaction with system of depositary accounting of National Bank (in case of its availability), to all depositors - bondholders of local loans which have accounts in securities in software module for interaction with system of depositary accounting of Settlement center and/or Central Securities Depository and to provide functioning of these accounts according to requirements of the legislation of Ukraine.
4. To bond issuing institutions of local loans which are served by Settlement center and/or Central Securities Depository to file documents for opening of accounts in securities and not later than October 11, 2013 to sign the service agreement of issues of securities with National Bank.
5. To general department of monetary policy (Scherbakova O. A.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to permission of keepers - clients of depositary of National Bank, Central Securities Depository and Settlement center for use in work.
6. To impose control over the implementation of this resolution on the First Deputy Chairman of National Bank Prikhodko B. V.
7. The resolution becomes effective from the date of its official publication.
Chairman
I. V. Sorkin
Approved by the Resolution of Board of the National Bank of Ukraine of September 25, 2013, No. 386
1. This Procedure establishes requirements to actions of PJSC National Depositary of Ukraine (Central Securities Depository - after acquisition of PJSC National Depositary of Ukraine of such status) (further - the Central depositary), "SETTLEMENT CENTER ON SERVICING of AGREEMENTS IN the FINANCIAL MARKETS" PUBLIC JOINT STOCK COMPANY (further - Settlement center), keepers of securities (depository institutions - after entry into force of the Law of Ukraine "About depositary system of Ukraine") (further - depository institutions), bond issuing institutions of local loans (further - issuers) and other professional participants of the stock market connected with transfer of all bond issues of local loans of undocumented form of existence on storage and servicing in the National Bank of Ukraine (further - National Bank).
2. Control of observance by National Bank, the Central depositary, Settlement center, other professional participants of the stock market and issuers of requirements of this Procedure is performed by the National commission on securities and the stock market (further - the Commission).
3. In this Procedure terms are used in such values:
date of transfer - on October 12, 2013. This day transfer of all number of the global certificates, temporary global certificates and/or documents provided by this Procedure from Settlement center and/or the Central depositary (further - Depositary) to National Bank according to the register of global certificates and/or temporary global bond certificates of local loans constituted by Depositary is performed (further - the register);
transfer of bonds of local loans to National Bank (further - transfer of securities) - transfer of bond issues of local loans which exist in undocumented form, and the documents provided by this Procedure for storage and servicing in National Bank that provides, in particular:
transfer of global certificates, temporary global certificates on all bond issues of local loans which are kept in Depositary, and the relevant documents from Depositary in National Bank;
deposition of global certificates, temporary global certificates and transfer of securities which constitute these depositary assets, into accounts in securities (further - accounts) clients of National Bank in system of depositary accounting of National Bank together with the corresponding write-off of all securities of these releases from customer accounts of Depositary in system of depositary accounting of Depositary according to this Procedure;
carrying out transactions by depository institutions on the translation of securities which are transferred to storage and servicing to National Bank, from accounts of owners of these securities opened in software module for interaction with system of depositary accounting of Depositary into the accounts of the same owners opened in depository institutions, including in software module for interaction with system of depositary accounting of National Bank (in case of its availability), according to requirements of this Procedure.
Other terms and concepts which are used in this Procedure are applied in the values determined by the legislation of Ukraine, including regulatory legal acts of National Bank.
4. Transfer of securities from Depositary to National Bank is performed one-time on October 12, 2013 on all bond issues of local loans which are kept in Depositary and are entered in the register.
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The document ceased to be valid since July 20, 2017 according to Item 1 of the Resolution of Board of the National Bank of Ukraine of July 18, 2017 No. 64