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

of August 6, 2013 No. 1415

About approval of the Procedure for cancellation of the shares redeemed by joint-stock company without change of the size of the authorized capital

According to Items 1, 3 parts two of Article 7, Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", part one of article 17 of the Law of Ukraine "About joint-stock companies", for the purpose of establishment of procedure for cancellation of the shares redeemed by joint-stock company and increase in nominal value of other shares without change of the size of the authorized capital the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for cancellation of the shares redeemed by joint-stock company without change of the size of the authorized capital which is applied.

2. And corporate finances (A. Papaik) to provide to corporate management department 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):

promulgation of this decision on the official website of the National commission on securities and the stock market;

publication of this decision in the official printing publication of the National commission on securities and the stock market.

4. This decision becomes effective since October 12, 2013, but not earlier than day 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 A. Amelin.

Approved by the Decision of the National commission on securities and the stock market of Ukraine of August 6, 2013, No. 1415

Procedure for cancellation of the shares redeemed by joint-stock company without change of the size of the authorized capital

І. General provisions

1. This Procedure establishes:

the mechanism of cancellation of the shares redeemed by joint-stock company and increases in nominal value of other shares without change of the size of the authorized capital;

terms and order of registration the National commission on securities and the stock market of share issue of new nominal value in connection with adoption by joint-stock company of the decision on cancellation of the shares redeemed by joint-stock company without change of the size of the authorized capital;

the list of documents which are filed to the National commission on securities and the stock market for registration of share issue of new nominal value in connection with adoption by joint-stock company of the decision on cancellation of the shares redeemed by joint-stock company without change of the size of the authorized capital, and the requirement to execution of such documents.

2. Action of this Procedure extends to joint-stock companies which general meeting made the decision on introduction of amendments to the charter of society regarding change of nominal value and the number of placed shares as a result of cancellation of the redeemed shares and increase in nominal value of other shares without change of the size of the authorized capital.

3. The joint-stock company has power of decision about cancellation of the shares which are earlier redeemed by society without change of the size of the authorized capital and reduction of their total quantity in amount which does not exceed the number of the redeemed shares which are available on balance of joint-stock company at the time of adoption of the relevant decision.

4. Preserving the size of the authorized capital of joint-stock company in case of cancellation of the shares redeemed by joint-stock company is performed only by increase in nominal value of other shares due to use of the supplementary capital (its part), arrived (its parts).

Preserving the size of the authorized capital of joint-stock company in case of cancellation of the shares redeemed by joint-stock company at the expense of the supplementary capital (its part), profit (its part) can be performed with combination of these sources.

5. Total amount of the supplementary capital (its part) and/or profits (its part) shall provide total share par value after completion of the procedure of cancellation of the shares redeemed by society without change of the size of the authorized capital and increase in nominal value of other shares.

6. Cancellation of the shares redeemed by joint-stock company is performed along with increase in nominal value of other shares therefore the share of old nominal value is converted into one share of new nominal value of the same type and class.

7. Converting of shares of the joint-stock company which made the decision on cancellation of the redeemed shares without change of the size of the authorized capital in the share of new nominal value shall happen on indicator (coefficient) which characterizes ratio of par value per share of joint-stock company for decision date about cancellation of the redeemed shares without change of the size of the authorized capital to par value per share which is determined in the relevant decision.

8. Par value per share after completion of the procedure of cancellation of the shares redeemed by joint-stock company and increase in nominal value of other shares shall have integer in kopeks taking into account the requirement for the minimum par value per share.

9. Registration of share issue of new nominal value is performed by the National commission on securities and the stock market (further - registering body).

10. For registration of share issue the applicant files the documents determined by this Procedure (if the data containing in them are not introduced in the relevant information bases in sufficient amount).

The impress of a seal is not obligatory detail of any of documents which submission to registering body is provided by this Procedure. Copies of documents which submission to registering body is provided by this Procedure are considered certified in accordance with the established procedure if on such copies the authorized signature of the subject of managing is put down.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info