It is registered
Ministry of Justice of Ukraine
September 2, 2013
of August 6, 2013 No. 1413
About approval of Requirements to the service agreement of issues of securities between the issuer and the Central depositary
According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", part seven of article 5 of the Law of Ukraine "About depositary system of Ukraine" and for the purpose of ensuring protection of the rights of stock market participants and observance of requirements of acts of the legislation by them the National commission on securities and the stock market RESHILA:
1. Approve Requirements to the service agreement of issues of securities between the issuer and the Central depositary (further - Requirements) which are applied.
2. To Central Securities Depository for year from the date of entry into force of the Law of Ukraine "About depositary system of Ukraine" to perform actions concerning reduction of service agreements of issue of the securities signed by issuers to the introduction in operation of this Law in compliance with Requirements (except the case provided by the offer the second this Item). For implementation of payment under transactions concerning securities "delivery of securities against payment" according to requirements of the Law of Ukraine "About depositary system of Ukraine" the service agreements of issues of securities concluded to the introduction in action of this decision shall be brought with respect for the principle into accord with Requirements before day of entry into force of the Law of Ukraine "About depositary system of Ukraine".
3. To provide to department of regulation of depository and settlement and clearing activity (I. Kurochkin) submission 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 in the official printing publication of the National commission on securities and the stock market;
promulgation of this decision on the official site of the National commission on securities and the stock market.
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 August 6, 2013 No. 1413
1. These Requirements extend to issuers and Central Securities Depository (further - the Central depositary) in case of the conclusion of service agreements of issues of securities (further - the Agreement), modification of them.
2. Terms which are used in these Requirements are used in the values given in the Laws of Ukraine "About depositary system of Ukraine", "About state regulation of the capital markets and the organized goods markets", "About the capital markets and the organized goods markets", "About joint-stock companies".
3. The agreement is signed between the issuer and the Central depositary according to which the Central depositary opens the account in securities for the issuer and performs servicing of corporate transactions of the issuer according to Ukraine established by the Law "About depositary system of Ukraine" competence.
4. The agreement shall be signed exclusively in writing, be stated in the form of the single document signed by the parties in paper form or in the form of the electronic document according to the requirements determined by the Law of Ukraine "About electronic documents and electronic document management".
The agreement fastening can be determined by seals (in case of their use) by the written arrangement of the parties.
In the consent of the issuer the Agreement can be signed by joining of the issuer to the Agreement offered by the Central depositary in general according to the Civil code of Ukraine and Economic the code of Ukraine, taking into account the requirements established by part two of article 6 of the Law of Ukraine "About financial services and state regulation of the markets of financial services". If the conclusion of the Agreement happens by joining of the issuer to the Agreement offered by the Central depositary, the text of such Agreement and change to it shall be promulgated on the website of the Central depositary. In case of the conclusion of the Agreement by accession the Central depositary shall provide informing the issuer on all conditions of such Agreement, on procedure for cancellation of the Agreement, and also on all changes to it. In case of the conclusion of the Agreement the Central depositary has no right to limit the issuer's right to the conclusion of the Contract with the Central depositary in the form of the single document determined by this Item.
The central depositary has no right to refuse to the issuer the conclusion of the Agreement in case of the appeal of the issuer to the Central depositary and provision of documents, stipulated by the legislation for the conclusion of the Agreement and provision of services.
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