It is registered
Ministry of Justice of Ukraine
September 11, 2013
of August 20, 2013 No. 1526
About approval of Requirements to the service agreement of clearing organization and the service agreement of Settlement center
According to Item 38 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 seven of article 5 of the Law of Ukraine "About depositary system of Ukraine" and for the purpose of 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 clearing organization and the agreement on obsluzhivaniye of Settlement center which are attached.
2. 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.
3. 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.
5. 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 20, 2013 No. 1526
1. These Requirements extend to person, performing clearing activities, and Central Securities Depository (further - the Central depositary) in case of the conclusion of the agreement of servicing of person performing clearing activities (further - the Agreement), introduction of amendments to the Agreement.
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" and so forth.
3. The agreement is signed between person performing clearing activities and the Central depositary according to which the Central depositary conducts in established by the National commission on securities and the stock market (further - the Commission) procedure, according to Rules and other internal documents of the Central depositary for accounts in securities of person performing clearing activities, accounting of the securities transferred to such person which are used by it for creation stipulated in Item 10 parts one of article 62 of the Law of Ukraine "About the capital markets and the organized goods markets" risk management system and guarantees of person performing clearing activities agrees the competence established by this Law for ensuring obligation fulfillment under the derivative contracts, agreements concerning financial instruments signed in the organized market of the capital and out of it.
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.
5. The agreement shall establish conditions concerning procedure for disclosure of information which according to the law belongs to information with limited access (information which is professional secrecy in the capital markets and the organized goods markets).
6. Questions which arise during the conclusion of accomplishment, changes, agreement cancelation and are not settled by it, are regulated by the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About depositary system of Ukraine", the Law of Ukraine "About the capital markets and the organized goods markets", these Requirements and other regulatory legal acts of the Commission.
1. The agreement shall contain:
date and detention center;
Agreement details of the parties;
subject of the agreement;
rights and obligations of the Parties;
procedure of payments for the provided services;
responsibility of the parties;
procedure for consideration of disputes which can arise between the parties in the course of accomplishment, change or agreement cancelation;
conditions of information security which requirement concerning protection is established by the law;
duration of the agreement, modification and termination of its action;
other conditions which do not contradict the legislation.
2. Agreement parties are person performing clearing activities, and the Central depositary.
Details of the parties of the Agreement shall contain concerning each party full name, the location, code on EGRPOU and bank details, series (in the presence), number (in the presence), date of issue of the license for carrying out clearing activities and/or acceptance date and number of the decision of the Commission on issue of the corresponding license, information on the document which confirms the power of the person signing the Agreement.
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