It is registered
Ministry of Justice of Ukraine
September 2, 2013
of August 6, 2013 No. 1412
About approval of Requirements to the service agreement of the account in securities
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" (further - the Law) and for the purpose of ensuring protection of the rights of investors and observance by members of the security market of requirements of acts of the legislation, the National commission on securities and the stock market RESHILA:
1. Approve Requirements to the service agreement of the account in securities (further - Requirements) which are attached.
2. To depository institutions which to the introduction to action of this decision carried out professional activity in the stock market - depository activity, namely depository activity of the keeper of securities, for year from the date of entry into force of the Law to perform actions concerning reduction of the agreements on opening of the account in securities signed with depositors before entry into force of the Law, in compliance with Requirements (except the case provided by the offer the second this Item). For implementation of payment under transactions concerning securities with respect for the principle "delivery of securities against payment" according to requirements of the Law to depository institutions to perform actions concerning reduction of the agreements on opening of the account in securities signed with depositors to the introduction in action of this decision in compliance with Requirements before day of entry into force of the Law.
The depository institution in case of non-execution by the depositor of necessary actions for reduction of the agreement on opening of the account in securities concluded before entry into force of the Law in compliance with Requirements, can refuse to the depositor carrying out depository operations (except the depository operations connected with the translation of securities into own account opened in other depository institution (with the subsequent account termination), account termination in securities), provision of services if it is provided by the contract with the depositor and/or internal documents of depository institution.
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. 1412
1. These Requirements extend to owners, including the state / territorial society which securities management is exercised by the subject of management of objects of the state property / municipal property determined according to the legislation (further - the subject of management), co-owners of securities, notaries on whose deposit securities are introduced (further - the depositor), and depository institutions in case of the conclusion of the service agreement of the account in securities (further - the Agreement), modification of it.
In these Requirements the term "consumer of financial services" is used in the value given in the Law of Ukraine "About financial services and state regulation of the markets of financial services", the term "final beneficial owner" - in the value given in the Law of Ukraine "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", terms "the accountable account", "the status of the tax residence" - in the values given in the Tax code of Ukraine.
2. The agreement is signed between the depositor and depository institution according to which the depository institution in the procedure established by the National commission on securities and the stock market opens the account in securities for the depositor and keeps on it account of securities which belong to the owner, co-owners of securities, in case of transfer of securities on the deposit of the notary - to the corresponding creditor, and also accounting of the rights of specified persons to securities which are considered on certain account in securities, and restrictions of such rights.
Concerning the account in securities which opens addressed to the state / territorial society the Agreement is signed between subject of management which acquires on this account the status managing the account in securities, and the depository institution elected by it. For acquisition in depository institution on the account in securities of the state of the status of the management managing the account in securities other subject such subject on behalf of the state shall sign with depository institution the additional agreement to the Agreement based on which this account was opened, with indication of in it all terms of the contract, except requirements concerning opening of the account in securities.
3. 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.
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