Unofficial translation. (c) Soyuzpravoinform
It is registered
Ministry of Justice of Ukraine
September 11, 2013
of August 20, 2013 No. 1524
About approval of Requirements to the agreement on carrying out calculations in securities by results of clearing
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 two of article 20 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 agreement on carrying out calculations in securities by results of clearing 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 are valuable to papers and the stock market of Ukraine of August 20, 2013 No. 1524
1. These Requirements extend to persons performing clearing activities for securities (further - persons performing clearing activities), and Central Securities Depository (further - the Central depositary) in case of the conclusion of the agreement on carrying out payment under securities by results of clearing (further - the Agreement), including in case of introduction of amendments to the Agreement.
2. The terms used in these Requirements are applied 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 between person performing clearing activities, and the Central depositary performs exchange of information, necessary for implementation of calculations in securities by results of clearing, including information based on which depository operations on accounts in securities of clients of the Central depositary for the purpose of ensuring execution of transactions concerning securities which accounting according to the competence established by the Law of Ukraine "About depositary system of Ukraine" performs the Central depositary are carried out by the Central depositary, made in the organized markets of the capital and out of them, on condition of carrying out calculations with respect for the principle "delivery of securities against payment".
4. The agreement shall be signed exclusively in writing, give all the best in the form of the single document signed by the parties in paper form or in electronic form according to the requirements determined by the Law of Ukraine "About electronic documents and electronic document management".
The fastening of the agreement signed in paper form, seals (in case of their use) shall be determined by the written arrangement of the parties.
5. Except the cases provided by the law and/or regulations on clearing activities established by NKTsBFR, the Central depositary has no right to refuse to person performing clearing activities the conclusion of the Agreement on the conditions published on the official website of the Central depositary provided that such person performing clearing activities conforms to requirements which are determined by the legislation and internal documents of the Central depositary, and provided to the Central depositary all information and documents, stipulated by the legislation and internal documents of the Central depositary for the conclusion of the Agreement.
In case the Agreement is signed on other conditions, than the conditions promulgated on the official website of the Central depositary, the conclusion of the Agreement is performed only in case of achievement of consent of the parties on all conditions of such Agreement.
6. The agreement shall establish conditions concerning procedure for disclosure of information which according to the law belongs to information with limited access.
7. The questions arising during the conclusion, execution, change, agreement cancelation and which are not settled by it are regulated by the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About depositary system of Ukraine", "About the capital markets and the organized goods markets", these Requirements and other regulatory legal acts of the National commission on securities and the stock market.
1. The agreement shall contain:
date and detention center;
Agreement details of the parties;
subject of the agreement;
rights and obligations of the Parties;
responsibility of the parties (including, conditions under which the parties are exempted from liability);
procedure for consideration of disputes which can arise between the parties in the course of accomplishment, change or agreement cancelation;
information security conditions, the requirement for which protection is established by the law;
duration of the agreement, procedure for modification, condition of agreement cancelation and termination of its action.
2. Agreement parties is the face performing clearing activities, and the Central depositary.
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