THE ORDER OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE SPHERE OF THE MARKETS OF FINANCIAL SERVICES OF UKRAINE

of February 6, 2014 No. 352

About reference of transactions with financial assets to financial services and modification of the order of State commission on regulation of the markets of financial services of Ukraine of April 3, 2009 No. 231

According to Item 6 parts one of article 28 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", to Item 13 of the Regulations on the National commission performing state regulation in the sphere of the markets of financial services, No. approved by the Presidential decree of Ukraine of November 23, 2011 1070, the National commission performing state regulation in the sphere of the markets of financial services, POSTANOVILA:

1. Refer to financial service of factoring set of the following transactions with financial assets (except transactions with securities, including derivative securities, and also transactions of institutes of joint investment (further - ISI) which are performed according to the procedure and in the limits set by the Law of Ukraine "About institutes of joint investment" and the regulatory legal acts of the National commission on securities and the stock market regulating questions of activities of ISI):

financing of clients - the subjects of managing who signed the agreement from which the right of monetary claim follows;

acquisition of right of the yielded right of monetary claim, including right to claim which will arise in the future, to debtors under the agreement on which such concession is based;

receipt of payment for use of the money made available to the client including by discounting of amount of debt, interest apportionment, remuneration if other payment method is not provided by the agreement on which the concession is based.

2. Item 1 of the order of State commission on regulation of the markets of financial services of Ukraine of April 3, 2009 No. 231 "About reference of transactions with financial assets to financial services", registered in the Ministry of Justice of Ukraine on April 23, 2009 for No. 373/16389, to exclude.

With respect thereto to consider Items 2-6 respectively Items 1-5.

3. To provide to department of regulation and supervision of provision of financial services by finance companies submission of this order to the Ministry of Justice of Ukraine for state registration.

4. To provide to the sector of public relations and the protocol promulgation of this order after its state registration.

5. This order becomes effective from the date of its official publication.

6. Control over the implementation of this order to assign S. O to the member Natskomfinuslug Biryuk.

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