DECISION OF THE NATIONAL COMMISSION ON SECURITIES AND STOCK MARKET OF UKRAINE

of December 16, 2014 No. 1708

About approval of the Provision on the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market

According to the paragraph the second Articles 3, Item 27 parts two of article 7 of the Law of Ukraine "About state regulation of the security market in Ukraine" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market which is applied.

2. Declare invalid the decision of State commission on securities and the stock market of March 16, 2006 No. 160 "About approval of the Provision on the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market and recognition voided decisions of State commission on securities and to the stock market of 18.05.99 No. 104", registered in the Ministry of Justice of Ukraine on April 10, 2006 for No. 409/12283 (with changes).

3. To banks in case of application of Item 6 of the Provision concerning the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market approved by this decision within 20 working days:

from the date of modification of the relevant domestic situations about operating structural unit of bank (its separate divisions) for implementation of professional activity in the stock market on establishment of policy of identification, prevention and elimination of conflict of interest in case of interaction with other divisions of bank which do not perform professional activity in the stock market to provide in the Commission the copy of such domestic situation with the made changes which sheets shall be numbered, strung together and certified by the authorized signature of bank;

from the date of the edition of corresponding document(s) on combination of positions to provide in the Commission the reference in any form of the certified specialists of operating structural units of bank (its separate divisions) performing separate types of professional activity in the stock market which combine work in other structural divisions of bank (its separate divisions) performing other types of activity which are not connected with securities with indication of:

surnames, name, specialist's middle name;

registration number of accounting card of the taxpayer or series (in the presence) and passport numbers (for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body and have mark in the passport);

the specialist's positions in operating structural unit of bank (its separate division);

names of division of bank in which the specialist works on position on combination, document details (date and number) by which the specialist is appointed to position (it is dismissed from position on position on combination;

positions on combination.

4. To provide to department of regulation of depository and clearing activity (I. Kurochkin) submission of this decision on state registration in the Ministry of Justice of Ukraine.

5. And clerical works (A. Zaik) to provide to management of information technologies promulgation of this decision in the official site of the National commission on securities and the stock market.

6. (A. Zbarazhskaya) to provide to management of internal audit and communications publication of this decision in the official printing publication of the National commission on securities and the stock market.

7. This decision becomes effective from the date of its official publication.

8. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market A. Tarasenko.

The minutes of the Commission of December 16, 2014 No. 63

Approved by the Decision of the National commission on securities and the stock market of Ukraine of December 16, 2014 No. 1708

Regulations on the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market

1. This Provision regulates questions of the organization of activities of banks and their separate divisions when implementing of professional activity by them in the stock market (security market): activities for the securities trading (dealer activities, broker activities, securities management, underwriting); depository activity (depository activity of depository institution, activities for storage of assets of institutes of joint investment; activities for storage of assets of the pension funds).

2. The term "conflict of interest" in this Provision is used in the value given in the Law of Ukraine "About banks and banking activity".

3. The bank (its separate division) shall organize the professional activity in the stock market as a part of operating structural units which are organizationally separated other divisions of bank (its separate divisions) performing other types of activity.

The operating structural unit of bank (its separate divisions) is the division performing separate type (types) of professional activity in the stock market based on domestic situation about the relevant division on condition of observance by it of the requirements for implementation of such activities established by the legislation.

4. The domestic situation about operating structural unit of bank (its separate divisions) for implementation of professional activity gets a foothold in the stock market according to the procedure, determined by internal documents of bank.

Such provision shall contain general requirements relatively:

1) the purpose and object of activity of operating structural unit which shall provide implementation of certain type of professional activity by such division in the stock market, taking into account the set restrictions;

2) availability of the minimum number of the leading officials and specialists of division who are certified in the procedure established by the National commission on securities and the stock market;

3) availability of the corresponding equipment and software and hardware complex using the qualified digital signature;

4) availability of the certain room for implementation of separate type of professional activity in the stock market;

5) restrictions for exchange of information with other divisions of bank which do not perform professional activity in the stock market;

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