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Ministry of Justice of Ukraine

December 29, 2014

No. 1650/26427

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

(The last edition from 14-03-2019)

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.

3. 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.

4. 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.

5. (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.

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

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

Commission chairman

D. Tevelev

 

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 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.

3. 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;

6) restrictions for exchange of information with other divisions of bank performing professional activity in the stock market in case of combination of separate types of these activities;

7) the list of information which is not subject to transfer to other divisions of bank;

8) separate technical and technological support of division;

9) systems of protection against unauthorized information access of operating structural unit of bank;

10) systems of restriction of access for employees of bank who directly are not engaged in implementation of certain types of professional activity in the stock market, to certain premises of operating structural units of bank.

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