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

of December 1, 2015 No. 2021

About approval of the Regulations on supervision of observance of prudential standard rates by professional participants of the stock market

According to Articles 3, 8 Laws of Ukraine "About state regulation of the security market in Ukraine", part three of article 27 of the Law of Ukraine "About securities and the stock market" the National commission on securities and the stock market RESHILA:

1. Approve Regulations on supervision of observance of prudential standard rates by professional participants of the stock market which are applied.

2. To department of systematization and analysis of the financial reporting of members of the security market and issuers, and prudential supervision (K. Rafalskaya) to provide submission of this decision on state registration in the Ministry of Justice of Ukraine.

3. (A. Yushkevich) to provide to management of international cooperation and communications publication of this decision in the official printing publication of the National commission on securities and the stock market.

4. And clerical works to provide to department of information technologies promulgation of this decision on the official site of the National commission on securities and the stock market.

5. This decision becomes effective since January 01, 2016, but not earlier than day of its official publication.

6. Control over the implementation of this decision to assign to the member of the National commission on securities and the stock market D. Tarabakin.

Approved by the Decision of the National commission on securities and the stock market of December 1, 2015 No. 2021

Regulations on supervision of observance of prudential standard rates by professional participants of the stock market

I. General provisions

1. This Provision determines procedure the National commission on securities and the stock market (further - the Commission) supervision of observance by professional participants of the stock market (further the professional participant) in the activities of requirements of the prudential standard rates established by the regulatory legal act of the Commission establishing the list, procedure of payments and normative values of the prudential indicators applied to measurement and risks assessment of professional activity in the stock market.

2. Action of this provision extends to professional participants concerning whom the regulatory legal act of the Commission establishes prudential standard rates, obligatory for observance.

3. The concept "prudential standard rate" and other terms of this Provision are used in the values determined by the Laws of Ukraine "About securities and the stock market", "About state regulation of the security market in Ukraine" and "About financial services and state regulation of the markets of financial services".

4. The professional participants performing separate types of professional activity in the stock market perfrom calculation of prudential standard rates according to the list and with frequency which are determined by the regulatory legal act of the Commission establishing the list, procedure of payments and normative values of the prudential indicators applied to measurement and risks assessment of professional activity in the stock market.

5. Professional participants submit to the Commission information on results of calculation of prudential standard rates and data on the basis of which their calculation, according to the procedure and in the terms determined by the regulatory legal acts of the Commission regulating submission by professional participants of administrative data and information in the Commission is perfromed.

6. Information on results of calculation of prudential standard rates and data on the basis of which such calculation is perfromed arrives in structural division of the Commission to which powers implementation of prudential supervision of activities of professional participants belongs (further - authorized structural division).

7. The commission exercises supervision of observance by professional participants of requirements of the regulatory legal act establishing the list, procedure of payments and normative values of the prudential indicators applied to measurement and risks assessment of professional activity in the stock market, on compliance of the calculated values of prudential indicators to the established normative values, and also requirements of the regulatory legal acts regulating submission by professional participants of administrative data and information to the Commission regarding representation at the scheduled time and in full information on results of calculation of prudential standard rates and data on the basis of which their calculation was perfromed.

II. Procedure for supervision by the commission of observance of prudential standard rates which calculation is perfromed by the professional participant as of the end of each working day

1. When calculating the prudential standard rate as of the end of each working day in case of origin at the professional participant of essential variation of calculated value of prudential indicator which constitutes 20 and more percent from its normative value (further - essential variation), the professional participant shall within 5 working days from the date of emergence of such variation provide in the Commission information concerning such variation with indication of calculated value of prudential indicator and date of origin variation, and also to prepare and provide the actions plan on improvement of the financial condition constituted according to requirements of the Section IV of this provision in the Commission. In that case the professional participant is allocated for implementation of individual supervision by the Commission.

2. If value of prudential indicator is brought into accord with the established normative value before the expiration, the stipulated in Item 1 this Section, the professional participant submits to the Commission information on the fact of essential variation with indication of calculated value of prudential indicator, data on the basis of which calculation, and dates of origin variation, and also calculated value of prudential indicator, data on the basis of which calculation, and dates when the indicator was brought into accord with normative value, in time, determined by Item 1 of this Section was perfromed was perfromed.

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