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Ministry of Justice of Ukraine

October 28, 2015

No. 1311/27756

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

of October 1, 2015 No. 1597

About approval of the Provision of rather prudential standard rates of professional activity in the stock market and requirements to risk management system

(as amended on 19-08-2021)

According to part three of article 27 of the Law of Ukraine "About securities and the stock market", to part two Items 37-5, 38 of Article 7, to Items 2, of the 13th article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine" the National commission on securities and the stock market solved:

1. Approve the Provision of rather prudential standard rates of professional activity in the stock market and requirements to risk management system which is applied.

2. Recognize invalid:

the decision of the National commission on securities and the stock market of December 25, 2012 No. 1900 "About approval of the Provision of rather prudential standard rates of professional activity in the stock market - activities for the securities trading", registered in the Ministry of Justice of Ukraine on January 21, 2013 for No. 139/22671 (with changes);

the decision of the National commission on securities and the stock market of January 9, 2013 No. 1 "About approval of the Provision of rather prudential standard rates of professional activity in the stock market - activities for asset management of institutional investors (activities for asset management)", registered in the Ministry of Justice of Ukraine on January 22, 2013 in case of No. 171/22703 (with changes);

the decision of the National commission on securities and the stock market of January 15, 2013 No. 37 "About approval of the Provision of rather prudential standard rates of professional activity in the stock market - depository activity and clearing activities and requirements to risk management system", registered in the Ministry of Justice of Ukraine on February 5, 2013 for No. 216/22748 (with changes).

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

4. To provide to management of international cooperation and communications (I. Chirikalov) publication of this decision in the official printing publication of the National commission on securities and the stock market.

5. 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.

6. This decision becomes effective since January 01, 2016, but not earlier than day 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 D. Tarabakin.

Commission chairman

T. Hromayev

Approved by the Decision of the National commission on securities and the stock market of October 1, 2015 No. 1597

Provision of rather prudential standard rates of professional activity in the capital markets and the organized goods markets

I. General provisions

1. This Provision determines the list, procedure of payments and normative values of the prudential indicators applied to measurement and risks assessment of professional activity in the capital markets and the organized goods markets establishes frequency of implementation of calculations of prudential indicators and representation of results of such calculations, and also data on the basis of which calculations are perfromed, in the National commission on securities and the stock market (further - the Commission).

2. Action of this provision extends to Central Securities Depository (further - the Central depositary) and to professional participants of the capital markets and the organized goods markets having licenses for implementation of the following types of activity:

activities for trade in financial instruments;

activities for asset management of institutional investors (activities for asset management);

depository activity of depository institution;

clearing activities;

activities for the organization of trade in financial instruments;

activities for the organization of trade in products at commodity exchanges;

activities for property management for financing of construction objects and/or implementation of real estate transactions;

activities for administration of non-state pension funds.

3. Action of this provision does not extend to banks which perform professional activity in the capital markets.

4. Terms which are used in this Provision are used in the following values;

risk - probability of approach of event or making of action which consequence the negative impact on the size of the capital or receipts of organization can be;

organization - the Central depositary, the professional participant of the capital markets and the organized goods markets to whom action of this provision extends.

Other terms in this Provision are used in the values determined by the Laws of Ukraine "About the capital markets and the organized goods markets", "About state regulation of the capital markets and the organized goods markets", "About commodity exchanges", "About depositary system of Ukraine", "About institutes of joint investment", "About financial and credit mechanisms and property management in case of construction of housing and real estate transactions", "About non-state pension provision" and "About financial services and state regulation of the markets of financial services".

5. In case of combination of several types of professional activity by organization in the capital markets and the organized goods markets the requirement to the minimum size of its regulatory capital is big of the requirements to the minimum size of the regulatory capital established for the corresponding types of activity performed by organization.

 

II. The prudential standard rates used for measurement and risks assessment of activities for trade in financial instruments, their calculation and normative values

1. The indicators used for measurement and risks assessment of activities for trade in financial instruments

1. Indicators for measurement and risks assessment of activities for trade in financial instruments are established depending on type of activity within professional activity on trade in financial instruments which according to the license has the right to perform investment firm, namely:

1) subbroker activities;

2) broker activities;

3) dealer activities;

4) activities for portfolio management of financial instruments;

5) investment consulting;

6) underwriting and/or activities for placement with provision of a guarantee;

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