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Ministry of Justice of Ukraine

December 6, 2016

No. 1579/29709

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of November 29, 2016 No. 3409/5

About approval of the Procedure for provision of information by the National commission on securities and the stock market on requests of bodies of the public executive service and private contractors

(as amended on 27-09-2022)

According to part five of article 18 of the Law of Ukraine of June 2, 2016 to No. 1404-VIII "About enforcement proceeding" and for the purpose of providing the state and private contractors with information on owners who have considerable blocks of shares (10 percent and more authorized capital of joint-stock companies) simplifications of the procedure of receipt by the state and private contractors of information on the securities registered for debtors I order:

1. Approve the Procedure for provision of information by the National commission on securities and the stock market on requests of bodies of the public executive service and private contractors which is applied.

2. Determine administrators of exchange of information who provide and perform technical support of the procedure of giving of requests and receipt of answers, the National commission on securities and the stock market and the state company "National Information Systems".

3. To the state company "National Information Systems" (Lurye S. S.) together with Department of the public executive service of the Ministry of Justice of Ukraine (Polishchuk D. V.) and the National commission on securities and the stock market (Hromayev T. S.) in two-month time from the date of entry into force of this order to provide preparation and approval of protocols of exchange of information and proper execution of this order.

4. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik A. N.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. This order becomes effective along with enforcement of article 8 of the Law of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding", but not earlier than day of its official publication.

6. To impose control of execution of this order on the deputy minister of justice concerning executive service Shklyar V. S.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of November 29, 2016, No. 3409/5

Procedure for provision of information by the National commission on securities and the stock market on requests of bodies of the public executive service and private contractors

1. This Procedure No. 1404-VIII "About enforcement proceeding" is developed according to part five of article 18 of the Law of Ukraine of June 2, 2016.

2. This Procedure determines general rules of provision by the National commission on securities and the stock market to bodies of the public executive service and private contractors of information on owners of packets of voting shares (5 percent and more) joint-stock companies.

3. The format, structure of files of requests and files of answers, form of register of requests and answers, regulations of exchange of information, terms of implementation of the software for interchange by information are determined by protocols of exchange of information.

4. Technical support of information interchange of the National commission on securities and the stock market with bodies of the public executive service and private contractors is performed by the National commission on securities and the stock market and the state company "National Information Systems".

5. Requests of bodies of the public executive service and private contractors and answers to them are provided through the automated system of enforcement proceeding which administrator is the state company "National Information Systems".

6. Data are transmitted electronically through electronic communication networks with use of the qualified digital signature or seal using only means of the qualified digital signature or seal which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying, or seal using only means of the qualified digital digital signature or seal which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying according to the legislation.

7. Maintaining registers of requests and replies to the requests performs the state company "National Information Systems".

8. In case of exchange of information in connection therewith Rather administrators of exchange of information implement the organizational and technical actions providing information security with limited access which is transferred according to requirements of the Law of Ukraine "About information security in information and communication systems".

9. Information which is transferred, processed taking into account requirements of the legislation on personal data protection and is used by contractors only for the purpose of forced execution of judgments and decisions of other bodies (officials) according to the procedure No. 1404-VIII established by the Law of Ukraine of June 2, 2016 "About enforcement proceeding", and cannot be transferred to the third party if other is not provided by the law.

Director of the department of questions of justice and

homeland security of the Ministry of Justice of Ukraine

 

A. N. Oleynik

Head of department of information technologies and clerical work

 National commission on securities and stock market

 

E. S. Fomenko

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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