THE ORDER OF FUND OF THE STATE-OWNED PROPERTY OF UKRAINE, STATE COMMISSION ON SECURITIES AND THE STOCK MARKET, THE ANTIMONOPOLY COMMITTEE OF UKRAINE

of November 16, 1998 No. 2141/297/9

About approval Regulations on procedure for sale in the course of privatization on the stock exchanges of blocks of shares of joint-stock companies

According to the Law of Ukraine "About privatization of state-owned property" and in pursuance of the State program of the privatization for 1998 approved by the Law of Ukraine of 12.02.98 N 124/98-BP and for the purpose of increase in efficiency of process of privatization of state-owned property of PRIKAZYVAYEM:

1. Approve Regulations on procedure for sale in the course of privatization on the stock exchanges of blocks of shares of joint-stock companies it (is applied).

2. To provide to fund of state-owned property of Ukraine provision the Regulations on procedure for sale in the course of privatization on the stock exchanges of blocks of shares of joint-stock companies, on state registration in the Ministry of Justice of Ukraine.

3. In ten-day time from day of state registration in the Ministry of Justice of Ukraine of this order to provide to fund of state-owned property of Ukraine publication of the Provision noted in Item 1 of this order, in the State newsletter "About privatization".

4. To impose control of execution of this order on the Chairman of Fund of state-owned property of Ukraine O. Bondar, the Chairman of State commission on securities and the stock market O. Brain, Chairman of the Antimonopoly Committee of Ukraine O. Zavada.

5. Determine voided Regulations on procedure for sale on the stock exchange of blocks of shares which belong to the state, open joint stock companies, approved by the order FGIU of 11.11.96 No. 1364 (with changes and amendments to it).

Approved by the Order of Fund of state-owned property of Ukraine, State commission on securities and the stock market, the Antimonopoly Committee of Ukraine on November 16, 1998 No. 2141/297/9

Regulations on procedure for sale in the course of privatization on the stock exchanges of blocks of shares of joint-stock companies

I. General provisions

1.1. This Provision is developed according to the State program of the privatization for 2012-2014 approved by the Law of Ukraine of January 13, 2012 No. 4335-VI, the Law of Ukraine of January 13, 2012 No. 4336-VI "About introduction of amendments to some laws of Ukraine concerning privatization concerning realization of provisions of the State program of privatization for 2012-2014" and the Law of Ukraine "About Fund of state-owned property of Ukraine".

1.2. This Provision determines the basic principles and requirements to the organization and carrying out sale in the course of privatization on the stock exchanges of shares of joint-stock companies (further - the joint-stock company) and to accomplishment of the exchange contracts concluded by results of this method of privatization.

1.3. Terms which are used in this Provision are used in such value:

auction on the stock exchange (further - auction) - competitive method of privatization, osushchestvlyaeyushchiysya by sale on the stock exchange of shares of the joint-stock company belonging to the state with openness of the offer of the price by the principle of auction which consists in recognition by the winner of such buyer who of all others the first agreed to take shares at suggested price or offered during trading the highest price for shares. The auction can be held by method on advance in price, on writedown, without announcement of the price;

auction without announcement of the price (further - ABOTs) - auction during which the seller does not determine starting price of object of sale the auction is held by advance in price method. The winner of auction the buyer who offered the highest price is recognized;

the auction on reduction in price - auction during which the biddings begin with the starting price offered by the seller and is held by method of reduction of price which can decrease to the level of the actual demand without restriction of the minimum selling price. The winner of auction the buyer who of all the first agreed to take shares at suggested price is recognized;

the auction on advance in price - auction during which the biddings begin with the starting price offered by the seller and is held by advance in price method. The winner of auction the buyer who offered the highest price is recognized;

the exchange biddings (further - the biddings) - the holding the auction organized on the stock exchange on separate object of sale;

the guarantee fee - the cash cover of participation of the buyer in share acquisition at auction acting as guarantee of observance by it of the obligations of the buyer established to these Provisions: concerning participation in auction; concerning the conclusion of the exchange contract if it is acknowledged as the winner; concerning carrying out all provided money payments. The guarantee fee is brought by the buyer prior to the auction and after tendering returns (or it is set off in payment for the shares acquired by it) to the buyer in case of observance of the undertaken obligations and rules of auction by it or does not return in case of violation by the buyer of the undertaken obligations or rules of auction;

the final shareholder (further - the owner) - person addressed to whom will be shares at auction are acquired;

lot - the minimum quantity of shares of the joint-stock company established by the seller which can be acquired by the buyer in the course of the exchange biddings;

litsitator - the specialist who is appointed the organizer of auction and directly holds the exchange auction;

object of sale - the block of shares of the joint-stock company planned in respect of share placing of the joint-stock company for sale through stock exchanges, or separate lot from shares of such packet;

the organizer of auction - stock exchange which will organize also holds auctions;

the plan of share placing of the joint-stock company (further - PRA of the joint-stock company) - the sales plan of shares of the joint-stock company approved by the order of state body of privatization which is privatized, in which rather total quantity of the shares constituting the authorized capital of the joint-stock company results of complete methods of privatization and the planned privatization methods are determined;

the scheduler of sale (further - the scheduler) - regional department of Fund of state-owned property of Ukraine (further - Fund) or structural division of Fund which is responsible for preparation and approval of PRA of the joint-stock company for introduction in it of changes also is responsible for privatization of the joint-stock company;

the buyer - person who directly participates in auction and, in case of recognition by his winner of auction, shall conclude and carry out the exchange contract;

renewal of auction - the procedure which leads to renewal of auction for separate object of sale which was suspended or results of which are cancelled;

auction suspension - the procedure which leads to prohibition during certain term (period of time) to sell at auction, to conclude and carry out exchange contracts of rather certain object of sale;

the termination of auction - the procedure of removal of shares from auction;

the seller - state body of privatization which according to this Provision speaks as the seller of shares at auction;

trading day - day of the week in which on the organizer of auction trading session is held;

trading session - period of time of trading day during which on the stock exchange exchange trading in shares is held.

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