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Ministry of Justice of Ukraine

March 28, 2017

No. 408/30276

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

of March 7, 2017 No. 148

About procedure for the direction of notifications and information through depositary system of Ukraine

(as amended on 15-07-2021)

According to Item 13 of article 8 of the Law of Ukraine "About state regulation of the security market in Ukraine", the Law of Ukraine "About depositary system of Ukraine", the Law of Ukraine "About joint-stock companies", for the purpose of regulation of questions of the direction of notifications to shareholders through depositary system of Ukraine the National commission on securities and the stock market RESHILA:

1. Approve the Procedure for the direction of notifications and information through depositary system of Ukraine (further - the Procedure) which is applied.

2. Add the subitem 1 of item 4 of the Section II of Requirements to the service agreement of the account in the securities approved by the decision of the National commission on securities and the stock market of August 6, 2013 No. 1412, registered in the Ministry of Justice of Ukraine on September 2, 2013 on No. 1502/24034 (with changes), the new paragraph the sixteenth the following content:

"Send in the procedure established by the legislation to the depositor which is shareholder of joint-stock company for the date determined according to the law, the notification in case of the direction the relevant joint-stock company of the notification to shareholders through depositary system of Ukraine according to the Law of Ukraine "About joint-stock companies";".

3. Bring in the Requirements to the depositary contract between depository institution and Central Securities Depository approved by the decision of the National commission on securities and the stock market of August 6, 2013 No. 1410, registered in the Ministry of Justice of Ukraine on August 30, 2013 at No. 1498/24030 (with changes), the following changes:

1) to add item 4 of the Section I after paragraph two with the new paragraph third the following content:

"With the consent of depository institution the Agreement can be signed by accession of depository institution to the agreement offered by the Central depositary in general according to the Civil code of Ukraine and the Economic code of Ukraine. If the conclusion of the agreement happens by accession of depository institution to the agreement offered by the Central depositary, the text of such agreement and change to it shall be published on the website of the Central depositary. In case of the conclusion of the agreement by accession the Central depositary shall provide informing depository institution on all conditions of such agreement, on procedure for cancellation of the Agreement, and also on all changes to it. In case of the conclusion of the Agreement the Central depositary cannot limit the right of depository institution to the conclusion of the Contract with the Central depositary in the form of the single document determined by this Item.".

With respect thereto paragraphs the third, fourth to consider respectively paragraphs the fourth, fifth;

The paragraph of the eighth of Item 3 of the Section II to state 2) in the following edition:

"Terms and procedure for exchange between the Central depositary and depository institution of orders, notifications, are provided for the purpose of ensuring accomplishment of corporate actions of the issuer, conditions on providing with the Central depositary and depository institutions of the direction of notifications to shareholders according to the Law of Ukraine "About joint-stock companies" through depositary system of Ukraine in the procedure established by the legislation.";

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