Decision on Amendments to the Authorization Procedure for Legal Entities Intending to Operate as Trading Repositories

NATIONAL COMMISSION FOR SECURITIES AND STOCK MARKET DECISION Kyiv On Amendments to the Procedure for Authorization of Legal Entities Intending to Conduct Activities of a Trading Repository on Capital Markets and Organized Commodity Markets

In accordance with paragraph 1 of part 3 of Article 2, paragraph 1 of part 1 of Article 7, part 1 of Article 29 of the Law of Ukraine "On State Regulation of Capital Markets and Organized Commodity Markets", the Law of Ukraine "On Capital Markets and Organized Commodity Markets",

The National Commission for Securities and Stock Market HAS DECIDED:

1. To make the following amendments to the Procedure for Authorization of Legal Entities Intending to Conduct Activities of a Trading Repository on Capital Markets and Organized Commodity Markets, and the Conditions for Conducting Such Activities, approved by the Decision of the National Commission for Securities and Stock Market dated November 24, 2021 No. 1149, registered in the Ministry of Justice of Ukraine on January 18, 2022 under No. 54/37390:

1. supplement paragraphs fourth through sixth, twenty-third through twenty-sixth of paragraph 7 of Section II after the word "annulment" with the words "/termination of validity";

2. in Section III:

in Chapter 1:

supplement paragraph 2 with a new sentence of the following content: "Registration of such an application is confirmed by an electronic message sent by the NCSPFM to the applicant.";

supplement paragraph 8 after the words "has the right" with the words "provide explanations regarding the information submitted in the application for inclusion in the Register, and";

in Chapter 2:

replace paragraphs first through fourth of paragraph 1 with five paragraphs of the following content:

"1. The NCSPFM, within three working days from the date of receipt of the application for inclusion in the Register along with documents and information, notifies the legal entity intending to conduct activities of a trading repository on capital markets and organized commodity markets via an official communication channel about the receipt of the complete list of documents provided for by this Procedure, indicating the contact information (name (as understood by the Civil Code of Ukraine), position, contact numbers) of the official responsible for organizing the consideration of the application for inclusion in the Register and the documents attached to it by the NCSPFM, or about leaving the application for inclusion in the Register and the documents attached to it without movement due to the identification of deficiencies.

The NCSPFM leaves the application for inclusion in the Register without movement in the event of:

receipt of an incomplete list of documents and information provided for by paragraph 11 of Chapter 1 of this Section;

if the application and documents attached to it were submitted in violation of the requirements established by paragraph 2 of Chapter 1 of this Section.

The NCSPFM's notification regarding the leaving of the application for inclusion in the Register without movement shall indicate the identified deficiencies with reference to the violated requirements of this Procedure, the method and deadline for eliminating the deficiencies, as well as the methods, procedure, and deadlines for appealing the decision to leave the application for inclusion in the Register without movement.".

In this regard, paragraphs fifth through seventh shall be considered paragraphs sixth through eighth, respectively;

in paragraph 10, replace the words "annul the certificate" with the words "terminate the validity of the certificate", and replace the word "annulment" with the words "termination of validity" (in four instances);

in paragraph 11, replace the word "certificate" with the words "validity of the certificate", and replace the word "annulled" with the word "terminated";

in paragraph 8 of Chapter 3, replace the word "annulment" with the words "termination of validity".

3. supplement paragraphs 8–11 of Appendix 6, paragraphs 4–6 of Appendix 7 to this Procedure after the word "annulment" (in thirteen instances) with the words "/termination of validity".

2. The Department of Methodology of Regulation of Professional Participants of the Securities Market shall ensure the submission of this decision for state registration to the Ministry of Justice of Ukraine.

3. The Administration of Administrative Activities shall ensure the publication of this decision on the official website of the National Commission for Securities and Stock Market.

4. The Department of Legal Support and Internal Compliance Control, after the state registration of the decision by the Ministry of Justice of Ukraine, shall ensure the publication of this decision on the official website of the National Commission for Securities and Stock Market.

5. This decision shall enter into force from the day following the day of its official publication.

6. Control over the implementation of this decision shall be entrusted to a member of the National Commission for Securities and Stock Market I. Baramiya.

Chairman of the Commission Ruslan MAGOMEDOV

Protocol of the Commission meeting dated 15.04.2025 No. 48