On Approval of the Procedure for Coordinating Persons Appointed in Professional Participants of Capital and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Compliance, Risk Management, Internal Audit, and Financial Monitoring

NATIONAL COMMISSION FOR SECURITIES AND STOCK MARKET DECISION Kyiv On Approval of the Procedure for Coordinating Persons Appointed in Professional Participants of Capital and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Compliance, Risk Management, Internal Audit, and Financial Monitoring

In accordance with paragraphs 1, 2, and 48 of Part One of Article 7 of the Law of Ukraine "On State Regulation of Capital and Organized Commodity Markets," and Part Nine of Article 70 of the Law of Ukraine "On Capital Markets and Organized Commodity Markets"

The National Commission for Securities and Stock Market HAS DECIDED:

Approve the Procedure for Coordinating Persons Appointed in Professional Participants of Capital and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Compliance, Risk Management, Internal Audit, and Financial Monitoring (hereinafter – the Procedure), which is attached.
Declare invalid the decision of the National Commission for Securities and Stock Market dated November 14, 2024, No. 09/21/1418/K03 "On Approval of the Procedure for Coordinating a Person Appointed to the Position of Head of a Professional Participant of Capital and Organized Commodity Markets, Officials of the Internal Control System, and Persons Responsible for Financial Monitoring," registered in the Ministry of Justice of Ukraine on November 28, 2024, under No. 1806/43151.
Decisions/resolutions on the compliance of heads of professional participants of capital and organized commodity markets with the positions held in such professional participants of capital and organized commodity markets, adopted by the National Commission for Securities and Stock Market in accordance with the decision of the National Commission for Securities and Stock Market dated November 11, 2022, No. 1339 "On Monitoring the Compliance of Persons with Positions Held in Professional Participants of Capital and Organized Commodity Markets during the Period of Martial Law," for the purposes of this Procedure, are equated to resolutions of the National Commission for Securities and Stock Market on coordinating such persons with the positions held in such professional participants of capital and organized commodity markets.
Establish that applications and documents submitted to the NSSMC and whose consideration was not completed before this decision enters into force, shall be considered in the order that existed before this decision entered into force.
The Management for Ensuring the Activities of Collegial and Advisory Bodies shall ensure the publication of this decision on the official website of the National Commission for Securities and Stock Market.
The Department of Methodology of Activities of Professional Participants shall ensure the submission of this decision for state registration to the Ministry of Justice of Ukraine.
The Legal Department shall, after state registration of the decision by the Ministry of Justice of Ukraine, ensure the publication of this decision on the official website of the National Commission for Securities and Stock Market.
This decision enters into force on October 1, 2026, but not earlier than the day following the day of its official publication, except for paragraph 17 of Section I, and the third paragraph of sub-paragraph 2 of paragraph 23 of Section II of the Procedure.

Paragraph 17 of Section I, and the third paragraph of sub-paragraph 2 of paragraph 23 of Section II of the Procedure enter into force from the day following the day of entry into force of changes to the Sizes of Fees for Registration Actions Regarding Participants of Capital Markets and Other Persons, approved by the decision of the NSSMC dated June 13, 2022, No. 620, registered in the Ministry of Justice of Ukraine on August 10, 2022, under No. 909/38245, regarding the establishment of the fee size for coordinating a person appointed to the position of head of a professional participant of capital and organized commodity markets, officials of the internal control system, and persons responsible for financial monitoring, a person whose candidacy is proposed for the position of head of the Central Securities Depository, a professional participant engaged in organizing trading in capital and organized commodity markets and/or clearing activities, a systemically important professional participant of capital and organized commodity markets, but not earlier than October 1, 2026.

Entrust control over the execution of this decision to a member of the National Commission for Securities and Stock Market M. Libanov.

Chairman of the Commission Oleksiy SEMENYUK

Protocol of the Commission meeting dated 13.08.2026 No. 37

APPROVED
Decision of the National Commission for Securities and Stock Market ___________ No._______________

Procedure for Coordinating Persons Appointed in Professional Participants of Capital and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Compliance, Risk Management, Internal Audit, and Financial Monitoring

I. General Provisions

This Procedure establishes the procedure and conditions for coordination by the NSSMC, as a collegial body, of the following persons in professional participants of capital and organized commodity markets (except banks) (hereinafter – professional participant):

a person elected/appointed to the position of head of a professional participant;
a person whose candidacy is proposed for the position of head of the Central Securities Depository (hereinafter – Central Depository);
a person whose candidacy is proposed for the position of head of a professional participant engaged in organizing trading in capital and organized commodity markets and/or clearing activities;
a person whose candidacy is proposed for the position of head of a systemically important professional participant;
officials of the internal control system (persons performing compliance, risk management, and internal audit functions) (hereinafter – compliance manager, risk manager, internal auditor);
a person responsible for financial monitoring (employee responsible for conducting financial monitoring) (hereinafter – person responsible for financial monitoring).

This Procedure also applies to:

a person performing the duties of head in the event that a head is not elected/appointed in the manner established by legislation;
a person temporarily performing the duties of head in the case provided for in paragraph 11 of this Section;
an official assigned the duties of performing the functions of compliance manager, risk manager, or internal auditor;
a person performing management functions who is not a member of the supervisory board or another body responsible for supervision, and is not a person performing executive functions, but has permanent access to insider information directly or indirectly concerning the professional participant, and has authority to make management decisions (has first signature right) affecting the further development and commercial prospects of such professional participant (hereinafter – person with first signature right), in the case provided for in paragraph 12 of this Section.

This Procedure does not apply to persons elected to the position of member of the supervisory board of the Central Depository, a professional participant engaged in clearing activities, who are representatives of the shareholder which is the State and the National Bank of Ukraine.
In this Procedure, the terms are used in the following meanings:
head – a person exercising the powers of the sole executive body / head of the collegial executive body / member of the board of directors – chief executive director of a professional participant; applicant – a professional participant of capital and organized commodity markets that submits an application and documents defined by this Procedure to obtain coordination by the NSSMC of the person(s) specified in paragraphs 1, 2 of this Section; head – a person exercising the powers of the sole executive body, head and members of the collegial executive body, head and members of the supervisory board, head and members of the board of directors, chief accountant of a professional participant; NSSMC Complex Information System (hereinafter – CIS) – an information and communication system of the NSSMC, through which electronic documents are submitted and official electronic interaction with applicants is carried out; qualification commission – a commission for assessing the professional competence of the person(s) specified in paragraphs 1, 2 of this Section; officials of the internal control system of a professional participant – heads of independent subdivisions performing functions of risk management, internal audit, and compliance and/or separate persons performing functions of risk manager (risk officer), compliance manager (compliance officer), and internal auditor in a professional participant; Standards – Standard No. 1 "Corporate Governance in Professional Participants of Capital and Organized Commodity Markets. Basic Concepts and Terms," approved by the decision of the NSSMC dated December 30, 2021, No. 1288, registered in the Ministry of Justice of Ukraine on February 28, 2022, under No. 261/37597; Standard No. 2 "Corporate Governance in Professional Participants of Capital and Organized Commodity Markets. Organization and Functioning of the Internal Control System in Professional Participants that are Enterprises of Public Interest and are not Banks," approved by the decision of the NSSMC dated December 30, 2021, No. 1289, registered in the Ministry of Justice of Ukraine on February 28, 2022, under No. 258/37594; Standard No. 3 "Corporate Governance in Professional Participants of Capital and Organized Commodity Markets. Organization and Functioning of the Internal Control System in Professional Participants that are Systemically Important Professional Participants and are not Banks," approved by the decision of the NSSMC dated December 30, 2021, No. 1290, registered in the Ministry of Justice of Ukraine on February 28, 2022, under No. 267/37603; and Standard No. 4 "Corporate Governance in Professional Participants of Capital and Organized Commodity Markets. Organization and Functioning of the Internal Control System in Professional Participants that do not belong to Enterprises of Public Interest and Systemically Important Professional Participants," approved by the decision of the NSSMC dated December 30, 2021, No. 1291, registered in the
Ministry of Justice of Ukraine on February 28, 2022, under No. 263/37599; authorized body – a body of a professional participant to which, in accordance with constituent documents, powers are granted to elect/appoint the corresponding head, officials of the internal control system of a professional participant, assign persons to perform the duties of head, functions of compliance manager, risk manager, internal auditor, and person responsible for financial monitoring, terminate their powers/performing of duties and/or functions. The term "impeccable business reputation" is used in the meaning provided in the Law of Ukraine "On Prevention and Counteraction to Legalization (Money Laundering) of Income Obtained by Criminal Means, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction." The term "systemically important professional participant" is used in the meaning provided in the Law of Ukraine "On Capital Markets and Organized Commodity Markets." The term "professional judgment" is used in the meaning provided in the Law of Ukraine "On Financial Services and Financial Companies." Other terms in this Procedure are used in the meanings provided in the Law of Ukraine "On Capital Markets and Organized Commodity Markets" and other legislative acts.
In performing actions provided for by this Procedure, the NSSMC is guided by the following principles:

equivalence of essence and form (assessment of transactions, operations, circumstances, and events from the point of view of their essence and form);
proportionality (consideration of circumstances and conditions of the specific situation regarding which professional judgment is formed and the corresponding decision is made);
justified doubt (conducting additional/in-depth verification/analysis of transactions, operations, circumstances, and/or events regarding which professional judgment is formed and the corresponding decision is made, in the presence of justified doubt regarding them);
comprehensive analysis (study of all circumstances and conditions of the specific situation when forming professional judgment and making the corresponding decision).

The NSSMC applies its professional judgment to make resolutions defined by this Procedure.
Professional judgment is formed by the NSSMC taking into account the principles defined in paragraph 5 of this Section.
The NSSMC coordinates the person specified in paragraphs 1, 2 of this Section as a result of a comprehensive assessment conducted by the NSSMC, which includes:
analysis of information received by the NSSMC from the professional participant, information received during state regulation and supervision, information from open sources; assessment of business reputation, professional competence, education, skills, and experience, absence of conflict of interest.
In the event of the NSSMC considering documents for issuing a license to a professional participant, regarding a person elected/appointed to the position specified in sub-paragraphs 1, 5, and 6 of paragraph 1 of this Section, an assessment of professional competence is conducted in accordance with Section IV of this Procedure.
In the event of the NSSMC adopting a resolution on issuing a license, the person elected/appointed to the position specified in sub-paragraphs 1, 5, and 6 of paragraph 1 of this Section is considered to comply with legislative requirements and coordinated by the NSSMC.
The norms of licensing conditions for conducting professional activities in capital markets regarding their separate types concerning the obligation of the licensee to notify the NSSMC within 5 working days (for a licensee engaged in organizing trading in financial instruments – within 15 working days) from the date of election/appointment of a person to a position, dismissal from a position, namely providing information confirming the mentioned changes, do not apply.
A professional participant, no later than 5 working days from the date of receipt of the NSSMC resolution on coordinating a certain person appointed to the corresponding position, is obliged to provide to the NSSMC in electronic form via the official communication channel, taking into account the requirements of legislation on electronic documents and electronic document flow, the information defined by licensing conditions for conducting professional activities in capital markets regarding their separate types:
a certificate on executive officials, specialists of the licensee and its separate subdivision who directly conduct professional activities in capital markets and are certified in the manner established by the NSSMC; a certificate on the personal composition of the supervisory board, or another body responsible for supervision (if created), executive body of the licensee, with corresponding changes; a certificate on the personal composition of the internal audit, compliance, risk management service (person) of the licensee conducting audit, performing compliance, risk management) (if necessary). An individual's questionnaire and/or a questionnaire on business reputation of a person regarding a certain person appointed to the corresponding position, regarding which the professional participant has received an NSSMC resolution on coordinating this person for such a position, defined by licensing conditions for conducting professional activities in capital markets regarding their separate types, are not submitted. Subsequently, in the event of changes arising in the process of conducting professional activities in capital markets, the licensee is obliged to notify the NSSMC of such changes within the timeframes, in content and form, established by licensing conditions for conducting professional activities in capital markets regarding their separate types.
In the event of termination of labor legal relations (including in connection with dismissal) with the head, the authorized body/authorized person of a professional participant is obliged to elect/appoint a new head or appoint an acting head no later than 3 working days from the date of termination of labor legal relations with the head.
In the event of temporary absence of the head (vacation, business trip, temporary disability, military service in connection with conscription for military service during mobilization, special period, etc.) or temporary suspension of the head from performing powers, the person temporarily performing his duties must begin performing the duties of head from the first day of his absence/suspension.
If such a person has the right to temporarily perform the duties of head in the event of his temporary absence/suspension on the basis of a decision of the general meeting of the professional participant, the professional participant must submit documents regarding this person to the NSSMC in accordance with paragraph 13 of this Section. On other grounds provided for by the charter or internal documents of the professional participant, the professional participant must submit documents regarding this person to the NSSMC in accordance with Section II of this Procedure if she temporarily performs the duties of head for a total of more than 90 days within 12 months (except in the case of having an NSSMC resolution on coordinating such a person to the position of head/performing the duties of head in this professional participant) no later than the ninety-second day of performing these duties by such a person.
A professional participant must submit documents to the NSSMC in accordance with Section II of this Procedure regarding a person with first signature right for a total of more than 90 days within 12 months, no later than the ninety-second day of performing management functions by such a person.
In the event of election/appointment of a person to a position/determination of a person as a candidate for a position/assignment of duties/functions to a person specified in paragraphs 1, 2 of this Section, the professional participant submits documents regarding such a person in accordance with Section II of this Procedure within 10 working days from the date of adopting the corresponding decision (except in cases: presence of an NSSMC resolution on coordinating a person specified in sub-paragraphs 1, 5, 6 of paragraph 1 and paragraph 2 of this Section, appointed in this professional participant to the corresponding position taking into account requirements for experience and business reputation; presence of an NSSMC resolution on coordinating a person as a person whose candidacy is proposed for a position, and in the event that six months have not passed from the date of such coordination; election of a person as chairman of the supervisory board in the presence of an NSSMC resolution on coordinating this person, elected to the position of member of the supervisory board in this professional participant; re-election/re-appointment (re-election/re-appointment) of this person to the position of head/member of the collegial executive body/member of the board of directors, which this person held, without interruption of labor relations between such a person and the professional participant, in the presence of an NSSMC resolution on coordinating this person in this professional participant).
In the event of election/appointment of a person to the position of head of the Central Depository, a professional participant engaged in organizing trading in capital and organized commodity markets and/or clearing activities, a systemically important professional participant without coordinating their candidacy in accordance with the requirements of this Procedure before election/appointment to such a position, this person enters the position of head of the corresponding professional participant after coordination by the NSSMC.
In the event that the elected/appointed head of the Central Depository, a professional participant engaged in organizing trading in capital and organized commodity markets and/or clearing activities, a systemically important professional participant has not received coordination by the NSSMC of such a person as a person whose candidacy is proposed for such a position in such a professional participant, or has received it, but more than six months have passed from the date of such coordination, or has not received coordination by the NSSMC of such a person to such a position in such a professional participant, then such a professional participant must no later than the next working day from the date of such election/appointment appoint a person who will perform the duties of head, and submit documents to the NSSMC in accordance with Section II of this Procedure for coordinating the person elected/appointed to the position of head, and coordinating the person who will perform the duties of head.
A person specified in paragraphs 1, 2 of this Section must comply with requirements for professional competence and business reputation established by this Procedure and Standards.
A person appointed to the position of chief accountant of a professional participant must comply with requirements established by corresponding licensing conditions for conducting a certain type of professional activity in capital and organized commodity markets, established by the NSSMC.
In the event of the absence of a license for conducting clearing activities at the Central Depository, a person appointed to the position of chief accountant of the Central Depository must comply with the following requirements:

have higher education not lower than the first level (bachelor's);
have work experience in capital and organized commodity markets in the position of accountant or chief accountant for no less than two years or in any other enterprise, organization, institution in the position of accountant or chief accountant for no less than five years.
A person responsible for financial monitoring must comply with requirements established by the Regulation on Conducting Financial Monitoring by Subjects of Primary Financial Monitoring, State Regulation and Supervision of Activities of Which is Carried Out by the National Commission for Securities and Stock Market, approved by the decision of the NSSMC dated March 11, 2021, No. 176, registered in the Ministry of Justice of Ukraine on April 19, 2021, under No. 532/36154, to an employee responsible for conducting financial monitoring. Requirements established by Standards for a head must be complied with by:
a person appointed acting head;
a person temporarily performing the duties of head (in the case provided for in the second paragraph of paragraph 11 of this Section);
a person with first signature right (in the case provided for in paragraph 12 of this Section).
A person specified in paragraphs 1, 2 of this Section must not have citizenship of the Russian Federation or the Republic of Belarus, except for persons who reside in Ukraine on legal grounds.
A person elected/appointed to a position, an official performing or assigned the duties of performing the functions of compliance manager, risk manager, internal auditor, or person responsible for financial monitoring, must comply with requirements for professional competence and business reputation established by this Procedure and Standards throughout the entire period of holding such a position/performing functions/duties.

A person subject to coordination in accordance with the requirements of this Procedure (except for persons specified in sub-paragraph 6 of paragraph 1 and sub-paragraph 2 of paragraph 2 of this Procedure) may begin performing corresponding official powers and duties/functions in a professional participant after coordination by the NSSMC.
In the event that during the period of coordination of the person specified in this paragraph to the corresponding position, duties are assigned to her or another person of the professional participant...

performance of duties for this position, the approval of the person performing such duties is not carried out. The assignment of duties provided for in this paragraph is carried out after submission of documents for obtaining approval of the person.
17. The administrative service of the NCSPFU for approval of the person specified in paragraphs 1, 2 of this section is a paid service, the amount of payment for which is established by the Sizes of fees for registration actions regarding participants of capital markets and other persons, approved by the decision of the NCSPFU dated June 13, 2022 No. 620, registered in the Ministry of Justice of Ukraine on August 10, 2022 under No. 909/38245, and is provided taking into account the requirements defined by the Procedure for providing administrative services by the National Commission for Securities and Stock Market, approved by the decision of the NCSPFU dated November 17, 2021 No. 1124, registered in the Ministry of Justice of Ukraine on February 3, 2022 under No. 147/37483.
II. Procedure for submitting documents to obtain approval from the NCSPFU
18. A natural person who intends to hold a position / whose candidacy is proposed for a position / elected or appointed to a position specified in paragraph 1 of Section I of this Procedure, and/or is a person specified in paragraph 2 of Section I of this Procedure (hereinafter – the natural person), using the integrated subsystem for providing administrative services in electronic form CIS:

carries out primary registration in the electronic user cabinet in the "Natural Person" section of the CIS or undergoes the identification procedure using electronic signature tools, if primary registration was carried out earlier;
fills in the section providing for the creation of a natural person's questionnaire (hereinafter – questionnaire) with information (data) defined (not) in Appendix 1, for the formation of the questionnaire;
uploads to the questionnaire electronic copies (scans) of such documents:
extract from the information-analytical system "Accounting of information on bringing a person to criminal liability and presence of a criminal record" – for citizens of Ukraine, certificate of absence of criminal record issued by the competent authority of the country of permanent residence and citizenship – for foreign citizens, and fills in the date of their issuance; permit for the use of labor of foreigners and stateless persons – for foreign citizens (in case if the need to obtain such permit is provided by legislation); document confirming passage during the last three years of training in the field of prevention and counteraction to legalization (laundering) of proceeds obtained criminally, financing of terrorism and financing of proliferation of weapons of mass destruction on the basis of the corresponding educational institution belonging to the sphere of management of the State Financial Monitoring Service, and in other educational institutions with

approval of the State Financial Monitoring Service (in case of approval of the person responsible for carrying out financial monitoring); document confirming the legality of stay / temporary residence on the territory of Ukraine – for foreign citizens.
In case if the natural person is a foreign citizen, the actions provided for in this paragraph, paragraphs 19, 20 of this section, subparagraph 2 of paragraph 29 of Section II of this Procedure may be carried out by an authorized person by him/her. In such case, a document confirming such powers is additionally uploaded to the questionnaire.
19. The natural person certifies the completeness, relevance and accuracy of the information (data) entered into the questionnaire and uploaded electronic copies (scans) of documents provided for in paragraph 18 of this section by applying a qualified electronic signature or an enhanced electronic signature based on a qualified certificate of electronic signature, which meets the requirements established by the Law of Ukraine "On Electronic Identification and Electronic Trust Services", after which a unique digital code is assigned to the questionnaire. The questionnaire is stored in the CIS database.
20. Entering changes to the questionnaire by the natural person or uploading other electronic copies (scans) of documents is carried out by creating a new questionnaire based on the questionnaire to which a unique digital code was assigned.
After applying a qualified electronic signature or an enhanced electronic signature based on a qualified certificate of electronic signature by the natural person to the new questionnaire and assigning it a unique digital code, the previous questionnaire and its unique digital code become invalid.
21. The natural person, for consideration of his/her candidacy for a position and/or for the professional participant to approve the person for the position specified in paragraph 1 of Section I of this Procedure, or for the professional participant to approve the person specified in paragraph 2 of Section I of this Procedure, provides the professional participant with the unique digital code of this questionnaire.
22. The professional participant, based on the results of the assessment of the person's compliance, and in case of the natural person providing the unique digital code of the questionnaire – information (data) specified in the questionnaire, and electronic copies (scans) of documents, with the requirements established by paragraph 15 of Section I of this Procedure, makes a decision regarding the natural person about his/her election / appointment to the position specified in paragraph 1 of Section I of this Procedure, or assignment of duties / functions specified in paragraph 2 of Section I of this Procedure, granting him/her the right of first signature.
23. To obtain approval from the NCSPFU of the person specified in paragraphs 1, 2 of Section I of this Procedure, the professional participant in the electronic user cabinet in the "Legal Entity" section of the CIS creates an appeal for providing

administrative service of the NCSPFU for approval of the person specified in paragraphs 1, 2 of Section I of this Procedure and:

enters information (data) defined (not) in Appendix 2, for the formation of the application for approval of the person for a position in the professional participant of capital markets and organized commodity markets (hereinafter – application), the unique digital code of the questionnaire;
uploads to the application electronic copies (scans):
document confirming the powers of the person who signed / certified the application / documents (in case if the application is signed / documents are certified not by the head of the professional participant or another person authorized by the constituent document of the professional participant); payment document confirming the payment for the provision of the administrative service of the NCSPFU for approval of the person specified in paragraphs 1, 2 of Section I of this Procedure; decision (other document) of the authorized body / authorized person of the professional participant, according to which the person specified in paragraphs 1, 2 of Section I of this Procedure was appointed / elected to the position, elected / designated as a candidate for the position, or according to which temporary performance of duties of the head / performance of duties of the head or granting the right of first signature or assignment of performance of duties / functions of compliance manager, risk manager, internal auditor or person responsible for carrying out financial monitoring is assigned to the person. In case of election of the person according to the decision of the general meeting of participants (shareholders) (sole participant (shareholder)) of the company, a copy of the protocol of the general meeting of participants (shareholders) of the company (decision of the sole participant (shareholder) of the company) is submitted, which contains the decision on the election / appointment of the person to the position / appointment of the person to perform the duties of the head of the professional participant or on temporary performance of duties of the head, to which are attached documents confirming the powers of representatives of participants (shareholders) / representative of the participant (shareholder) of the company, who (which) voted (voted) on their (his) behalf with the number of votes equal to or exceeding 10 percent of the charter capital of the company; description (list) of uploaded documents.

The time period between the date of issuance of documents provided for in the second, third, fifth subparagraphs of paragraph 3 of paragraph 18 of this section, and the formatting (signing) of documents provided for in the second, fourth–sixth subparagraphs of paragraph 2 of paragraph 23 of this section, electronic copies (scans) of which are uploaded to the questionnaire and application, and the date of submission of the application by the professional participant to the NCSPFU, cannot be more than two months, unless another term of its validity is specified in the document.
The applicant has the right to provide additional information and documents confirming the compliance of the person elected / appointed to the position, the person whose candidacy is proposed for the position, with the requirements of legislation, including those confirming compliance with the requirements regarding business reputation.
The applicant, who believes that for valid reasons the signs of non-compliance with business reputation (except for the sign of non-compliance with impeccable business reputation) should not be applied to the person, has the right to submit to the NCSPFU a corresponding reasoned petition in electronic form in compliance with the requirements of the Law of Ukraine "On Electronic Documents and Electronic Document Flow", which is subject to consideration within the terms and in the order defined in the Law of Ukraine "On Appeals of Citizens" with the provision, including, of the right of the person to personally present his/her arguments and be present during the consideration of the petition. As a result of the consideration of the petition, the NCSPFU either satisfies the petition by not applying certain signs of non-compliance with business reputation to the person with the requirements established by this Procedure and Standards, or refuses to satisfy the petition with the indication of reasons.
The applicant / natural person in case of impossibility of submitting information or documents defined by this Procedure for reasons independent of them, enter into the questionnaire / application a reasoned explanation of the impossibility of such submission. The NCSPFU has the right to consider the documents submitted by the applicant without such information and documents if it recognizes the explanation of the applicant / natural person as justified.
Information in the application and documents created in electronic form or created as an electronic copy of a paper document (scan) provided by legal and natural persons in accordance with this Procedure:
must be drafted in the state language of Ukraine (or in English in case of submission of the application and documents by foreign legal entities and natural persons – foreigners); must be separate files in the text data format Portable Document Format / A (PDF 1.4 ISO 19005-1:2005 specification format) – PDF / A (.pdf), Rich Text Format – RTF (.rtf), Excel (.xlsx), Word (.docx); must not contain discrepancies with the requirements of legislation; must not contain discrepancies between different provisions of the submitted documents, must contain complete and accurate information, relevant on the day of submission of documents and during the period of their consideration. Applications or electronic copies of paper documents (scans) created by the applicant must be signed / certified by a qualified electronic signature or an enhanced electronic signature of an authorized person (authorized representative) of the legal entity and/or a qualified electronic seal, based on a qualified open key certificate in accordance with the requirements of legislation on electronic document flow and electronic trust services. The authorized person of the applicant who signed the electronic document with an electronic signature, in this way certifies the accuracy of the data provided

in such documents, the compliance of electronic copies of documents with the originals of such documents in paper form.
The submission of documents by the applicant to the NCSPFU and the sending of notifications and documents by the NCSPFU to the applicant provided for in this Procedure is carried out by sending electronic documents and/or messages through his/her electronic user cabinet in the CIS taking into account the requirements of legislation on electronic documents and electronic document flow. Notifications and documents that, according to the requirements of this Procedure, are sent by the NCSPFU to the applicant through an official communication channel, are signed using a qualified electronic signature of an NCSPFU official who is endowed with corresponding powers.
28. After the applicant submits the application and documents for consideration to the NCSPFU, making changes to the questionnaire, the unique digital code of which was used when submitting such application, or uploading other electronic copies (scans) of documents to the questionnaire is not allowed, except for cases provided for in paragraph 32 and/or paragraph 34 of Section III of this Procedure regarding the submission by the applicant to the NCSPFU of a written appeal regarding the refinement of submitted documents.
29. If during the period of consideration of the application and documents submitted by the applicant in accordance with this section by the NCSPFU, any changes occurred in the information specified in his/her questionnaire regarding the person for whom documents were submitted for approval:

the applicant no later than the second working day from the day when it became known about such changes must send to the NCSPFU in electronic form through the electronic user cabinet in the CIS a message about the fact of occurrence of such changes. In case of receipt of such message, the period of consideration of documents submitted by the applicant is suspended until the submission by him/her of an application regarding clarification of data of the person for a position in the professional participant of capital markets and organized commodity markets in accordance with subparagraph 3 of this paragraph;
the person within 10 working days from the day of occurrence of such changes makes corresponding changes to the questionnaire by creating a new questionnaire based on it and/or uploads other electronic copies (scans) of documents to the new questionnaire.
After applying a qualified electronic signature or an enhanced electronic signature based on a qualified certificate of electronic signature by the person to the new questionnaire, a unique digital code is assigned to such questionnaire, which the person transfers to the applicant. The previous questionnaire of the person and its unique digital code are not subject to processing by the NCSPFU;
the applicant no later than the next working day from the day of receipt from the person of the unique digital code of the new questionnaire enters using the CIS information (data) defined (not) in Appendix 3 into the application regarding clarification of data of the person for a position in the professional participant of capital markets and organized commodity markets.

III. Procedure for consideration of documents
30. In case of submission by the applicant of an incomplete list of documents or submission of the application and documents in violation of the requirements established by Section II of this Procedure, the NCSPFU informs the applicant about leaving the application without movement within 3 working days from the day of receipt of the application and corresponding documents by sending an official communication channel a corresponding message containing identified deficiencies with reference to the violated requirements of the Procedure, the method and term for eliminating deficiencies, as well as methods, order and terms for appealing the decision on leaving the application without movement.
The term for eliminating deficiencies cannot be less than 5 working days.
At the request of the applicant, the NCSPFU may extend the term for eliminating identified deficiencies.
In case of eliminating identified deficiencies within the term established by the NCSPFU, the application is considered submitted on the day of its primary submission. In this case, the period of consideration of documents is extended by the period of leaving the application without movement.
31. The NCSPFU carries out consideration of documents submitted by the applicant and conducts a comprehensive assessment within a period of no more than 60 calendar days, taking into account cases of extension of the specified period, as provided for in paragraph 33 of this section.
32. The NCSPFU during the consideration of documents submitted by the applicant has the right to request and receive from state bodies, participants of capital markets or any natural or legal persons, as well as persons regarding whom the assessment of business reputation is carried out, or verification of compliance with their qualification requirements, additional information, documents and explanations necessary for complete and comprehensive analysis and adoption of a reasoned decision by it, in accordance with this Procedure. The course of the period of consideration of documents is suspended from the day of sending the letter (request) by the NCSPFU and resumes after receipt of all additional documents, information and explanations.
33. The NCSPFU has the right, having notified the professional participant, to suspend the course of the period of consideration of documents submitted by the professional participant in accordance with Section II of this Procedure, in case of discovery of circumstances that may affect the adoption of a decision by the NCSPFU, until clarification of such circumstances, as well as in case of receipt of a petition defined in paragraph 30 of this section, but not more than for 45 calendar days.
34. Upon a written appeal of the applicant submitted to the NCSPFU through his/her electronic user cabinet in the CIS within the period of consideration of his/her application and corresponding documents, regarding refusal from consideration of this application by the NCSPFU in connection with the need to refine submitted documents, the NCSPFU from the date of receipt of such appeal stops consideration of documents submitted in accordance with this Procedure and considers them as returned to the applicant. After refinement, the applicant submits documents in the general order no later than 40 calendar days

from the day of submission by him/her to the NCSPFU of an appeal regarding refusal from consideration by the NCSPFU of the submitted application and corresponding documents for the purpose of their refinement by the applicant.
IV. Assessment of professional suitability
35. The assessment of professional suitability of persons specified in paragraphs 1, 2 of Section I of this Procedure is carried out by testing and interview for the purpose of assessing their knowledge of legislation regulating capital markets and organized commodity markets, and ability to perform powers for the corresponding position or function.
The conduct of assessment of professional suitability of persons specified in subparagraphs 1–4 of paragraph 1 of Section I of this Procedure is considered as attestation of such persons.
Testing is carried out:
with persons specified in paragraphs 1, 2 of Section I of this Procedure, except for persons who have work experience in capital markets and organized commodity markets and/or capital markets of countries – members of the Organization for Economic Co-operation and Development and/or international financial institutions for more than 9 years; by decision of the NCSPFU, adopted as a result of the conducted interview. Interview is carried out with persons:
specified in subparagraphs 1–4 of paragraph 1 and subparagraphs 1, 2 of paragraph 2 of Section I of this Procedure; specified in subparagraphs 5, 6 of paragraph 1 and subparagraphs 3, 4 of paragraph 2 of Section I of this Procedure, whose business reputation does not meet the requirements established by this Procedure and Standards, and/or in case of adoption of a decision by the qualification commission provided for in paragraph 47 of this section.
36. Testing and/or interview are carried out in case of:

consideration by the NCSPFU of the application and documents provided for in paragraph 23 of Section II of this Procedure for approval of the person for a position or performance of function(s) in accordance with this Procedure;
adoption by the NCSPFU of a decision on conducting additional assessment of professional suitability provided for in Section VIII of this Procedure;
consideration by the NCSPFU of documents for issuing a license in the case provided for in paragraph 8 of Section I of this Procedure.

Testing of persons in accordance with the Testing Program provided for in paragraph 54 of Section VI of this Procedure is carried out no later than 20 calendar days from the day of receipt by the NCSPFU of the application and documents provided for in paragraph 23 of Section II of this Procedure, or from the date of adoption by the NCSPFU of a decision on the need to conduct testing provided for in subparagraph 2 of paragraph 36 of this section.
Interview with the person in case of its conduct is organized by the NCSPFU within 15 calendar days from the day of receipt from the Testing Center of protocols of testing provided for in the second paragraph of paragraph 45 of this section, provided that the results of passing the testing by the person are successful.
The person is notified by sending an electronic message through his/her electronic user cabinet in the CIS no later than 5 working days before the date of conducting testing or interview:

by the Testing Center about the date of conducting testing provided for in paragraph 36 of this section. The electronic message is sent by the Testing Center to the person no later than the next working day from the day of receipt from the NCSPFU of information which must contain the surname, name, patronymic (if available) and registration number of the taxpayer's account (series (if available) and passport number – for persons who, due to their religious beliefs, refused to accept the registration number of the taxpayer's account and officially notified the corresponding controlling body about this and have the corresponding mark in the passport in accordance with the law) of persons who must pass testing, the name of the corresponding professional participants and the type of their professional activity, the type of job duties / functions of the person;
by the NCSPFU about the place, date and time of conducting the interview (in case of its conduct).

The NCSPFU publishes on its official website the list of normative legal acts and documents, according to which authorized representatives of the NCSPFU will form questions for the interview.
During the interview, the NCSPFU carries out assessment:

understanding by the person of functions, powers and duties for the corresponding position or function;
practical experience of the person in the corresponding sphere;
ability of the person to identify risks, prevent conflict of interest and make reasoned decisions in non-standard situations;
circumstances significant for the assessment of business reputation and professional suitability of the person.

Testing and interview are conducted in the state language. Upon a reasoned petition of the person and by decision of the NCSPFU, the interview may be

carried out in another language with the provision of translation by such person or the applicant.
43. The person who on the day of conducting testing and/or interview, defined in the electronic message provided for in paragraph 39 of this Procedure, without valid reasons did not appear and/or did not provide reasoned explanations regarding his/her absence, is considered to have received a negative conclusion as a result of the assessment of professional suitability.
44. Valid reasons for non-appearance may be severe illness, accident, force majeure, circumstances of martial law or other circumstances recognized as valid by the NCSPFU. Confirming documents regarding the presence of valid reasons for non-appearance are submitted by the person to the NCSPFU no later than 5 working days after the defined date of the interview or testing.
As a result of the consideration of confirming documents, the NCSPFU may make a decision on appointing another date for conducting testing and/or interview or make a ruling on refusal to approve the person.
45. As a result of testing and interview, a protocol is formed / compiled.
The testing protocol is formed in automatic mode by the Testing Center and must contain information provided for in paragraph 52 of Section V of this Procedure.
The interview protocol is compiled by the NCSPFU and must contain the surname, name, patronymic (if available) of the person, the name of the professional participant, the position or function, the date of conducting the interview, the composition of authorized representatives of the NCSPFU, a brief summary of questions and answers and the final conclusion.
46. Final conclusions on the results of testing and interview are taken into account during the comprehensive assessment of the person and the adoption of the NCSPFU ruling on approval of the person or refusal to approve the person.
47. The NCSPFU, as a collegial body, may refer to the competence of the qualification commission established by it the adoption of decisions provided for in this Procedure, regarding:

consideration of information and documents provided for in Section II of this Procedure;
determination of criteria for making a decision on conducting testing and/or interview, including taking into account the requirements established by paragraph 35 of Section IV of this Procedure;
postponement of conducting testing and/or interview;
recognition of valid reasons for absence, provided for in paragraph 44 of Section IV of this Procedure;
additional assessment of professional suitability, provided for in Section VIII of this Procedure.

The form of work of the qualification commission is a meeting, which may take place in videoconference mode. The qualification commission may meet on condition that not less than half of its total number of members participate in it.
A decision of the qualification commission is considered adopted if more than half of the total number of members of the qualification commission voted for it.
V. Conducting Testing
Testing is conducted by the Testing Center in electronic form using the integrated subsystem of providing administrative services of the CIS. The functions of the Testing Center are performed by the State Institution "Agency for the Development of the Securities Market Infrastructure of Ukraine". The Testing Center performs the following functions:

ensures software and technical support for the Testing Program provided for in Section VI of this Procedure;
notifies the person of the testing date taking into account the requirements established by subparagraph 1 of paragraph 39 of Section IV of this Procedure;
ensures the conduct of testing and compilation of relevant protocols on passing the test;
forms, updates, stores, and ensures the confidentiality of the database of test results;
submits test protocols to the NCSPFM in electronic form;
provides data from the test results database upon request by the person who participated in the testing.

A person, after receiving an electronic message through their electronic user cabinet in the CIS, performs the volume of test tasks provided for by the Testing Program by answering test questions.
The person confirms the completed test tasks by applying a qualified electronic signature or an advanced electronic signature based on a qualified certificate of an electronic signature,

after which the test protocol is formed in automatic mode.
In the event that on the day of testing specified in the electronic message provided for in paragraph 39 of this Procedure, the person has not applied a qualified electronic signature or an advanced electronic signature based on a qualified certificate of an electronic signature confirming the completion of test tasks, the person is considered to have received a negative result. Test results are considered successful if not less than 80% of correct answers are provided out of the total number of test questions.
52. The test results database must contain information regarding each person who participated in the testing and test protocols, which contain the following details:

surname, first name, patronymic (if available) and registration number of the taxpayer's account card (series (if available) and passport number – for persons who, due to their religious beliefs, refused to accept the registration number of the taxpayer's account card and officially notified the relevant tax authority about this and have the corresponding mark in the passport in accordance with the law);
the name of the professional participant and the type(s) of its professional activity, the type of job duties/functions of the person;
the date the person took the test;
the total number of test tasks completed by the person and the total number of points received by such person;
information regarding each of the test tasks completed by the person during the test, indicating answers to them and points received;
conclusion on the completion of test tasks;
number and date of compilation of the test protocol.

Information from the test results database is stored by the Testing Center for ten years from the date of its entry into such database. The NCSPFM exercises control over the Testing Center's compliance with the requirements of this Procedure.
VI. Testing Program
The Testing Program is developed, reviewed, and updated by the NCSPFM and consists of questions grouped into the following sections:

Section I "Basic Knowledge" – verification of knowledge of basic legislation applicable in capital markets and organized commodity markets;
Section II "Corporate Governance" – verification of knowledge of legislation regulating corporate governance issues, depending on the direction of the person's activity in the professional participant:
supervision; executive functions; accounting and reporting; compliance; risk management; internal audit;
Section III "Ethical Norms" – verification of knowledge of ethical aspects of the person's activity in the professional participant;
Section IV "Special Knowledge" – verification of knowledge of legislation regulating issues of the corresponding type of professional activity, namely:
activity in trading financial instruments; activity in organizing trading of financial instruments; clearing activity; depository activity; activity in managing assets of institutional investors; activity in managing property for financing construction objects and/or carrying out operations with real estate; activity in administering non-state pension funds; activity in organizing trading of products, concluding derivative contracts on commodity exchanges. Verification of knowledge under Sections I "Basic Knowledge" and III "Ethical Norms" is carried out regardless of the type of professional activity. Verification of knowledge under Sections II "Corporate Governance" and IV "Special Knowledge" is carried out taking into account the direction of the person's activity in the professional participant and the type of professional activity.

Information about the Testing Program, including the number of test questions and their examples, time allocated for testing, as well as organizational measures for conducting testing, is published on the official website of the NCSPFM and the Testing Center.
VII. Adoption of a Resolution on Coordination or Refusal to Coordinate a Person
As a result of reviewing the documents submitted by the applicant and conducting a comprehensive assessment of the person specified in paragraphs 1, 2 of Section I of this Procedure, the NCSPFM adopts one of the following resolutions on:

coordination of the person;
refusal to coordinate the person.

The NCSPFM adopts a resolution on coordinating the person specified in paragraphs 1, 2 of Section I of this Procedure for the position / for exercising powers / performing duties / functions, provided that as a result of the assessment, the business reputation and professional suitability of the person meet the requirements of legislation.
The NCSPFM resolution on coordinating a person for a position / for exercising powers / performing duties / functions is the basis for concluding a civil-law or labor contract between the person and the professional participant, after which such person may begin performing the corresponding official powers in the professional participant in the position for which they were coordinated.
Grounds for the NCSPFM to adopt a resolution on refusal to coordinate the person specified in paragraphs 1, 2 of Section I of this Procedure are:

establishment of the person's non-compliance with legislative requirements, including as a result of the assessment of professional suitability;
impossibility of combining / holding concurrent positions and/or duties/functions by the person in accordance with legislative requirements;
submission to the NCSPFM of documents containing incomplete and/or mutually exclusive and/or unreliable information and/or not meeting legislative requirements;
recognition of the person's business reputation as not meeting the requirements established by this Procedure and Standards;
failure to eliminate identified deficiencies that became the basis for leaving the application unprocessed, including within the time limit established in the NCSPFM notification on leaving the application unprocessed in accordance with the second paragraph of paragraph 30 of Section III of this Procedure;
absence of legal force of a decision (other document) by which the person specified in paragraphs 1, 2 of Section I of this Procedure was appointed/elected to a position, elected/defined as a candidate for a position, or by which temporary performance of duties of the head manager/performance of duties of the head manager was imposed on the person, or the right of first signature was granted or duties/functions of compliance manager, risk manager, internal auditor were imposed or financial monitoring was carried out, in cases defined by law or on the basis of a court decision.

The NCSPFM within 3 working days from the date of adoption of the resolution on coordination/refusal to coordinate such coordination notifies the professional participant through its electronic user cabinet in the CIS by sending a corresponding letter to the professional participant and a copy of such resolution in electronic form.
The authorized body/authorized person of the professional participant adopts a decision on dismissing the person specified in paragraphs 1, 2 of Section I of this Procedure (except for a person elected to the body responsible for carrying out supervision) from the occupied position or a decision on terminating the temporary performance of duties of the head manager/performance of duties of the head manager, or terminating their right of first signature, or terminating the performance of duties/functions of compliance manager, risk manager, internal auditor or person responsible for carrying out financial monitoring within 30 days from the date of receipt from the NCSPFM of a letter and a copy of the NCSPFM resolution on refusal to coordinate such person, adopted on grounds provided for in paragraph 59 of this Section.
In the event of the NCSPFM adopting a resolution on refusal to coordinate regarding a person elected to the supervisory board or another body responsible for carrying out supervision, the professional participant must elect another person to the corresponding position (if such election is required by legislation or internal documents of the professional participant) or re-elect such person if the NCSPFM resolution on refusal to coordinate regarding them was adopted on the ground of absence of legal force of a decision (other document) by which they were elected, within 90 calendar days from the date of receipt of the corresponding letter and a copy of such resolution.
The professional participant has the right to elect/appoint the person specified in paragraphs 1, 2 of Section I of this Procedure to the corresponding position/impose functions/duties on such person/grant them the right of first signature and submit to the NCSPFM relevant documents for their coordination no earlier than one year from the date of adoption of the NCSPFM resolution on refusal to coordinate such person.
In the event of the NCSPFM adopting a resolution on refusal to coordinate the person specified in paragraphs 1, 2 of Section I of this Procedure on the ground of non-compliance of the person with legislative requirements regarding professional suitability, established as a result of comprehensive assessment, the professional participant may resubmit to the NCSPFM documents for coordination of such person no earlier than six months from the date of adoption of the corresponding NCSPFM resolution. In the event of the NCSPFM adopting a resolution on refusal to coordinate the person specified in paragraphs 1, 2 of Section I of this Procedure on the ground of recognition of the person's business reputation as not meeting the requirements established by this Procedure and Standards, the applicant may submit to the NCSPFM:
a petition provided for in the second paragraph of paragraph 25 of Section II of this Procedure;

documents for coordination of such person no earlier than one year from the date of adoption of the NCSPFM corresponding resolution on refusal to coordinate the person and provided that the grounds for adopting such resolution are eliminated; documents for coordination of such person in the event of the NCSPFM adopting a resolution on satisfaction of the NCSPFM petition regarding non-application to the person of certain signs of non-compliance of business reputation with requirements established by this Procedure and Standards. Until the NCSPFM adopts such resolution, documents regarding repeated coordination of the person are not considered. In the event of the NCSPFM adopting a resolution on refusal to coordinate the person specified in paragraphs 1, 2 of Section I of this Procedure on the ground of absence of legal force of a decision (other document) by which the person specified in paragraphs 1, 2 of Section I of this Procedure was appointed/elected to a position, elected/defined as a candidate for a position, or by which temporary performance of duties of the head manager/performance of duties of the head manager was imposed on the person, or the right of first signature was granted or duties/functions of compliance manager, risk manager, internal auditor were imposed or financial monitoring was carried out, in cases defined by law or on the basis of a court decision, the professional participant may resubmit to the NCSPFM documents for coordination of such person after the adoption of a new decision regarding such person.
63. The professional participant within 5 working days from the date of adoption by the authorized body/authorized person of a decision on dismissal from the occupied position of the person specified in paragraph 1 of Section I of this Procedure, or termination of performance of duties (functions) by the person specified in paragraph 2 of Section I of this Procedure, in the electronic user cabinet in the CIS forms and sends to the NCSPFM a notification regarding the decision on dismissal of the person from the occupied position or decision on termination of temporary performance of duties of the head manager/performance of duties of the head manager, or termination of their right of first signature, or termination of performance of duties/functions of compliance manager, risk manager, internal auditor or person responsible for carrying out financial monitoring, in accordance with requirements defined in Appendix 4.
64. Submission of documents after revision or their resubmission is carried out in the general order established by Section II of this Procedure. Appeal of decisions/resolutions of the NCSPFM provided for by this Procedure is carried out in accordance with requirements established by legislation. Submission of a complaint or lawsuit does not suspend execution of the decision/resolution of the NCSPFM, unless otherwise established by the court or law.
VIII. Monitoring of Compliance of Persons Coordinated by the NCSPFM
65. The NCSPFM monitors compliance with legislative requirements of business reputation and/or professional suitability of persons specified in paragraphs 1, 2 of Section I of this Procedure, regarding whom the NCSPFM has adopted a resolution on coordination (hereinafter – monitoring).
66. Monitoring is carried out by analyzing information received by the NCSPFM during state regulation and supervision, from the professional participant, state bodies, physical or legal persons, from open sources, as well as as a result of inspection checks, remote supervision, and information received in the process of applying influence measures.
67. The NCSPFM conducts an additional assessment of business reputation and/or professional suitability of a person if, as a result of monitoring, it is established:

signs that may indicate non-compliance by the person with legislative requirements for business reputation and/or professional suitability;
facts of violation by the person of legislation on capital markets and organized commodity markets, legislation in the field of financial monitoring or consumer protection of financial services;
submission to the NCSPFM of unreliable, incomplete, contradictory or outdated information regarding the person;
application of sanctions to the person, entry into legal force of a court decision or other circumstances that have significance for assessing their compliance;
other justified circumstances that provide sufficient grounds for reviewing the person's compliance.

As a result of monitoring, the NCSPFM may adopt a decision to conduct an additional assessment of professional suitability of a person by conducting testing and/or interview within a time limit that cannot be greater than 10 working days from the date of adoption of such decision.
The NCSPFM decision on conducting an additional assessment of professional suitability no later than the next working day from the date of its adoption is sent by CIS means to the person regarding whom such decision was adopted and to the Testing Center.
The person is notified by the Testing Center and/or NCSPFM in accordance with the requirements of paragraph 39 of this Procedure of the date and time of conducting an additional assessment of professional suitability by testing and/or interview (in the event of adoption of the corresponding NCSPFM decision).
Testing and/or interview as part of the additional assessment of professional suitability are conducted taking into account the requirements established by Sections IV–VI of this Procedure.
In the event that as a result of additional assessment, non-compliance with legislative requirements of business reputation and/or professional suitability of the person specified in paragraphs 1, 2 of Section I of this Procedure is established, the NCSPFM adopts a corresponding resolution (hereinafter – resolution on non-compliance).
The NCSPFM within 3 working days from the date of adoption of the resolution on non-compliance sends to the professional participant and the relevant person through the electronic cabinet in the CIS a copy of such resolution in electronic form.
The professional participant has the right within 5 working days from the date of sending by the NCSPFM of the resolution on non-compliance to submit to the NCSPFM in accordance with requirements established by paragraph 25 of Section II of this Procedure, a justified petition regarding non-application to the person, regarding whom the resolution on non-compliance was adopted, of certain signs of non-compliance of their business reputation with requirements established by this Procedure and Standards.
The NCSPFM raises before controllers/major shareholders in professional participants (excluding banks) the issue of dismissal/removal from positions of persons who exercise management functions in such professional participants, in the event that a resolution on non-compliance has been adopted by the NCSPFM regarding such persons.
The professional participant may resubmit to the NCSPFM documents for coordination of the person regarding whom the NCSPFM has adopted a resolution on non-compliance, in the case of:
adoption by the NCSPFM of a resolution on non-application to the person of certain signs of non-compliance of business reputation with requirements established by this Procedure and Standards. Until the NCSPFM adopts such resolution, documents regarding repeated coordination of the person are not considered; adoption by the NCSPFM of a resolution on non-compliance on the ground of non-compliance of the person's business reputation with requirements established by this Procedure and Standards, and provided that the grounds for adopting such resolution are eliminated – no earlier than six months from the date of adoption of the NCSPFM resolution on non-compliance; adoption by the NCSPFM of a resolution on non-compliance on the ground of non-compliance of professional suitability of the person – no earlier than six months from the date of adoption of the NCSPFM resolution on non-compliance.
IX. Regulation and Control
The NCSPFM carries out regulation and control over compliance with the requirements of this Procedure by professional participants and persons specified in paragraphs 1, 2 of Section I of this Procedure.
In carrying out regulation and control, the NCSPFM:

considers documents submitted by professional participants regarding coordination of persons specified in paragraphs 1, 2 of Section I of this Procedure;
determines an NCSPFM official and/or structural unit of the NCSPFM office that will exercise (which will exercise) the corresponding powers;
carries out assessment of professional suitability, business reputation, skills and experience of persons who are candidates or appointed in professional participants to positions specified in paragraphs 1, 2 of Section I of this Procedure;
carries out monitoring provided for in Section VIII of this Procedure;
adopts decisions on the necessity of conducting an additional assessment of professional suitability by testing and/or interview;
requests information and documents necessary for assessing business reputation and/or professional suitability of persons specified in paragraphs 1, 2 of Section I of this Procedure, from state bodies, capital market participants or any physical or legal persons;
carries out other powers provided for by this Procedure.
Director of the Department of Methodology of Activity of Professional Participants Maxim TYMOKHIN

Appendix 1
to the Procedure for Coordinating Persons Appointed in Professional Participants of Capital Markets and Organized Commodity Markets (Excluding Banks) to Positions of Managers and Persons Responsible for Carrying Out Functions of Compliance, Risk Management, Internal Audit, Financial Monitoring (subparagraph 2 of paragraph 18 of Section II) Requirements to the Physical Person's Questionnaire The physical person's questionnaire must contain:

Position (selected from the proposed: Manager / Position in the internal control system / Chief Accountant / Person Responsible for Carrying Out Financial Monitoring)1;
Surname, First Name, Patronymic (if available);
Date and place of birth;
Passport data (country of citizenship (allegiance), series (if available), number, date of issue, by whom issued);
Registration number of the taxpayer's account card (except for physical persons who, due to their religious beliefs, refuse to accept the registration number of the taxpayer's account card, officially notified the relevant tax authority about this and have a mark in the passport) and/or tax identification number for non-residents, unique record number in the Unified State Demographic Register (if available);
Contact details (phone number, email address, address of declared/registered place of residence / actual place of residence (stay) (country, postal code, region, district, name of populated area, street, house and apartment number);
Data on education, other information indicating acquisition of professional qualification relevant to the financial sphere and/or to capital markets and/or commodity market, issues of accounting and/or issues of financial monitoring (name of educational institution, series, number, date of issue of the education document, if available – another document indicating acquisition of professional qualification, qualification, specialty according to the education document/other document);
Information regarding place, length of work experience and positions held2:

place of work (full name of the legal entity, identification code of the legal entity; position held; period of holding the position from ____ to ____; description of job functions and tasks / reason for dismissal/termination of powers; work experience (in years):
in capital markets and organized commodity markets and/or in financial services markets, in the position of accountant and/or chief accountant (person responsible for maintaining accounting records), in positions in the field of prevention and counteraction to legalization (laundering) of proceeds obtained criminally, terrorism financing and financing of proliferation of weapons of mass destruction;
9. information on ultimate beneficial owners for a natural person if this person is a commercial agent, nominal owner or nominal holder or intermediary regarding the right to shares/parts of the charter capital of a professional participant or voting rights therein:
surname, first name, patronymic (if any) of the natural person - ultimate beneficial owner; unique record number in the Unified State Demographic Register (if available); registration number of the taxpayer's account card (except for natural persons who, due to their religious beliefs, refuse to accept the registration number of the taxpayer's account card, have officially notified the relevant tax authority and have a corresponding mark in their passport) and/or tax identification number for non-residents (if available) of the natural person - ultimate beneficial owner; series (if available) and passport number3, of the natural person - ultimate beneficial owner; information regarding relations with the natural person - ultimate beneficial owner (commercial agent, nominal owner or nominal holder or intermediary regarding the right to shares/parts of the charter capital of a professional participant or voting rights therein);
10. answer to the question regarding the performance by the person at present of any activity related to capital markets and/or organized commodity markets4. If the answer is yes, the corresponding data are specified;
11. answer to the question regarding the person's ability to change persons appointed to the executive body and/or the supervisory body in a professional participant, regardless of formal direct and/or indirect ownership by one person independently or jointly with other persons of a share of the charter capital and/or voting rights of shares (parts) of the applicant4. If the answer is yes, the corresponding data are specified;
12. answer to the question regarding the person's ability to access insider information directly or indirectly concerning the professional participant, which provides the opportunity to make and/or directly influence the adoption of management decisions (including on operational and financial strategy) that affect the further

development and commercial prospects of the professional participant4. If the answer is yes, the corresponding data are specified;
13. answer to the question regarding the presence of additional rights of the person in the professional participant based on a concluded agreement or a provision contained in the charter of the applicant4.
If the answer is yes, the corresponding data are specified;
14. answer to the question regarding the absence/presence in the person of violations of the requirements of legislation on prevention and counteraction to legalization (laundering) of proceeds obtained criminally, terrorism financing and financing of proliferation of weapons of mass destruction, legislation on financial services and legislation on anti-corruption, as well as convictions for crimes against the fundamentals of national security of Ukraine, peace, security of humanity and international legal order, public safety, property, in the field of economic activity, in the field of use of electronic computing machines (computers), systems and computer networks and telecommunication networks and in the field of official and professional activity related to the provision of public services, which have not been expunged or canceled in the manner established by law4. If the answer is yes and a violation is present, the specific violation committed, the date of the violation, by whom, when and on what grounds such violation was established, the details of the court decision, verdict are specified;
15. answer to the question regarding the presence of facts of termination of powers (dismissal) of the person or their transfer to another position during the last three years, if it was preceded by a requirement (decision) of the relevant state body, including an authorized body of a foreign state, to replace this person in the position or to suspend them from the position due to improper performance of official duties by the person, which led to the violation by the financial institution / foreign financial institution / commodity exchange of the requirements of legislation4. If the answer is yes, the full name of the financial institution /
foreign financial institution / commodity exchange, identification code, LEI code (if available), by whom, when and on what grounds the decision on termination of powers / dismissal / transfer was made is specified;
16. answer to the question regarding cases of dismissal of the person from work (including from work in foreign legal entities) during the last five years for systematic or single gross violation by the person of their official duties, violation of legislation on anti-corruption, commission of embezzlement, abuse of power / official position or another offense (when working in legal entities - residents - dismissal on the basis of paragraphs 3, 4, 7 of Part 1 of Article 40, paragraphs 1, 11, 2, 3 of Part 1 of Article 41,
ninth paragraph of Part 1 of Article 431 and Article 45 of the Code of Laws on Labor of Ukraine)4.
If the answer is yes, it is specified who, when and on what grounds made such a decision;
17. answer to the question regarding cases of dismissal of the person from the position in connection with the imposition of disciplinary liability as a result of disciplinary proceedings provided for by special laws (applied for three years from the date of adoption of the corresponding decision)4. If the answer is yes,
it is specified who, when and on what grounds made such a decision;

answer to the question regarding the dismissal of the person from performing the functions of a trustee of a trust or non-termination of other fiduciary relations with this person in connection with a violation or improper performance of their duties by them4. If the answer is yes, it is specified
who, when and on what grounds made such a decision;
answer to the question regarding the application to the person of a disciplinary sanction in the form of deprivation of the right to engage in legal practice / exclusion from the Unified Register of Advocates of Ukraine, annulment of the certificate issued to the person for the right to engage in notarial activity or activity of an arbitration manager (property administrator, rehabilitation manager, liquidator), deprivation of the right to engage in the activity of a private executor (applied for three years from the date of adoption of the corresponding decision)4.
If the answer is yes, it is specified who, when and on what grounds made such a decision;
answer to the question regarding the presence of facts established by the relevant state body of the person providing directly or through third parties to the state body unreliable information about themselves, which influenced or could influence the adoption of a decision by this state body (applied for three years from the date of providing such information)4. If the answer is yes, a list of facts, by whom, when and under what circumstances the corresponding fact(s) were established is specified;
answer to the question regarding the presence of facts of holding a significant share in a financial institution, foreign financial institution as of any date during the year preceding the date of the decision of the licensing and supervisory body, court or other authorized body regarding such an institution on:
appointment of a temporary administration and/or inclusion in the category of insolvent, or declaration of bankruptcy, and/or withdrawal/termination (cancellation) of the license / all licenses for the provision of financial services / all licenses for certain types of professional activity in capital markets and organized commodity markets at the initiative of the licensing and supervisory body (except for withdrawal/termination (cancellation) of the license in connection with the non-provision by the financial institution of any financial service during the year from the date of its receipt / if the professional participant of capital markets did not begin professional activity in capital markets and organized commodity markets and/or did not provide additional services provided for by the license for the provision of a certain type of activity during the year from the date of receipt of such license / did not conduct professional activity in capital markets and organized commodity markets, and/or did not provide additional services provided for by the license for the provision of a certain type of activity during six consecutive months, if another term is not established by a special law regulating such type of activity), and/or exclusion from the State Register of Financial Institutions / Register of Professional Participants of Capital Markets and Organized Commodity Markets and/or register of financial institutions of another licensing and supervisory body, authorized body of a foreign state4. If the answer is yes, the name of the financial institution / foreign financial institution, identification code, LEI code (if available), where the person held a significant share, by whom, when and under what circumstances the decision regarding such an institution on:
appointment of a temporary administration and/or inclusion in the category of insolvent, or declaration of bankruptcy, and/or withdrawal/termination (cancellation) of the license / all licenses for

provision of financial services / all licenses for certain types of professional activity in capital markets and organized commodity markets at the initiative of the licensing and supervisory body, and/or exclusion from the State Register of Financial Institutions / Register of Professional Participants of Capital Markets and Organized Commodity Markets and/or register of financial institutions of another licensing and supervisory body, authorized body of a foreign state is specified);
22. answer to the question regarding the presence of facts of holding a position (or performing duties of a position) in the supervisory board, board of directors, collegial executive body, head of the sole executive body, official of the internal control system, chief accountant or facts of performing the functions of a person ensuring the maintenance of accounting records, of a financial institution / foreign financial institution / commodity exchange for more than six months during the year preceding the date of the decision on recognizing the financial institution / foreign financial institution / commodity exchange as bankrupt or the entry into legal force of the decision / ruling on withdrawal (termination, cancellation) of the license for committing an offense in financial services markets and/or organized commodity markets or decision regarding the bank / foreign bank on bankruptcy / withdrawal of license / exclusion from the register of professional participants of capital markets and organized commodity markets and/or register of financial institutions (except for withdrawal of the banking license in connection with the non-performance by the bank of any banking operation during the year from the date of its receipt or during the liquidation of the bank or cessation of banking activity without termination of the legal entity at the initiative of the owners)4. If the answer is yes,
the name of the financial institution / foreign financial institution / commodity exchange, identification code, LEI code (if available), where the person held the corresponding position, the name of the position, by whom, when and under what circumstances the decision on recognizing such a financial institution / foreign financial institution / commodity exchange as bankrupt, or the decision / ruling on forced liquidation or termination (cancellation) of the license for committing an offense in financial services markets and/or organized commodity markets, or on inclusion of the bank / foreign bank in the category of insolvent or withdrawal of the banking license from the bank / foreign bank at the initiative of the National Bank of Ukraine (except for withdrawal of the banking license in connection with the non-performance by the bank of any banking operation during the year from the date of its receipt or during the liquidation of the bank or cessation of banking activity without termination of the legal entity at the initiative of the owners) is specified;
23. answer to the question regarding the person's ability to independently of holding positions and holding a share in a financial institution / foreign financial institution / commodity exchange to provide mandatory instructions or otherwise determine or significantly influence the actions of such a financial institution / foreign financial institution / commodity exchange as of any date during the year preceding the date of the decision on recognizing the financial institution / foreign financial institution / commodity exchange as bankrupt or the entry into legal force of the decision / ruling on withdrawal (termination, cancellation) of the license for committing an offense in financial services markets and/or organized commodity markets or decision regarding the bank on bankruptcy / withdrawal of license / exclusion from the register of professional participants of capital markets and organized commodity markets and/or register of financial institutions (except for withdrawal of the banking license in connection with the non-performance by the bank of any banking operation during the year from the date of its receipt or during the liquidation of the bank or cessation of

banking activity without termination of the legal entity at the initiative of the owners)4. If the answer is yes, the full name of the financial institution / commodity exchange, identification code, LEI code (if available) and grounds for providing mandatory instructions or otherwise determining or significantly influencing its actions, by whom, when and on what grounds the decision on recognizing such a financial institution / foreign financial institution / commodity exchange as bankrupt, or the decision / ruling on withdrawal (termination, cancellation) of the license for committing an offense in financial services markets and/or organized commodity markets, or decision regarding the bank on bankruptcy / withdrawal of license / exclusion from the register of professional participants of capital markets and organized commodity markets and/or register of financial institutions (except for withdrawal of the banking license in connection with the non-performance by the bank of any banking operation during the year from the date of its receipt or during the liquidation of the bank or cessation of banking activity without termination of the legal entity at the initiative of the owners) is specified;
24. answer to the question regarding the commission by the person of gross (significant) and/or systematic violations of the requirements of banking, financial, currency legislation, legislation on financial monitoring, legislation on capital markets and organized commodity markets, legislation on joint-stock companies, consumer protection, established in the manner defined by legislation4. If the answer is yes, it is specified which violation was committed, the date of the violation and by whom, when and on what grounds such a violation was established, the type of sanction applied;
25. answer to the question regarding the presence of facts of two or more unexcused absences of the person (without valid reasons) for drawing up a protocol on an administrative offense of requirements of banking, financial, currency legislation, legislation on financial monitoring, legislation on capital markets and organized commodity markets, legislation on joint-stock companies, consumer protection4. If the answer is yes, the event associated with the fact of drawing up the protocol, the reason for absence and by whom, when and on what grounds the protocol on an administrative offense was drawn up is specified;
26. answer to the question regarding the presence of facts of non-compliance of the person's activities with the requirements for business practices and/or professional ethics4. If the answer is yes, it is specified by whom, when and under what circumstances such facts were established;
27. answer to the question regarding the application to the person of economic and other restrictive measures (sanctions) in accordance with resolutions of the UN Security Council, other international organizations, decisions of the European Union Council, other intergovernmental associations, of which Ukraine is a member (participant), which provide for restrictions or prohibition of trade and/or financial operations, by bodies of foreign states (except for states that carry out armed aggression against Ukraine in the meaning provided for in Article 1 of the Law of Ukraine "On Defense of Ukraine") or Ukraine (for the purposes of this sub-item, a person is considered not subject to such measures if three years have passed since their cancellation)4. If the answer is yes, the type of measure (sanction), the name of the body and the reasons for its application are specified;
28. answer to the question regarding the deprivation of the person in the manner established by law of the right to hold certain positions or engage in certain activities (for the purposes of this

sub-item, a person is considered not deprived of the right to hold certain positions or engage in certain activities after the expiration of the term for which the deprivation of such right was carried out)4. If the answer is yes, the position and/or type of activity, which (by which) the person was deprived of the right to hold/engage in, by whom, when and on what grounds the corresponding decision was made is specified;
29. answer to the question regarding the inclusion of the person in the list of persons associated with terrorist activity, or regarding whom international sanctions have been applied, in the manner established by law4. If the answer is yes, the corresponding list, by whom it was compiled, and the date and circumstances/grounds for the inclusion of the person in the list, the list of sanctions applied to the person are specified;
30. answer to the question regarding the presence of facts of the person acquiring a significant share in a financial institution/commodity exchange4. If the answer is yes, the full name of the financial institution / commodity exchange, identification code, LEI code (if available), date of acquisition of the significant share, type and form of transaction, size of the share (shares) in the charter capital acquired is specified;
31. answer to the question regarding whether the person performed the powers of the sole executive body, is (was) the head or member of the collegial executive body, head or member of the supervisory board (or another body responsible for supervision) of a legal entity, regarding which there are facts of carrying out an operation (operations) related (related) to the direct conduct of professional activity in capital markets and organized commodity markets, for the conduct of which (which) the presence of a corresponding license is necessary, without a license for the provision of the corresponding type of activity within such professional activity, or the conduct of the corresponding type of activity subject to licensing on the basis of a license other than the one that provides the right to conduct such type of activity4. If
the answer is yes, the position of the person in the legal entity, the type and date of such operations, the type of activity subject to licensing are specified;
32. answer to the question regarding the presence of other signs of non-compliance of business reputation with the requirements defined by the relevant state bodies (including relevant foreign state bodies), identified regarding the periods of the person's work in financial services markets and/or organized commodity markets, the state regulation of which is carried out by the relevant state bodies4. If the answer is yes, the corresponding signs, by whom, when and under what circumstances they were identified/established are specified;
33. answer to the question regarding the presence of facts of the person holding the position / positions (performing duties of a position) of the head, official of the internal control system, chief accountant or facts of performing the functions of a person ensuring the maintenance of accounting records, of a financial institution / commodity exchange for more than six months without the approval of the relevant state authority, the necessity of approval of appointment to which by the relevant state authority is provided for by legislation, to such position / positions (applied from the first day of the seventh month after the date of election (appointment) of the person to the position (in case of holding several positions or one position several times without approval by the relevant state authority - after the date of election (appointment) of the person to the first of such positions) and for three years from the date of elimination of this violation)4. If the answer is yes,

Continuation of Appendix 1 the name of the legal entity, its identification code, LEI code (if available), where the person held the corresponding position(s) (performed duties of the position), the name of the positions, circumstances and grounds on which the person held the corresponding position(s) (performed duties of the position) without the agreement of the relevant state authority, the date of appointment and dismissal of the person from the corresponding positions (performance of duties of the positions), the full name of the state authority that was supposed to agree to the appointment of the person to the corresponding positions (performance of duties of the positions);
34. answer to the question regarding the presence / absence of a conflict of interest
(contradiction between personal interests and official duties in a professional participant)4 . If the answer is yes and a conflict of interest exists, it is indicated whether it is possible to eliminate it;
35. answer to the question regarding the presence of facts defined in the requirements established
by paragraph 4 of Chapter 2 of Section IV of the Corporate Governance Standards5 , if such a person is an independent member and is part of the body responsible for supervision4 .
If the answer is yes, comprehensive information regarding such non-compliance is indicated, defined in paragraph 4 of Chapter 2 of Section IV of the Corporate Governance Standards5 ;
36. answer to the question regarding the existence as of the date of submission
of the questionnaire of proceedings of any supervisory authorities concerning such person, enforcement proceedings (both as a debtor), procedures for applying sanctions for violations related to the provision of financial services4 . If the answer is yes, the circumstances of the ongoing proceedings, the supervisory authority, the circumstances of the enforcement proceedings, who, when and for which violations sanctions were applied are indicated;
37. confirmation that the information provided in this questionnaire is true, complete as of
the date of its signing;
38. the date of signing the questionnaire by the natural person.
Notes:
1 – in the individual questionnaire, the following information is provided:
if elected to the position of head, official of the internal control system – information defined by paragraphs 2–13, 14–36 (for the last five calendar years preceding the date of submission of the individual questionnaire, if another period is not specified in the corresponding paragraph), 37, 38 of the individual questionnaire; if elected to the position of chief accountant, person responsible for financial monitoring – information defined by paragraphs 2–8, 14, 37, 38 of the individual questionnaire. 2 – information defined by paragraph 8 of the individual questionnaire is provided for the last five calendar years preceding the date of submission of the individual questionnaire. In case if legislation establishes requirements regarding work experience for holding a position, imposing duties / functions, and the relevant work experience was acquired by the natural person in a period earlier than the last five calendar years preceding the date of submission of the individual questionnaire, the required work experience for another period is additionally indicated. Information regarding holding a position, imposing duties / functions is not indicated in the applicant. 3 – for natural persons who, due to their religious beliefs, refuse to accept a tax registration number, officially notified the relevant supervisory authority about this and have a mark in their passport, and for natural persons - foreigners who are not taxpayers in Ukraine.

Continuation of Appendix 1
4 – information (data) is provided by marking the answer "yes" or "no" to the question.
5 – the requirements of corporate governance standards in professional participants of capital markets and organized commodity markets, established by decisions of the National Securities and Stock Market Commission of Ukraine dated December 30, 2021 No. 1289 "On Approval of Standard No. 2 'Corporate Governance in Professional Participants of Capital Markets and Organized Commodity Markets. Organization and functioning of the internal control system in professional participants that are enterprises of public interest and are not banks', registered in the Ministry of Justice of Ukraine on February 28, 2022 under No. 258/37594, dated December 30, 2021 No. 1290 "On Approval of Standard No. 3 'Corporate Governance in Professional Participants of Capital Markets and Organized Commodity Markets. Organization and functioning of the internal control system in professional participants that are systemically important professional participants and are not banks', registered in the Ministry of Justice of Ukraine on February 28, 2022 under No. 267/37603, dated December 30, 2021 No. 1291 "On Approval of Standard No. 4 'Corporate Governance in Professional Participants of Capital Markets and Organized Commodity Markets. Organization and functioning of the internal control system in professional participants that do not belong to enterprises of public interest and systemically important professional participants', registered in the Ministry of Justice of Ukraine on February 28, 2022 under No. 263/37599. ____________________

Appendix 2
to the Procedure for Agreeing on Persons Appointed in Professional Participants of Capital Markets and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Performing Compliance, Risk Management, Internal Audit, Financial Monitoring Functions (subparagraph 1 of paragraph 23 of Section II) Requirements to the application for agreeing on a person for a position in a professional participant of capital markets and organized commodity markets An application for agreeing on a person for a position in a professional participant of capital markets and organized commodity markets must contain:

the date of preparation of the application1
;
the full name of the applicant (as understood by the Civil Code of Ukraine)1
;
identification code, LEI code (if available) of the applicant1
;
types of professional activity in capital markets and organized commodity markets,
which the applicant carries out (all types of activity are specified)1 ;
contact numbers;
email address for the official communication channel;
surname, first name, patronymic (if available) of the person being agreed upon;
the position of the person being agreed upon (selected from the proposed):
person exercising the powers of the sole executive body, head of the collegial executive body, member of the collegial executive body, head of the supervisory board, member of the supervisory board, head of the board of directors, member of the board of directors – non-executive director, member of the board of directors – executive director, member of the board of directors – chief executive director, chief accountant, person having the right of first signature, head of an independent unit performing risk management functions, head of an independent unit performing internal audit functions,

Continuation of Appendix 2 head of an independent unit performing compliance functions, risk manager (risk officer), compliance manager (compliance officer), internal auditor, person responsible for financial monitoring;
9. the status of the person being agreed upon (selected from the proposed):
elected to the position, appointed to the position, candidate for the position, imposed duties, temporarily imposed duties, imposed duties to perform a function;
10. information about the decision of the authorized body / authorized person
of the professional participant regarding the election / appointment of the person to the position, imposition of functions / duties (if available):
date of the decision, date of assumption of office, start of performance of functions / duties (if available);
11. information regarding the presence of a description (list) of attached documents;
12. surname, first name, patronymic (if available) of the authorized person of the applicant who
signs the application.
Note:
1 – formed automatically by the subsystem of the electronic cabinet of the user of the comprehensive information and communication system of the National Securities and Stock Market Commission of Ukraine.

Appendix 3
to the Procedure for Agreeing on Persons Appointed in Professional Participants of Capital Markets and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Performing Compliance, Risk Management, Internal Audit, Financial Monitoring Functions (subparagraph 3 of paragraph 29 of Section II) Requirements to the application regarding clarification of data on a person for a position in a professional participant of capital markets and organized commodity markets An application regarding clarification of data in the application for agreeing on a person for a position in a professional participant of capital markets and organized commodity markets must contain:

the date of preparation of the application1
;
the full name of the applicant (as understood by the Civil Code of Ukraine)1
;
identification code, LEI code (if available) of the applicant1
;
contact numbers;
email address for the official communication channel;
details of the application for agreeing on a person for a position in a professional participant of capital markets
and organized commodity markets;
description of changes made to the individual questionnaire / attached documents or replacement of such
documents;
information regarding the presence of a description (list) of attached documents;
surname, first name, patronymic (if available) of the authorized person of the applicant who
signs the application.
Note:
1 – formed automatically by the subsystem of the electronic cabinet of the user of the comprehensive information and communication system of the National Securities and Stock Market Commission of Ukraine.

Appendix 4
to the Procedure for Agreeing on a person appointed to the position of head of a professional participant of capital markets and organized commodity markets, officials of the internal control system and persons responsible for performing financial monitoring (paragraph 63 of Section VII) Requirements to the notification regarding the dismissal of a person from the held position or termination of temporary performance of duties, right of first signature, performance of duties / function by the person A notification regarding the dismissal of a person from the held position or termination of temporary performance of duties, right of first signature, performance of duties / function by the person must contain:

the date of preparation of the notification1
;
the full name of the applicant (as understood by the Civil Code of Ukraine)1
;
identification code, LEI code (if available) of the applicant1
;
surname, first name, patronymic (if available) of the person regarding whom a decision
has been taken;
series (if available) and passport number (other document confirming identity and
according to the legislation of Ukraine)2, registration number of the taxpayer's account card and/or tax identification number for non-residents (if available)3, unique record number in the Unified State Demographic Register (if available);
the name of the position held by the person;
the name of the duties / functions, performance of which has been terminated;
the date of dismissal / termination of temporary performance of duties, right
of first signature, performance of duties / function by the person;
the name of the document on dismissal or termination of performance of duties / functions, its
date and number;
the name of another document related to the dismissal procedure / termination of
temporary performance of duties, right of first signature, performance of duties / function by the person (protocol of the general meeting or decision of another authorized body, court decision on termination of employment relations (which has entered into legal force), etc.) (if available), its date and number;

Continuation of Appendix 4
11. the date and number of the NSCC decision on agreeing on the person (if available).
Notes:
1 – formed automatically by the subsystem of the electronic cabinet of the user of the comprehensive information and communication system of the National Securities and Stock Market Commission of Ukraine.
2 – for natural persons who, due to their religious beliefs, refuse to accept a tax registration number, officially notified the relevant supervisory authority about this and have a mark in their passport, and for natural persons who are foreigners who are not taxpayers in Ukraine.
3 – except for natural persons who, due to their religious beliefs, refuse to accept a tax registration number, officially notified the relevant supervisory authority about this and have a mark in their passport.

On Approval of the Procedure for Coordinating Persons Appointed in Professional Participants of Capital and Organized Commodity Markets (Except Banks) to Positions of Heads and Persons Responsible for Compliance, Risk Management, Internal Audit, and Financial Monitoring

Lineage: In force