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Analysis of the Decision of the National Commission on Securities and Stock Market dated September 3, 2024, No. 09/21/1089/K03

Amendments to Regulatory Legal Acts Regarding Reporting by Participants of the Depository System

This decision aims to align regulatory legal acts with the requirements of current legislation of Ukraine, specifically the Law “On State Regulation of Capital Markets and Organized Commodity Markets” and the Law “On the Depository System of Ukraine.” The main focus of the amendments is on adjusting the reporting procedures to the National Commission on Securities and Stock Market.

1. Amendments to the Regulation on Reporting Procedures by the Central Securities Depository

Several amendments are to be made to the tables in the annexes of this regulation:

• Replace the digits “652” with “95” in line 22 of Annex 1 and line 14 of Annex 7.
• In lines 8 and 11 of Annex 10, change “(owner) 10” to “(owner) 5”.

2. Amendments to the Regulation on Reporting Procedures by Depository Institutions

The changes include additions and adjustments to terminology and reporting formats:

• In Section I, add the definition of the term “controlled person” in accordance with decision No. 1707 dated October 13, 2015.
• Replace the phrase “by a separate order of the Chairman of the Commission” with “by a separate document of the Commission of a regulatory and technical nature” in paragraph 12.
• In Section II, change the numerical designations from “65 – 2” to “95”, as well as the term “securities” to “financial instruments” in the relevant paragraphs.
• Make corrections to the annexes, specifically changing names and numerical designations, adapting terms such as replacing “insurance companies” with “insurers” and “securities traders” with “investment firms” in the relevant tables of Annexes 4, 6, 7, 8, 9, 10, 11, 16, 20, and 21.

3. Administrative Aspects

• The Department of Methodology for Regulating Professional Participants in the Securities Market must submit this decision for state registration to the Ministry of Justice of Ukraine.
• The Administration of Administrative Activities is obliged to publish the decision on the official website of the National Commission on Securities and Stock Market.

4. Entry into Force

The decision comes into effect on October 1, 2024, but not earlier than the day of its official publication.

5. Supervision of the Decision’s Implementation

The supervision of the implementation of this decision is entrusted to the Commission member — Baramiya I.

Conclusion

This decision is aimed at improving and clarifying the reporting procedures of participants in the depository system to the National Commission on Securities and Stock Market. The amendments made ensure a more accurate compliance with the requirements of current legislation and contribute to a more effective organization of the securities market in Ukraine.

Chairman of the Commission
R. Magomedov

Minutes of the Commission Meeting dated September 3, 2024, No. 159

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