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06.01.2022

The NSSMC (National Securities and Stock Market Commission) approved the Draft Procedure on Approving the Intention to Acquire or Increase a Person’s Significant Participation in a Professional Participation in Capital Markets and Organized Commodity Markets.

“It is important for us that the activities of licensees in the capital markets and organized commodity markets are transparent and effective. The NSSMC is constantly working to improve the procedures and mechanisms of professional participants’ activity, and this is another step towards their open and standardized work,” Yurii Boiko, the Commissioner of the NSSMC, explains .

Therefore, the Regulator establishes the Procedure and conditions in the document for obtaining the approval from the Regulator’s the intention to acquire by a person alone or jointly with other persons significant participation in a professional participant of capital markets and organized commodity markets (except banks). There is also a mechanism for increasing participation in such a way that the specified person will directly or indirectly own 10, 25, 50, 75 or more percent of the authorized capital of a professional participant or the right to vote on the shares in the authorized capital in the specified amount. Or this person intends, regardless of formal ownership, to acquire the right to exercise a significant influence on the management or activities of a professional participant.

In particular, the Draft determines:

– the procedure for submission and the list of documents to be submitted to the NSSMC in order to obtain the approval of the intention to acquire or increase a substantial participation in a professional participant;

– the conditions that the applicant must meet upon receipt of the NSSMC approval;

– the procedure for review of the documents;

– the requirements to the information to be provided by the owners of a significant participation in a professional participant.

The NSSMC has developed a Procedure to bring it in line with the requirements of the Law of Ukraine on State Regulation of Capital Markets and Organized Commodity Markets and the Law of Ukraine on Simplification of Investment Attraction and Introduction of New Financial Instruments.

The Draft has already been published on the official website of the NSSMC. The Regulator invites representatives of self-regulatory organizations and market participants to discuss and work together on the document.

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