DEPOSITARY ACTIVITY – activities of professional participants of the depository system of Ukraine and the National Bank of Ukraine regarding the provision of securities storage and accounting services, accounting and servicing of the acquisition, termination and transfer of rights to securities and securities rights and restrictions on securities rights in securities accounts securities of depository institutions, issuers, correspondent depositories, persons conducting clearing activities, Settlement Center for servicing agreements on financial markets, depositors, and such other services, which according to the law “On the depository system of Ukraine” have the right to professional participants of the depository system of Ukraine.

In Ukraine, the following types of depositary activity can be carried out:

  • depositary activity of the Central Depository;
  • depository activity of the National Bank of Ukraine;
  • depositary activity of the depositary institution;
  • asset management activities of joint investment institutions;
  • asset management activity of pension funds.

Depository activities of a depositary institution may be combined with activities for the storage of assets of collective investment institutions and the storage of assets of pension funds. It can also be combined with securities trading and / or banking activities.

Depositary activities of the Central Depository may be combined with clearing activities in cases established by the Commission.

Depositary activity of the National Bank of Ukraine can be combined with clearing activity.

A license to conduct professional activity in the stock market – depositary activity, namely depositary activity of the depositary institution, may be obtained from banks, securities traders and other legal entities formed in the organizational form of a joint-stock company or limited liability company whose constituent documents provide for implementation depositary activity of the depositary institution.

A depository institution (other than a bank) for the professional activity in the stock market should own or use non-residential premises that is completely separated from the premises of other legal entities at the locations indicated in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Associations . The total area of ​​this room should be not less than 20 square meters. m

The authorized capital of the applicant (except the bank) at the date of filing an application for a license must be paid in cash not less than 7 million hryvnias.

The minimum size of the authorized capital and financial condition of the bank for obtaining a license for conducting professional activity in the stock market – depositary activity, namely, depositary activity of the depositary institution, must comply with the requirements established by the National Bank of Ukraine.

In the authorized capital of a depositary institution, the share of another depositary institution, securities trader or institutional investor should not exceed 5 percent.

Managing officials of the depositary institution (including the bank), its separate subdivisions, which are authorized to conduct depositary activity of the depositary institution, are specified by the regulatory act of the Commission on the certification of specialists in the stock market, as well as specialists of the depositary institution, its separate and / or specialized structural units that directly carry out depositary activities of the depositary institution, must be certified in accordance with such normative legal act Com specialization “Depositary activity”.

For the applicant (except for the bank), when obtaining a license for the depository activity of a depositary institution, the qualification requirements are as follows: at least three certified specialists (including senior management) and two certified specialists (including a senior official) – for a separate subdivision, who conducts this kind of activity.

Upon obtaining licenses for the depository activity of a depositary institution and for the activity of storing assets of collective investment institutions, the qualification requirements are as follows: at least four certified specialists (including senior executives) and two certified specialists (including a senior official) – for a separate unit that carries out this activity.

For measuring and assessing the risks of depository activities of a depositary institution that conducts exclusively depositary activities on the stock market, the following indicators are used:

SIZE OF OWN FUNDS. The minimum amount of own funds of the depositary institution must be not less than the minimum size of the authorized capital established by the legislation for professional activity in the stock market – depositary activity of the depositary institution.

NORMAL ACCESSIBILITY OF OWN FUNDS. Normative value of the standard is not less than 1.

COVERAGE OF OPERATING RISK COVERAGE. It is calculated as the ratio of the size of the institution’s own funds to its operational risk, which is 15% of the size of the average annual net income of the institution for the 3 previous financial years in which a positive net income was received. Normative value of the coefficient – not less than 1.

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