Managing mortgage pool – НКЦПФР|НАЦІОНАЛЬНА КОМІСІЯ З ЦІННИХ ПАПЕРІВ ТА ФОНДОВОГО РИНКУ

MORTGAGE COVERAGE MANAGEMENT ACTIVITIES – the activity carried out by the mortgagee on its behalf for remuneration within a specified period of time on the basis of the mortgage management agreement and provides representation of the interests of the owners of mortgage bonds, monitoring compliance with the conditions for the replacement of mortgage assets or the inclusion of new mortgage assets to mortgage coverage, monitoring the timeliness and completeness of the issuer’s payment of ordinary mortgage bonds pit, ensure that mortgage cover legal requirements, other functions prescribed by law.

The Trustee has the right at any time during the period of circulation of ordinary mortgage bonds, at its own discretion, to conduct a check of the register of mortgage coverage. The purpose of such verification is to familiarize with changes that have occurred in the mortgage register, in order to comply with the issuer conditions for the formation of mortgage coverage in accordance with the “Law on mortgage bonds” and the Regulations on mortgage coverage of ordinary mortgage bonds. As a result of such a check of the register of mortgage coverage, a written report is drawn up in an arbitrary form.

The manager has no right in his own interest to use and dispose of the mortgage, as well as to make any mortgage-related transactions outside the powers established by the Law “On Mortgage Bonds” and the agreement on mortgage coverage.

An agreement on mortgage management is concluded for the term up to the termination of mortgage mortgage and can not be less than the term of circulation of mortgage bonds.

The mortgage lender may be a financial institution that has received a license to conduct professional activity in the securities market – mortgage lending management.

The licensee (except for the bank) for the management of mortgage coverage must own or use non-residential premises, which 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 organizations.

Execution of functions related to the maintenance of the register of mortgage coverage and ensuring the maintenance of the register of owners of structured mortgage bonds should be carried out in the operating room.

The premises in which the licensee carries out the management of mortgage coverage should have a degree of protection that allows the confidentiality of information about all issues of mortgage bonds and their mortgage coverage that the manager receives in the performance of his functions.

The operating room, which has installed computer equipment and contains an archive where the data of the registries of the mortgage coverage of structured mortgage bonds and holders of structured mortgage bonds, both in paper form and in the form of records in electronic databases, should be securely protected from unauthorized access by unauthorized persons, equipped with a security and fire alarm system. Access to computer equipment containing information in the registry and the archive is only permitted by authorized personnel determined by the relevant order in accordance with the approved job descriptions of such employees and in accordance with the internal rules of the system of these registries.

A licensee who, in accordance with the law, has the right to combine mortgage-related activities with other activities in the financial services market (including those in the securities market), must organize this activity within a separate structural subdivision, acting on the basis of the relevant provision for this division and performs functions exclusively for mortgage management.

The head of the licensee (other than the bank), which carries out the management of mortgage coverage, must have experience in managing positions in a financial institution for at least three years.

The head of the licensee, its separate or specialized structural subdivisions during the performance of mortgage management activities can not simultaneously hold positions in other professional stock market participants.

Certified specialists of the licensee (including senior executives), its separate subdivisions and / or specialized structural subdivisions during the conduct of mortgage management activities must comply with the qualification requirements established upon obtaining a license.

The licensee must, not later than April 30, the reporting year, publish the annual financial statements and the annual consolidated financial statements certified by the applicant (except for the bank and the companies in which the reporting period (year) has not come from the date of creation), together with an audit report on his or her webpage or website (in full) with publication (if provided by law) in a periodical or non-periodical publication.

The auditor’s report, which is made public by the licensee, must meet the requirements of the auditor’s report, which is submitted to the National Commission on Securities and Stock Market when obtaining a license for professional activity in the securities market.

For an audit, the licensee engages an audit firm that is included in the register of audit firms that can carry out audits of professional securities market participants conducted by the Commission.

The information should be made public in the form of open access PDF files 24 hours per day on its own website or website for each reporting period and be on such a web page or website within five years from the date of its promulgation.

Within five working days after the publication of the annual financial statements and the annual consolidated financial statements, together with the audit report, the licensee shall inform the Commission in writing in writing about this by indicating the webpage or website, periodical or non-periodical publication (if such publication exists), where the information was disclosed.

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