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Professional activity in organized commodity markets is the activity of joint stock companies, limited liability companies, or additional liability companies providing services related to organizing trade in products and/or organizing the entering into derivative contracts on commodity exchanges.

Professional activities related to the organization of trading in organized markets are carried out by a business entity subject to obtaining a license to conduct the relevant type of activity within the scope of professional activities related to the organization of trading, as provided for by the Law of Ukraine “On Capital Markets and Organized Commodity Markets” and/or the Law of Ukraine “On Commodity Exchanges.”

 The following activities can be carried out in organized commodity markets:

  1. activities related to organizing trade in products on commodity exchanges;
  2. professional activities related to organizing the execution of derivative contracts on commodity exchanges.

A commodity exchange, in addition to a license to conduct activities related to the organization of trade in products on a commodity exchange and a license to conduct activities related to the organization of the entering into derivative contracts on commodity exchanges, has the right, in accordance with the procedure established by the Law of Ukraine “On Capital Markets and Organized Commodity Markets,” to obtain a license (licenses) to conduct the following types of activities in capital markets:

  1. clearing activities to determine obligations;
  2. activities to organize the execution of derivative contracts in a regulated derivative contract market;
  3. activities to organize the execution of derivative contracts on an MTF for derivative contracts;
  4. activities to organize the execution of derivative financial instruments on an OTF for derivative contracts.

Requirements for the initial capital of applicants and licensees – it must be no less than UAH 20 million.

In order to carry out professional activities in organized commodity markets, the applicant/licensee must own and/or subscribe to one (or several) electronic trading systems and software and hardware complexes that ensure the proper functioning and protection of the electronic trading system on a permanent basis.

A licensee, for conducting professional activities in organized commodity markets, must develop, register with the NSSMC, and keep up to date transparent and non-discretionary rules of the commodity exchange, based on objective criteria that meet the requirements of the legislation governing the conduct of the relevant type of professional activity in organized commodity markets.

An applicant/licensee for professional activities in organized commodity markets (including, in the case of a combination of several types of activities in organized commodity markets and/or a combination of professional activities in organized commodity markets with other types of activities) must own or rent one or more non-residential premises with a total area of no less than 100 sq. m., which is (are) completely separated from the premises of other legal entities.

A complete list of requirements for applicants/licensees is contained in the relevant regulatory documents:

Resolution of the National Securities and Stock Market Commission dated 13 May 2021 No. 275 “On Approval of the Procedure for Issuing, Suspending, and Terminating Licenses for Professional Activities in Organized Commodity Markets” registered with the Ministry of Justice of Ukraine on 25 May 2021 under No. 693/36315;

Resolution of the National Securities and Stock Market Commission dated 13 May 2021 No. 276 “On Approval of Licensing Conditions for Professional Activities in Organized Commodity Markets,” registered with the Ministry of Justice of Ukraine on 25 May 2021 under No. 692/36314.

The asset liquidity ratio is used to measure and assess the risks of professional activities in capital markets and organized commodity markets.

The normative value of the asset liquidity ratio provided for in paragraph 2 of the Resolution No. 1221 dated 29 September 2022 “On Prudential Standards for Professional Activities in Capital Markets and Organized Commodity Markets” is as follows:

from 01 January 2023 – no less than 0.1;

from 01 March 2023 – no less than 0.3;

since 01 October 2023 – no less than 0.5.

A significant deviation from the calculated value of the asset liquidity ratio means a deviation of 5 percent or more from its normative value.

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