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Enclosure 18 (E18) – Registration and Transactions with Compensatory Instruments  
     
 

1. In cases of registration and transactions with compensatory instruments, the provisions are applied of the Transactions with Compensatory Instruments Acts, the Public Offering of Securities Act, the Ordinance on the Central Depository’s Activity Related to the Registration of the Issuance, Transactions and Executing Payments with Compensatory Instruments, the Ordinance on the Terms and Working Procedures of the Central Registry of Compensatory Instruments.

2. For the activity under item 1, with regard to the compensatory instruments, the provisions of the Rules and Regulations of Central Depository AD and the Enclosures thereto shall be applied, unless explicitly provided otherwise.

3. The investment intermediaries who are CD members shall open clients accounts to physical entities who are owners of compensatory instruments on the following conditions:

3.1. An original deed /certificate/ of ownership is presented. The document shall be received by a representative of the member who has signed the order.

3.2. The provisions and procedures are completed of the Rules and Regulations on Account Opening, including the legitimating provisions.

3.3. The presence of compensatory instruments under CD account is checked via message МТ 522.

3.4. The Order for the Transfer of Compensatory Instruments form is filed, whereas in the field “from my own account No…” and the field “enclosed is depository receipt No…”, the unique number of the deed /certificate/ of ownership is filled in.

3.5. In cases when authorization is given by a physical entity, an original Power of Attorney is explicitly required, which has been certified by a notary and should be presented to an investment intermediary who is a CD member.

4. The investment intermediaries who are Depository members should, when opening clients accounts of legal entities, require the documents under item 3, whereas in the Order for Transfer, in the:

4.1. “Undersigned”, first field, the name of the legal entity which gives the order is filled in;

4.2. “Personal ID”, in the place of “ID card number”, the BULSTAT number is filled in;

4.3. “Represented by”, third field, the full names of the person(s) representing the legal entity are filled in the first row and their personal ID numbers in the second row, in accordance with the up-to-date certificate of recordation in the commercial registry. A copy of the actual legal status certificate should be presented to the investment intermediary who is a CD member: this certificate has to be signed and stamped by the company’s representative, and should bear a date exceeding the date on which the Order for Transfer was signed by three months at latest. 4.4. The field “Power of Attorney No…” remains empty.

4.5. The field “Issue No…”: the issue code assigned by Central Depository AD is filled in.

4.6. The field “from my own account No…”: the number of the deed /certificate/ of ownership is filled in.

4.7. The field “enclosed is depository receipt No…”: the number of the deed /certificate/ of ownership is filled in again.

4.8. The Orders of Transfer on the part of legal entities shall be personally signed by the individual(s) representing the company.

5. In case transaction is executed with compensatory instruments that are registered to heirs and written under a common account, the following documents shall be submitted to the CD member investment intermediary:

5.1. Certificate of Heirs;

5.2. Deed /Certificate/ of ownership on the compensatory instruments;

5.3. Order for the Transfer of Compensatory Instruments, whereas in the first field, first row, after the “Undersigned”, “Heirs to” is filled in, and in the second row, the full names of the common Forbearer are filled in. In case there are several heirs, their names shall be written on the reverse side of the form, whereas the following are written: full names, personal ID, ID card number, signature, date.

5.4. In case of authorization, a notary-certified Power of Attorney is explicitly required for the execution of the transaction. The authorized heir/heirs shall sign the Order for Transfer form.

6. In case payment is executed with compensatory instruments, when the payer under the transaction is an owner of compensatory instruments and the payee is a competent governmental body, the following documents are required:

6.1. Order for Payment with Compensatory Instruments by their owner /in accordance with Sample 01/E17 or Sample 02/E17 - Order for Payment with Compensatory Instruments/;

6.2. Notification from the competent governmental body to the Central Depository /in accordance with Sample 03/E17/;

6.3. Deed /Certificate/ of ownership on the compensatory instruments; 6.4. Payment Order for the fee paid under item Х of the Central Depository’s Tariff for servicing of payments with compensatory instruments – paid by the owner of the compensatory instruments /Sample 4/.

7. The intermediary shall check the documents required for this procedure and shall store them at his/her office.