National Depository accused Depository Interregional Stock Union (MFS) in the use of questionable in terms of legislation mechanisms for the transfer of complete property complex (CEC) to let the All-Ukrainian Securities Depository.
As a result of the transfer actually occurred CEC MFS transfer VDTSB insider information that contradicts Part 1 of Art. 45 of the Law On securities and stock market, and the transfer of information on the integration of securities without the written permission of the owners of this information, clients MFS contradicts Part 1 of Art. 42 law - said in NDU .- newly formed structure has no legal basis to provide services to clients MFS.
The operations VDTSB without renegotiation of contracts is contrary to law and jeopardizes the recognition of these illegitimate operations, confident Natsdepozitarii. Under Part 1 of Art. 7 of the Law On National Depository System, servicing securities turnover carried out on the basis of contracts between the issuer and the depositary, and between the custodian and the depositary.
Thus, the guardian has no right to deal in securities through the depository, with whom he has no contractual relationship at the time of the transaction - sure Head of Legal Department NDU Oxana Panchenko. In her opinion, the conclusion of the lease agreement between the CEC and MFS VDTSB does not mean that customers MFS (custodians and issuers) have VDTSB customers, and therefore the transaction can not be made until the renegotiation of contracts. VDTSB asked customers MFS end of October to conclude a contract with him.
In
VDTSB argues that the prosecution Natsdepozitariya. If there is a successor, it is not a disclosure of information - and noted. about. Chairman of the Board VDTSB Yuri Shapoval, referring to the Civil Code and Art. 15 of the Law On Lease of State and Municipal Property. According to him, VDTSB has all the permits, which allow to perform the functions of Depositary Clearing, Depository and therefore has the right to serve customers on the old MFS contracts at the time of their renewal.
According to lawyers, a stronger position in VDTSB. Partner of law firm Astapov Lawers Oleg Malsky believes that treaties can be invalidated only if it is proved that the depository, receiving insider information, used it for commercial purposes or in the business of distribution. Despite the fact that treaties should be concluded before the end of the month, we are confident that the recognition of invalid transactions will not occur, - the lawyer said the company Capital Stock Alexander Rozov. But this does not mean close-conflict depository, I'm sure the ex-chief of staff Michael SSMSC wrong: In our legal state court may consider any action unlawful.
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National Depository accused Depository Interregional Stock Union (MFS) in the use of questionable in terms of legislation mechanisms for the transfer of complete property complex (CEC) to let the All-Ukrainian Securities Depository.
As a result of the transfer actually occurred CEC MFS transfer VDTSB insider information that contradicts Part 1 of Art. 45 of the Law On securities and stock market, and the transfer of information on the integration of securities without the written permission of the owners of this information, clients MFS contradicts Part 1 of Art. 42 law - said in NDU .- newly formed structure has no legal basis to provide services to clients MFS.
The operations VDTSB without renegotiation of contracts is contrary to law and jeopardizes the recognition of these illegitimate operations, confident Natsdepozitarii. Under Part 1 of Art. 7 of the Law On National Depository System, servicing securities turnover carried out on the basis of contracts between the issuer and the depositary, and between the custodian and the depositary.
Thus, the guardian has no right to deal in securities through the depository, with whom he has no contractual relationship at the time of the transaction - sure Head of Legal Department NDU Oxana Panchenko. In her opinion, the conclusion of the lease agreement between the CEC and MFS VDTSB does not mean that customers MFS (custodians and issuers) have VDTSB customers, and therefore the transaction can not be made until the renegotiation of contracts. VDTSB asked customers MFS end of October to conclude a contract with him.
In
VDTSB argues that the prosecution Natsdepozitariya. If there is a successor, it is not a disclosure of information - and noted. about. Chairman of the Board VDTSB Yuri Shapoval, referring to the Civil Code and Art. 15 of the Law On Lease of State and Municipal Property. According to him, VDTSB has all the permits, which allow to perform the functions of Depositary Clearing, Depository and therefore has the right to serve customers on the old MFS contracts at the time of their renewal.
According to lawyers, a stronger position in VDTSB. Partner of law firm Astapov Lawers Oleg Malsky believes that treaties can be invalidated only if it is proved that the depository, receiving insider information, used it for commercial purposes or in the business of distribution. Despite the fact that treaties should be concluded before the end of the month, we are confident that the recognition of invalid transactions will not occur, - the lawyer said the company Capital Stock Alexander Rozov. But this does not mean close-conflict depository, I'm sure the ex-chief of staff Michael SSMSC wrong: In our legal state court may consider any action unlawful.
Nicholas Maksymchuk
Current price levels are quite high for purchases, and Russia's market is waiting for a pretext to adjust
VolgaTelecom will the development of telecommunications in the territory of Mordovia
Latin America: Brazil's economy could lead the growth of the region
Exchange rate of dollars saved without changes - the morning review of cash markets
Kommersant: Ministry of Agrarian Policy tightens the importation of GMOs
GM announced it has reached agreement to sell Opel
Naftogaz has shown a record low
Enter custom
STAU taken artful attempt to introduce the use of conventional prices. The effectiveness of tricks will be determined in the courts of …
Ruble to the dollar and the currency basket of the MICEX ruble 29,32 and 35,87 respectively