The NSSMC approved the draft regulations on licensing of commodity exchanges

As part of the implementation of the Law of Ukraine №738-IX on Simplification of Investment Attraction and Introduction of New Financial Instruments, on December 17, 2020 the NSSMC approved the draft Licensing Conditions for Professional Activity in Organized Commodity Markets –  activity for the organization of trade in products on commodity exchanges and the draft Procedure for Issuance, Suspension and Revocation of a License for Professional Activities in Organized Commodity Markets – activity for the organization of trade in products on commodity exchanges.

The legislation stipulates that starting from July 1, 2021 commodity exchanges have to conduct their activities only on the base of license for professional activity in organized commodity markets – activity to organize trade in products on commodity exchanges. It is also established that the words “commodity exchange” and their derivatives should be used in the name only of legal entities cundusting professional activity in organized commodity markets.

The new Licensing Conditions developed by the NSSMC will significantly increase the level and quality of commodity exchanges activity in the financial market. This will promote creation of platforms which transparently form prices for goods produced and consumed in Ukraine.

The draft documents set out:

• the requirements obligatory for obtaining a license, the list of documents submitted by the applicant for the license,
• the features of combining such activity with certain professional activities in the capital markets,
• the list of information that the licensee shall submits to the NSSMC during the proceedings activities for the organization of trade in products, and
• the procedure for registration of the Rules of the commodity exchange.

In particular, the NSSMC has defined a list of requirements obligatory for a license and the licensee during the organization of trade, in relation to:

• ownership structures;
• owners of qualifying shareholding;
• business reputation;
• the amount of the initial, authorized and own capital, the procedure for its determination;
• hardware and software;
• internal documents;
• disclosure of information by the licensee
• premises, etc.

Proposals and comments to the draft Resolutions, which published on the official website of the NSSMC, can be sent by mail to the address: 01010, Kyiv-601, st.  Moskovska, 8, building 30, and e-mail: [email protected].