Notice to the principals of the CFF, which were managed by LLC «FC «NERUKHOMIST-Invest»

NSSMC (National Securities and Stock Market Commission) draws the attention of the principals, namely:
– CFF No. 1007180001; location of the construction object: 52, Shcherbakovskoho St., Kyiv (developer – SE «BU-2» OJSC «Odestransbud», code: 22483602);
– CFF No. 1007180002; location of the construction object: 40 Mykhailo Velychko St., Bilohorodka village, Kyiv region (developer – LLC «RESIDENCE», EDRPOU code 42002267);
– CFF under the program of LLC «Energia» of type «A», a building located at the address: 39, Radonova-Lep Lane, Shumsky Lane, Zhytomyr.
For failure to submit information to NSSMC, LLC «FC «NERUKHOMIST -Invest» (EDRPOU code 40252414) was sanctioned in the form of revocation of the license for professional activity in the capital markets – property management activities for financing construction projects and/or real estate transactions (issued in accordance with the Order of the National Commission for Regulation of Financial Services Markets dated 01. 03.2016 No. 475 (Resolution on Imposing Sanctions for Offenses in the Capital Markets and Organized Commodity Markets No. 235-DUM dated 21.11.2023).
In accordance with the requirements of the law, the Financial and Investment Management Association (hereinafter – FIMA) took measures to select among the FIMA member managers a manager who will continue to manage the CFF managed by LLC «FC «NERUKHOMIST -Invest» and whose license was revoked. There are no proposals for candidates for managers who will act as a new manager for the above-mentioned CFF.
In this regard, taking into account the requirements of the law, NSSMC sent letters to the managers who have a valid license and meet certain requirements of the relevant legislation with a proposal to provide consent/refusal to perform the functions of a new manager. NSSMC received responses from all managers who had been sent the relevant proposals with a notice of refusal to perform the functions of the new manager of the CFF, which were managed by LLC «FC «NERUKHOMIST -Invest».
In view of this situation and in accordance with the requirements of the law, NSSMC considered the issue of initiating the procedure for transferring the CFF managed by LLC «FC «NERUKHOMIST -Invest» to another financial institution by court Resolution.
Given the lack of consent of any of the managers to whom NSSMC’s proposal to act as a new manager was sent, NSSMC has no grounds and authority to initiate the procedure for transferring the CFF managed by LLC «FC «NERUKHOMIST -Invest» to another financial institution by court order.
It should be noted that Article 23 of the Law of Ukraine on Financial and Credit Mechanisms and Property Management in Housing Construction and Real Estate Transactions provides for the right of the principals of the CFF to apply to the court for the purpose of transferring the CFF to the management of another financial institution that meets the requirements of this Law.

Information on the managers who have a valid license to conduct professional activities in the capital markets – property management activities for financing construction projects and/or real estate transactions – is available on NSSMC`s website at the link.