Notice to the principals of the CFF, which were managed by FC LLC «TOLOKA»

NSSMC (National Securities and Stock Market Commission) draws the attention of the principals, namely:
– СFF No. 1000320007; location of the construction object: 1, Kosmonavta Komarova Avenue, Kyiv (developer – RK TRAEKTORIYA LLC, EDRPOU code 33540479);
– CFF No. 1000320003 and No. 1000320004 (first and second stages); location of the construction object: Bilohorodka village, 40 years of Victory Street, 11 (developer – LLC «LAW FIRM «SAMOHVALOV AND PARTNERS», code 33886833);
– CFF No. 1000320001; location of the construction object: 2 Vityanska Street, Vyshneve (developer – Stone Head Development LLC, USREOU code 41250230).
For carrying out professional activities in the capital markets and organized commodity markets in violation of the licensing conditions, LLC «FC «TOLOKA» (code: 32955460) was sanctioned in the form of revocation of the license for carrying out professional activities 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 25.12.2012 No. 2890 (Resolution on Imposing a Sanction).
In accordance with the requirements of the law, the Financial and Investment Management Association (FIMA) took measures to select among the FIMA member managers the manager who will continue to manage the CFF managed by LLC «FC «TOLOKA», whose license was revoked. There are no proposals for the candidates of managers who will perform the functions of 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 relevant proposals notifying them of the refusal to perform the functions of the new manager of the CFF, which was managed by LLC «FC «TOLOKA».
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 «TOLOKA» to another financial institution by court Resolution.
Given the absence of consent from any of the managers to whom NSSMC’s proposal to act as a new manager was sent, NSSMC has no grounds or authority to initiate the procedure for transferring the CFF managed by LLC «FC «TOLOKA» 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 Operations, provides for the right of the CFF’s principals to apply to the court to transfer 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.