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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 31, 2017 No. 84

About approval of Changes in Regulations on application of corrective actions by the National Bank of Ukraine

According to Articles 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 66, of 67, of 73, 74 Laws of Ukraine "About banks and banking activity", for the purpose of enhancement of application by the National Bank of Ukraine of corrective actions and coordination of separate requirements of regulations on application of corrective actions by the National Bank of Ukraine with requirements of regulatory legal acts of the National Bank of Ukraine concerning determination of credit risk the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Regulations on application of corrective actions by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 17, 2012 No. 346, registered in the Ministry of Justice of Ukraine on September 17, 2012 at No. 1590/21902 (with changes) which are applied.

2. To department of methodology (Ivanenko N. V.) after official publication to bring contents of this resolution to the attention of banks of Ukraine.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

4. The resolution becomes effective from the date of, its official publication following behind day.

Acting as chairman

Ya. V. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of August 31, 2017 No. 84

Changes in Regulations on application of corrective actions by the National Bank of Ukraine

1. The tenth and eleventh Item 5.1 of Chapter 5 of the Section I to state paragraphs in the following edition:

"Provision to bank National Bank of the credit for liquidity support (except for the loan granted on standard instruments of regulation of liquidity of bank system);

availability at bank of the credit for liquidity support obtained from National Bank (except for the loan granted on standard instruments of regulation of liquidity of bank system which repayment period did not come)".

2. In the Section II:

1) in Item 1.3 of Chapter 1:

in paragraph one of the word "or shortcomings" to replace with the word", shortcomings";

add Item with the new subitem of the following content:

"і) elimination of violations of requirements of regulatory legal acts of National Bank concerning the organization of risk management of information security.";

2) in Chapter 2:

to exclude the paragraph of the second of Item 2.2;

in paragraph three of Item 2.5 of the word"," to exclude schedules of reduction of negatively classified assets;

Item 5.1 of Chapter 5 to state 3) in the following edition:

"5.1. The National Bank has the right to establish the raised economic standard rates by increase in requirements of rather minimum values of standard rates of the capital and/or standard rates of credit risk for the bank performing risk activities and also if the cumulative extent of credit risk determined by bank on active banking activities for 15 and more percent is less, than the cumulative extent of credit risk on active banking activities determined according to regulatory legal acts of National Bank concerning determination of the extent of credit risk.";

4) in Chapter 7:

the paragraph one of Item 7.5 to state in the following edition:

"7.5. National Bank in case of violation by bank more than two times within a month the standard rate of instant liquidity (The N 4) has the right to make the decision on restriction of transactions in the form of establishment of requirements to:";

in the paragraph the second Item 7.7 of figure "3.4" to replace with figures "3.7";

Item in paragraph one 7.15 figures and the words "7.13 - 7.15 these Chapters" to replace with figures and the words "7.12 - 7.14 Chapters 7 of the Section II of this Provision";

in the paragraph the second Item 7.18 figures and the words "7.18 these Chapters" to replace with figures and the words "7.17 Chapters 7 of the Section II of this Provision";

Item in paragraph one 7.19 figures and the words "7.18 these Chapters" to replace with figures and the words "7.17 Chapters 7 of the Section II of this Provision";

The paragraph of the second of Item 8.1 of Chapter 8 to exclude 5);

6) in Chapter 9:

in paragraph four of Item 9.7 of the word "it is not confirmed or" to exclude;

the paragraph one of Item 9.8 after words "National Bank" to add with the words "namely:";

in Item 9.20:

paragraphs the first, eighth and ninth to state in the following edition:

"9.20. The penalty for violation of requirements of the legislation by banks concerning financial monitoring is imposed on bank in the amount of no more than 400 000 hryvnias for each type of violation, namely for:";

"The penalty in the amount of no more than 17 000 hryvnias is imposed by National Bank for non-presentation / untimely submission / representation of the doubtful statistical reporting under questions of financial monitoring.

The penalty in the amount of no more than 50 000 hryvnias is imposed by National Bank for violation of other requirements determined by the legislation concerning financial monitoring and not specified in subitems 1 - the 6th Item 9.20 of Chapter 9 of the Section II of this Provision.";

to add Item after the paragraph of the ninth with the new paragraph the tenth the following content:

"The penalty in the amount up to 8000000 hryvnias inclusive, but no more than one percent from the amount of the registered authorized capital of bank, is imposed by National Bank in case of identification of violations by bank on all / to the majority of the questions of its activities in the sphere of financial monitoring which are subject to exit check concerning financial monitoring and if the level of risk management of bank regarding implementation of sufficient measures for observance of requirements of the legislation concerning financial monitoring by results of exit check is estimated as insufficient (unsatisfactory).".

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