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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 2, 2019 No. 6

About approval of the Regulations on procedure for provision by banks to the National Bank of Ukraine of information concerning agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans

According to Articles 7, 7-1, 15, of 25, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About banks and banking activity", to the Law of Ukraine "About currency and currency transactions" and for the purpose of ensuring stability of monetary unit of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for provision by banks to the National Bank of Ukraine of information concerning agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans (further - Regulations on provision of information).

3. Since February 7, 2019 servicing of transactions of residents by banks under agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans (loans) attracted by residents (further - agreements) is performed taking into account the following:

1) registration of agreements which was performed by the National Bank of Ukraine (the registration certificates granted by the National Bank of Ukraine to resident borrowers) during the period till February 7, 2019 becomes invalid (yut);

2) banks shall provide information concerning agreements electronically in the automated information system of the National Bank of Ukraine "Credit agreements with nonresidents" (further - the Information system) according to the procedure established by Regulations on provision of information from 10 hours on February 07, 2019 and taking into account subitems 4 and 5 of Item 3 of this resolution;

4) the bank (in case of need) brings changes/amendments in information on agreements which was in the automated mode according to the subitem 3 of Item 3 of this resolution is transferred to accounting records of the Information system, in general procedure according to Regulations on provision of information;

5) the bank if in the Information system there is no accounting record which corresponds to the agreement which registration was confirmed with the registration certificate (with appendices in case of their availability) in paper form which was issued by the National Bank of Ukraine to the resident borrower and as of February 6, 2019 remained acting, enters information concerning such agreement (with reference to number and date of such registration certificate) in the Information system no later than day of carrying out currency transaction under this agreement through this bank.

4. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.

5. The resolution becomes effective from the date of, its official publication following behind day, except Items 1 and 3 of this resolution which become effective along with enforcement of the Law of Ukraine "About currency and currency transactions".

Chairman

Ya. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 6

Regulations on procedure for provision by banks to the National Bank of Ukraine of information concerning agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", parts one of Article 10 and article 11 of the Law of Ukraine "About currency and currency transactions" and to regulatory legal acts of the National Bank of Ukraine (further - National Bank) and are determined by procedure for provision by banks to National Bank of information concerning agreements which provide accomplishment by residents, not being banks, debt obligations before nonresident creditors on the loans attracted by residents, loans (further - the notification on the agreement).

2. The terms used in this Provision have the following values:

1) the automated information system of "Credit Agreements with Nonresidents" National Bank (further - the Information system) is complex of organizational technical means of National Bank which provides forming of centralized information base about agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans (including returnable financial aid);

2) the agreement - the agreement providing accomplishment by the resident, not being bank, debt obligations before the nonresident creditor on the credit (to loan, including returnable financial aid) which is attracted with this resident or (if there was legal succession/transfer of debt) other resident (including borrowing bank);

3) the credit, loan (further - the credit) - the currency values provided / received on credit (loan, including returnable financial aid) according to the credit agreement (loan agreement);

4) the new debtor - the new debtor in agreement obligation owing to the legal succession/translation of debt of the resident borrower;

5) the account for cash payment (payments) under the agreement - the account of resident which is not bank (the borrower under the agreement / the new debtor) which is used for cash calculations (payments) for transactions for the agreement [transfer of the currency values into the account of the resident borrower arriving as the credit from the nonresident; money transfer from the account of the resident borrower (the new debtor) for implementation of payments on account of accomplishment of the debt obligations of the resident borrower before the nonresident creditor provided by the agreement].

Other terms used in this Provision are applied in the values determined by the legislation of Ukraine, regulatory legal acts of National Bank.

3. Action of this Provision does not extend to the agreement if:

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