of February 28, 2017 No. 16
About some questions of use of standard instruments of regulation of liquidity of bank system by the National Bank of Ukraine
According to Articles 6, of 7, 7-1, 15, of 25, 42 and 56 Laws of Ukraine "About the National Bank of Ukraine", article 66 of the Law of Ukraine "About banks and banking activity", for the purpose of effective use of standard instruments of regulation of liquidity of bank system the Board of the National Bank of Ukraine decides:
1. Approve Changes in the Regulations on use of standard instruments of regulation of liquidity of bank system by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of September 17, 2015 No. 615 (with changes) (further - No. Provision 615) which are applied.
2. To banks of Ukraine within three months from the date of entry into force of this resolution:
To give 1) to the National Bank of Ukraine for review of powers of signers of the documents submitted to the National Bank of Ukraine according to requirements of the Provision No. 615, the list of documents namely: the copies of constituent and registration documents of banks, orders on fulfillment of duties and/or on assumption of office of persons authorized by banks on signing of agreements / additional agreements / requests on refinancing transactions, the copies of decisions of relevant organs of management of bank on position assignment of persons, representatives properly certified by bank to affect from executive body of bank, the copy of cards with specimen signatures and in case of need properly the copies of powers of attorney certified by bank persons authorized by banks on signing of agreements/requests on refinancing transactions which are properly certified by bank;
2) to provide entering of corresponding changes into the general credit agreements and general repurchase agreements signed with banks.
3. Taking into account the Presidential decree of Ukraine of December 18, 2016 No. 560/2016 "About the decision of the National Security and Defense Council of Ukraine of December 18, 2016 "About urgent measures for ensuring national security of Ukraine in the economic sphere and depositor protections" about acceptance with participation of the National Bank of Ukraine of exhaustive measures for non-admission of destabilization of financial system of the state and the resolution of the Cabinet of Ministers of Ukraine of December 18, 2016 No. 961 "Some questions of ensuring stability of financial system" (with changes) to resolve Public joint stock company Privatbank commercial bank (further - JSC CB PRIVATBANK) before debt restructuring on the credits of PJSC CB PRIVATBANK before the National Bank of Ukraine to participate in carrying out transactions on regulation of liquidity on standard instruments of regulation of liquidity of bank system in the presence of the fact of making of risk activities, which was fixed in 2016, and overdue debt on the credits of the National Bank of Ukraine (except overdue debt on the refinance credits obtained according to standard instruments of regulation of liquidity of bank system).
4. To department of the public markets (Ponomarenko S. V.) to bring contents of this resolution to the attention of banks of Ukraine for use in work.
5. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Chury A. E.
6. The resolution becomes effective from the next day after its official publication, except Item 1, which becomes effective since July 01, 2017.
V. A. Hontareva
Approved by the Resolution of Board of the National Bank of Ukraine of February 28, 2017 No. 16
1. In the Section I:
Item 2 of Chapter 1 after subitem 3 to add 1) with subitem 3-1 of the following content:
"3-1) electronic trading systems (ETS) - Reuters, Bloomberg, etc.";
2) in Chapter 2:
in Item 6 of the word "are not acknowledged such which carry out the risky activity menacing to interests of investors or other creditors of bank and" to exclude;
to exclude the subitem 4 of Item 16;
state Item 17 in the following edition:
"17. The documents submitted to National Bank according to this Provision are signed by the head of bank and/or the authorized person. Documents make sure of paper form impress of a seal of bank.
The documents submitted to National Bank by means of program technological support are signed and/or go with use of the digital signature of the authorized persons responsible for provision of these documents to National Bank".
2. In the Section II:
The word "credit" shall be replaced with words 1) in Item 20 of Chapter 3 "transactions with";
2) in Chapter 4:
in Item 25:
the paragraph one to state in the following edition:
"25. National Bank overnight on the security grants to banks the loans:
1) government bonds of Ukraine (except bonds of external state loan of Ukraine);
2) deposit certificates;
3) bonds of international financial institutions (which issue is performed according to the legislation of Ukraine)";
to add the paragraph of the second after the words "pledge type" with words "(uniform, mixed)"
to add Item 26 after the words "and pledge type" with words "(uniform, mixed)";
the paragraph one of Item 27 to state in the following edition:
"27. Government bonds of Ukraine, the bond of international financial institutions and deposit certificates which undertake as a deposit on the credit overnight shall be in property of borrowing bank and not be the encumbered any other obligations, except for obligations to National Bank on transactions of refinancing and transactions of direct repo on which:
1) the accomplishment term including early it falls on day of loan granting overnight;
2) in day of loan granting overnight is performed release from under pledge of these government bonds of Ukraine, bonds of international financial institutions and deposit certificates with their subsequent registration as a deposit under the new credit";
to add the paragraph of the second of Item 29 with words "which arose in National Bank";
3) in Chapter 5:
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