of August 4, 2017 No. 75
About approval of Changes in Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities
According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 44, 66 Laws of Ukraine "About banks and banking activity", for the purpose of enhancement of procedure for determination by banks of Ukraine of the extent of credit risk on active banking activities the Board of the National Bank of Ukraine decides:
1. Approve Changes in the Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities approved by the resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351 (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 for use in work.
3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Rozhkova K. V.
Acting as Chairman
Approved by the Resolution of Board of the National Bank of Ukraine of August 4, 2017 No. 75
1. In the Section I:
The paragraph the fourth the subitem 21 of Item 5 to state 1) in the following edition:
"The own experience of bank based on reliable, continuous, complete and complete statistical data which accumulation period constitutes at least three last years in a row (for newly created banks - the period from the beginning of activities) preceding settlement date of credit risk (in the presence) (further - own experience of bank);";
Item 8 to replace 2) with two new Items 8, of 8-1 following content:
"8. The bank on each credit of the debtor creates the credit documentation (case) of the debtor of paper and/or electronic documents according to the requirements determined by this Provision.
Electronic documents which the bank uses for forming of the credit documentation (case) shall be created and signed bank and the debtor using the digital signature which according to the status is equated to the sign manual according to the Law of Ukraine "About the digital signature", or created with use of the state registers, in open entry.
The bank in case of forming of the credit documentation (case) of the debtor from electronic documents shall provide fulfillment of requirements of the legislation of Ukraine concerning production and assurance of their copies on paper.
8-1. The credit documentation (on the right) of the debtor shall contain data which are obligatory and minimum necessary for proper assessment of credit risk. The list of documents which shall contain in the credit documentation (case) are given in appendix 2 to this Provision.
The bank can expand the list of data on the debtor, previously having determined them in intra bank provision.
The bank accumulates and keeps these data in chronological procedure.
Summarized information on credit operation is created from the moment of the conclusion of the agreement and updated during its action in part which changed, within five working days from the date of receipt of information by bank which is the basis for introduction of such changes (change of conditions of implementation of credit operation, constituent and registration data of the debtor, its financial condition, etc.).".
2. In the Section II:
The subitem 4 of Item 13 to state 1) in the following edition:
"4) application of methods (methods) of decrease in credit risk by bank, objectively, with respect for the principle of care, provide its minimization. In particular, concerning the providing received by bank there are objective proofs of existence (availability); availability; estimates of market value; insurance; control by bank to destination conditions, safety, providing disposal/replacement; possibility of alienation of providing for benefit of bank;";
The subitem 5 of Item 15 to state 2) in the following edition:
"5) to associations of co-owners of apartment houses and housing cooperatives (further - OSMD and HCC).";
Paragraph one of Item 32 to state 3) in the following edition:
"32. The bank determines the exposition size under risk (EAD), proceeding from the amount of debt on asset determined according to requirements of the subitem 4 of Item 5 of the Section I of this Provision.";
4) in paragraph one of Item 34 of the word and figures "is the owner of 51 and more percent of the authorized capital, or size which provides to the state the right of the solving influence on economic activity of this debtor" shall be replaced with words and figures "directly and/or indirectly is holder of 51 and more percent of the authorized capital and at the same time has the right of the solving influence on economic activity of the debtor";
Paragraphs the third and fourth Item 36 to replace 5) with one paragraph third the following content:
"The bank determines the number of calendar days of delay of the debt repayment on the credits the overdraft / to credit cards from the date of following behind day when there was excess by the debtor/partner of deadline of repayment of the obligatory regular payment established by terms of the contract.".
With respect thereto the fifth to consider the paragraph the paragraph the fourth.
3. In the Section III:
Item 40 after subitem 3 to add 1) with new subitem 3-1 of the following content:
"3-1) means on demand in other banks;";
2) after Item 46 to add the Section with new Item 46-1 of the following content:
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