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Ministry of Justice of Ukraine

February 28, 2018

No. 254/31706

DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of February 5, 2018 No. 372

About approval of the Regulations on procedure for carrying out restructuring of credit debt of physical persons (except physical persons entrepreneurs) according to credit agreements according to which obligation fulfillment is provided with mortgage, before banks which liquidation procedure is performed by Fund of guaranteeing household deposits, and Changes in some regulatory legal acts of Fund of guaranteeing household deposits

(as amended on 30-11-2020)

According to Item 10 parts one, to part five Items 1-1 and 2 of Article 12, Article parts five 48, to article 51 of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits of RESHILA:

1. Approve such which are applied:

Regulations on procedure for carrying out restructuring of credit debt of physical persons (except physical persons entrepreneurs) according to credit agreements according to which obligation fulfillment is provided with mortgage, before banks which liquidation procedure is performed by Fund of guaranteeing household deposits;

Changes in some regulatory legal acts of Fund of guaranteeing household deposits.

2. To provide to department of strategy and normative and methodological providing together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

3. To provide to department of public relations and financial education placement of this decision on the official page of Fund on the Internet after its state registration.

4. This decision becomes effective from the date of its official publication.

5. Control over the implementation of this decision to assign to the deputy managing director S.V.Rekrut.

Managing director
K. M. Vorushilin

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of February 5, 2018 No. 372

Regulations on procedure for carrying out restructuring of credit debt of physical persons (except physical persons - entrepreneurs) according to credit agreements according to which obligation fulfillment is provided with mortgage, before banks which liquidation procedure is performed by Fund of guaranteeing household deposits

I. General provisions

1. This Provision determines procedure for carrying out restructuring of credit debt of physical persons (except physical persons entrepreneurs) by credit agreements according to which obligation fulfillment is provided with mortgage, before banks which liquidation procedure is performed by Fund of guaranteeing household deposits (further - Fund).

2. Action of this Provision does not extend to agreements:

1) concluded with physical persons which are connected with bank which liquidation procedure is performed by Fund (further - bank), persons;

2) obligation fulfillment on which it is provided with mortgage:

which subject are air and ocean ships, inland navigation vessels, space objects;

which subject is encumbered with other obligations, than obligations according to the credit agreement, the credit debt on which is restructured;

which is the subsequent mortgage, and the bank which is holder of such subsequent mortgage is not at the same time previous mortgage holder whose requirements have the top priority.

3. In this Provision terms are used in such values:

date of restructuring - date of the conclusion bank of the additional contract(s) with physical person debtor (guarantor/pledger);

credit debt of physical person debtor - the amount of monetary claims of bank to physical person debtor including the main amount of debt, interests on credit, commission fees provided by the credit agreement;

document package - the documents provided by physical person debtor for adoption by Fund of the decision on carrying out restructuring;

the restructuring period - period during which restructuring conditions, from the date of restructuring before date of completion of the restructuring specified in additional (additional) the agreement (agreements) which determine conditions of carrying out restructuring with physical person - the debtor (guarantor/pledger) are applied;

restructuring - change of essential conditions (interest rate realignment, change of the debt repayment schedule, terms and repayment sums of principal debt, payment of percent / commission fees), payment priorities) on the credit agreement and to the agreement(s) of providing by the conclusion of the additional contract(s) with physical person debtor (guarantor/pledger) for the purpose of creating favorable conditions for accomplishment of obligations according to the credit agreement.

physical person debtor - physical person (except physical person - the entrepreneur) which is not the face tied with bank also addressed bank with the petition for carrying out restructuring of credit debt.

Other terms in this Provision are used in the values determined by the legislation of Ukraine, including regulatory legal acts of Fund.

4. If property rights on the credit are pledge subject, the pledger within three working days after carrying out restructuring provides to the pawnbroker the information on its carrying out.

5. Payment of all expenses on carrying out restructuring including connected with the conclusion of the relevant additional agreements is provided by physical person debtor and/or the pledger, and/or the guarantor.

6. Change of currency of the obligation is not restructuring subject.

7. Ensuring obligation fulfillment according to the credit agreement with bank when carrying out restructuring of credit debt can increase by acceptance in providing additional real estate.

When carrying out restructuring of credit debt the termination of mortgage and the guarantee is not allowed.

8. The fund has the right to refuse carrying out restructuring if before the termination of term accomplishment of actions for property management (assets) of bank and the satisfaction of requirements of creditors remained less than 180 days.

II. Conditions on restructuring which shall be provided by the agreement

1. The bank restructures credit debt of physical person - the debtor on whom obligation fulfillment is provided with mortgage, except the credit debt which is drawn up by the agreements determined by Item 2 of the Section I of this provision.

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