RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 17, 2001 No. 275

About approval of the Regulations on procedure for issue to banks of banking licenses, written permissions and licenses for accomplishment of separate transactions

According to article 7 of the Law of Ukraine "About the National Bank of Ukraine" and the Law of Ukraine "About banks and banking activity" for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine on regulation of activities of banks in compliance with the Law of Ukraine "About banks and banking activity" Board of the National Bank of Ukraine

DECIDES:

1. Approve Regulations on procedure for issue to banks of banking licenses, written permissions and licenses for accomplishment of separate transactions it (is applied).

2. Declare invalid Regulations on procedure for issue to banks of the license for the banking operations approved by the resolution of Board of the National Bank of Ukraine of 06.05.98 of N 181, registered in the Ministry of Justice of Ukraine 10.06.98 for N373/2813.

3. To general department of banking supervision (P.V.Andrushchenko) in a month from the effective date this resolution to develop the schedule of carrying out renewal of licenses for banking operations on banking licenses and written permissions and to bring it to permission of territorial administrations of the National Bank of Ukraine and banks.

4. To general department of banking supervision (P.V.Andrushchenko) together with territorial administrations of the National Bank of Ukraine in the terms determined by the Law of Ukraine "About banks and banking activity" and the resolution of Board of the National Bank of Ukraine of 07.03.2001 of N102 "About establishment of transitional terms of fulfillment of requirements of the Law of Ukraine "About banks and banking activity" (it is registered in the Ministry of Justice of Ukraine 27.03.2001 for N283/5474), to renew to banks earlier obtained licenses for banking operations for the banking licenses and written permissions provided by the Law of Ukraine "About banks and banking activity".

The banks having available the regulatory capital from 3 to 5 million euros and branches and territorially isolated non-accounting departments outside area of the location, shall increase till 17.01.2003 the regulatory capital up to the size of at least 5 million euros or stop activities of such divisions.

The banks having available the regulatory capital from 1 to 3 million euros and branches and territorially isolated non-accounting departments outside area of the location, shall increase till 17.01.2003 the regulatory capital up to the size of at least 5 million euros or stop activities of such divisions. If the regulatory capital of banks constitutes less than 3 million euros, then they are subject to reorganization or liquidation.

The banks having available the regulatory capital from 1 to 3 million euros and not having branches and territorially isolated non-accounting departments outside area of the location, shall increase till 17.01.2003 the regulatory capital up to the size of at least 3 million euros. In other case such banks are subject to reorganization or liquidation.

5. To banks it agrees to licenses for banking operations, available at them, to determine the list of transactions on which implementation according to article 47 of the Law of Ukraine "About banks and banking activity" they need to have the written permission of the National Bank of Ukraine, and according to the schedule finished by General department of banking supervision, to address to General department of banking supervision or to territorial administrations of the National Bank of Ukraine on their location with the petition for renewal of available licenses for banking operations on banking licenses and written permissions.

To banks in a month from day of receipt of banking licenses and written permissions for implementation of transactions by them to determine the list of transactions which implementation within the obtained banking licenses and written permissions they delegate to the branches and to renew the permissions which are earlier issued to them, in coordination with territorial administrations of the National Bank of Ukraine on the location of branches.

6. The resolution becomes effective in ten days after its state registration in the Ministry of Justice of Ukraine.

7. Requirements of the Regulations on procedure for issue to banks of banking licenses, written permissions and licenses for accomplishment of separate transactions concerning provision to bank corporations of banking licenses, written permissions and licenses for accomplishment of separate transactions become effective since January 1, 2002.

8. To impose control of execution of this resolution on the vice-chairman V. L. Krotyuk, General department of banking supervision (P.V.Andrushchenko) and chiefs of territorial administrations of the National Bank of Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of July 17, 2001 No. 275

Regulations on procedure for issue to banks of banking licenses, written permissions and licenses for accomplishment of separate transactions

For the purpose of increase in reliability and banking system stability of Ukraine, ensuring protection of interests of creditors, investors of banks, and also according to the laws of Ukraine "About banks and banking activity", "About the National Bank of Ukraine" and other laws and regulatory legal acts of Ukraine the National Bank of Ukraine (further National Bank) determines procedure for issue to banks and bank corporations of banking licenses, written permissions and licenses for accomplishment of separate transactions.

Chapter 1. General provisions for banks and bank corporations

1.1. This Provision establishes procedure and conditions of issue to banks and bank corporations (1) banking licenses on banking operations and written permissions for implementation of other transactions and to bank corporations - licenses for accomplishment of separate transactions, and also determines conditions under which the National Bank can refuse issue of the banking license, written permission, licenses for accomplishment of separate transactions.

(1) - Further in this Provision "bank" it is necessary to understand bank and bank corporation as the word, except cases when it is directly about bank corporation.

1.2. In this Provision terms are used according to the definitions given in the Law of Ukraine "About banks and banking activity". Such terms are separately determined:

the written permission of National Bank - the document issued by National Bank according to the procedure and on the conditions determined by the Law of Ukraine "About banks and banking activity" and this Provision based on which banks have the right to perform separate transactions, the stipulated in Article 47 Laws of Ukraine "About banks and banking activity";

the license for accomplishment of separate transaction for bank corporation - the document issued by National Bank of bank corporation according to the procedure and on the conditions determined by the Law of Ukraine "About banks and banking activity" and this Provision proceeding from the size of the summary (consolidated) regulatory capital of bankovuchastnik of bank corporation and based on which the bank corporation has the right to accomplishment of separate transaction.

1.3. The bank has the right to perform banking activity only after receipt of the banking license.

The bank has the right to begin to perform transactions only on condition of observance of requirements of the existing legal acts of Ukraine and regulatory legal acts of the National Bank of Ukraine which determine conditions for implementation of the corresponding transactions (including concerning availability of the specifications, special divisions, their heads, the corresponding specialists and domestic situations regulating procedure of transactions).

Banks, branches of banks perform banking activity according to the procedure, determined by the Law of Ukraine "About banks and banking activity", regulatory legal acts of National Bank, and according to them developed charters, domestic situations of banks.

1.4. Without receipt of the banking license it is not allowed to perform at the same time activities for attraction of the deposits and other means which are subject to return, and loan granting and also to operate accounts. Persons guilty of implementation of banking activity without banking license, bear criminal, civil or administrative responsibility according to the legislation of Ukraine.

1.5. The National Bank provides the single written permission for implementation of the transactions determined by Items 1-4 of part two and Items 1-6 of part four of article 47 of the Law of Ukraine "About banks and banking activity" based on which banks have the right to perform one, several or all transactions according to the list of these transactions specified in the written permission on condition of observance of requirements of Chapter 5 of this Provision by bank.

1.6. Documents which go to National Bank in connection therewith the Provision shall be stated in Ukrainian.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info