RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 21, 2018 No. 976

About approval of criteria by which the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated and frequency of holding planned actions of the state supervision (control) by the National commission performing state regulation in the sphere of the markets of financial services is determined

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

Approve criteria by which the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated and frequency of holding planned actions of the state supervision (control) by the National commission performing state regulation in the sphere of the markets of financial services which are applied is determined.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 21, 2018 No. 976

Criteria by which the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated and frequency of holding planned actions of the state supervision (control) by the National commission performing state regulation in the sphere of the markets of financial services is determined

1. Criteria by which the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated are:

types of service which subjects of managing in the markets of financial services have the right to render;

the period in which subjects of managing acquired the right to provide services in the markets of financial services;

indicators of activities of subjects of managing in the markets of financial services;

observance by subjects of managing of requirements of the legislation in the sphere of the markets of financial services;

results of carrying out audit of the reporting of subjects of managing.

2. Risks of approach of negative consequences from implementation of economic activity in the sphere of the markets of financial services are determined in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated their indicators, the number of points are determined by each indicator in appendix 2.

4. Reference of the subject of managing to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 2, by the following scale:

from 41 to 100 points - to high risk;

from 21 to 40 points - to average risk degree;

from 0 to 20 points - to insignificant risk degree.

5. Planned actions of the state supervision (control) concerning implementation of economic activity in the sphere of the markets of financial services are performed by Natskomfinuslug behind activities of subjects of managing which are referred:

to high risk - not more often than every two years;

to average risk degree - not more often than once in three years;

to insignificant risk degree - not more often than once in five years.

Frequency of holding the following planned event of the state supervision (control) of rather appropriate subject of managing is counted of end date of planning period in which the action of the state supervision (control) was performed.

6. If by results of planned and unplanned actions of the state supervision (control) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing fundamental breaches of requirements of the legislation in the sphere of the markets of financial services are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

Appendix 1

on which to Criteria the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated, and frequency of holding planned actions of the state supervision (control) by the National commission performing state regulation in the sphere of the markets of financial services is determined

Risks of approach of negative consequences from implementation of economic activity in the sphere of the markets of financial services

Appendix 2

on which to Criteria the risk degree from implementation of economic activity in the sphere of the markets of financial services is estimated, and frequency of holding planned actions of the state supervision (control) by the National commission performing state regulation in the sphere of the markets of financial services is determined

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