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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 22, 2018 No. 149

About approval of the Regulations on licensing of banks

(as amended on 21-07-2022)

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", for the purpose of enhancement of procedure for creation of banks and licensing of their activities the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on licensing of banks (further - the Provision) which are applied.

2. Recognize invalid regulatory legal acts of the National Bank of Ukraine according to the list which is attached.

3. The National Bank of Ukraine considers the document packages provided by applicants before entry into force of this resolution according to requirements and according to the procedure which are determined by the Regulations on order of registration and licensing of banks, opening of separate divisions approved by the resolution of Board of the National Bank of Ukraine of September 8, 2011 No. 306, registered in the Ministry of Justice of Ukraine on October 18, 2011 for No. 1203/19941 (with changes).

4. Banks shall provide compliance of rooms in which they perform customer service (further - rooms), to requirements of Chapter 28 of the Section IV of Provisions for ensuring access of handicapped national groups to the services provided by banks according to the following schedule:

1) till July 1, 2023 banks shall provide full compliance with it to requirements of the Provision:

at least 50% of the rooms located in the city of Kiev, the regional centers and in the cities with the number of inhabitants more than 300 000 people;

at least 30% of the rooms located in other settlements of Ukraine;

2) till July 1, 2024:

all rooms located in the city of Kiev, the regional centers and in the cities with the number of inhabitants more than 300 000 people;

at least 70% of the rooms located in other settlements of Ukraine;

3) till January 1, 2025 - all rooms.

5. The bank in which as of the date of entry into force of this resolution own shares and/or shares/shares in the authorized capital of any legal entity in chain of ownership of corporate laws of this bank were transferred to the control shall for the purpose of observance of requirements of Item 265 of Chapter 30 of the Section V of the Provision within year from the date of entry into force of this resolution stop management of such shares / shares and perform their return to the founder of management.

6. The signs of not irreproachable goodwill determined in Item 65 of Chapter 6 of the Section II of Provisions are not applied to physical person if such person was approved by the National Bank of Ukraine to position in bank (appointment of person was approved / its compliance of professional suitability and goodwill is determined) or if coordination (permission) to acquisition of essential participation in bank after acceptance of Item 65 of Chapter 6 of the Section II of Provisions of the decision of rather financial institution, foreign financial institution determined in the subitem 3 was provided to such person.

7. The signs of not irreproachable goodwill determined in Item 69 of Chapter 7 of the Section II of Provisions are not applied to the legal entity if coordination (permission) to acquisition of essential participation in bank after acceptance of Item 69 of Chapter 7 of the Section II of Provisions of the decision of rather financial institution determined in the subitem 2, foreign financial institution was provided to such person.

8. Banks which use for provision to the National Bank of Ukraine of information concerning the separate divisions program complex "System of introduction of information electronically in the State register of banks by means of electronic messages on opening, change of data on separate division of bank go banks, "Bank Info" (further - the Bank Info System), provide information and documents of rather separate divisions determined by the Provision in the period from the effective date this resolution before Date of Introduction in operation of the WEB VERSION of the Bank Info System taking into account the following features:

1) information through the Bank Info System is provided in the form determined by it;

2) in addition banks send to the National Bank of Ukraine the scanned copies of messages which are drawn up according to the subitem of 1 Item 430, the subitem 1 of Item 435 of Chapter 54 of the Section VIII of the Provision, means of e-mail of the National Bank of Ukraine or through the Bank Info System.

8-1. To provide to banks of Ukraine submission to the National Bank of Ukraine of excerpts from questionnaires of owners of essential participation in bank, heads of bank, the division manager of internal audit, the chief risk manager, the chief form komplayens-manager of bank approved by the administrative act of the National Bank of Ukraine and placed on the page of official Internet representative office of the National Bank of Ukraine with tables which contain general information concerning person, information on its goodwill, final part of the questionnaire with confirmation by person of provided information and information that person has no objections concerning its check, and also assurance of bank that it performs check of person on compliance to requirements to goodwill, certain Regulations, and on compliance of person to such requirements for monitoring of compliance of specified persons to requirements to goodwill, certain Provision, in the following terms:

1) within two months from the date of termination/cancellation of warlike situation in Ukraine - concerning heads of bank, the division manager of internal audit, the chief risk manager, the chief komplayens-manager of bank;

2) within four months from the date of termination/cancellation of warlike situation in Ukraine - concerning owners of essential participation in bank.

8-2. The owner of essential participation in bank, the head of bank, the division manager of internal audit, the chief risk manager, the chief komplayens-manager of bank has the right to submit to National Bank the petition for non-use to it the revealed sign of not irreproachable goodwill constituted according to requirements of Items 77, of the 78th Chapter 10 of the Section II of Provisions if concerning it there is sign determined in:

1) in subitems 8, the 9th Item 62, subitems 1, 3, 4, the 5th Item 64 of Chapter 6 of the Section II of Provisions, in the subitem 6 of Item 66, Item 68 of Chapter 7 of the Section II of Provisions;

2) Item 65 of Chapter 6, Item 69 of Chapter 7 of the Section II of Provisions if coordination (permission) to acquisition of essential participation in bank was provided to such person or if such person was it is approved by the National Bank of Ukraine to position in bank (appointment of person was approved / its compliance of professional suitability and goodwill is determined) before adoption of the relevant decision of rather financial institution, foreign financial institution.

The National Bank of Ukraine considers the submitted petition according to the procedure, determined in Chapter 10 of the Section II of Provisions.

9. To department of methodology (Ivanenko N. V.) after official publication to inform banks information on adoption of this resolution.

10. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Rozhkova K. V.

11. The resolution becomes effective from the date of, its official publication following behind day.

Chairman

Ya. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of December 22, 2018 No. 149

Regulations on licensing of banks

I. General provisions

1. Introduction provisions

1. This Provision is developed according to requirements of the Civil code of Ukraine, the Economic code of Ukraine, the Laws of Ukraine "About banks and banking activity", "About joint-stock companies", "About state registration of legal entities, physical persons entrepreneurs and public forming" and other laws of Ukraine for the purpose of determination:

1) procedure and conditions of creation of banks and receipt of banking licenses by them;

2) features of creation of national banks;

3) procedure for coordination of charters of banks and changes to them;

4) procedure for coordination of acquisition and increase in essential participation in banks;

5) qualification requirements to heads and separate employee categories of banks, and also procedure for their coordination;

6) requirements to financial condition of legal entities and property condition of physical persons which are or intend to become owners of essential participation in banks, and also the principles (criteria) and technique of assessment of their financial/property condition;

7) requirements to goodwill of heads and separate employee categories of banks, key persons, banks, legal entities and physical persons which are or intend to become owners of essential participation in banks, and also the principles (criteria) of assessment of their goodwill;

8) requirements to the beginning banks of new type of activity and provision of new type of financial services by them;

9) procedure and conditions of opening of separate divisions of banks in the territory of Ukraine;

10) procedure for opening of subsidiary banks, branches and representative offices of banks in the territory of other countries;

11) procedure for accreditation of branches and representative offices of foreign banks in the territory of Ukraine;

12) procedure for the termination of implementation of banking activity at the initiative of members of bank.

2. In this Provision terms are used in such value:

1) Antimonopoly Committee - Antimonopoly Committee of Ukraine;

2) the auditor - the auditor or the legal entity rendering auditor services;

3) decisive influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized capital or voting powers according to shares, share in the authorized capital of the legal entity at the rate from 50 percent, and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

4) the ranking officer - the worker, responsible for implementation of financial monitoring;

5) the corresponding date - the date determined by this Provision as of which assessment of financial/property condition of legal/physical person is made or taking into account which date of such assessment is determined;

5-1) chief komplayens-manager - the official of bank responsible for control of observance of regulations (komplayens);

5-2) chief risk manager - the official of bank who is responsible for risk management;

6) Unified state register - Unified State Register of Legal Entities, physical persons entrepreneurs and public forming;

7) Join-stock companies law - The law of Ukraine "About joint-stock companies";

8) The law on banks - the Law of Ukraine "About banks and banking activity";

9) Law on sale of national banks - The law of Ukraine "About features of sale of the blocks of shares belonging to the state in the authorized capital of banks in which capitalization the state took part";

10) Law on registration of legal entities - The law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming";

11) Law on system of guaranteeing - The law of Ukraine "About system of guaranteeing household deposits";

12) the Law on the simplified procedures - the Law of Ukraine "About simplification of procedures of reorganization and capitalization of banks";

13) Financial services act - The law of Ukraine "About financial services and state regulation of the markets of financial services";

14) the applicant - person who independently or by proxy the representative addresses the National Bank of Ukraine with the petition for implementation of the procedure provided by this Provision. If the face of the applicant for the separate procedure is not determined in appropriate sections and Chapters of this Provision, then applicant is the bank;

15) reporting date - fortune as of which the legal entity makes the financial reporting according to requirements of the legislation of Ukraine (for the Ukrainian companies) or requirements of the legislation of foreign state (for the foreign companies);

16) considerable influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized capital or voting power according to shares, share in the authorized capital of the legal entity in the amount of 10 to 50 percent and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

17) the investment grade of credit rating - long-term credit rating on the international scale according to obligations in foreign currency is not lower than the VVV-level on classification of rating agencies of "Standard & poor" of s" or "Fitch-Ratings" and the Vaa3 level on classification of rating agency of "Moody" of s Investors Service";

18) foreign bank - the foreign company which has the status of bank / credit institute according to the legislation of foreign state and performs attraction of financial resources from unrestricted circle of legal entities and physical persons on the terms of recoverability, and also loan granting on its own behalf and on own risk;

19) the foreign company - the legal entity whose main office is registered in foreign state;

19-1) foreign financial organization - the foreign company which has the status of financial institution according to the legislation of foreign state;

20) the Qualification commission - the advisory and consultative collegiate organ created on board decision of the National Bank of Ukraine to which powers conducting testing and interviews with heads, division managers of internal audit, the chief risk managers and the chief komplayens-managers (candidates for these positions) in banks, branches of foreign banks, other persons for provision of offers and recommendations of Committee on supervision of coordination (refusal in coordination), determination of goodwill and professional suitability of heads, division managers of internal audit, the chief risk managers and the chief komplayens-managers belongs;

21) qualified stock exchange - stock exchange which corresponds at least to one of the following criteria:

the stock exchange is created according to the legislation of the member country of the European Union;

cumulative market capitalization of the companies which shares are included (are admitted) to trading at such exchange, exceeds equivalent of 100 billion US dollars as of the last month the year preceding year in which the exchange is recognized qualified for the purposes of this provision;

22) qualified bureau of credit histories - the largest on number of the credit stories of bureau of credit histories which are available in the respective country (other subject as which enter collection processing, storage and use of information which constitutes credit history) which extends the activities to the country in which physical person / in which constantly lives the main office of the legal entity is registered. If the physical person constantly lives in the territory of Ukraine / the legal entity is registered according to the legislation of Ukraine, then qualified bureaus of credit histories are the First All-Ukrainian bureau of credit histories, the Ukrainian bureau of credit histories and the International bureau of credit histories;

22-1) qualified digital signature (further - KEP) - the qualified digital signature created according to requirements of the Law of Ukraine "About electronic confidential services";

23) the head on licensing - the head of the structural unit of the National Bank responsible for licensing of banks;

23-1) head of financial institution - the head of bank, sole executive body or members of collegiate executive body, members of council (supervisory board) or other body responsible for supervision implementation, education and which competence is provided by the charter of financial institution which is not bank;

24) the final owner of bank - the owner of essential participation in bank (physical person, the legal entity, including the public company) in which structure of property there are no other owners of essential participation in bank determined according to this Provision, the international financial institution, the state (on behalf of relevant organ of the government), territorial community (on behalf of relevant organ of local self-government);

25) key person of bank - the physical person who is the employee of bank or provides to bank services according to the civil agreement and is not the head of bank and/or the owner of essential participation in bank, but has opportunity to influence significantly decision making on the main activities of bank (credit, investment, accounting policy, policy of asset management, other policy, the strategy of bank);

26) Commission on securities - National commission on securities and stock market;

27) Committee on supervision - Committee on questions of supervision and regulation of activities of banks, supervision (oversight) of payment systems of the National Bank of Ukraine;

28) the consolidating company - the legal entity, shares/shares in whose authorized capital the final owner of bank - physical person owns and on which such physical person indirectly owns essential participation in bank;

29) the consultant - physical person or legal entity which employees have/have sufficient qualification for implementation of calculations and assessment of financial condition of the legal entity that is confirmed by the education documents submitted to the National Bank of Ukraine, certificates/certificates/diplomas about receipt of professional knowledge;

30) international financial institution - organization with which the Government of Ukraine signed the agreement on cooperation and for which according to the laws of Ukraine privileges and immunities are established;

31) National Bank - National Bank of Ukraine;

32) newly created bank - the legal entity who intends to perform banking activity;

33) governing bodies of bank - council of the bank and bank board;

34) the final key participant - the key participant - physical person, the key participant - the legal entity who does not incorporate key participants; the state (on behalf of relevant organ of the government), territorial community (on behalf of relevant organ of local self-government), international financial institution and the public company;

35) the appraiser - the independent subject of estimative activities;

36) transitional bank - bank which was created during removal of insolvent bank from the market according to the Law on system of guaranteeing which single shareholder is the Fund of guaranteeing deposits about day of sale of this transitional bank to the investor (consolidation of investors);

36-1) tax resident - person who according to the legislation of Ukraine / foreign state is resident of Ukraine / foreign state for the purposes of the taxation;

37) voting power according to shares - the voting power in the supreme body of management of the legal entity arising from ownership of shares/shares in the authorized capital of this legal entity;

38) the intermediate company - the legal entity who owns essential participation in bank and is not his final owner or the consolidating company;

38-1) professional judgment - the motivated, objective, impartial and valid conclusion and/or assessment of National Bank of the facts, events, circumstances, faces based on knowledge and experience of employees of National Bank, on complex and comprehensive information analysis and the documents submitted to National Bank within the stipulated by the legislation procedures and received by National Bank including as a result of implementation by it of bank regulation and supervision and also on information from official sources;

39) the public company - the foreign company created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) and are admitted to trading in regulated segment of qualified stock exchange;

40) council of the bank - the supervisory board of bank;

41) the route of payment - route of passing of money according to bank accounts from the sender (the initiator of payment) to the receiver;

42) the Ukrainian company - the legal entity created and registered according to the legislation of Ukraine;

43) the authorized person of National Bank - the board member of National Bank or the head on licensing to whom powers on adoption of the decisions determined by this Provision are assigned;

44) the authorized representative - physical person which has the right to making of the corresponding actions on behalf of physical person or legal entity based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation;

45) participation - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized capital of the legal entity;

46) board member of National Bank - The chairman or the first deputy, or the vice-chairman of National Bank which performs the common directorship of banking supervision;

47) Fund of guaranteeing deposits - Fund of guaranteeing household deposits.

Other terms in this Provision are used in the values given in the Law on banks and other laws of Ukraine.

3. The National Bank when making the actions provided by this Provision is guided by the following principles:

1) equivalences of essence and form (assessment of transactions, transactions, circumstances and events from the point of view of their essence and form);

2) harmony (proportionality) [accounting of circumstances and conditions of specific situation concerning which professional judgment is created and the relevant decision (in particular, the size of bank, complexity, amount, types, nature of the transactions performed by it, organizational structure of bank, profile of risk of bank, feature of activities of bank as systemically important (in the presence of such status), activities of banking group which part the bank, financial condition of bank and owners of essential participation in it is)] is made;

3) reasonable doubt (implementation of additional/profound verification / analysis of transactions, transactions, circumstances and/or events concerning which professional judgment is created and the relevant decision, in the presence of reasonable doubt concerning them is made);

4) the complex analysis (research of all circumstances and conditions of specific situation during the forming of professional judgment and adoption of the relevant decision).

4. The National Bank applies the professional judgment to decision making, determined by this Provision.

Professional judgment is created by National Bank taking into account the principles determined in Item 3 of Chapter 1 of the Section I of this provision.

Assessment by National Bank of quantitative or high-quality parameters or circumstances concerning which the Law on banks or this Provision determine accurate criteria is not application of professional judgment.

2. General requirements to documents which are filed to National Bank

5. The applicant files to National Bank documents within implementation of procedures for this Provision according to determined by this Provision the list and requirements.

6. The applicant has the right to file to National Bank in addition any documents concerning its address with written reasons for feasibility of their representation.

7. The applicant bears responsibility for completeness and accuracy of the data, the submitted documents containing in to National Bank.

8. The documents submitted to National Bank according to this Provision shall move in Ukrainian and not contain corrections and inaccuracies.

9. The documents constituted in foreign language for submission to National Bank shall be translated into Ukrainian (authenticity of the signature of the translator makes sure notarially). The documents constituted in foreign language in case of simultaneous finishing their text in Ukrainian are not translated into Ukrainian.

10. The documents issued in foreign state for submission to National Bank shall be legalized in the procedure established by the law if other is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

11. The applicant in case of impossibility of observance of the requirements to document creation determined by Item 10 of Chapter 2 of the Section I of this provision issued in foreign state owing to circumstances gives the corresponding reasonable explanations to National Bank. The National Bank has the right to consider the documents issued in foreign state, which are drawn up without observance of the requirements determined by Item 10 of Chapter 2 of the Section I of this provision if recognizes the applicant's explanations reasonable and will not have doubts concerning reliability of documents and information stated in them.

12. The documents of the legal entity issued in foreign state and which legalization is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine move in National Bank signed by the head or other authorized representative of the legal entity.

13. The documents concerning physical person issued in foreign state and which legalization is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine move in National Bank signed by physical person or his authorized representative.

14. The documents received from electronic sources make sure the signature:

1) physical person concerning which such documents are issued, or his authorized representative;

2) the authorized representative of the legal entity concerning whom such documents are issued.

15. The applicant has the right to submit the copy of the document to National Bank if this Provision does not establish obligation on provision of the original document, certified of such procedure:

1) the copy of the document issued by authorized state body is certified by the body which issued this document, or notarially;

2) the copy of the document of physical person makes sure the signature of such person or his authorized representative;

3) the copy of the document of the legal entity makes sure the signature of the authorized representative.

The copy of any document which is filed to National Bank according to this Provision can be certified notarially at the request of the applicant.

The copy of the document can be certified by the applicant of the cases determined by this Provision.

16. The document package which moves in National Bank according to this Provision shall include the document confirming the power of the person which signed documents on behalf of the applicant.

17. In National Bank moves or the original document, the determining power of the authorized representative, or its copy certified according to Item 15 of Chapter 2 of the Section I of this provision.

18. The document package which moves in National Bank according to this Provision shall be followed by the petition for its consideration. The petition shall contain the inventory of all documents in packet with names, dates of issue, bodies (persons) which issued them, the consent of person to processing of the personal data, storage, check and transfer to other state bodies of Ukraine received on behalf of information and documents. The petition is signed personally by the applicant - physical person or the applicant's head - the legal entity.

The petition shall contain assurances of the supplier that he received consent to processing of personal data of physical persons concerning which personal data are provided.

19. The applicant in case of giving in National Bank of incomplete document package shall specify in the petition the list of not filed documents, the reasons of their non-presentation, and also terms in which the applicant intends to submit them to National Bank.

20. The applicant has the right to determine himself or the authorized representative as the contact person for implementation of official communication with National Bank means of e-mail, having specified about it in the petition and having specified the e-mail address for such communication. The applicant in writing notifies National Bank on the termination of official communication by means of e-mail.

21. The documents provided in this Provision are represented to National Bank to one of the following methods:

1) on papers with simultaneous submission of electronic copies of these documents without imposing of KEP (further - electronic copies of documents);

2) in electronic form, KEP signed by imposing, or the electronic copy of the document certified by KEP - on official electronic mailbox of nbu@bank.gov.ua National Bank or other means of electronic communication which are used by National Bank for electronic document management.

Documents in some cases, determined in this Provision, and upon the demand of National Bank also move electronically in the xlsx format or other format.

22. Electronic copies of documents shall be created in the form of the files containing the images of documents scanned from papers.

23. Scanning from papers of images of documents is performed taking into account the following requirements:

1) the document is scanned in the file of the PDF format;

2) the scanned copy of each document remains as the separate file;

3) the file shall have the short name Latin letters which reflects content and details of the document;

4) the documents containing more than one page are scanned in one file;

5) permission of scanning shall be not lower than 300 dpi.

24. Electronic copies of documents are represented on digital carriers or go to National Bank means of e-mail (for banks). Electronic copies of documents can go to the e-mail address of the employee of the National Bank responsible for consideration of document package.

25. The data provided in documents on papers have advantage in case of availability of discrepancies between the data containing in documents on papers and in electronic copies of documents. The National Bank has the right to demand from the applicant of provision of explanations concerning discrepancies between documents on papers and their electronic copies, and also elimination of these discrepancies.

26. The applicant has the right not to submit documents which were filed to National Bank earlier to National Bank provided that such documents are valid and drawn up according to requirements of this provision, and information which in them contains, is urgent. The applicant for the purpose of accounting of such documents during consideration of document package submits to National Bank the petition in which provides the list of earlier submitted documents with indication of their names, dates of issue, bodies (persons) which issued them, information on as a part of what document package documents were represented to National Bank earlier, and also assurances that these documents are valid, and information which in them contains, is urgent.

27. Requirements of Item 26 of Chapter 2 of the Section I of this provision do not extend to the documents confirming the status of person for certain date and also the documents having limited effective period.

28. The National Bank has the right to demand from the applicant of submission of the documents which are not provided by the applicant according to Item 26 of Chapter 2 of the Section I of this provision if the storage duration of earlier submitted documents expired, documents are transferred to archival organization and/or if access to documents is complicated for other reasons.

29. The document which has no certain effective period can move in National Bank if it was issued not earlier than before one month before date of giving to National Bank if the document was issued in Ukraine, or in three months prior to date of giving if the document was issued in foreign state.

30. The applicant in case of impossibility of submission of the document determined by this Provision, owing to circumstances gives reasonable explanation of impossibility of such submission to National Bank. The National Bank has the right to consider document package without such document if it recognizes the applicant's explanations reasonable and not to have doubts concerning reliability and relevance of information stated in it.

31. The National Bank places on the page of official Internet representation of the document form which according to this Provision are represented to National Bank electronically in the xlsx format or other format determined by National Bank.

3. General procedure for consideration of the documents submitted to National Bank, and determination of terms

32. The National Bank performs consideration of the document package provided by the applicant during the term determined by the Law on banks, other laws of Ukraine and this Provision for the corresponding procedure.

33. The current of term of consideration of document package begins from the date of, the submission by the applicant to National Bank of the complete document package determined by this Provision following behind day.

34. The National Bank according to requirements of the Law on banks has the right during consideration of the document package given the applicant to request and receive from bank, his participants, owners of essential participation in bank, persons who have intention to acquire or increase essential participation in bank, persons which are part of 10 largest final key members of bank, and also other persons whose activities are estimated or checked the additional information, documents and the explanations necessary for the complete and comprehensive analysis and adoption of the motivated decision by it according to this Provision.

35. The National Bank has the right to provide to the applicant of the note to the provided document package if documents do not conform to requirements of this provision and/or the legislation of Ukraine.

36. The National Bank requests information determined in Item 34 of Chapter 3 of the Section I of this provision, documents and explanations and provides the notes determined in Item 35 of Chapter 3 of the Section I of this provision during the term of consideration of document package established by the legislation of Ukraine.

37. The National Bank establishes the term of representation by the applicant determined in Item 34 of Chapter 3 of the Section I of this provision of information, documents and explanations and/or accounting of the notes determined in Item 35 of Chapter 3 of the Section I of this provision. The current of term of consideration of document package stops and renews after receipt of all additional / corrected documents, information and explanations.

38. The National Bank has the right to stop current of term of consideration of the document package provided according to this Provision in case of identification of circumstances which can influence adoption of the relevant decision by National Bank, before clarification of such circumstances, but no more than for 30 days. The National Bank notifies the applicant on suspension of current of term of consideration of document package within five working days from the date of adoption of such decision.

39. The National Bank has the right to extend the term of consideration of the document package provided according to this Provision based on the reasonable petition of the applicant and to establish the term for which consideration term is extended. The National Bank notifies the applicant on prolongation of term of consideration of document package and term for which it is extended, within five working days from the date of adoption of such decision.

40. The National Bank has the right to return the document package provided by the applicant without decision making on this packet in case of discrepancy of the submitted documents to requirements of this provision and/or the legislation of Ukraine and/or if the National Bank according to Item 35 of Chapter 3 of the Section I of this provision provided, but during fixed term the applicant did not consider notes of National Bank.

41. The National Bank has the right to return the document package provided by the applicant according to the petition of the applicant before decision making on this packet.

42. The board of National Bank, Committee on supervision or the authorized person of National Bank make the decisions determined by this Provision.

43. The applicant has the right to submit to National Bank the petition for decision making on document package if in document package there are no documents which submission is impossible for the objective reasons, with the obligation to provide these documents during certain term. The National Bank has the right to make the decision determined by this Provision with the obligation of the applicant concerning submission of documents which are not enough, in the time established in the decision.

44. The authorized person of National Bank makes the decision about:

1) return of document package to the applicant not at the initiative of the applicant (the decision is made by the board member of National Bank);

2) suspension of current of term of consideration of document package (the decision is made by the board member of National Bank);

3) return of document package to the applicant according to the petition of the applicant (the decision is made by the head on licensing);

4) prolongation of term of consideration of document package according to the petition of the applicant (the decision is made by the head on licensing).

45. The National Bank has the right to perform official communication with the applicant by e-mail during consideration of document package. Such communication can include:

1) request of the additional information, the documents and explanations necessary for decision making according to this Provision;

2) obtaining from the applicant or his authorized representative of information, explanations and electronic copies of documents.

46. The notification of National Bank directed according to the procedure of communication by means of e-mail is properly sent to the applicant on condition of obtaining to e-mail of the employee of National Bank who sent it, delivery confirmations of this notification. The National Bank in case of non receipt of such confirmation within one working day sends the adequate notice to the applicant on papers.

47. For consideration by National Bank of the document package given the applicant according to this Provision the payment in the amount of, determined by the regulatory legal act of National Bank is levied. The applicant represents the copy of the payment document about implementation of such payment together with representation of document package to National Bank. The National Bank returns document package without consideration within three working days in case of non-presentation by the applicant of the copy of the payment document about implementation of payment.

48. Repeated representation by the applicant of document package who was returned by National Bank according to Item 40 of Chapter 3 of the Section I of this provision does not require implementation by the applicant of repeated payment if repeated representation of document package is performed within three months from the date of return of document package by National Bank.

49. The document package which was returned by National Bank according to Item 40 or 41 of Chapter 3 of the Section I of this provision in case of its repeated submission to National Bank shall conform to requirements of this provision and the legislation of Ukraine as of date of its repeated representation. Date of submission of documents is date of its repeated representation.

50. Features of consideration by National Bank of document packages within various procedures are determined by appropriate sections and Chapters of this Provision.

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