of January 2, 2019 No. 6
About approval of the Regulations on procedure for provision by banks to the National Bank of Ukraine of information concerning agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans
According to Articles 7, 7-1, 15, of 25, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About banks and banking activity", to the Law of Ukraine "About currency and currency transactions" and for the purpose of ensuring stability of monetary unit of Ukraine the Board of the National Bank of Ukraine DECIDES:
1. Approve Regulations on procedure for provision by banks to the National Bank of Ukraine of information concerning agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans attracted by residents, loans (further - Regulations on provision of information).
2. Banks perform initiation of registration actions / cancellations of registration of contracts with the help of means of the special software of the National Bank of Ukraine concerning registration of agreements according to Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and provision by residents of foreign currency loans to the nonresidents approved by the resolution of Board of the National Bank of Ukraine of June 17, 2004 No. 270, registered in the Ministry of Justice of Ukraine on July 15, 2004 for No. 885/9484 (with changes) (further - No. Provision 270), to 14 hours on February 06, 2019.
3. Since February 7, 2019 servicing of transactions of residents by banks under agreements which provide accomplishment by residents of debt obligations before nonresident creditors on the loans (loans) attracted by residents (further - agreements) is performed taking into account the following:
1) registration of agreements which was performed by the National Bank of Ukraine (the registration certificates granted by the National Bank of Ukraine to resident borrowers) during the period till February 7, 2019 becomes invalid (yut);
2) banks shall provide information concerning agreements electronically in the automated information system of the National Bank of Ukraine "Credit agreements with nonresidents" (further - the Information system) according to the procedure established by Regulations on provision of information from 10 hours on February 07, 2019 and taking into account subitems 4 and 5 of Item 3 of this resolution;
3) information concerning agreements which, according to the Provision No. 270 was provided by banks in the National Bank of Ukraine for the purposes of registration of agreements (modification of registration of agreements) and contains in the electronic register of notifications on agreements which is conducted by means of the special software of the National Bank of Ukraine concerning registration of agreements (further - the Register), as of 10 hours is transferred on February 07, 2019 in the automated mode to accounting records of the Information system (with preserving number and date of record which correspond to the agreement in the Register, for the accounting record corresponding to this agreement in the Information system);
4) the bank (in case of need) brings changes/amendments in information on agreements which was in the automated mode according to the subitem 3 of Item 3 of this resolution is transferred to accounting records of the Information system, in general procedure according to Regulations on provision of information;
5) the bank if in the Information system there is no accounting record which corresponds to the agreement which registration was confirmed with the registration certificate (with appendices in case of their availability) in paper form which was issued by the National Bank of Ukraine to the resident borrower and as of February 6, 2019 remained acting, enters information concerning such agreement (with reference to number and date of such registration certificate) in the Information system no later than day of carrying out currency transaction under this agreement through this bank.
4. To department of the public markets (Ponomarenko S. V.) after official publication to inform banks information on adoption of this resolution.
5. The resolution becomes effective from the date of, its official publication following behind day, except Items 1 and 3 of this resolution which become effective along with enforcement of the Law of Ukraine "About currency and currency transactions".
Chairman
Ya. Smoly
Approved by the Resolution of Board of the National Bank of Ukraine of January 2, 2019 No. 6
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", parts one of Article 10 and article 11 of the Law of Ukraine "About currency and currency transactions" and to regulatory legal acts of the National Bank of Ukraine (further - National Bank) and are determined by procedure for provision by banks to National Bank of information concerning agreements which provide accomplishment by residents, not being banks, debt obligations before nonresident creditors on the loans attracted by residents, loans (further - the notification on the agreement).
2. The terms used in this Provision have the following values:
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