RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 28, 2019 No. 141

About approval of the Regulations on information support of clients of rather banking and other financial services by banks

According to Articles 7, 15 and 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 54, 55 and parts two of article 56 of the Law of Ukraine "About banks and banking activity", for the purpose of informing clients by banks - physical persons of rather banking and other financial services Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on information support of clients of rather banking and other financial services by banks (further - the Provision) which are applied.

2. No. 62 is excluded according to the Resolution of Board of the National Bank of Ukraine of 14.05.2020

3. To management of consumer protection of financial services (Olga Lobaychuk) after official publication to inform banks information on adoption of this resolution.

4. To impose control over the implementation of this resolution on the Chairman of the National Bank of Ukraine Yakov Smoliya.

5. The resolution becomes effective since September 1, 2020.

Approved by the Resolution of Board of the National Bank of Ukraine of November 28, 2019 No. 141

Regulations on information support of clients of rather banking and other financial services by banks

І. General provisions

1. This Provision is developed according to requirements of the Laws of Ukraine "About banks and banking activity", "About the National Bank of Ukraine", "About consumer crediting", "About advertizing", "About financial services and finance companies", “About payment services”.

2. This Provision determines requirements for banks of rather information support of clients - physical persons (further - informing the client) about conditions and procedure for provision by banks of banking and other financial services, including financial payment services which state regulation of the market is performed by the National Bank of Ukraine (further - banking service), by placement of information on banking services on all own websites of bank (further - own website of bank), advertizing distribution, and also informing during use of banking services.

Requirements of this provision do not extend to informing clients - subjects of business activity, persons who carry out independent professional activity, and legal entities.

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

1) informing the client - informing the client by bank on conditions and procedure for provision by bank of banking services (including packet of banking services), and also provision of other information determined by this Provision and internal documents of bank by placement of such information on own website of bank, advertizing distribution, and also provision of information during use of banking services;

2) the essential characteristic of banking service - the data and/or data on banking service determined by this Provision and internal documents of bank;

3) the calculator - the tool which is posted on own website of bank for calculation of costs or the income from banking service taking into account the conditions chosen by the client this from service in provision of consumer loan and attraction by bank in deposits (deposits) of means and bank metals;

4) the client - physical person which addresses to bank behind acquisition of banking service or using it;

5) incomplete information on activities of bank in the sphere of banking services - insufficient information on activities of bank on amount or completeness in the sphere of banking services which, on professional judgments of the National Bank of Ukraine, enters or can mislead the client concerning decision making about acquisition of banking service;

6) false information about activities of bank in the sphere of banking services - information which is not true [contains data or specifies events (facts) which did not exist in general or which existed, but the information about them is not true], the incomplete or distorted information;

6-1) main text of advertizing text placed on advertizing prototype between heading/subtitle and details of the advertiser or under heading/subtitle in case of placement of details of the advertiser at the beginning of advertizing prototype or on fields of the advertizing plane;

7) packet of banking services - the offer of bank to acquire together two or more separate banking services which can be acquired separately;

8) misstatement of information on activities of bank in the sphere of banking services - exaggeration or underestimation of information on activities of bank in the sphere of banking services which, on professional judgments of the National Bank of Ukraine, enters or can mislead the client concerning decision making about acquisition of banking service;

9) distribution of false information about activities of bank in the sphere of banking services - placement is direct bank or to order bank on own website of bank and/or in advertizing of information which is false;

10) professional judgment of the National Bank of Ukraine - the conclusion and/or assessment of the National Bank of Ukraine of the facts, events, circumstances, faces based on knowledge and experience of the National Bank of Ukraine in the sphere of bank regulation and supervision, practical application of provisions of the legislation of Ukraine, and also on the complex and comprehensive analysis:

information and documents on provision of the banking services posted on own website of bank;

information concerning provision of banking services by distribution of advertizing in any form and in any manner;

the internal documents of bank determining procedure for informing clients;

information and documents which are available for the National Bank of Ukraine including received as a result of implementation of banking supervision by it;

information from open sources.

11) the advertiser's details - reference information about the advertiser and his separate divisions which contains in the advertizing message and is contact information. The following information about the advertiser and his separate divisions belongs to details of the advertiser: address, phone/fax, e-mail, mobile application, website, working schedule, Contact person, permissions, licenses, certificates, certificates;

12) advertizing prototype - graphic, visual (animation), sound design the notification on financial institution, its activities and financial services distributed to consumers of advertizing in printing or electronic form;

13) system of remote servicing - set of channels of remote electronic servicing [phone, messenger, the ATM, the device with function of acceptance of cash (cash-in), the mobile application, the Internet and other means connected with electronic communication network] which without simultaneous physical presence of the consumer and the service provider provide provision to the consumer of financial, payment or other services.

Other terms which are used in this Provision are used in the values determined by the Laws of Ukraine "About banks and banking activity", "About addresses of citizens", other laws of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

4. The bank bears responsibility for relevance and accuracy of the information which is provided during informing the client. The bank provides completeness and clearness of this information.

The bank develops and implements the internal documents determining procedure for informing clients.

5. The bank performs informing the client with observance of requirements of the Law of Ukraine "About ensuring functioning of Ukrainian as state”.

6. The bank performs informing the client regarding distribution of advertizing taking into account requirements of the legislation on advertizing, consumer crediting, the legislation of Ukraine regulating activities in the payment market and activities for provision of financial services.

7. The bank has no right during informing the client to distribute inveracious information on activities of bank in the sphere of banking services.

7-1. The National Bank applies the professional judgment in case of determination of the fact that the incomplete or distorted information on activities of bank in the sphere of banking services is such which enters or can mislead the client concerning decision making about acquisition of banking service.

8. The bank in case of use of information of the third parties [results of researches, ratings, classifications or other similar data in sense (further - researches)] provides to the client the following information: surname, name, middle name or the name of person which executed research, date of research, information on the name of the edition in which results of research are published (in the presence).

9. The bank during informing the client on own website about service in provision of consumer loan or attraction of bank deposit (deposit) provides placement of warnings of possible consequences for the client in case of use of this banking service or failure to carry out of obligations by it according to the agreement on provision of this banking service on each web page of the website with information on such service and conditions of its provision in the form of the text block (paragraphs), the following (following) under the terms of service.

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