of March 26, 2020 No. 39
About features of application of requirements of the Regulations on determination by banks of Ukraine of the extent of credit risk for active banking activities in connection with introduction of rationing arrangements
According to Articles 7, 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 44, 49, 66 Laws of Ukraine "About banks and banking activity", in connection with establishment by the resolution of the Cabinet of Ministers of Ukraine of March 11, 2020 No. 211 "About prevention of distribution in the territory of Ukraine sharp respiratory disease of COVID-19, of SARS-CoV-2 caused by coronavirus" (with changes) quarantine and introduction of the restrictive actions connected with spread of koronavirusny disease (COVID-19), for the purpose of minimization of negative impact of such restrictions for bank system, financial stability and economy of Ukraine the Board of the National Bank of Ukraine DECIDES:
1. To banks of Ukraine during application of requirements of the Regulations on determination by banks of Ukraine of the extent of the credit risk for active banking activities approved by the resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351 (with changes) (further - the Provision) to permit:
Not to apply 1) till January 1, 2021 in case of determination of class of debtors/partners:
Item 6 of the Section I of the Provision regarding use of information which is available in the Credit register of the National Bank of Ukraine;
subitem 7 of Item 22 of the Section II, subitem 6 of Item 59 of the Section IV, subitem 5 of Item 67-3 of the Section IV-1, subitem 5 of Item 79 of the Section V, subitem 4 of Item 96 of the Section VII, subitem 4 of Item 106 of the Section IX, subitem 4 of Item 132 of the Section XI, subitem 6 of Item 156 of the Section XVI of the Provision;
2) for action of quarantine and introduction of the restrictive actions connected with spread of koronavirusny disease (COVID-19) (further - quarantine) and within 30 calendar days after its cancellation to stop counting of time for determination of frequency of implementation by bank by the determined subitems 2 and 4 of Item 107 of the Section X of the Provision of revaluation and verification of presence and fortune of the property which is come into in pledge/providing based on the right of confidential property / asset transferred by bank to financial leasing (lease) it is considered as pledge. The bank continues counting of the terms specified in subitems 2 and 4 of Item 107 of the Section X of the Provision since 31 calendar days from the date of cancellation of quarantine taking into account time which passed before its establishment;
3) till July 1, 2022 to apply measure value "short-term and long-term obligations [f. 1 (p. 1510 + p. 1515 + + p. 1600 + p. 1610 - p. 1165 gr. 4) or t. the 1st (1-ts) (p. 1595 + p. 1600 + p. 1610 - p. 1165 gr. 4)] to operating profit (loss) to depreciation deduction [f. 2 (p. 2190 - p. 2195 + p. 2515 gr. 3)] / operating profit (loss) from sales of products (goods, works, services) [f. the 2nd (2 ms) (p. 2000 – p. 2050 gr. 3)] for the end of the last accounting period", Item 162 of the Section XVII of the Provision established by the subitem 4, - more than 7;
4) not to apply the signs determined in subitems 2, of the 10 and 18 Item 165, subitems 1 - 4 Items 166 of the Provision of the Section XVIII, during determination of class of debtors/partners (except debtors/partners whose class taking into account requirements of Items 24 - the 26th Section II of Provisions is determined by bank as of March 1, 2020 as 10, 2 and 5) with conditions of the agreements signed with debtors/partners to whom the changes connected with debt restructuring in case of simultaneous observance of the following conditions are made:
the necessity of debt restructuring caused by financial difficulties of the debtor/partner owing to introduction of quarantine and because of spread of koronavirusny disease;
debt restructuring of debtors/partners is performed by bank during the period from March 12 to September 30, 2020 and/or
debt restructuring of debtors/partners (except debtors - physical persons on the credits on which there is no pledge or subject of pledge the property other, than subject of mortgage and/or the acquired vehicles answering to the eligibility criterions determined in the Section X of the Provision is) is performed by bank during the period from October 01 to November 30, 2020;
the bank based on judgment proved feasibility of implementation of long-term debt restructuring, based on assessment of capability of the debtor/partner to overcome financial difficulties, to resume debt servicing and its repayment (in the temporary horizon determined by restructuring conditions);
the changes connected with debt restructuring do not lead to reduction of the amount of the net present value of the expected cash flows on asset expected according to regulatory legal acts of the National Bank of Ukraine concerning financial accounting, more than 10% in comparison with the amount determined under the terms of the agreement which affected the date of entry into force of this resolution.
5) in case of application of the subitem 2 of Item 132 of the Section XI of the Provision to include the credit the changes connected with debt restructuring which corresponds to the conditions determined in the subitem 4 of Item 1 of this resolution which provide that frequency and/or amount of debt repayment by the debtor is less than monthly or quarterly, and/or in amount smaller, than amount of the income which will be recognized bank according to regulatory legal acts of National Bank on financial accounting are made to the agreement on which provision;
6) till January 4, 2022 during determination of class of the debtor - budgetary institution not to apply information of rather actual accomplishment of revenues of the budget from planned extent of 2020.
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