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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 4, 2020 No. 73

About some questions of activities of banks and banking groups

According to Articles 6, 7, 15, 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 9, 66, 67, 73 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 restrictive actions for prevention of origin and spread of koronavirusny disease (COVID-19) (further - quarantine) for the purpose of minimization of negative impact of such restrictions for bank system, financial stability and economy of Ukraine, for the purpose of maintenance of the Board of the National Bank of Ukraine DECIDES: financial system

1. Corrective actions for violation of standard rates of the capital, liquidity, credit risk, restriction on transactions between bank and the faces tied with the investor on subordinated debt, the banks established by the Instruction about procedure for regulation of activities in Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 28, 2001 No. 368, registered in the Ministry of Justice of Ukraine on September 26, 2001 for No. 841/6032 (with changes), are not applied to banks, except bank which from Date of Introduction of quarantine performed profit distribution for 2019 by dividend payout (except for if dividend payout is performed according to preferred shares or if the paid dividends in full are directed to increase in the authorized capital of bank) if such violations are caused by negative impact of quarantine for indicators of activities of bank and/or its debtors / partners and do not correspond to criteria, provided in Items 1, 4 Articles 75, Item 2 parts one of article 76 of the Law of Ukraine "About banks and banking activity".

2. Corrective actions for failure to provide of observance by banking group of the requirement for sufficiency of the regulatory capital, the economic standard rates of liquidity, credit risk established by the Regulations on procedure for regulation of activities of banking groups approved by the resolution of Board of the National Bank of Ukraine of June 20, 2012 No. 254, registered in the Ministry of Justice of Ukraine on July 12, 2012 for No. 1178/21490 (with changes), are not applied to the responsible person of banking group if such violations are caused by negative impact of quarantine for indicators of activities of banking group and/or debtors/partners of members of banking group.

3. To bank / to the responsible person of banking group in which/which activities the violations specified in Items 1, 2 presents of the resolution are revealed:

1) within five working days:

from the date of assumption of violation/increase in the amount of violation to give reasonable opinion on the reasons of violation/increase in the amount of violation to the National Bank of Ukraine;

from the date of entry into force of this resolution to give to the National Bank of Ukraine reasonable opinion on the reasons of violations which arose during the period from the date of introduction of quarantine about day of entry into force of this resolution;

2) within 30 calendar days:

from the date of violation to submit to the National Bank of Ukraine the actions plan concerning elimination of the allowed violations (further - the Actions plan) / died the plan for maintenance or recovery of level of the capital (further - the Program of capitalization);

from the date of entry into force of this resolution to submit to the National Bank of Ukraine the Plan actions/program of capitalization for elimination of violations which arose during the period from the date of introduction of quarantine about day of entry into force of this resolution.

The actions plan shall include:

terms of accomplishment of the planned actions for reduction of values of economic standard rates, amount of transactions between bank and the faces tied with the investor on subordinated debt, to ensuring sufficiency of the regulatory capital in compliance with the requirements established by regulatory legal acts of the National Bank of Ukraine;

the monthly realistic schedule with indicators of rather gradual reduction of values of economic standard rates to normative values and elimination of other allowed violations specified in Items 1, 2 presents of the resolution.

The actions plan affirms governing body of bank / the responsible person of banking group according to the powers established by the charter.

The program of capitalization is constituted according to requirements of the Section III of the Provisions on application of corrective actions by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 17, 2012 No. 346, registered in the Ministry of Justice of Ukraine on September 17, 2012 for No. 1590/21902 (with changes).

The plan actions/program of capitalization is developed taking into account the existing plans/agreements (in case of their availability).

Bank / the responsible person of banking group within ten working days from the date of assumption of violation/increase in the amount of the violation specified in Items 1, 2 presents of the resolution shall/shall submit to the National Bank of Ukraine the updated Plan of actions / the updated Program of capitalization.

4. The committee on questions of supervision and regulation of activities of banks, supervision (oversight) of payment systems (further - Committee on questions of supervision) considers the actions/program of capitalization which are provided/submitted bank / the responsible person of banking group the Plan within ten working days from the date of its obtaining concerning his / her realness, efficiency, compliance to requirements of the National Bank of Ukraine and makes the decision on his / her acceptability, or on provision to bank / to the responsible person of banking group of reasonable notes which are obligatory for accounting.

5. To bank / to the responsible person of banking group:

1) within five working days from the date of receipt of the decision of Committee on questions of supervision with notes to the Plan to actions/program of capitalization to submit the actions/program of capitalization which are finished/finished taking into account such notes Plan to the National Bank of Ukraine;

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