of December 29, 2020 No. 171
About approval of the Regulations on control of activities of bureau of credit histories
According to Articles 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 16 of the Law of Ukraine "About the organization of forming and the address of credit stories", to the Law of Ukraine of September 15, 2020 No. 891-IX "About introduction of amendments to some laws of Ukraine of rather consumer crediting and forming and the address of credit stories", for the purpose of determination of procedure of control of activities of the bureau of credit histories Board of the National Bank of Ukraine DECIDES:
1. Approve Regulations on control of activities of bureau of credit histories which are applied.
2. 2 appendices to the resolution of Board of the National Bank of Ukraine of June 25, 2020 No. 86 "About ensuring implementation of powers and accomplishment of functions of state regulation and supervision in the sphere of the markets of financial services in questions of conducting checks of activities of participants of the markets of financial services" to exclude Item.
3. Declare invalid the order of the National commission performing state regulation in the sphere of the markets of financial services, of October 21, 2019 No. 2038 "About approval of the unified form of the Statement which is drawn up by results of holding planned (unplanned) action of the state supervision (control) for observance by the subject of managing of requirements of the legislation in the sphere of implementation of economic activity on collection, processing, storage, protection, use of information which constitutes credit history", registered in the Ministry of Justice of Ukraine on December 17, 2019 for No. 1253/34224.
4. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Dmitry Sologub.
Approved by the Resolution of Board of the National Bank of Ukraine of December 29, 2020 No. 171
1. This Provision is developed according to requirements of the Laws of Ukraine "About the National Bank of Ukraine", "About the organization of forming and the address of credit stories" (further - the Law) and determines procedure of control of activities of bureau of credit histories (further - Bureau) the National Bank of Ukraine (further - National Bank).
2. The terms used in this Provision are applied in the values determined in the Law.
3. The National Bank exercises control of activities of Bureau relatively:
1) compliance of activities of Bureau to requirements of the Law, this provision and provision of Bureau;
2) target use of Bureau of information according to the Law containing in credit history by reorganization or liquidation of Bureau.
4. The National Bank exercises control of activities of Bureau by monitoring (without visit the Bureau location) and information analysis, documents (their copies), written explanations which are available for National Bank in connection with accomplishment by it of the functions and powers including information and explanations received by National Bank according to article 57 of the Law of Ukraine "About the National Bank of Ukraine".
5. The National Bank within the powers has the right to obtain from Bureau information on its activities and explanations of rather acquired information.
6. National Bank by results of control of activities of Bureau:
1) is drawn up by the control act behind activities of bureau of credit histories (further - the Act) in the form established in appendix to this Provision;
2) according to requirements of the Law addresses to Bureau with the written warning of the termination of the violation revealed by results of control and acceptance of necessary measures for its elimination (further - written caution) in case of establishment of violations of requirements of the Law, this provision and/or provision of Bureau.
7. The statement is drawn up in duplicate and signed by workers/employees of structural division of National Bank to which control of activities of Bureau which (which) directly performed (exercised) control, and the head of this division is assigned.
8. The National Bank within five working days from the date of creation of the Act directs or transfers Bureau (under list of the head of Bureau or other authorized employee of Bureau) together with the cover letter taking into account the requirements about document transfer established by National Bank to National Bank the first copy of the Act for acquaintance and signing by the head of Bureau (person fulfilling its duties).
The bureau no later than the fifth working day from the date of receipt of the Act returns to National Bank signed (with indication of signature date) the head of Bureau (person fulfilling its duties) the first copy of the Act. The National Bank after receipt of the first copy of the Act sends its second copy to Bureau.
The act is considered the brought to the attention Bureau, in case of non-return of Bureau in the time of its first copy or return established according to requirements of Item 8 of this provision its unsigned. The National Bank in case of non receipt from Bureau of the first copy of the Act in the time determined by this Provision until its obtaining for further work uses its second copy.
9. The bureau together with the first copy of the Act has the right to provide to National Bank of explanation or reasonable objections concerning circumstances, the facts of violations (in the presence) in writing with obligatory documentary confirmation.
10. The National Bank in case of establishment of violations in activities of Bureau and taking into account explanations or objections of Bureau (in the presence) directs to Bureau written caution in which specifies term, during which Bureau:
1) shall take necessary measures for violation elimination, stop such violation;
2) is notified by National Bank on the taken measures for elimination of violation and on the violation termination.
Evasion from accomplishment or untimely accomplishment of Bureau of written caution of National Bank is the basis for application to Bureau of the financial sanction according to requirements of the Law.
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