of December 28, 2020 No. 169
About approval of the Regulations on implementation of permanent supervision by the National Bank of Ukraine in the markets of non-bank financial services
According to part one Item 8-1 of Article 7, to articles 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 20, of 21, of 28, 29 Laws of Ukraine "About financial services and state regulation of the markets of financial services", to Articles 35 - 37 Laws of Ukraine "About insurance", article 26 of the Law of Ukraine "About credit unions", article 5 of the Law of Ukraine "About consumer crediting", for the purpose of settlement of procedure by the National Bank of Ukraine of supervision of activities in the markets of non-bank financial services in the form of permanent supervision the Board of the National Bank of Ukraine DECIDES:
Approved by the Resolution of Board of the National Bank of Ukraine of December 28, 2020 No. 169
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About financial services and state regulation of the markets of financial services" (further - the Financial services act), "About insurance", "About credit unions", "About consumer crediting" taking into account provisions of the Directive 2013/36/EU of the European Parliament and Council of June 26, 2013 about access to activities of credit institutions and prudential supervision in relation to credit institutes and investment firms which make changes to the directive 2002/87/EU and terminate Directives 2006/48/EU and 2006/49/EU, and also Directives 2009/138/EU of the European Parliament and Council of November 25, 2009 about the beginning and conducting activities in the sphere of insurance and reinsurance (Solvency of II), for the purpose of establishment by the National Bank of Ukraine (further - National Bank) according to the procedure of implementation of supervision in the markets of non-bank financial services in the form of permanent supervision and taking into account the principles determined in Article 3-1 and part one of Article 29 of the Financial services act.
2. Terms in this Provision are used in such value:
1) permanent supervision - form of implementation by National Bank of supervision of observance by objects of permanent supervision of requirements of the laws of Ukraine and other regulatory legal acts regulating activities for provision of non-bank financial services, and also the relations arising in connection with consumer protection of such financial services (further - the regulatory legal acts regulating activities for provision of non-bank financial services), without their visit in the location;
2) the address of object of permanent supervision / the responsible person of non-bank financial group (further - the address) - the e-mail address of object of permanent supervision specified in the State register of financial institutions, other registers of persons which are not financial institutions, but have the right to provide separate financial services which conducts National Bank, or the e-mail address of the responsible person of non-bank financial group specified in the documents provided by such person to National Bank according to requirements of the legislation of Ukraine concerning supervision on the consolidated basis;
3) objects of permanent supervision - participants of the market of non-bank financial services [non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services (further - face which is not financial institution), persons who provide intermediary services in the markets of financial services, physical persons entrepreneurs who provide the financial services registered according to the legislation of Ukraine permanent missions in form of branches of foreign insurance companies which also obtained in accordance with the established procedure the license for implementation of insurance activity] and non-bank financial groups, state regulation and supervision of which activities is exercised by National Bank;
4) authorized officer of National Bank - The chairman of National Bank, his first deputy and vice-chairmen of National Bank, the head of the structural unit of National Bank to which functions implementation of supervision of activities of participants of the markets of non-bank financial services, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or persons fulfilling them duties belongs.
Other terms which are used in this Provision are used in the values given in the legislation of Ukraine.
3. The National Bank exercises permanent supervision according to requirements of the Law of Ukraine "About the National Bank of Ukraine", the Financial services act, this provision, other regulatory legal acts regulating activities for provision of non-bank financial services, on purpose:
1) supervision (control) of observance by objects of permanent supervision of conditions of implementation of activities for provision of financial services and obligatory criteria and capital adequacy ratios and solvency, liquidity, profitability, quality of assets and risk-taking of transactions, rules of provision of the financial services and other indicators and requirements limiting risks on transactions with financial assets;
2) control of the accuracy of the information provided by objects of permanent supervision;
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