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The document ceased to be valid since  January 1, 2024 according to Item 2 of the Resolution of Board of the National Bank of Ukraine of December 14, 2023 No. 162

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

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

(as amended on 31-03-2023)

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:

1. Approve Regulations on implementation of permanent supervision by the National Bank of Ukraine in the markets of non-bank financial services which are applied.

2. The resolution becomes effective from the date of, its official publication following behind day.

Chairman

K. Shevchenko

Approved by the Resolution of Board of the National Bank of Ukraine of December 28, 2020 No. 169

Regulations on implementation of permanent supervision by the National Bank of Ukraine in the markets of non-bank financial services

I. General provisions

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 financial mechanisms of stimulation of export activities" (further - the Law on EKA), 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 institutes and prudential supervision in relation to credit institutes and investment firms that makes changes to the directive 2002/87/EU and terminates Directives 2006/48/EU and 2006/49/EU, and also the Directive 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) supervision procedure in the markets of non-bank financial services in the form of permanent supervision and taking into account the principles determined in part one of Article 29 of the Financial services act.

2. Terms in this provision are used in the following values:

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/or regulatory legal acts which establish requirements to objects of permanent supervision, the financial services performing activities for provision conditions of implementation of activities for provision of financial services including activities of Export credit agency (further - EKA) which implementation requires the corresponding license (licensed conditions) (further - regulatory legal acts in the sphere of non-bank financial services), without their visit on the location;

2) the e-mail address of object of permanent supervision / the responsible person of non-bank financial group for implementation of official communication with National Bank (further - the e-mail address) - the e-mail address of object of permanent supervision provided to National Bank according to the procedure, determined in the regulatory legal act of National Bank which regulates questions of licensing and registration of suppliers of financial services and condition of implementation by them of activities for provision of financial services, or in normative legal act of the National Bank regulating activities of EKA, 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) negative tendencies in activities of objects of permanent supervision - negative dynamics concerning assets, transactions, activities that can demonstrate deterioration in financial condition and/or inadequate accomplishment of agreement obligations about provision of financial services, including insurance contracts, reinsurance, provision of guarantees for EKA (further - agreements on provision of financial services);

4) objects of permanent supervision - participants of the market of non-bank financial services [non-bank financial institutions, including the ESA, legal entities who are not financial institutions, but have the right to provide separate financial services (further - face which is not financial institution), the persons providing intermediary services in the markets of financial services, the physical persons entrepreneurs providing 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;

5) positive tendencies in activities of objects of permanent supervision - positive dynamics concerning assets, transactions, activities that can demonstrate improvement of financial condition and/or proper accomplishment of agreement obligations about provision of financial services;

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