of January 22, 2021 No. 7
About approval of the Regulations on additional requirements to agreements on provision of financial services
According to Articles 7, 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 55, 56 Laws of Ukraine "About banks and banking activity", to Articles 6, 12 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of ensuring protection of the rights and consumer interests of financial services, their equal opportunities for access to the markets of financial services, and also control of transparency and openness of the markets of the financial services Board of the National Bank of Ukraine DECIDES:
1. Approve Regulations on additional requirements to agreements on provision of financial services (further - the Provision) which is applied.
2. To banks of Ukraine within three months from the date of entry into force of this resolution to bring the activities into accord with requirements of the Provision.
3. (Olga Lobaychuk) after official publication of this resolution to provide to management of consumer protection of financial services bringing to data of banks of information on its acceptance.
Approved by the Resolution of Board of the National Bank of Ukraine of January 22, 2021 No. 7
1. This Provision is developed according to requirements of the Laws of Ukraine "About banks and banking activity" (further - the Law on banks), "About the National Bank of Ukraine", "About consumer crediting" (further - the Law on crediting), "About financial services and state regulation of the markets of financial services" (further - the Financial services act).
2. This Provision determines additional requirements to agreements on provision of financial (bank) services (further - financial services), including individual part of the agreements of accession on rendering financial services signed by banks with consumers of the financial services (further - agreements) which are not determined by the Civil code of Ukraine (further - the Civil Code of Ukraine), the Law on crediting, the Financial services act and other laws of Ukraine which contain regulations of rather contractual relations regarding provision of financial services.
Requirements of this Provision extend to agreements on rendering financial services to consumers (further - the consumer) the following services:
1) attraction in deposits (deposits) of means and bank metals;
2) opening and maintaining current accounts, including in bank metals, and accounts of conditional storage (eskro);
3) provision of consumer loan.
Requirements of this provision do not extend to public part of agreements of accession on provision of financial services.
4. Agreements shall contain:
1) the description of the financial service provided by this Provision provided to the consumer (further - the description);
2) specifying that the agreement party which violated obligations is exempted from responsibility for violation of the obligation if she proves that this violation happened owing to case or force majeur circumstances (force majeure circumstance) which are certified by Chamber of Commerce and Industry of Ukraine and regional Chambers of Commerce and Industry authorized by it;
3) specifying of subject of pledge (except the agreement which according to the Law of Ukraine "About pledge" shall provide specifying of subject of pledge), data on carrying out/not carrying out its assessment (with indication of by whom it is carried out, with what frequency and who pays its carrying out) (if pledge is provided by the laws of Ukraine for the corresponding agreement type);
4) instruction of consequences of non-execution or improper execution of obligations by bank for the service provision agreement for attraction in deposits (deposits) of means and bank metals, to opening and maintaining current accounts, including in bank metals, and accounts of conditional storage (eskro);
5) information on availability at the consumer of the right to refuse or terminate the agreement or to stop according to its requirement of agreement obligation, and also condition and procedure for realization of such right by the consumer unilaterally, inclusive with the term during which the consumer has the right to use such right of surrender (if such right is provided by the laws of Ukraine for the corresponding agreement type);
6) the list of additional services of bank and services of the third parties which the consumer acquires within the agreement;
7) specifying of procedure for informing the consumer on changes in rates and conditions of provision of service concerning which the agreement is signed and the channel of informing (if such informing is provided by the laws of Ukraine for the corresponding agreement type);
8) information on authorized state bodies to which according to the legislation of Ukraine has the right to address the consumer concerning consumer protection of financial services;
9) information on procedure for the address of the consumer concerning accomplishment of terms of the contract by the parties in bank.
5. Agreements until their signing by the consumer shall be filled in in all fields provided for introduction of information which cannot be changed after signing by the consumer.
6. The term of the contract which on content belongs to one Section of the agreement shall not be stated in other Section (does not concern condition which is concretized by condition in other Section of the agreement).
7. Provision (condition) of agreements are stated:
1) with use of font:
fonts of Arial, Verdana, Tahoma, Times New Roman or one that are approved brendbuky bank (except for decorative and cursive);
size at least 11 printing Items;
2) with line spacing is at least unary;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.