RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of January 22, 2021 No. 7

About approval of the Regulations on additional requirements to agreements on provision of the financial services and financial payment services concluded by banks with consumers

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 the financial services and financial payment services concluded by banks with consumers (further - the Provision), it 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.

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

Approved by the Resolution of Board of the National Bank of Ukraine of January 22, 2021 No. 7

Regulations on additional requirements to agreements on provision of the financial services and financial payment services concluded by banks with consumers

I. General provisions

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 finance companies" (further - the Financial services act), "About payment services" (further - the Law on payment services).

2. This Provision determines additional requirements to agreements on provision of financial (bank) services and financial payment services (further - financial services), including individual part of the agreements of accession on rendering financial services signed by banks with consumers of financial services (further - agreements) who are not determined by the Civil code of Ukraine (further - the Civil Code of Ukraine), the Law on crediting, the Financial services act, the Law on payment services 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 provision to consumers of financial services (further - the consumer) such as:

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;

4) financial payment services (except adjacent to the service specified in the subitem 2 of Item 2 of the Section I of this provision).

Requirements of this provision do not extend to public part of agreements of accession on provision of financial services.

3. Terms in this Provision are used in such values:

1) the electronic copy of copy of the agreement signed in the form of the paper document) - the visual representation of the paper agreement electronically gained by scanning (photography) of the paper agreement;

1-1) verified copies of the agreement copy of the agreement containing details which give it legal force of the original;

2) the communication channel - the channel which provides to bank transfer to information user or distribution of advertizing about its services, including mass media (television, radio, periodic printing editions, the Internet, blogs, online platforms), social networks, payment, including mobile, appendices, phone calls, interactive voice calls (in English of InteractiveVoiceResponse, IVR - calls on telephone number of the consumer with automatic reproduction of audioroller and, in case of technical capability, the subsequent access for the consumer in details of information read to it through the special menu by means of pressing of keys in tone mode or voices), outdoor advertizing (billboards, posters, video walls, extensions, announcements and other similar advertizing media), channels of remote electronic servicing [phone, messenger, the ATM, the device with function of acceptance of cash (cash-in), the Internet and other means connected with electronic communication network], except own websites of bank;

3) mobile appendix - the computer program (software) intended for work on mobile devices by means of which through the Internet provision of financial and/or payment services is performed;

4) agreement copy - original copy of the agreement for each agreement party.

The terms "verified copy", "not permitted copy" are used in the values determined by the National standard of Ukraine DSTU 2732:2004 "Clerical work and archiving. Terms and determinations", the approved order of the State committee of Ukraine concerning technical regulation and consumer policy of May 28, 2004 No. 97 (with changes).

Other terms in this Provision are used in the values given in the Law on banks, the Financial services act, the Law on crediting and the Law on payment services.

II. Additional requirements to agreements

4. The agreement is stated with observance of the technical requirements to agreements specified in appendix to this Provision.

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