DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of September 21, 2020 No. 1715

About approval of the Regulations on procedure for creation, registration of share issue, issue of the banking license to transitional bank

According to Item 10 parts one, Article parts six 12, parts twelve of Article 41-1, of part six of article 42 of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits of RESHILA:

1. Approve Regulations on procedure for creation, registration of share issue, issue of the banking license to transitional bank which is applied.

2. To provide to department of methodology and strategic planning together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

3. This decision becomes effective from the date of, its official publication following behind day.

4. To provide to department of public relations and financial education placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.

5. Control over the implementation of this decision to leave for the managing director.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of September 21, 2020 No. 1715

Regulations on procedure for creation, registration of share issue, issue of the banking license to transitional bank

I. General provisions

1. This Provision establishes stages of creation of transitional bank, feature of registration by the National commission on securities and the stock market of share issue, the list of the documents necessary for the registration of share issue, the requirement to document creation provided for registration of share issue and also the procedure of issue of the banking license.

2. In this Provision the terms below are used in such values:

the investor, transitional bank, the settlement plan - in the values given in the Law of Ukraine "About system of guaranteeing household deposits" (further - the Law);

the banking license, goodwill, the authorized capital of bank, systemically important bank - in the values given in the Law of Ukraine "About banks and banking activity".

3. The fund makes the decision on creation of transitional bank for the purpose of realization of the methods of conclusion of insolvent bank from the market provided by Items 2, 3 and 4 parts two of article 39 of the Law for the term determined by part of the twentieth article 42 of the Law.

4. Founder of transitional bank is the Fund.

5. The Fund makes the decision on creation of transitional bank on the basis:

1) the approved settlement plan which provides creation of transitional bank according to Item of 1 part of the twentieth article 42 of the Law and receipt of the commitment letter of the investor concerning acquisition of transitional bank, or

2) the approved settlement plan which provides creation of transitional bank according to Item 2 parts of the twentieth article 42 of the Law, or

3) decisions of Fund on need of creation of transitional bank for transfer of all or part of property (assets) and all or part of obligations (with preserving priority, certain article 52 of this Law) systemically important bank and receipt of coordination of the National Bank of Ukraine;

4) decisions of the Cabinet of Ministers of Ukraine on participation of the state in conclusion of insolvent bank from the market according to the procedure, stipulated in Item 4 parts two of article 39 of the Law, and the approved settlement plan, or

5) decisions of the Cabinet of Ministers of Ukraine with the offer on creation of transitional bank by Fund for opportunity further applications of method of conclusion of insolvent bank from the market determined by item 4 of part two of article 39 of the Law.

6. The transitional bank is created in the form of private joint-stock company.

7. The authorized capital of the transitional bank created according to Item of 1 part of the twentieth article 42 of the Law shall conform to the minimum requirements to the authorized capital of joint-stock company.

The authorized capital of the transitional bank created according to Item 2 parts of the twentieth article 42 of the Law shall conform to the minimum requirements to the authorized capital of banks.

8. The fund for formation of transitional bank shall perform payment of shares, carry out its state registration and register share issue.

State registration of transitional bank is performed according to the Law of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming" taking into account requirements of the Law and this provision.

9. Formation of transitional bank is performed on the following stages:

1) coordination of the draft of the charter of the transitional bank formed according to Item 2 parts of the twentieth article 42 of the Law, the National Bank of Ukraine (except transitional bank which is created based on the decision of the Cabinet of Ministers of Ukraine according to article 41-1 of the Law);

2) adoption of decisions by Fund relatively:

creations of transitional bank and release of its shares;

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