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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 14, 2021 No. 30

About approval of the Regulations on requirements to structure of property of suppliers of financial services

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 21, of 27, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of establishment of requirements to structure of property of non-bank financial institutions and faces which are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision the National Bank of Ukraine, the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on requirements to structure of property of suppliers of financial services (further - the Provision) which are applied.

2. To non-bank financial institutions (except credit unions) and to faces which are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision the National Bank of Ukraine (further - suppliers of financial services), within two months from the date of entry into force of this resolution:

1) to file to Department of licensing of the National Bank of Ukraine the documents on the structure of property determined in Provision Item 34, in shape and method, provided in Provision Item 35, as of date of submission of these data to the National Bank of Ukraine, and also in case:

discrepancies of the structure of property to requirements of the Provision - the description of actions for reduction of the structure of property in compliance with requirements of the Provision or

compliance of the structure of property to requirements of the Provision - written assurance about compliance of their structure of property to requirements of the Provision;

2) to place data on the structure of property according to appendices 2, 3 to the Provision, and also the schematic image of structure of property of the supplier of financial services determined by the Provision on own website on the Internet to condition for date of submission of these data to the National Bank of Ukraine.

3. To suppliers of financial services which submitted to the National Bank of Ukraine the description of actions for reduction of the structure of property in compliance with requirements of the Provision, within six months from the date of entry into force of this resolution to provide reduction of the structure of property in compliance with requirements of the Provision and to give to the National Bank of Ukraine written assurance about their compliance to requirements of the Provision.

4. To owners of essential participation and key participants in structure of property of the supplier of financial services within one month from the date of entry into force of this resolution to provide to the supplier of financial services of the information about itself, necessary for accomplishment by the supplier of financial services of requirements of the Provision.

5. To department of methodology of regulation of activities of non-bank financial institutions (Olga Gurbich) after official publication to inform suppliers of financial services information on adoption of this resolution.

6. 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 April 14, 2021 No. 30

Regulations on requirements to structure of property of suppliers of 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) and determines requirements to structure of property of non-bank financial institutions, faces which are not financial institutions, but have the right to provide separate financial services, and legal entities who intend to perform activities for provision of financial services, regulation and of which exercises supervision the National Bank of Ukraine (further - the supplier of financial services), and procedure for submission by them of data on structure of property in the National Bank of Ukraine (further - National Bank).

Requirements of this provision do not extend to banks and credit unions.

2. Suppliers of financial services represent to National Bank of the data on the structure of property according to the procedure, determined by this Provision.

3. The terms used in this Provision are used in such value:

1) the beneficial property right in trust design (further - the beneficial property right) - the right to any benefit and/or the income from trust design;

2) decisive influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized capital or voting powers according to shares, share in the authorized capital of the legal entity in the amount of 50 or more percent, and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

3) the responsible person of the supplier of financial services (further - the responsible person) - physical person which provides forming and provision of complete and reliable information about structure of property of the supplier of financial services in National Bank, and also implementation of constant control behind its compliance to requirements of this provision;

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