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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 9, 2021 No. 76

About approval of the Regulations on implementation by the National Bank of Ukraine of supervision of observance of requirements for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior)

According to Item 34-1 of Article 7, to Articles 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 5, 26 Laws of Ukraine "About consumer crediting", article 21 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", to the Law of Ukraine of March 19, 2021 No. 1349-IX "About introduction of amendments to some laws of Ukraine concerning consumer protection in case of settlement of overdue debt", for the purpose of implementation of supervision of observance by banks, other financial institutions, faces which are not financial institutions, but have the right to provide separate financial services, and the collection companies of the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on implementation by the National Bank of Ukraine of supervision of observance of requirements for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) which is applied.

2. To impose control over the implementation of this resolution on the Chairman of National Bank Kirill Shevchenko.

3. The resolution becomes effective since July 14, 2021.

Acting as Chairman

Yu.Gelety

Approved by the Resolution of Board of the National Bank of Ukraine of July 9, 2021 No. 76

Regulations on implementation by the National Bank of Ukraine of supervision of observance of requirements for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior)

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About consumer crediting" (further - the Law on consumer crediting), "About financial services and state regulation of the markets of financial services", other laws of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank) concerning regulation in the sphere of consumer crediting in case of settlement of overdue debt (the requirement of rather ethical behavior) [further - the legislation on interaction with consumers of financial services and other persons in case of settlement of overdue debt (the requirement of rather ethical behavior)], for the purpose of implementation by National Bank of supervision of observance by objects of supervision of the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) (further - supervision of observance of requirements of rather ethical behavior).

2. Terms in this Provision are used in such value:

1) permanent supervision of observance of requirements of rather ethical behavior (further - permanent supervision) - form of implementation by National Bank of supervision of observance by the creditor, the new creditor, the collection company of the requirements for interaction established by the legislation with consumers of financial services and other persons (close persons, the representative, the heir, the guarantor, the property guarantor or the third parties with whom interaction is provided by the agreement on consumer loan and which agreed to such interaction) (further - other person) in case of settlement of overdue debt (requirements of rather ethical behavior) without their visit in the location;

2) the certificate of results of implementation of permanent supervision (further - the reference) – (the document in electronic or paper form) which is constituted by division of National Bank to which functions implementation of supervision of observance by the creditor, the new creditor and the collection company of the legislation of Ukraine on consumer protection of financial services, including requirements of rather ethical behavior, and ensuring realization of state policy concerning consumer protection of financial services within the competence (further - division of supervision) in case of identification in activities of object of supervision of violations of the law of Ukraine for interaction with consumers of financial services and other persons belongs in case of settlement of overdue debt (requirements of rather ethical behavior);

3) the e-mail address - the e-mail address of object of supervision specified in system of e-mail of National Bank or in the State register of banks, or in the State register of financial institutions, or in the Register of the collection companies, or in the Register of faces which are not financial institutions, but have the right to provide separate financial services which conducts National Bank;

4) supervision of observance of requirements of rather ethical behavior - system of measures of National Bank within its competence determined by the laws of Ukraine on implementation of supervision of observance by object of supervision of the legislation on interaction with consumers of financial services and other persons in case of settlement of overdue debt (requirements of rather ethical behavior) and identifications of the facts of violation of requirements of the legislation for interaction with consumers of financial services and other persons in case of settlement of overdue debt (requirements of rather ethical behavior).

The terms "creditor", "new creditor" are used in the value given in the Law on consumer crediting.

Other terms used in this Provision are used in the values given in the Law on consumer crediting and other laws of Ukraine, and also regulatory legal acts of National Bank concerning consumer protection of financial services and application of corrective actions.

3. Requirements of this provision extend to loan providers, new creditors and the collection companies (further - object of supervision).

4. This Provision determines the bases and procedure National Bank of supervision of observance by object of supervision of requirements of the legislation of Ukraine for interaction with consumers of financial services and other persons in case of settlement of overdue debt (requirements of rather ethical behavior) (further - requirements of rather ethical behavior) and registration of results of the carried-out control.

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