RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 9, 2021 No. 75

About approval of the Regulations on registration of the collection companies

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 5, of 22, 24 Laws of Ukraine "About consumer crediting", for the purpose of establishment of order of registration of the collection companies and maintaining the register of the collection companies by the National Bank of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on registration of the collection companies which are 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.

Approved by the Resolution of Board of the National Bank of Ukraine of July 9, 2021 No. 75

Regulations on registration of the collection companies

I. General provisions

1. Introduction provisions

1. This Provision is developed according to requirements of the Laws of Ukraine "About the National Bank of Ukraine" and "About consumer crediting" (further - the Law on consumer crediting) for the purpose of determination of procedure and conditions of inclusion in the register of the collection companies (further - the Register), modification of data which moved for inclusion of person in the Register, and also procedure and conditions of exception of data on the collection company of the Register.

2. Requirements of this provision extend to persons who have the status of the collection company according to requirements of the Law on consumer crediting or having intention to acquire the status of the collection company according to requirements of the Law on consumer crediting.

Requirements of this provision to structure of property, procedure for submission of data on structure of property of the National Bank of Ukraine (further - National Bank), control of observance of requirements for structure of property, procedure for consideration of question of recognition of structure of property opaque, determined in the Section IV of this provision, do not extend to the applicants having the status of the non-bank financial organization which has the right to provide financial services of factoring and/or provision of means in loan including on the terms of financial loan (further - qualified non-bank financial institution) and the collection companies which have the status of qualified non-bank financial institution.

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

1) faultless goodwill - goodwill of the applicant / the collection company, owners of essential participation of the applicant / the collection company, the applicant's heads / the collection company, the applicant's workers / the collection company or persons involved by the applicant / the collection company based on civil contracts for direct interaction with consumers (further - the involved persons) which conforms to requirements of this provision and the regulatory legal act concerning establishment of qualification requirements to employees of the collection companies;

2) the benefitsirny property right in trust design - the right to any benefit and/or the income from trust design;

3) date of representation of complete document package - registration date in National Bank of the document package given in full according to the list of documents for implementation of the procedure provided by this Provision;

4) the applicant - person who according to the legislation of Ukraine has the right to address to National Bank for the purpose of inclusion in the Register according to the procedure, determined by this Provision;

5) the electronic copy of the original document in paper form - the visual representation of the paper document electronically gained by scanning of the paper original document, which compliance to the original attested qualified digital signature which is imposed on the document with observance of requirements of the legislation of Ukraine in the sphere of electronic confidential services and electronic document management (further - KEP) of the applicant/notary (except cases when such assurance is not required by this Provision) (further - the electronic copy of the document);

6) electronic sources - bases and databanks or any other services which provide to users information in electronic form;

7) the foreign collection company - the legal entity who has the right to settle overdue debt according to the legislation of foreign state;

8) the foreign legal entity - the legal entity whose main office is registered in foreign state;

9) the head - sole executive body or members of collegiate executive body and members of council (supervising, observant - in the presence) the applicant / the collection company;

10) the key participant in structure of property of the applicant / the collection company (further - the key member of the collection company) is:

the physical person owning share (shares) in the authorized capital of such applicant / the collection company, the legal entity owning share (shares) in the authorized capital in the amount of two and more percent in the authorized capital of such applicant / the collection company and at the same time:

if the applicant / the collection company has more than 20 participants - physical persons, then / the collection company 20 participants - physical persons which shares are the greatest are considered as key members of the applicant;

if identical by the size of share (blocks of shares) in the authorized capital of the applicant / the collection company belong to more than 20 participants - physical persons, then / the collection company all physical persons which own shares (block of shares) in the amount of two and more percent in the authorized capital of such applicant / the collection company are considered as key members of the applicant;

it is considered that the public company has no key participants;

11) chain of ownership of corporate laws of the legal entity - information on the list of key members of the legal entity which includes information on key participants of the first and each subsequent level of proficiency in corporate laws of the legal entity;

12) international financial institution - organization with which the Government of Ukraine signed the agreement on cooperation and for which according to the laws of Ukraine privileges and immunities are established;

13) final key members of the applicant / the collection company are key participants - physical persons, and also key participants - legal entities who do not incorporate key participants.

Final key participants are the state (on behalf of the relevant state body), territorial community (on behalf of relevant organ of local self-government), international financial institution, and also the public company if they own two and more percent of corporate laws of the applicant / the collection company or the key participant in structure of property of the applicant / the collection company;

14) the public company - the legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) and are admitted to trading in regulated segment of qualified stock exchange;

15) trust design - the mode of ownership/property management based on the agreement or other agreement which assumes splitting of the property right to the legal right of property which is transferred to the trustee, and the beneficial property right which is transferred to beneficiaries (beneficiaries);

16) authorized person of National Bank - The chairman of National Bank, the first deputy and vice-chairmen, division managers of National Bank and their deputies who provide accomplishment of the functions of National Bank provided by this Provision, the head on licensing (the head of the structural unit of the National Bank responsible for registration of the collection companies, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or person fulfilling them duties);

17) the authorized representative - physical person which has the right to making of the corresponding actions on behalf of the applicant / the collection company based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation of Ukraine;

18) cyclic structure of property - structure of property of the applicant / the collection company, in which:

the applicant / the collection company is the owner of essential participation in the legal entity which at the same time is the owner of essential participation in the applicant / the collection company, and/or

owners of essential participation of the applicant / the collection company at the same time have direct and/or indirect participation in each other at one or several levels / chain of ownership of corporate laws, directly and/or indirectly, in cumulative size at least 25%.

Other terms in this Provision are used in the values given in the Law on consumer crediting, the Law of Ukraine "About financial services and state regulation of the markets of financial services" and other legal acts of Ukraine.

4. The National Bank during making of the actions provided by this Provision is guided by such principles:

1) equivalences of essence and form (assessment of transactions, transactions, circumstances and events from the point of view of their essence and form);

2) reasonable doubt (implementation of additional/profound verification / analysis of transactions, transactions, circumstances and/or events in the presence of reasonable doubt concerning them);

3) the complex analysis (research of all circumstances and conditions of specific situation in case of adoption of the relevant decision).

2. 

Chapter 2 is excluded according to the Resolution of Board of the National Bank of Ukraine of 29.12.2023 No. 200

3. Procedure and determination of terms of consideration of the documents submitted to National Bank

37. The National Bank performs consideration of the document package provided by the applicant during the term determined by this Provision for the corresponding procedure.

37-1. The documents provided by this Provision together with the cover letter with the description of all documents in packet with names, dates of issue, bodies (persons) which issued them move in National Bank with observance of the requirements established by the regulatory legal act of National Bank about general requirements to documents and procedure for their submission to National Bank within the separate procedures.

37-2. Identification of physical persons and legal entities is performed based on documents, the list and requirements to which are determined by the regulatory legal act of National Bank about general requirements to documents and procedure for their submission to National Bank within the separate procedures.

38. The current of term of consideration of document package begins from the date of, the submission by the applicant to National Bank of the complete document package determined by this Provision following behind day.

39. The National Bank has the right to leave document package without consideration within 10 working days from the date of representation of document package with indication of in the decision which goes to the applicant, the bases of leaving of documents without consideration in case:

1) submissions of documents within the procedure provided by this Provision, not in full;

2) submissions of documents within the procedure provided by this Provision, the requirements of the legislation and/or this provision which are drawn up with non-compliance.

40. The applicant has the right to repeatedly give document package which was left without consideration only after elimination of the reasons which formed the basis for its leaving without consideration.

41. The applicant shall notify National Bank on any changes in the documents provided by the list according to this Provision, which happened during the term of consideration of document package, within five working days from the date of emergence of such changes.

42. The National Bank during consideration of the document package given the applicant has the right to demand from the applicant who is estimated or checked the additional information, documents, the explanations necessary for establishment of reliability of data, concerning the applicant, and also participants, owners of essential participation, authorized representatives, heads, employees, other persons containing in the document package provided by the applicant.

43. The National Bank during the term of consideration of document package has the right to provide to the applicant of the note to the provided document package if documents do not conform to requirements of this provision and/or the legislation of Ukraine, with the simultaneous notification on need of their elimination and submission of the corrected documents.

44. The National Bank establishes the term of provision/giving by the applicant, determined in Item 42 and 43 of Chapter 3 of the Section I of this provision, information/documents and explanations.

The current of term of consideration of the document package determined in Item 72 of Chapter 6 of the Section II of this provision stops from the date of the direction to the applicant of the requirement/notification National Bank in the cases determined in Items 42, 43 Chapters 3 of the Section I of this provision and renews after receipt of all additional / corrected documents, information and explanations.

The documents submitted for inclusion of person in the Register in case of non receipt of the answer within 30 working days from the date of the direction of the requirement/notification by National Bank are left without consideration and according to the procedure, provided in Item 46 of Chapter 3 of the Section I of this provision, return to the applicant (the relevant decision is made by the authorized person of National Bank).

45. The National Bank has the right to suspend the term of consideration of the document package provided according to this Provision, but no more than for 30 working days in case of need of check of reliability provided to documents/information and/or receipts of the additional documents / information necessary for decision making. The National Bank reports to the applicant about suspension of term of consideration of document package and term for which it is stopped, within three working days from the date of such suspension of term.

46. The National Bank returns to the applicant document package which was provided in paper form, in case of leaving of such document package without consideration, by mail with the assurance of receipt within three working days after adoption of the relevant decision.

47. The National Bank sends to the applicant the message on decision making on consideration of document package within five working days after adoption of the relevant decision, except cases when this Provision establishes other terms.

48. The authorized person of National Bank according to requirements of this provision makes the decision about:

1) leaving of document package without consideration;

2) the termination of consideration of document package according to the petition of the applicant.

49. For consideration by National Bank of the document package provided by the applicant within the separate procedures determined by this Provision the payment in the amount of, determined by the regulatory legal act of National Bank is levied. The applicant submits the copy of the payment document about implementation of such payment in the cases determined by this Provision together with representation of document package to National Bank.

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