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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.

Acting as Chairman

Yu.Gelety

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. General requirements to documents which are filed to National Bank

5. The applicant files to National Bank documents within implementation of procedures for this Provision according to determined by this Provision the list and requirements.

6. The applicant has the right to file to National Bank additional documents concerning its address with written reasons for feasibility of their representation.

7. The applicant bears responsibility for completeness and accuracy of the data, containing in the documents submitted to National Bank.

8. The documents submitted to National Bank according to this Provision shall be drawn up in Ukrainian, not contain corrections and inaccuracies.

9. The documents constituted in foreign language for giving shall be translated to National Bank into Ukrainian (authenticity of the signature of the translator makes sure notarially). The documents constituted in foreign language are not translated into Ukrainian in case of simultaneous reduction of their text in Ukrainian.

10. The documents issued in foreign state for representation to National Bank shall be legalized in the procedure established by the law if other is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

11. The applicant gives to National Bank reasonable explanations in case of impossibility of observance of the requirements determined in Item 10 of Chapter 2 of the Section I of this provision concerning document creation issued in foreign state, owing to circumstances. The National Bank has the right to consider the documents issued in foreign state, which are drawn up without observance of the requirements specified in Item 10 of Chapter 2 of the Section I of this provision if recognizes the applicant's explanations reasonable and there will be no doubts concerning reliability of documents and information stated in them (the relevant decision is made by the authorized person of National Bank).

12. The copies of documents of the legal entity issued in foreign state and which legalization is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine are represented to National Bank signed by the head or other authorized representative of the legal entity.

The copies of documents concerning physical person issued in foreign state and which legalization is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine are represented to National Bank signed by physical person or his authorized representative.

13. The documents received from electronic sources are certified by the signature:

1) physical person concerning which such documents are issued or his authorized representative;

2) the authorized representative of the legal entity concerning whom such documents are issued.

14. The applicant has the right to submit the copy of the document (the electronic copy of the document) to National Bank if this Provision does not establish obligation on submission of the original document, certified of such procedure:

1) the copy of the document (the electronic copy of the document), is issued by authorized state body and assured by the signature (KEP for electronic copies of documents) the applicant (his authorized representative) or the notary;

2) the copy of the document (the electronic copy of the document) of physical person makes sure the signature (KEP for electronic copies of documents) such person, his authorized representative or the applicant;

3) the copy of the document (the electronic copy of the document) of the legal entity is certified by the signature (KEP for electronic copies of documents) his authorized representative or the applicant;

4) the copy of the document (the electronic copy of the document) issued in foreign state makes sure the signature (KEP for electronic copies of documents) the applicant (his authorized representative) or the notary.

15. The document package which moves to National Bank according to this Provision shall include the original document (the electronic document) or its copy (the electronic copy of the document) certified according to Item 14 of Chapter 2 of the Section I of this provision, confirming powers of the authorized representative (except the head of the legal entity) on giving and the signature of documents on behalf of the applicant.

16. The document package given to National Bank according to this Provision shall be followed:

1) the cover letter with the inventory of all documents in packet with names, dates of issue, bodies (persons) which issued them which is signed personally by the applicant - physical person or the authorized representative of the applicant or with imposing on the inventory of KEP of the corresponding person;

2) the consent of the applicant to processing of personal data of person (persons), storage, check and transfer to other state bodies of Ukraine of the data and documents received from the face. Consent is signed personally by the applicant - physical person or the applicant's head - the legal entity;

3) the applicant's assurance that he received consent to processing of personal data of physical persons concerning which personal data are provided.

The documents specified in subitems 2, 3 Items 16 of Chapter 2 of the Section I of this provision are not represented in cases when provision of the relevant information is required according to the documents constituted in the forms placed in appendices to this Provision.

17. The documents provided by this Provision are represented to National Bank:

1) in electronic form, the applicant signed by the authorized representative / the collection company or the responsible person for provision of information on structure of property in National Bank (further - the responsible person) by imposing of KEP through the web portal of National Bank in the form of files of the reporting of OS1, OS2, OS3, of the requirement to forming of which are posted on the page of official Internet representative office of National Bank in the section "Statistics/organization of the Statistical Reporting / Register of Indicators of the Reporting of Non-bank Financial Institutions", - for the documents provided in subitems 2, 3 Items 120 of Chapter 16 of the Section IV of this provision;

2) in paper form with the sign manual of the applicant or his authorized representative / the responsible person with simultaneous obligatory submission of electronic copies of these documents without imposing of KEP on digital data carriers (USB flash drives) or on mailbox of National Bank (nbu@bank.gov.ua);

3) in electronic form or the electronic copy of the document signed by the applicant or his authorized representative / the responsible person by imposing of KEP, the electronic message on mailbox of National Bank (nbu@bank.gov.ua) or other means of electronic communication which are used by National Bank for electronic document management.

18. Electronic documents and copies of documents shall have the short name Latin letters which reflects content and details of the document.

Pages of documents shall be numbered, stitched, certified of paper form by the signature of the interested person.

19. Electronic copies of documents are created by scanning of documents in paper form taking into account the following requirements:

1) the document is scanned in the file of the PDF format;

2) the scanned copy of each document is stored as the separate file;

3) the documents containing more than one page are scanned in one file;

4) permission of scanning shall be not lower than 300 dpi.

20. The National Bank checks the received electronic documents and/or electronic copies of documents for integrity and authenticity of data. The National Bank notifies the applicant on rejection of documents within five working days from the date of receipt of documents by National Bank if verification of such documents did not take place successfully.

21. Documents in some cases, determined in this provision, and upon the demand of National Bank move electronically in the xlsx format or other format determined by National Bank.

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