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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 3, 2021 No. 82

About approval of form and conditions of the bank guarantee

According to Articles 7, of 15, "About the National Bank of Ukraine", in pursuance of requirements of part twelve of article 14 of the Law of Ukraine "About privatization of the state-owned and municipal property", for the purpose of establishment of conditions and form of the bank guarantee which will be provided by banks to participants of auctions for sale of objects of the state-owned or municipal property the Board of the National Bank of Ukraine DECIDES: 56 Laws of Ukraine

1. Approve form of the bank guarantee (appendix 1) and conditions of the bank guarantee (appendix 2) which are applied.

2. To department of payment systems and innovative development (Andrey Podderegin) to inform banks of Ukraine information on adoption of this resolution.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

4. The resolution becomes effective from the date of, its official publication following behind day.

Acting as Chairman 

Yu.Gelety

Appendix 1

to the Resolution of Board of the National Bank of Ukraine of August 3, 2021 No. 82

The bank guarantee No. ___ from

No. of payment order

Details of the bank guarantee




1

2

3

1

Date of issue


2

Place of creation


3

Warranty type

The bank guarantee is provided by the participant of auction according to requirements of the Law of Ukraine "About privatization of the state-owned and municipal property"

4

Guarantor

Full name of bank guarantor:
Code according to the Unified state register of the companies and organizations of Ukraine (EGRPOU):
Bank code:
Location address:

5

Principal

(for resident /

The nonresident in case of

availability)

For the legal entity: full name of the Principal: code according to EGRPOU (for resident): location address: For physical person: surname, name and middle name: registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer)

6

Beneficiary

Full name of the Beneficiary:
Code according to EGRPOU:
Location address:

7

Guarantee amount (figures and words)

In national currency or in foreign currency which is equivalent in national currency

8

Start date of effective period of guarantee (introduction)

Date of issue

9

Expiry date of guarantee


10

Object

Complete name of subject to privatization

11

Basic relations

Auction with conditions on sale ________________ (subject to big privatization) ______________ (date of auction) which is carried out according to the Procedure for sale of subjects to big privatization of state-owned property approved by the resolution of the Cabinet of Ministers of Ukraine of May 10, 2018 No. 386 (further - the Procedure)

12

Other conditions (if necessary)


1. This bank guarantee is applied to ensuring execution by the Principal of obligations on participation in auction with conditions on sale of object.

2. The terms specified in this bank guarantee are used in the values determined by the Civil code of Ukraine, the Law of Ukraine "About privatization of the state-owned and municipal property" (further - the Law), Regulations on procedure by banks of transactions on guarantees in national and foreign currencies, the approved resolution of Board of the National Bank of Ukraine of December 15, 2004 No. 639 registered in the Ministry of Justice of Ukraine on January 13, 2005 for No. 41/10321 (in edition of the resolution of Board of the National Bank of Ukraine of January 25, 2018 No. 5) (with changes).

3. According to this bank guarantee Guarantor bezotzyvno shall pay to the Beneficiary the guarantee amount during five banking days after day of receipt of the Beneficiary by the Guarantor of the written requirement about payment of the amount of guarantee (further - the Requirement).

The beneficiary directs the Requirement to the location of the Guarantor during effective period of the bank guarantee.

The requirement can be transmitted through bank of the Beneficiary which will confirm with authentic SWIFT message on the Guarantor's SWIFT address reliability of signatures on the Requirement.

The requirement shall contain the reference to date of issue and number of this guarantee, and also the reference to one of the following conditions (bases) confirming non-execution by the Principal of the obligations according to the Law and/or Procedure:

1) the Principal refused to sign the purchase and sale agreement of object;

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