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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 3, 2021 No. 113

About approval of the Regulations on additional requirements to agreements of non-bank financial institutions on provision of means in the loan (consumer, financial loan)

According to Articles 7, 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 6, 20, 21, 27, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of ensuring protection of the rights and consumer interests of financial services, their equal opportunities of access to the markets of financial services, and also control of transparency and openness of the markets of the financial services Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on additional requirements to agreements of non-bank financial institutions on provision of means in the loan (consumer, financial loan) (further - the Provision) which is applied.

2. To non-bank financial institutions of Ukraine which according to the laws of Ukraine have the right to provide money in the loan (consumer, financial loan), within three months from the date of entry into force of this resolution to bring the agreements into accord with requirements of the Provision.

3. (Olga Lobaychuk) after official publication of this resolution to provide to management of consumer protection of financial services finishing note the non-bank financial institutions of Ukraine specified in Item 2 of this resolution, information on its acceptance.

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

5. 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 November 3, 2021 No. 113

Regulations on additional requirements to agreements of non-bank financial institutions on provision of means in the loan (consumer, financial loan)

I. General provisions

1. This Provision is developed according to requirements of the Laws of Ukraine "About the National Bank of Ukraine", "About consumer crediting" (further - the Law on crediting), "About financial services and state regulation of the markets of financial services" (further - the Financial services act).

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

1) the electronic copy (the agreement copy concluded in the form of the paper document) - the visual representation of the paper agreement electronically gained by scanning (photography) of the paper agreement;

2) the creditor - the non-bank financial organization which according to the laws of Ukraine has the right to grant consumer loans and money in loan, including on the terms of financial loan (further - financial service);

3) the disposable identifier - the alphanumeric sequence (combination of figures and letters either only figures, or only letters) which is received by the consumer from other agreement party the means of communication approved by the consumer and other party(parties) of the agreement and which can be applied by the consumer to other electronic data and are given to other party(parties) of the agreement, inclusive for the purpose of the conclusion of the electronic agreement according to the procedure, determined by the Law of Ukraine "About electronic commerce" (further - the Law on electronic commerce). For this Provision the disposable identifier are not the e-mail address and the password or login and the password to it, the password or login and the password of mobile application or private office for remote servicing, phone number or any other personal data of person in any form of their application;

4) agreement copy - original copy of the agreement for each agreement party;

5) public offer of the loan provider - set of provisions, procedures and other similar documents on financial services of the loan provider which establish conditions, rules and procedure for provision of financial services to consumers;

6) the authorized worker of the loan provider - the worker of the loan provider to whose powers according to domestic situations of the loan provider signing with consumers of agreements and other documents on behalf of the loan provider is referred.

The terms "not verified copy", "verified copy" are used in the values determined by the National GSTU 2732:2004 standard "Clerical work and archiving. Terms and determinations", the approved order of the State committee of Ukraine concerning technical regulation and consumer policy of May 28, 2004 No. 97.

Other terms in this Provision are used in the values determined by the laws of Ukraine.

3. This Provision determines additional, not determined by the Civil code of Ukraine, the Law on crediting, the Financial services act and other laws of Ukraine which contain regulations of rather contractual relations regarding provision of financial services, requirements to agreements on provision of financial services, including individual part of agreements of accession on provision of the financial services (further - agreements) concluded between consumers of financial services (further - the consumer) and non-bank financial institutions.

4. Requirements of this provision extend to agreements on provision to consumers of such services:

1) provision of means as a loan, including on the terms of financial loan;

2) provision of consumer loan.

5. Requirements of this provision do not extend to public part of agreements of accession on provision of financial services (public offer of the loan provider).

II. Additional requirements to agreements

6. Agreements are stated with observance of the technical requirements to agreements specified in appendix to this Provision.

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