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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 7, 2021 No. 137

About establishment of criteria by the National Bank of Ukraine for banks in which have the right to open accounts in foreign currency Central Securities Depository and clearing organizations according to requirements of the legislation

According to Articles 15, 42, 56 Laws of Ukraine "About the National Bank of Ukraine", to articles 9 and 20 of the Law of Ukraine "About depositary system of Ukraine", to articles 59 and 60 of the Law of Ukraine "About the capital markets and the organized goods markets", for the purpose of increase in reliability and preserving means of clients of Central Securities Depository and the clearing Board of the National Bank of Ukraine DECIDES: organizations

1. Central Securities Depository for ensuring payment of the income for securities during repayment of debt securities, including on securities which are placed and circulate outside Ukraine, or during implementation by the issuer of other corporate transactions, and also for servicing of other transactions which provide payment of means through depositary system of Ukraine if such payments are performed in foreign currency, uses accounts in foreign currency in banks (including foreign banks) which meet its internal requirements concerning risks assessment, and also to the following criteria:

1) bank of Ukraine which has the long-term credit rating on the international scale according to obligations in foreign currency determined by one of such rating agencies as s "Standard & poor"", "Fitch Ratings" and "Moody" s Investors Service", at the level not below than the long-term credit rating of the state according to obligations in foreign currency determined by such rating agency at the time of opening of the account except banks, in which authorized capital at least than 75 percent of shares belong to persons, (jurisdiction) the registration/location of which is carried by the Cabinet of Ministers of Ukraine to the list of offshore zones and/or is recognized as the Verkhovna Rada of Ukraine государством-агрессором/государством-оккупантом and/or does not carry out or in an inadequate way implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way either financing of terrorism or financing of distribution of weapons of mass destruction, except the banks violating the economic standard rates established by the National Bank of Ukraine two and more times within the last three months;

2) foreign bank which has the minimum long-term credit rating on the international scale determined by one of such rating agencies as s "Standard & poor"", "Fitch Ratings" and "Moody" s Investors Service", is not lower than the BBB level on classification of rating agency "Standard&poor" of s" or Fitch Ratings rating agency and the Baa2 level on classification of rating agency of "Moody" of s Investors Service", except banks the state (jurisdiction) the registration/location of which it is carried by the Cabinet of Ministers of Ukraine to the list of offshore zones and/or recognized as the Verkhovna Rada of Ukraine государством-агрессором/государством-оккупантом and/or does not carry out or in an inadequate way implement recommendations of the international, intergovernmental organizations involved in the sphere of fight against legalization (washing) of income gained in the criminal way, either financing of terrorism or financing of distribution of weapons of mass destruction.

2. Clearing organizations and Central Securities Depository for implementation of calculations in internal system of accounting of person performing clearing activities and/or the organization of carrying out calculations, and/or implementation of activities of the central partner according to the procedure and in cases, stipulated by the legislation concerning depository and clearing activity, use accounts in foreign currency in foreign banks which conform to their internal requirements concerning risks assessment, and also to the criteria established in the subitem 2 of Item 1 of this resolution.

3. Central Securities Depository and clearing organizations:

1) if the bank ceases to correspond to the criteria established in Item 1 of this resolution shall stop use of the account in such bank within six months;

2) have the right to use accounts in different banks (including foreign banks) for the purpose of decrease in risks.

4. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Yury Geletiya.

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

Acting as Chairman

Yu.Gelety

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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