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Ministry of Justice of Ukraine

November 5, 2021

No. 1436/37058

DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of September 27, 2021 No. 993

About approval of the Regulations on procedure of payments of expense amount of Fund of guaranteeing household deposits by which the amount to transfer by the debtor of the property (assets) sold by Fund of guaranteeing household deposits decreases, modification and recognition voided some decisions of executive directorate of Fund of guaranteeing household deposits

For the purpose of realization of provisions of parts two, third Article 52 and according to Article 6, to Item 10 parts one, Article parts six 12, parts three of article 52 of the Law of Ukraine "About system of guaranteeing household deposits", in pursuance of Item 8 of the Section II "Final and transitional provisions" of the Law of Ukraine of June 30, 2021 No. 1588-І X "About modification of some legal acts of Ukraine concerning enhancement of mechanisms of removal of banks from the market and satisfaction of requirements of creditors of these banks" executive directorate of Fund of guaranteeing household deposits of RESHILA:

1. Approve Regulations on procedure of payments of expense amount of Fund of guaranteeing household deposits by which the amount to transfer by the debtor of the property (assets) sold by Fund of guaranteeing household deposits which is applied decreases.

2. Make change to Item 3 of the decision of executive directorate of Fund of guaranteeing household deposits of July 5, 2012 No. 2 "About approval of the Regulations on conclusion of insolvent bank from the market", the word registered in the Ministry of Justice of Ukraine on September 14, 2012 for No. 1581/21893, by replacement and figure with "Chapter 2" with words and in figures with "Chapters 1 and 2".

3. Approve Changes in the Regulations on conclusion of insolvent bank from the market approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 5, 2012 No. 2, registered in the Ministry of Justice of Ukraine on September 14, 2012 for No. 1581/21893, and the Regulations on procedure for creation and maintaining the register of the accepted requirements of creditors and satisfaction of requirements of creditors of the liquidated banks approved by the decision of executive directorate of Fund of guaranteeing household deposits on August 21, 2017 No. 3711, registered in the Ministry of Justice of Ukraine on September 7, 2017 for No. 1104/30972, which are applied.

4. Declare invalid the decision of executive directorate of Fund of guaranteeing household deposits of February 11, 2016 No. 138 "About approval of the Regulations on procedure and calculation of expenses of Fund of guaranteeing household deposits on content and sale of pledged property", registered in the Ministry of Justice of Ukraine on March 04, 2016 for No. 353/28483 (with changes).

5. To provide to department of methodology and strategic planning together with legal support department submission of this decision to the Ministry of Justice of Ukraine for state registration.

6. For public relations and the international organizations to provide to management placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.

7. This decision becomes effective from the date of its official publication.

8. Control over the implementation of this decision to leave for the managing director.

Managing director

C. Recruit

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of September 27, 2021 No. 993

Regulations on procedure of payments of expense amount of Fund of guaranteeing household deposits by which the amount to transfer by the debtor of the property (assets) sold by Fund of guaranteeing household deposits decreases

1. This Provision determines procedure of calculation of expense amount of Fund of guaranteeing household deposits (further - Fund) by which the amount to transfer by the debtor of the property (assets) sold by Fund of guaranteeing household deposits decreases (further - expenses of Fund).

2. Expenses of Fund are calculated by formula:

VF = P x RV - D,

where

VF

-

expenses Fonda;


R

-

the amount received from sale of pledged property (assets) less the value added tax. If P exceeds the size of the unsatisfied (outstanding) accepted creditor requirements of the pawnbroker for the obligations provided with the sold property (assets) P it is equal to such size;


PB

-

the expense level as a percentage given in Items 3 and 4 of this provision;


D

-

income gained by bank from pledge in the form of real estate from Date of Introduction of temporary administration of insolvent bank or from start date of liquidation procedure of bank which is liquidated based on part two of article 77 of the Law of Ukraine "About banks and banking activity", to sale date of such property (assets), less the value added tax. If D more works P and PB, VF is equal to zero.

In addition to the calculated expense amount the amount of actually paid court fee concerning pledged property, including for receipt of such property (the address of collection regarding pledge and so forth), and also the amount of the paid advance installment increases in case of presentation of the executive document concerning the corresponding property (asset) less the returned unused amount of such advance installment.

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