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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 29, 2021 No. 156

About approval of the Regulations on streamlining of activities for rendering the accompanying services in the market of financial leasing

(as amended of the Resolution of Board of the National Bank of Ukraine of 21.03.2022 No. 56)

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 21, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", article 11 of the Law of Ukraine "About financial leasing", for the purpose of streamlining of activities for rendering the accompanying services in the market of financial leasing the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on streamlining of activities for rendering the accompanying services in the market of financial leasing (further - the Provision) which are applied.

2. To non-bank financial institutions and faces which are not financial institutions, but have the right to provide separate financial services based on license for activities on provision of services of financial leasing, and persons who provide intermediary services in the market of financial leasing, to bring the activities into accord with requirements of the Provision within four months from the date of the termination or cancellation of warlike situation in Ukraine.

3. 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 December 29, 2021 No. 156

Regulations on streamlining of activities for rendering the accompanying services in the market of financial leasing

I. General provisions

1. This Provision is developed according to requirements of the Laws of Ukraine "About the National Bank of Ukraine", "About financial services and state regulation of the markets of financial services", "About financial leasing" and establishes requirements to persons which provide the accompanying services in the market of financial leasing and feature of provision of such services.

2. Requirements of this provision do not extend to use by the lessor of agents in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction which is performed according to requirements of the legislation concerning prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction.

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

1) the agent - the supplier of intermediary services in the market of financial leasing which from name, according to the order and for the benefit of the lessor performs the conclusion of the agreement of financial leasing provides consulting or expert information services and/or carries out other work connected with preparation, the conclusion, execution and/or support of the agreement of financial leasing;

2) the supplier of support services - legal person / physical person - the entrepreneur which is attracted for rendering support services to the leasing recipient.

Other terms in this Provision are used in the values given in the Civil code of Ukraine, the Economic code of Ukraine, the Code of Ukraine about administrative offenses, the Laws of Ukraine "About financial leasing", "About financial services and state regulation of the markets of financial services" and other legal acts of Ukraine.

II. Features of provision of intermediary services in the market of financial leasing

4. The lessor signs the contract with the agent on provision of intermediary services which conforms to the requirements established by the legislation and this Provision.

5. The agreement signed between the lessor and the agent shall include surely:

1) the complete list of tasks/powers which the lessor gives to the agent;

2) procedure of payments of the size and payment by the lessor of remuneration for services of the agent;

3) information on the territory to which tasks/powers of the agent extend. If the territory to which tasks/powers of the agent extend in the agreement is not determined, then it is considered that the agent acts within the territory of Ukraine;

4) procedure for dispute settlement between the lessor and the agent who arise during implementation by the agent of intermediary activities in the market of financial leasing;

5) procedure lessor of control of agent activities;

6) procedure of payments of the amount of compensation and payment of the losses caused to the lessor owing to wrongful acts of the agent when implementing of activities by it in the market of financial leasing;

7) procedure for cancellation of the agreement signed with the agent, including its early termination;

8) term of its action.

6. The lessor who intends to sign the contract with the agent shall provide in the internal regulations of provision of services on financial leasing or separate domestic situation concerning provision of financial services with participation of the agent the following:

1) procedure, features of rendering financial leasing by the lessor of services with participation of the agent;

2) the organization of work of the lessor with the agent and termination of work with it, including procedure for the conclusion and agreement cancelation with the agent;

3) procedure for the organization and training and advanced training of agents and their workers;

4) procedure the lessor of control of the agent's compliance to the requirements established in Items 10 - the 14th Section III of this provision, in case of the conclusion of the contract with the agent and during the term of its action;

5) the list of tasks/powers which the lessor has the right to charge to the agent;

6) the requirements to the agent providing technical capability of implementation of activities by it in the market of financial leasing up to standard (availability of the computer equipment, the software, communication means, securities of electronic systems);

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