RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 24, 2021 No. 153

About approval of the Regulations on licensing and registration of suppliers of financial services and conditions of implementation by them of activities for provision of financial services

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 21, 27 - 29, 34 Laws of Ukraine "About financial services and state regulation of the markets of financial services", to Articles 2, 36 - 38 Laws of Ukraine "About insurance", to Articles 8, 26 Laws of Ukraine "About credit unions", article 5 of the Law of Ukraine "About consumer crediting", for the purpose of enhancement of procedure for licensing and registration of non-bank financial institutions and faces which are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision the National Bank of Ukraine, the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on licensing and registration of suppliers of financial services and condition of implementation of activities for provision of financial services by them (further - the Provision) which is applied.

2. To non-bank financial institutions and faces which are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision the National Bank of Ukraine (further - the supplier of financial services):

To give 1) within one month from the date of entry into force of this resolution to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision to the National Bank of Ukraine (further - the National Bank) the completed tables 1, 2 questionnaires constituted in the form given in appendix 6 to the Provision and the documents confirming powers of the authorized representative (except the head of the supplier of financial services) to act on behalf of the supplier of financial services for implementation of official communication of National Bank with the supplier of financial services;

To provide 2) till October 10, 2022 also to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision, to give written assurance of any form which contains complete and reliable information relatively to National Bank:

developments and approvals of policy on prevention, identification and conflict management of interests according to requirements of the Provision;

reductions of activities of separate divisions in compliance with requirements of the Provision;

compliance of the supplier of financial services to the requirements to goodwill established in Item 221 of Chapter 24 of the Section IV of Provisions and also to give the questionnaire of the supplier of financial services constituted in form according to appendix 6 to the Provision;

compliance to requirements of Item 213 of Chapter 22 of the Section III of Provisions of persons having essential participation in the insurer by transfer of voting power to them on shares/shares in the authorized (share) capital of the insurer under powers of attorney/powers of attorney from participants/members of the insurer and also to file documents which confirm such compliance;

compliance to requirements of Item 214 of Chapter 22 of the Section III of Provisions of persons having the essential participation in the insurer acquired by way of transfer by it in management of shares/share in the authorized (share) capital of the insurer and/or any legal entity in chain of ownership of corporate laws in the insurer, the conclusion of the transaction about transfer of shares/share in the authorized (share) capital and also to submit the documents confirming such compliance;

compliance of heads, chief accountants, key faces (in the presence) of the supplier of financial services and also to submit to requirements to goodwill, professional suitability, combination of positions on provision of the financial services provided in Chapters 17, of the 19th Section II and Item 221 of Chapter 24 of the Section IV of Provisions the questionnaire of the head, chief accountant, key face of the applicant/supplier of financial services constituted in the form given in appendix 5 to the Provision concerning each head, the chief accountant and key person;

compliance of owners of essential participation of the supplier of financial services to the requirements to goodwill established in Item 221 of Chapter 24 of the Section IV of Provisions and also to submit the questionnaire of physical person on participation in the supplier of financial services (concerning all physical persons, which are owners of essential participation in the supplier of financial services) constituted in the form given in appendix 3 to the Provision, the questionnaire of the legal entity on participation in the supplier of financial services (concerning all legal entities, who are owners of essential participation in the supplier of financial services) constituted in the form given in appendix 4 to the Provision;

relevance and the accuracy of the information given in the Complex information system of National Bank concerning the supplier of financial services and its separate divisions, (except the separate divisions performing activities for trade in currency values or the translation of means / financial payment services);

placements on all own websites of information determined in Chapter 7 of the Section II of Provisions;

developments and document approval, determined in Item 96 of Chapter 9 of the Section II of Provisions, with observance of requirements of Items 97, the 98th Chapter 9 of the Section II of Provisions.

3. To faces which are not financial institutions, but have the right to provide separate financial services (except the operators of mail service having the right to provision of financial payment services / services in money transfer), till October 10, 2022 to provide to National Bank to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision, and in addition through the Complex information system of National Bank:

1) the registration card of the legal entity constituted in the form given in appendix 1 to the Provision;

2) the registration card of separate division of the legal entity constituted in the form given in appendix 2 to the Provision (except the separate divisions performing activities for trade in currency values or transfers of means / financial payment services). Information moves concerning all separate divisions of the lessor which provide financial services.

4. To the joint credit unions, credit unions and insurers till October 10, 2022:

1) to approve policy of remuneration and regulations on governing bodies and control taking into account requirements of the Provision and to give to National Bank to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision, written assurance about approval of the relevant documents and their compliance to requirements of the Provision;

2) to bring the organizational structure into accord with requirements of the Provision and to give to National Bank to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision, new organizational structure with observance of requirements to registration of organizational structure of the supplier of the financial services which moves in National Bank determined in appendix 16 to the Provision and the decision of authorized body on its approval, its copy certified according to the procedure established by the legislation of Ukraine or the statement from the specified decision on its approval.

5. To suppliers of financial services which as of day of entry into force of this resolution have the current license on provision of guarantees, within six months from the date of termination/cancellation of warlike situation in Ukraine to provide reduction of equity in compliance with requirements of the subitem 3 of Item 160 of Chapter 15 of the Section II of Provisions.

6. The signs of not irreproachable goodwill determined in Item 226 of Chapter 25 of the Section IV of Provisions are not applied to physical person if such person was approved by National bank / authorized body of the foreign country to position in other financial institution (appointment of person was approved / its compliance of professional suitability and goodwill is determined) or if coordination of acquisition or increase in the essential participation in financial institution, after acceptance determined in the subitem 3 of Item 226 of Chapter 25 of the Section IV of Provisions of the decision of body of licensing and supervision, court or other authorized body was provided to such person.

7. The signs not of faultless goodwill determined in Item 231 of Chapter 26 of the Section IV of Provisions are not applied to the legal entity if it was provided to such person of coordination of acquisition or increase in essential participation in other financial institution after acceptance of Item 231 of Chapter 26 of the Section IV of Provisions of the decision of body of licensing and supervision, court or other authorized body of rather financial organization / foreign financial institution determined in the subitem 2.

8. Persons who acquired or increased essential participation in the insurer without receipt of coordination of body which performs state regulation of the markets of financial services before entry into force of provision, receive the corresponding coordination of National Bank in cases and according to the procedure, provided by the Provision (provided that coordination acquisition or increase in essential participation in the insurer was required according to the legislation of Ukraine concerning regulation of the markets of non-bank financial services). The National Bank on condition of receipt of the reasonable petition of the applicant, addresses for coordination of acquisition/increase in essential participation which was acquired/is increased before entry into force of provision, has the right not to perform assessment of financial/property condition of persons through whom the applicant before entry into force of provision acquired/increased essential participation to the insurer if such persons received coordination of body of licensing and supervision on acquisition/increase in essential participation in the corresponding size or did not need its obtaining according to the legislation of Ukraine concerning regulation of the markets of non-bank financial services (the decision is made by Committee on supervision).

9. The supplier of financial services to whom the National Bank applied the corrective action containing the obligation to take measures for elimination of violation of requirements of the Regulations on determination of conditions of implementation of activities for provision of financial services which implementation requires the corresponding license (licensed conditions), the Board of the National Bank of Ukraine approved by the resolution of March 30, 2021 No. 27, and/or shall take measures for elimination of the reasons promoting making of the corresponding violation in time, specified in the decision on application of corrective actions, to bring the activities into accord with requirements of similar regulation of the Provision.

Failure to carry out of the specified decision of National Bank is the basis for application of corrective actions according to the procedure, determined by the regulatory legal act of National Bank about application of corrective actions in the sphere of state regulation of activities in the markets of non-bank financial services.

9-1. Suppliers of financial services shall submit till November 09, 2022 to National Bank information on availability/absence at the owner of the direct or mediated essential participation in the supplier of financial services of nationality / the tax residence of the state which performs/performed the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" or the permanent location / place of the registration/place of permanent residence in the relevant state.

10. The National Bank considers the document packages provided for inclusion of the legal entity in the State register of financial institutions, the Register of persons which are not financial institutions, but have the right to provide separate financial services, modification of the State register of financial institutions, issue of the duplicate or renewal of the registration certificate of financial institution, replacement, issue of the duplicate or cancellation of appendix to the registration certificate of financial institution, introduction or exception of data on separate divisions of the State register of financial institutions, modification of information on separate division which contains in the State register of financial institutions, for receipt of license for activities on provision of financial services, for review acquisitions or increases in essential participation in non-bank financial institution up to entry into force of this resolution, according to requirements and according to the procedure, stipulated by the legislation Ukraine, acting before entry into force of this resolution.

11. Suppliers of financial services which on the date of entry into force of this resolution are in the procedure of liquidation/cancellation of the license according to the bases specified in Items 1 and 2 of part one of article 38-1 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" finish the corresponding procedure, according to the procedure and according to requirements of the legislation of Ukraine, the owners acting on the date of decision making about liquidation/cancellation of the license.

12. The licenses for implementation of economic activity on provision of financial services (except professional activity in the security market) granted by the National commission which performs state regulation in the sphere of the markets of financial services, State commission on regulation of the markets of financial services of Ukraine, National Bank and acting on the date of adoption of this resolution are valid and continue to be effective after entry into force of this resolution.

13. Requirements of the subitem 1 of Item 81 of Chapter 6 of the Section II of Provisions concerning the name of suppliers of financial services are applied only to suppliers of financial services which received the corresponding status after entry into force of this resolution.

14. Requirements of Item 94 of Chapter 9 of the Section II of Provisions concerning requirements to constituent documents are applied only to suppliers of financial services which received the corresponding status, after entry into force of this resolution.

15. Requirements of Items 160, of 161, 163 Chapters 15 of the Section II of Provisions on the size of the minimum authorized (share) capital of non-bank financial institution are applied only to persons who address for receipt of the license after entry into force of relevant requirements.

16. Suppliers of financial services before approval of rates for services according to Item 387 of Chapter 47 of the Section VII, Item 410 of Chapter 49 of the Section VIII of the Provision do not submit the copy of the payment document confirming implementation of payment for this service (gi). Non-presentation of such document is not considered the basis for leaving of document package without consideration.

16-1. The licenses for trade in currency values existing on acceptance date of this resolution are effective.

The non-bank financial institutions and operators of mail service having current licenses on trade in currency values continue to perform trade in currency values in cash form based on the corresponding license.

16-2. The National Bank considers information and document packages given on fulfillment of requirements of the Regulations on licensing procedure on trade in currency values approved by the resolution of Board of the National Bank of Ukraine of March 26, 2021 No. 26 (further - No. Provision 26), according to requirements and according to the procedure, determined by the Provision No. 26.

17. No. 216 is excluded according to the Resolution of Board of the National Bank of Ukraine of 07.10.2022

18. National Bank within three months from the date of termination/cancellation of warlike situation in Ukraine:

1) excludes information on confidential societies from the State register of financial institutions;

Excludes 2) from the State register of financial institutions and the Register of persons which are not financial institutions, but have the right to provide separate financial services, persons which do not have license for activities on provision of financial services and concerning which on the date of entry into force of this resolution in National Bank there are no document packages for receipt of license for activities on provision of financial services;

3) cancels to insurers current licenses on implementation of insurance activity on compulsory national insurance;

4) renews to insurers current licenses on implementation of insurance activity on compulsory national insurance of athletes of the highest categories on the license on compulsory insurance of athletes of the highest categories.

18-1. To citizens and/or tax residents of the state, performs/performed the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" (further - the state aggressor), to physical persons which permanent residence is the territory of the state aggressor, legal entities, place of registration and/or the location of which is the state aggressor which are owners of essential participation who provide financial services (except persons on whom the National Bank makes the decision on non-use signs not of faultless goodwill, are determined in the subitem 7 of Item 223 of Chapter 25 or in the subitem 5 of Item 228 of Chapter 26 of the Section IV of Provisions), it is forbidden directly or indirectly, fully or partially to have voting power on acquired by shares (shares) and any image to participate in management of such supplier of financial services (further - will lock uses of voting power).

18-2. The prohibition of use of voting power is applied to the owner:

1) direct essential participation of suppliers of financial services - concerning the stocks (share in the authorized capital) of the supplier of financial services owned by it;

2) mediated essential participation of suppliers of financial services - concerning shares (share in the authorized capital) belonging to the shareholder (participant) of the supplier of financial services for whom such person has the mediated essential participation in suppliers of financial services (in the amount of, pro rata to the amount of participation of such mediated owner of essential participation).

18-3. Suppliers of financial services in which there are owners of essential participation specified in Item 18-1 of this resolution have the right to file the documents for appointment of a proxy specified in Item 435-10 of Chapter 53-2 of the Section VIII of the Provision to National Bank.

18-4. The National Bank makes the decision by results of consideration of the submitted documents for appointment of a proxy according to the procedure, established in Chapter 53-2 of the Section VIII of the Provision.

18-5. The goodwill of heads, chief accountant, key participants, owners of essential participation, key faces of the supplier of financial services who are citizens and/or tax residents of the state aggressor, physical persons which permanent residence is the territory of the state aggressor legal entities, place of registration and/or the location of which is the state aggressor, is not irreproachable (except persons on whom the National Bank makes the decision on non-use signs not of the faultless goodwill determined in the subitem 7 of Item 223 of Chapter 25 or the subitem 5 of Item 228 of Chapter 26 of the Section IV of Provisions).

19. 1, of 2, of 4, of 6, of 7, of 9, of 10, of 12, of 14, of 17, the 18th appendices to the resolution of Board of the National Bank of Ukraine of June 25, 2020 No. 83 "About ensuring implementation of powers and accomplishment of functions on state regulation and supervision in the sphere of the markets of financial services in questions of licensing and registration" to exclude Items.

20. Declare invalid the resolution of Board of the National Bank of Ukraine of March 30, 2021 No. 27 "About approval of the Regulations on determination of conditions of implementation of activities for provision of financial services which implementation requires the corresponding license (licensed conditions)".

21. The resolution becomes effective since January 1, 2022.

Approved by the Resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153

Regulations on licensing and registration of suppliers of financial services and condition of implementation by them of activities for provision of financial services

I. General provisions

1. Introduction provisions

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

2. Requirements of this provision extend on:

1) legal entities who address to the National Bank of Ukraine (further - National Bank) for inclusion, modification or exception of information about them and/or their separate divisions in/from the State register of financial organizations / the Register of faces which are not financial institutions, but have the right to provide separate financial services (further - the Register);

2) legal entities who intend perform/perform activities for provision of the financial services determined in Item 65 of Chapter 5 of the Section II of this provision;

3) branches of nonresident insurers;

4) persons who address to National Bank for receipt of coordination of acquisition or increase in essential participation in non-bank financial institutions, and persons through whom indirect possession is performed by essential participation in non-bank financial institutions which perform activities for provision of the financial services determined in Items 3 - 9, 11 parts one of Article 4 of the Financial services act, regulation and of which exercises supervision National Bank;

5) heads, chief accountants, key persons of non-bank financial institutions which perform activities for provision of the financial services determined in Items 3 - 9, 11 parts one of Article 4 of the Financial services act, legal entities who are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision National Bank.

Conditions and procedure for authorization of activities for provision of financial payment services and limited payment services it is determined by the regulatory legal act of National Bank by authorization of activities of suppliers of financial payment services and limited payment services.

3. This Provision determines procedure for licensing and registration of persons having intention performs/is right to perform activities for provision of financial services, and conditions of implementation of activities for provision of financial services (licensed conditions) by them, including:

1) procedure and procedure of maintaining register and Register of branches of nonresident insurers;

2) procedure and procedure of inclusion of person in the Register, Register of branches of nonresident insurers;

3) procedure and the procedure of licensing for implementation of activities for provision of the financial services determined in Item 65 of Chapter 5 of the Section II of this provision;

The procedure and the procedure of the coordination/notification about acquisitions or increases in essential participation in which provide 4) financial services (except credit unions), payment organizations, organizations of the electronic money, to operators of mail service having the right to provision of financial payment services;

5) requirements to goodwill and the evaluation procedure of goodwill of non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank, and also heads, chief accountants, key persons, non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank, legal entities and physical persons which are owners of essential participation or intend to acquire or increase essential participation in non-bank financial institution, the legal entity which is not financial institution, but has the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank;

6) requirements to professional suitability of heads, chief accountants, key persons, non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services, state regulation and supervision of which is exercised by National Bank;

7) requirements to financial condition of legal entities and property status of physical persons which are owners of essential participation or have intention to acquire or increase essential participation in which provide financial services (except credit unions and lessors), payment organizations, organizations of the electronic money, to operators of mail service having the right to provision of financial payment services, and also the principles (criteria) and technique of assessment of their financial/property condition;

8) procedure and the procedure of the notification on appointment (election) of the head, the chief accountant, key person, the worker responsible for carrying out financial monitoring (further - the responsible), in provision of financial services, suppliers of financial payment services, suppliers of limited payment services, state regulation and supervision of which is exercised by National Bank;

9) procedure and reconciliation procedure to position of the head, chief accountant of the insurer, joint credit union, payment organizations, organizations of electronic money, the operator of mail service, has the right to provision of financial payment services;

10) the requirements obligatory for accomplishment by non-bank financial institution, the legal entity which is not financial institution, but has the right to provide separate financial services, state regulation and supervision of which is exercised by National Bank, during implementation by them of activities for provision of financial services;

11) procedure and procedure of updating/modification of information about the supplier of financial services, owners of essential participation for provision of financial services and its separate divisions;

12) procedure and the procedure of the termination of activities for provision of financial services by non-bank financial institution, the legal entity which is not financial institution, but has the right to provide separate financial services, state regulation and supervision of which is exercised by National Bank;

13) procedure for control of observance of requirements of the legislation of Ukraine concerning registration and licensing, acquisition or increase in essential participation in non-bank financial institution.

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

1) the associated person - the husband or the wife, direct relatives of this person (the father, mother, children, brothers and sisters, the grandfather, the grandma, grandsons), direct relatives of the husband or the wife of this person, the husband or the wife of the direct relative;

2) the auditor - the subject of auditor activities according to the Law of Ukraine "About financial records audit and auditor activities" or nonresident person having the right to render auditor services according to the legislation of foreign state;

3) decisive influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized (share) capital or voting powers according to shares in the amount of 50 or more percent, and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

4) separate divisions - the branches, representations, departments, Items of rendering financial services, cash desks and other divisions providing financial services which perform everything or part of functions on provision of financial services from his name or perform functions of representation and protection of its interests;

5) the chief accountant - the accountant heading educated accounting service in the supplier of financial services, the regular accountant of the supplier of financial services if in the supplier of financial services the accounting service led by the chief accountant, person replacing it, or person to who conducting on a contract basis financial accounting (the non-staff specialist in financial accounting or audit registered as physical person entrepreneur, either self-employed person, or the specialist in financial accounting of the company, subject of business activity performing activities in the sphere of financial accounting and/or auditor activities performing business activity without creation of the legal entity) is assigned is not formed;

6) date of giving of complete document package - registration date in National Bank of the document package given in full according to the list of documents for implementation of the procedure provided by this Provision;

7) the State register of financial institutions - system of obtaining, accumulating, storage, protection, use and distribution of information (data) on non-bank financial institution which component is the Unified state register of insurers (overcautious persons) of Ukraine;

8) the electronic copy of the original document in paper form (further - the electronic copy of the document) - the visual representation of the paper document electronically gained by scanning of the paper original document which compliance to the original attested qualified digital signature (further - KEP) which is imposed on the document with observance of requirements of the legislation of Ukraine in the sphere of electronic confidential services and electronic document management (except cases when such assurance is not required by this Provision);

8-1) single e-mail address - the e-mail address of the applicant/supplier of financial services, the supplier of financial payment services providing limited payment services for implementation of official communication with National Bank it is presented to National Bank according to this Provision and/or the regulatory legal act of National Bank, determines procedure of authorization of activities of suppliers of financial payment services and limited payment services;

9) attraction of financial assets with the obligation concerning subsequent their return - financial service which assumes attraction of financial assets by credit institution based on the contract in writing with the credit union member (investor) according to obligations of credit union which attracts financial assets, concerning the subsequent return of such assets in accordance with the terms of the agreement and the legislation of Ukraine;

10) the statement for inclusion in the Register - registration card of legal person / the registration card of separate division of the legal entity constituted by the applicant in forms according to appendices 1 or 2 to this Provision which moves the applicant for inclusion of its or its separate division in the corresponding Register, modification of information on provision of financial services or its separate division and exception of data on separate division of the supplier of financial services of the corresponding Register;

11) the applicant - legal entity or physical person which independently or by proxy the representative addresses to National Bank in the procedure established by this Provision for the purpose of implementation of the procedure provided by this Provision;

12) reporting date - fortune as of which the legal entity makes the financial reporting according to requirements of the legislation of Ukraine (for the Ukrainian companies) or requirements of the legislation of foreign state (for the foreign companies);

13) considerable influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons shares, share in the authorized (share) capital or voting power according to shares in the amount of 10 or more, but less than 50 percent and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

14 investment grade of credit rating - long-term credit rating on the international scale according to obligations in foreign currency are not lower than the VVV-level on classification of rating agencies of "Standard & poor" of s" or "Fitch Ratings", and it is not lower than the Vaa3 level on classification of rating agency of "Moody" of s Investors Service";

15) the foreign company - the legal entity which main office is registered in foreign state;

16) the foreign financial organization - the foreign company which according to the legislation of foreign state has the right to provide one or several financial services;

17) the Qualification commission - the advisory and consultative collegiate organ created on board decision of National Bank to which powers conducting testing and interviews with heads, chief accountants, key faces of suppliers of financial services for provision of offers and recommendations to Committee on supervision and regulation of activities of the markets of non-bank financial services (further - Committee of supervision) about coordination (refusal in coordination), determinations of goodwill and professional suitability of heads, chief accountants, key faces of suppliers of financial services belongs;

18) the head - sole executive body or members of collegiate executive body and members of council (supervising, observant - in the presence) the supplier of financial services;

19) the head on licensing - the head of the structural unit of the National Bank responsible for licensing of suppliers of financial services, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or person fulfilling them duties;

20) the final owner of the supplier of financial services - the owner of essential participation in the supplier of financial services (physical person, the legal entity) in whose structure of property there are no other owners of essential participation on provision of the financial services determined according to this Provision, international financial institution, the public company, the state (on behalf of relevant organ of the government), territorial community (on behalf of relevant organ of local self-government);

21) the key participant in structure of property of the legal entity or supplier of financial services (further - the key participant) - any:

the physical person owning share in the authorized (share) capital (shares) of such legal entity, the legal entity who owns share (block of shares) in the amount of two and more percent in the authorized (share) capital of such legal entity, and at the same time:

if the legal entity has more than 20 participants - physical persons, then 20 participants - physical persons which shares are the greatest are considered as key members of the legal entity;

if identical by the size of share (blocks of shares) in the authorized (share) capital of the legal entity belong to more than 20 participants - physical persons, then all physical persons which own shares (block of shares) in the amount of two and more percent in the authorized (share) capital of such legal entity are considered as key members of the legal entity;

it is considered that the public company has no key participants;

22) key persons are persons who are not heads and responsible for implementation of key functions in the applicant or the supplier of financial services:

the internal auditor (the staff employee to whom function of carrying out internal audit or the head of the structural unit, internal audit, responsible for carrying out is assigned);

the chief komplayens-manager [the division manager on control of observance of regulations (komplayens) or person to who function of such division is assigned];

the chief risk manager (the division manager on risk management or person to who function of such division is assigned);

23) the Complex information system of National Bank - system which is placed according to the reference: https://kis.bank.gov.ua also provides, accumulating, storage, protection, use and distribution of information on the supplier of financial services, and also the possibility of giving of registration cards for entering of records into the Register provides;

24) the consolidating company - the legal entity, shares/share in whose authorized (share) capital the final owner of the supplier of financial services - physical person and through which such physical person indirectly owns essential participation in the supplier of financial services owns;

25) the lessor - the legal entity who in the procedure established by the legislation of Ukraine concerning regulation of the markets of financial services obtained the license for provision of services of financial leasing and the data about which are included in the Register of faces which are not financial institutions, but have the right to provide separate financial services;

26) pawnshop - the non-bank financial organization which based on the license for provision of money as a loan including on the terms of financial loan, performs activities for loan granting only on the security of property which shall be transferred to storage to pawnshop (except real estate and vehicles), and also has the right to perform other activities with observance of the restrictions on combination of activities set by this Provision;

27) international financial institution - organization with which the Government of Ukraine signed the agreement on cooperation and for which according to the laws of Ukraine privileges and immunities are established;

28) the supplier of financial services - non-bank financial institution, the lessor, the operator of mail service having the right to perform activities for trade in currency values;

28-1) supplier of financial payment services - payment organization (including small payment organization), branch of foreign payment organization, organization of electronic money, branch of foreign organization of electronic money, the operator of mail service who has the right to provide financial payment services;

29) non-bank financial institution - the financial institution which is not bank and having the right to provide the financial services determined in Item 65 of Chapter 5 of the Section II of this provision;

30) body of licensing and supervision - National Bank, the National commission performing state regulation in the sphere of the markets of financial services, State commission on regulation of the markets of financial services of Ukraine, also authorized bodies of foreign state concerning licensing and supervision of suppliers of financial services;

31) the personified (individual) accounting of life insurance contracts - system of actions which provide registration, processing, accumulating and storage of data according to life insurance contracts;

31-1) tax residents - person who according to the legislation of Ukraine / the foreign country is resident of Ukraine / the foreign country for the purposes of the taxation;

32) voting power - voting power in the supreme body of management of the legal entity which arises from ownership of shares/share in the authorized (share) capital of the given legal entity and/or the assignment;

33) the room - the part of non-residential unobstructed capacity of the building limited to construction elements with possibility of entrance and exit which is used by the supplier of financial services;

34) the intermediate company - the legal entity who owns essential participation in non-bank financial institution and who is not his final owner or the consolidating company;

35) the public company - the legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) and are admitted to trading in regulated segment of qualified stock exchange;

36) subordinated debt - the funds raised by the supplier of financial services from legal entities and physical persons, both residents, and nonresidents (further - the investor) in the form of loan which can be considered in case of determination of observance by the supplier of financial services of the obligatory norms determined by regulatory legal acts concerning regulation of the markets of financial services if:

the loan cannot be returned by the supplier of financial services to the investor before five years, and in case of bankruptcy or liquidation of the supplier of financial services returns to the investor after repayment of claims of all other creditors;

conditions of receipt of such loan conform to the requirements determined by National Bank for accounting of means of subordinated debt during determination of observance by the supplier of financial services of such obligatory standard rates;

accounting of loan in case of determination of observance by the supplier of financial services of the obligatory norms determined by regulatory legal acts concerning regulation of the markets of financial services, in coordination with National Bank according to the procedure, established by National Bank;

37) the route of payment - route of passing of money according to bank accounts from the sender (the initiator of payment) to the receiver;

38) the Ukrainian company - the legal entity created and registered according to the legislation of Ukraine;

39) authorized person of National Bank - The chairman of National Bank, the First Deputy Chairman of National Bank, the vice-chairman of National Bank, the head on licensing;

40) the authorized representative - physical person which has the right to making of the corresponding actions on behalf of physical person or legal entity based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation of Ukraine;

41) branch of the nonresident insurer - permanent mission of the nonresident insurer in the form of branch;

42) financial institution - the legal entity of the public law - non-bank financial institution which is created by the administrative act of the President of Ukraine, public authority, authority of the Autonomous Republic of Crimea or local government body and authorized to provide financial services (except financial institutions which have the status of the intergovernmental international organizations; Public treasurer service of Ukraine; state trust funds);

43) board members - persons who are part of collegiate executive body of the supplier of financial services;

44) members of council - persons who are part of collegiate organ (the supervising, supervisory board) of the supplier of financial services which within the competence determined by the legislation of Ukraine and the charter of the supplier of financial services exercises control of the supplier of financial services, and also controls and is regulated by activities of executive body (board) of the supplier of financial services.

Other terms in this Provision are used in the values given in the Financial services act, other laws and regulatory legal acts concerning regulation of the markets of financial services.

5. National Bank:

1) when making the actions provided by this Provision is guided by the principles determined in Items 1 - 5 parts one of Article 29 and Article 34 of the Financial services act;

2) exercises control of observance of requirements of this provision according to the procedure, determined by regulatory legal acts of National Bank concerning implementation of permanent supervision in the markets of non-bank financial services.

2. General requirements to documents which are filed to National Bank

6. The applicant files to National Bank documents within implementation of procedures according to this Provision according to determined by this Provision the list and requirements.

7. The applicant has the right to file to National Bank additional documents in case of its address with written reasons for feasibility of their representation.

8. The applicant bears responsibility for completeness and accuracy of the data, containing in the documents submitted to National Bank.

9. The documents submitted to National Bank according to this Provision shall be provided in Ukrainian, not contain corrections and inaccuracies, and also discrepancies between the data stated in them, and/or received from official sources.

Documents which are filed in paper form on two and more sheets shall be numbered, stitched and bear text: "All in this document it is numbered, stitched, ratified _______ sheets". On copies of documents the mark about assurance of the copy of the document bearing text becomes: "According to the original".

10. The documents submitted to National Bank according to this Provision shall be valid for date of their representation and during all term of consideration of documents according to the corresponding procedure provided by this Provision.

11. The documents constituted in foreign language for giving in National Bank shall be translated into Ukrainian (fidelity of the translation or authenticity of the signature of the translator makes sure notarially). The documents constituted in foreign language in case of simultaneous reduction of their text in Ukrainian are not translated into Ukrainian.

12. Documents which are issued in the foreign country for submission to National Bank shall be legalized in the procedure established by the law if other is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

13. The applicant in case of impossibility of observance of the requirements determined in Item 12 of Chapter 2 of the Section I of this provision concerning document creation issued in the foreign state, owing to circumstances, gives the corresponding reasonable explanations to National Bank. The National Bank has the right to consider the documents issued in the foreign state, which are drawn up without observance of the requirements specified in Item 12 of Chapter 2 of the Section I of this provision if recognizes the applicant's explanations reasonable.

14. The copies of documents of rather legal entity issued in the foreign state and which legalization is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine moves in National Bank signed by the head or other authorized representative of the legal entity.

15. The copies of documents concerning physical person issued in the foreign state and which legalization are not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine moves in National Bank signed by physical person or his authorized representative.

16. The documents received from electronic sources are certified by the signature:

1) the applicant, physical person concerning which such documents are issued, or his authorized representative;

2) the applicant or the authorized representative of the legal entity concerning whom such documents are issued.

17. The applicant has the right to submit the copy of the document (the electronic copy of the document) to National Bank if this Provision does not establish obligation on submission of the original document, certified in such procedure:

1) the copy of the document (the electronic copy of the document) issued by authorized state body which is certified by the signature (KEP for electronic copies of documents) the applicant (his authorized representative) or the notary;

2) the copy of the document (the electronic copy of the document) of physical person which makes sure the signature (KEP for electronic copies of documents) such person, his authorized representative;

3) the copy of the document (the electronic copy of the document) of the legal entity which is certified by the signature (KEP for electronic copies of documents) his authorized representative;

4) the copy of the document (the electronic copy of the document) issued in the foreign state which makes sure the signature (KEP for electronic copies of documents) the applicant (his authorized representative) or the notary.

The copy of the document (the electronic copy of the document) which moves in National Bank according to this Provision can be certified notarially at the request of the applicant.

18. The document package which moves in National Bank according to this Provision shall contain the document (the electronic document) confirming powers of the authorized representative on giving and signing of documents on behalf of the applicant [except the head of the applicant/supplier of financial services, information on whom contains in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register)].

19. The statement for licensing and the documents attached to it are accepted according to the inventory of all documents in packet with the specified names, dates of issue, bodies (persons), issued them. The description is signed personally by the applicant physical person or the authorized representative of the applicant or by imposing on the description of KEP of the corresponding person.

20. The documents determined by this Provision move in National Bank only one of the following methods:

1) in paper form with simultaneous obligatory submission of electronic copies of these documents (without imposing of KEP) on digital data carriers (USB флешнакопителях) or the means of electronic communication used by National Bank for electronic document management;

2) in electronic form or the electronic copy of the document signed by imposing of KEP - the electronic notification on official electronic mailbox of nbu@bank.gov.ua National Bank or other means of electronic communication used by National Bank for electronic document management.

21. Electronic documents and electronic copies of documents shall have the short name Latin letters which reflects content and details of the document.

22. Electronic copies of documents (with the imposed KEP and without imposing of KEP) are created by scanning of documents in paper form taking into account the following requirements:

1) the document is scanned in the file of the PDF format;

2) the scanned copy of each document is stored as the separate file;

3) the documents containing more than one page are scanned in one file;

4) permission of scanning shall be not lower than 300 dpi.

23. The National Bank verifies integrity and authenticity of data CAPS on the received electronic documents and/or electronic copies of documents. If check did not take place successfully, the National Bank notifies the applicant on rejection of documents in day of receipt of such documents or the next working day.

24. Documents in some cases, determined in this Provision, and upon the demand of National Bank are represented electronically in the xlsx format or other format.

In addition move in National Bank in the xlsx format:

1) the questionnaire of physical person concerning participation in provision of financial services, suppliers of financial payment services / limited payment services constituted in the form given in appendix 3 to this Provision (further - the questionnaire of physical person);

2) the questionnaire of the legal entity concerning participation in provision of financial services, suppliers of financial payment services / limited payment services constituted in the form given in appendix 4 to this Provision (further - the questionnaire of the legal entity);

3) the questionnaire of the head, chief accountant, key face of the applicant / supplier of financial services / the supplier of financial payment services / the supplier of limited payment services constituted in the form given in appendix 5 to this Provision (further – the questionnaire of the head);

4) information on property condition of physical person constituted in the form given in appendix 9 to this Provision.

25. The National Bank places on the page of official Internet representation of the document form which according to this Provision are represented to National Bank electronically in the xlsx format or other format determined by National Bank and descriptions of parameters of their filling.

26. The applicant has the right not to file documents on papers on condition of submission of all necessary documents in National Bank in the form of electronic documents or electronic copies of documents from the imposed KEP of the applicant / the authorized representative of the applicant or the notary according to requirements of this provision.

27. The data provided in documents on papers have advantage in case of availability of discrepancies between the data containing in documents on papers and in electronic copies of documents (without KEP). The National Bank has the right to demand from the applicant of provision of explanations concerning discrepancies between documents on papers and their electronic copies (without KEP), and also elimination of these discrepancies.

28. The National Bank provides to the applicant the copy of the inventory with mark about date of acceptance of document package on receipt of the license by National Bank and the signature of the employee of the National Bank responsible for documents acceptance.

The National Bank in case of representation by the applicant of document package by the method provided in the subitem 2 of Item 20 of Chapter 2 of the Section I of this provision within five working days directs to the applicant confirmation about receipt of the electronic message with documents which for the purposes of this provision is considered the copy of the inventory with mark about acceptance date of documents National Bank and the signature of the employee of the National Bank responsible for adoption of documents.

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