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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 (except operators of mail service), regulation and supervision of which is exercised by 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) within six months from the date of entry into force of this resolution also to one of the methods determined in Item 20 of Chapter 2 of the Section I of the Provision, to give to National Bank written assurance of any form is relative:

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 to requirements of Item 213 of Chapter 22 of the Section III of Provisions of persons having essential participation in the supplier of financial services by transfer of voting power to them on shares/shares in the authorized (share) capital of the supplier of financial services in powers of attorney/powers of attorney from participants/members of the supplier of financial services, the power of attorney/power of attorney from participants/members of non-bank financial institution and also to file documents which confirm such compliance (does not extend to legal entities who are not financial institutions, but have the right to provide separate financial services);

compliance to requirements of Item 214 of Chapter 22 of the Section III of Provisions of persons having the essential participation in the supplier of financial services acquired by way of transfer by it in management of shares/share in the authorized (share) capital of the supplier of financial services and/or any legal entity in chain of ownership of corporate laws on provision of financial services, the conclusions of the transaction about transfer of shares/share in the authorized (share) capital and also to file documents which confirm such compliance (does not extend to legal entities who are not financial institutions, but have the right to provide separate financial services);

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 in non-bank financial institution 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 Provisions, 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) signed by such persons in the form given in appendix 4 to the Provision (does not extend to legal entities who are not financial institutions, but have the right to provide separate financial services);

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;

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 operators of mail service), within six months from the date of entry into force of this resolution 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. Information moves concerning all separate divisions of the legal entity.

4. To the joint credit unions, credit unions and insurers within six months from the date of entry into force of this resolution:

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 entry into force of this resolution 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 according to the procedure, provided in the Section X of the Provision.

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 essential participation in financial institution, after acceptance by National bank / authorized body of foreign state of the decision on insolvency of financial organization / foreign financial institution or withdrawal of the license at it was provided to such person.

7. The signs of not irreproachable goodwill determined in Item 1) of Chapter 26 of the Section IV of Provisions are not applied to the legal entity if coordination of acquisition or increase in essential participation in other financial institution after acceptance by National bank / authorized body of foreign state of the decision on insolvency of financial organization / foreign financial institution or withdrawal of the license at it was provided to such person.

8. Persons who acquired or increased essential participation in the supplier of financial services 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 acquisition or increase in essential participation in the supplier of financial services 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 in the supplier of financial services 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.

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.

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 the subitem 4 Items 160, of Item 163 of Chapter 15 of the Section II of Provisions of rather minimum size of the authorized capital of insurers, are applied only to insurers who received the corresponding status after entry into force of this resolution.

16. Suppliers of financial services before approval of rates for services according to Item 386 of Chapter 47, Item 410 of Chapter 49 of the Section VII 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 documents without consideration.

17. Suppliers of financial services before reduction of the Complex information system of National Bank in compliance with requirements of the Provision give to National Bank registration card of legal person / the registration card of separate division of the legal entity constituted in the form provided by the regulatory legal act concerning registration of financial institutions which was effective before entry into force of this resolution.

The National Bank before reduction of the Complex information system of National Bank in compliance with requirements of the Provision considers registration cards of legal person / registration cards of separate divisions of the legal entity constituted in the forms operating before entry into force of this resolution as the Provisions conforming to requirements.

18. National Bank within three months from the date of entry into force of this resolution:

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.

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.

Chairman

K. Shevchenko

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".

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) (except operators of mail service);

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.

The procedure for issue of licenses for trade in currency values, money transfer in national currency without opening of accounts is determined by regulatory legal acts of National Bank concerning licensing of the corresponding financial 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;

4) procedure and reconciliation procedure of acquisition or increase in essential participation in non-bank financial institutions, state regulation and supervision of which is exercised by National Bank (except credit unions);

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, state regulation and supervision of which is exercised by National Bank, and also heads, chief accountants, key persons of 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, legal entities and physical persons which are owners of essential participation or have intention to acquire or increase essential participation in non-bank financial institution, state regulation and supervision behind which exercises 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 non-bank financial institution, state regulation and supervision behind which exercises National Bank, and also to 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 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;

9) procedure and reconciliation procedure to position of the head, chief accountant of the insurer, joint credit union;

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 of the applicant/notary (except cases when such assurance is not required by this Provision);

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;

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 questions of 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;

29) non-bank financial institution - the financial institution which is not bank and acquired in accordance with the established procedure the right to provide financial services in the markets of financial services concerning which state regulation and supervision is exercised by National Bank;

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;

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;

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Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
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Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.