of February 25, 2022 No. 23
About some questions of activities of banks and banking groups
According to Articles 6, of 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 66, of 67, 73 Laws of Ukraine "About banks and banking activity", to the Law of Ukraine "About legal regime of warlike situation", to the Law of Ukraine of February 24, 2022 No. 2102-IX "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", to the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", for the purpose of minimization of negative impact of consequences of military aggression of the Russian Federation against Ukraine and assistance of banking system stability of Ukraine the Board of the National Bank of Ukraine DECIDES:
1. Approve Rules of work of banks in connection with introduction in Ukraine of warlike situation (further - Rules) which are attached.
2. Not perform in 2022 annual assessment of the stability of banks provided by the Regulations on implementation of assessment of stability of banks and bank system of Ukraine approved by the resolution of Board of the National Bank of Ukraine of December 22, 2017 No. 141 (with changes).
2-1. Not apply requirements of the Section IX of the Regulations on plans of the renewal of activities of banks of Ukraine and banking groups approved by the resolution of Board of the National Bank of Ukraine of July 18, 2019 No. 95 (with changes) (further - No. Provision 95), to the plans of renewal of activities of banks / banking groups developed in 2021.
2-2. To banks which shall carry out external efficiency evaluation and qualities of work of division of internal audit in 2022 for the purpose of observance of the requirement of the subitem 1 of Item 32 of the Section VII of the Regulations on the organization of the internal audit in banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of May 10, 2016 No. 311 (with changes), to carry out such assessment in 2023.
3. To banks, except national banks which dividends go for replenishment of the Government budget of Ukraine not to perform:
1) capital allocation in any form, except the direction of profit on increase in the authorized capital, forming of general reserves and funds of bank which join in fixed capital, covering of losses of last years;
2) dividend payouts to shareholders, except dividend payout according to preferred shares.
4. Prohibit to banks:
1) implementation of active transactions with the faces tied with bank regarding the conclusion of new credit agreements and agreements on provision by bank of financial liabilities, the conclusion of agreements on modification of credit agreements relatively:
increases in the amounts of the credits and financial liabilities;
2) early return of deposits (deposits) to the faces tied with bank, except the direction of ahead of schedule returned funds for increase in the capital of bank.
1) transactions of bank with parent bank / parent financial institution (nonresidents) on exchange of foreign currency on conditions "swap" within the 1st group of the Qualifier of foreign currencies and bank metals approved by the resolution of Board of the National Bank of Ukraine of February 04, 1998 No. 34 (in edition of the resolution of Board of the National Bank of Ukraine of April 19, 2016 No. 269) (with changes) (further - the Qualifier), in case of simultaneous observance of the following conditions:
transaction is performed for the purpose of maintenance of bank liquidity;
transaction is performed on the terms of advance payment from parent bank / parent financial institution;
changes of conditions of rather foreign currency and/or contract parties and/or the changes which are not corresponding to the purpose of carrying out transaction determined in the subitem 1 of Item 4-1 of this resolution were not made to the agreement (contract);
2) provision by bank of the secure (covered) guarantees and letters of credit to the faces tied with bank on:
transactions on commodity import [products, services, works, intellectual property rights and other non-property rights, held for sale (oplatny transfer)], specified in the resolution of the Cabinet of Ministers of Ukraine of February 24, 2022 to No. 153 "About some questions on ensuring implementation of import" (with changes);
to transactions of residents and nonresidents for holding mobilization and other actions (requirements) determined by the laws of Ukraine which govern the relations in spheres of ensuring national security and defense;
to transactions in the domestic market, obligation of provision of guarantees / letters of credit on which is stipulated by the legislation Ukraine.
Providing (covering) according to the guarantee/letter of credit shall correspond to at the same time following conditions:
the amount of cash cover (covering) is at least, than the size of the obligation provided by bank according to the guarantee/letter of credit;
the bank has indisputable control and access to cash cover (covering);
the bank has the right to perform contractual write-off of funds from the account on which cash cover (covering), in case of failure to carry out by the partner of obligations to bank is considered;
cash cover (covering) is placed for term, not smaller, than the term of these obligations (without the right of early withdrawal), in currency of the financial liability or in foreign currency of the 1st group of the Qualifier.
1) standard rates of the capital, liquidity, credit risk of investment, restriction on transactions between bank and the faces tied with the investor on subordinated debt, the banks established by the Instruction about procedure for regulation of activities in Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 28, 2001 No. 368, registered in the Ministry of Justice of Ukraine on September 26, 2001 for No. 841/6032 (with changes) (further - the Instruction No. 368);
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