RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

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 and in 2024 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:

1) the Section IX of the Regulations on plans of the recovery 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 plans of recovery of activities of banks / the banking groups developed in 2021 except plans of recovery of activities of banks / banking groups updated since 2024;

2) paragraph two of Item 28 of the Section Vpolozheniya No. 95 during updating in 2024, 2025 of plans of recovery of activities of systemically important banks.

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.

2-3. The bank has the right to make the decision on derecognition of default of the debtor specified in the subitem 8 of Item 2-11 of Rules which default the bank recognized till February 25, 2025 (inclusive) only based on the subitem 7 of Item 2-9 of Rules without application of requirements of Items 167 and 167-1 of the Section XVIII of the Regulations on determination by banks of Ukraine of the extent of the credit risk for active banking activities approved by the resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351 (with changes) (further - No. Provisions 351), under condition if for date of assessment of credit risk the relation of financial result from operating activiies of the debtor to deduction of depreciation determined taking into account the features established in the subitem 8 of Item 2-11 of Rules, and corrected on the one-time not repeating components of other operational income / expenses according to the subitem 4 of Item 2-11 of Rules to settlement amount of annual financial expenses of the debtor on total debt of the debtor before all creditor banks and other creditors - the financial institutions which are subject to payment according to terms of the contract (ov) during the next 365 calendar days constitutes at least 1.

2-4. Banks in connection with temporary restriction of access to the state registers of Ukraine which are in competence of the Ministry of Justice of Ukraine (further - the state registers), when calculating the extent of credit risk as of January 01, on February 01, 2025 apply requirements of the subitem 1 of Item 107 of the Section X of the Provision No. 351 regarding availability of the highest priority of encumbrance of pledge/providing based on the right of direct trust for benefit of bank in the corresponding state register according to requirements of the legislation of Ukraine taking into account the following features:

1) under the agreements of pledge signed till November 30, 2024 (inclusive) - taking into account information which was used by bank when calculating the extent of credit risk on reporting date on December 01, 2024;

2) under the agreements of pledge signed from December 01 to December 18, 2024 (inclusive) - taking into account information from the state registers obtained by bank in case of the conclusion of such agreements;

3) under agreements of pledge and/or credit agreements, including prisoners within the general credit agreement on opening of credit line, and/or about modification of essential conditions of contracts which are signed by bank since December 19, 2024 and during the period of limited access to the state registers, - based on terms of the contract of pledge / the credit agreement concerning obligation of the debtor/pledger to provide the highest priority of encumbrance of pledged property for benefit of bank in the corresponding register of encumbrances of property after restoring access to the corresponding state registers;

4) under agreements of financial leasing under which owner of object of leasing is the bank, concluded since December 19, 2024 and during the period of limited access to the state registers, - based on conditions of agreements of financial leasing concerning the right of bank to easy access to the asset(s) transferred to financial leasing (lease).

3. To banks 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 of 1 level, covering of losses of last years;

2) dividend payouts to shareholders, except:

dividend payouts according to preferred shares;

the dividend payouts directed to the Government budget of Ukraine.

3-1. Provide to banks storage of part of the means in national currency which are compulsorily withdrawn according to the Law of Ukraine "About the basic principles of forced withdrawal in Ukraine of objects of the property right of the Russian Federation and its residents" (further - the Law), and also the means received from ownership of property right objects, withdrawn according to the Law (further - Means), from the date of their forced withdrawal / obtaining about day of their transfer in accordance with the established procedure for transfer in the Government budget of Ukraine, on correspondent account in the National Bank of Ukraine over the amount which is credited by banks for forming of required reserves according to requirements of normative and legal and administrative acts of the National Bank of Ukraine which regulate questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

The part of means which is subject to storage on correspondent account in the National Bank of Ukraine over the amount credited by banks in forming of required reserves is calculated by the following formula:

Chkkr = To • (1-Nor/100%),

where Chkkr - the part of means which is subject to storage on correspondent account in the National Bank of Ukraine over the amount credited by banks for forming of required reserves;

K-means;

Holes - the standard rate of obligatory reservation in national currency, is applied to Means according to requirements of normative and legal and administrative acts of the National Bank of Ukraine which regulate questions of forming and storage of required reserves by banks of Ukraine and branches of foreign banks.

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