RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 6, 2022 No. 39

About settlement of activities of participants of the market of the non-bank financial services, non-bank financial groups, participants of the payment market, the collection companies and legal entities who obtained the license for provision to banks of services in collection

According to Articles 7, 15, 55-1 Law of Ukraine "About the National Bank of Ukraine", to Articles 19, 21, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", article 36 of the Law of Ukraine "About insurance", article 26 of the Law of Ukraine "About credit unions", to Articles 9, 10 and 12 Laws of Ukraine "About payment systems and money transfer in Ukraine", 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 safety and financial stability of financial system, prevention of the crisis phenomena during introduction of warlike situation and minimization of negative impact of consequences of military aggression of the Russian Federation against Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Distribute requirements of this resolution on:

1) participants of the market of non-bank financial services, supervision of which activities is exercised by the National Bank of Ukraine (further - participants of the market of non-bank financial services):

non-bank financial institutions;

legal entities who are not financial institutions, but have the right to provide separate financial services;

persons rendering intermediary services in the markets of financial services;

physical persons entrepreneurs who provide financial services;

permanent missions in form of branches of foreign insurance companies which obtained in accordance with the established procedure the license for implementation of insurance activity;

2) non-bank financial groups, supervision on the consolidated basis of which is exercised by the National Bank of Ukraine (further - National Bank);

3) payment institutes of payment systems, resident members of payment service providers;

3-1) operators of payment systems, technological operators of payment services;

4) collection companies;

5) the legal entities who obtained the license of the National Bank of Ukraine for provision to banks of services in collection;

6) the commercial agents involved to provision of financial payment services;

7) the non-bank payment service providers determined by the Law of Ukraine" About payment services" (except suppliers of non-financial payment services), suppliers of limited payment services.

1-1. Requirements of this resolution extend to banks, public authorities, local government bodies which are payment service providers, in the cases determined by this resolution.

1-2. Requirements of Item 19 of this resolution extend to persons filing to National Bank documents within the procedures determined by the regulatory legal acts of National Bank specified in appendix to this resolution.

1-3. Provisions of subitems 1, 3-5 Items 2, of paragraphs of the first and third Item 20 of this resolution are not applied to persons specified in Item 1 of this resolution who after entry into force of the Law of Ukraine of July 27, 2022 "About modification of some legal acts of Ukraine concerning features of activities of the financial sector in connection with introduction of warlike situation in Ukraine" (further - the Law) changed No. 2463-IX the location and settlements of territorial communities became their new location:

1) the list of the territorial communities located around carrying out military (fighting) operations or which are in temporary occupation, the environment (blocking) which is created according to the procedure, established by the Cabinet of Ministers of Ukraine (further - the list 1), - during action of the list 1; or

2) Item 2 of the Section I "The territories of active fighting" and the Section II "The territories of Ukraine which are temporarily occupied by the Russian Federation" of the list of the territories in which are conducted fighting or No. which are temporarily occupied by the Russian Federation, the Ministry of questions of reintegration of temporarily occupied territories of Ukraine approved by the order of December 22, 2022 309, registered in the Ministry of Justice of Ukraine on December 23, 2022 at No. 1668/39004 (with changes) (was conducted) provided that concerning the respective settlement dates of completion of fighting actions / dates of completion of temporary occupation (further - the List 2) are not determined.

1-4. Provisions of Item 1-3 of this resolution do not extend to persons specified in Item 1 of this resolution who before date of inclusion of the respective settlement of territorial community in the list 1 and/or the list 2 changed the location.

2. The National Bank does not apply to persons specified in Item 1 of this resolution, corrective actions for:

1) non-presentation, untimely submission of the reporting established by Rules of creation and submission of the reporting by the participants of the market of non-bank financial services to the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of November 25, 2021 No. 123 (further - Rules No. 123), and also other information and/or documents which/which as of day of entry into force of the law these persons shall submit to National Bank according to the requirements established by the legislation of Ukraine including submission of information and/or documents on request or the requirement of National Bank which/which submission due date did not expire on the date of entry into force of the law provided that such violations are eliminated within 60 calendar days from the date of entry into force of the law or are allowed by persons whose location are settlements of territorial communities, are included in the list 1 and/or the list 2, during stay of territorial community in the list 1 and/or the list 2 and within three months after its exception of the list 1 and/or the list 2;

2) violations of terms of accounts presentation and consolidated financial statements for 2021, interim financial statements and intermediate consolidated financial statements for 2022, the financial reporting and consolidated financial statements for 2022, interim financial statements and the intermediate consolidated financial statements for 2023 constituted on the basis of taxonomy of the financial reporting according to international standards in single electronic format in the center of collection of the financial reporting, operation management of which the National commission on securities and the stock market exercises;

3) violations of the requirement about availability of the equity determined in Item 162 of the Section II of Provisions on licensing and registration of suppliers of financial services and conditions of the implementation by them of activities for provision of financial services approved by the resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153 (further - Regulations on licensing and registration) provided that such violations were allowed by persons whose location is the settlements of territorial communities included in the List 1 and/or the List 2, during finding of territorial community in the List 1 and/or the List 2 and within three months after its exception of the List 1 and/or the List 2;

4) violation of requirements concerning submission to National Bank of documents and information determined by the 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" (with changes) (further - the Resolution No. 153), the resolution of Board of the National Bank of Ukraine of August 12, 2022 No. 177 "About features of application of procedures of registration and licensing of participants of the market of non-bank financial services during action of warlike situation and introduction of amendments to the resolution of Board of the National Bank of Ukraine of March 06, 2022 No. 39" (with changes) (further - the resolution No. 177), Regulations on licensing and registration provided that such violations are allowed:

till August 17, 2022 are also eliminated within 60 calendar days from this date;

after August 17, 2022 persons whose location are the settlements of territorial communities included in the list 1 and/or the list 2, during stay of territorial community in the list 1 and/or the list 2 and within three months after its exception of the list 1 and/or the list 2;

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