Unofficial translation (c) Soyuzpravoinform LLC
of April 15, 2022 No. 74
About approval of the Instruction about procedure for opening and closing of accounts with the National Bank of Ukraine to clients
According to Articles 15, of 42, 56 Laws of Ukraine "About the National Bank of Ukraine", the Law of Ukraine of June 30, 2021 No. 1587-IX "About modification of some legal acts of Ukraine concerning enhancement of questions of the organization of corporate management in banks and other questions of functioning of bank system", for the purpose of determination of procedure for opening and closing of accounts with the National Bank of Ukraine to clients the Board of the National Bank of Ukraine decides:
1. Approve the Instruction about procedure for opening and closing of accounts with the National Bank of Ukraine to clients which is attached.
2. To department of payment systems and innovative development (Andrey Podderegin) after official publication to inform banks information on adoption of this resolution.
3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.
4. The resolution becomes effective from the date of, its official publication following behind day.
Chairman
K. Shevchenko
Approved by the Resolution of Board of the National Bank of Ukraine of April 15, 2022 No. 74
1. This Instruction is developed according to Civil the code of Ukraine, to the Law of Ukraine "About the National Bank of Ukraine" (further - the Law), to the legislation of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).
2. This Instruction regulates procedure for opening and closing of accounts with National Bank to the clients specified in article 42 of the Law (further - the client).
Requirements of this Instruction are not applied when opening of correspondent accounts by National Bank to resident banks of Ukraine and branches of foreign banks in Ukraine in national currency.
3. Terms in this Instruction are used in the following value:
1) the document with registration number of accounting card of the taxpayer (further - the document with RNUKPN) - the document issued by the relevant monitoring body, certifying its registration in the State register of physical persons - taxpayers;
2) the current account - the account (including accumulation account) which opens National Bank for the client (except resident banks of Ukraine and branches of foreign banks in Ukraine) for storage of money and accomplishment of payment transactions in accordance with the terms of the agreement and requirements of the legislation of Ukraine;
3) the account of conditional storage (eskro) - the account which opens National Bank for the client on contractual basis for transfer of funds for the account and transfers to their person (persons) specified (specified) client (the beneficiary or beneficiaries), and in case of provision by the beneficiary of written specifying of National Bank - to person (persons) specified (specified) beneficiary if it is provided by the agreement, or return of such means to the client in case of approach of the bases provided by the agreement;
4) the authorized employee of National Bank - the employee of Operations department to whom according to the administrative act of National Bank the obligation on opening/closing of customer accounts of National Bank is assigned.
The terms "resident", "nonresident" are used in this instruction in the values given in the Law of Ukraine "About currency and currency transactions". Other terms used in this Instruction are applied in the values determined by the legislation of Ukraine.
4. The client for opening of the account submits to National Bank the documents determined by this Instruction which for the period of their representation shall be acting (valid) and their registration shall conform to requirements of the legislation of Ukraine.
5. The National Bank develops forms of statements for opening/closing of accounts with indication of the details determined in appendices 1, 2 to this Instruction.
The client and National Bank fill details of the corresponding statement taking into account the requirements specified in appendices 1, 2 to this Instruction.
The client has the right in any form to issue application for account termination with indication of the details determined in appendix 2 to this Instruction.
6. Conditions of opening of the account and feature of its servicing are specified in the agreement which is signed between National Bank and the client - the account holder, and shall not contradict requirements of this Instruction.
The bank account agreement and the agreement of the account of conditional storage (eskro) consist between National Bank and the client taking into account the requirements determined by the Law of Ukraine "About financial services and finance companies".
The details of the statement for opening of the account determined in appendix 1 to this Instruction can be specified in bank account agreement, the agreement of the account of conditional storage (eskro).
7. The client represents/sends to National Bank when opening the current account, the list of persons who have the right to dispose of the account and to sign payment instructions (further - the list).
The list is constituted by the client in any form and shall contain the following obligatory details: surname, name, middle name (in the presence) manager of the account and its signature. The number of managers of the account in the list is not limited. The list provided by the client makes sure the signature of the head (authorized person).
The client submits/sends to National Bank the new list in case of change of persons having the right to dispose of the current account and to sign payment instructions.
8. Copies of the documents submitted to National Bank for opening of the account shall be attested in the procedure established by the legislation of Ukraine.
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