Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Unofficial translation (c) Soyuzpravoinform LLC

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 29, 2022 No. 162

About approval of the Instruction about procedure for opening and closing of accounts to users payment service providers on servicing of accounts

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 47 of the Law of Ukraine "About banks and banking activity", article 64 of the Law of Ukraine "About payment services", for the purpose of establishment of procedure for opening and closing of accounts to users by payment service providers on servicing of accounts the Board of the National Bank of Ukraine DECIDES:

1. Approve the Instruction about procedure for opening and closing of accounts to users as payment service providers on servicing of accounts (further - the Instruction) which is attached.

2. To department of payment systems and innovative development (Andrey Podderegin) after official publication to inform payment service providers on servicing of accounts 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 enforcement of the Law of Ukraine "About payment services", except the subitem 15 of Item 3 and the paragraph of the sixth Item 13 of the Section I of the Instruction which become effective in 36 months from the date of enforcement of the Law of Ukraine "About payment services".

Chairman

K. Shevchenko

Approved by the Resolution of Board of the National Bank of Ukraine of July 29, 2022 No. 162

The instruction about procedure for opening and closing of accounts to users payment service providers on servicing of accounts

I. General provisions

1. This Instruction is developed according to the Laws of Ukraine "About banks and banking activity", "About payment services" (further - the Law) and other legislation of Ukraine.

2. This Instruction regulates procedure for opening and closing of accounts to users payment service providers on servicing of accounts (further - the payment service provider) and features of implementation of payment transactions on the separate accounts of users opened according to the laws of Ukraine.

3. Terms in this Instruction are used in the following value:

1) corresponding bank - bank, branch of foreign bank in Ukraine which based on the agreement and according to the procedure, established by the National Bank of Ukraine (further - National Bank) opens correspondent account in other bank;

2) separate division - branch, department, representation or other separate division which has no status of the legal entity and performs the activities on behalf of legal resident person;

3) separate division of legal nonresident person - branch, representation or other separate division of the legal nonresident person performing business activity in the territory of Ukraine on behalf of legal nonresident person;

4) the supplementary (deposit) account - the account opened by bank for the client on contractual basis for storage of the means given by the client to bank to fixed term or without specifying of such term under certain percent (income) and which are subject to return in accordance with the terms of the agreement.

The retirement deposit accounts opened for physical persons according to the Law of Ukraine "About non-state pension provision" for accumulating of savings on pension payment also belong to supplementary (deposit) accounts;

5) 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 registration of physical person in the State register of physical persons - taxpayers;

6) correspondent account - the account opened by bank for other bank, branch of foreign bank in Ukraine for accomplishment of interbank payment transactions;

7) the user - physical person or the legal entity who receives or intends to receive payment service, and in case of provision of services by bank - the client of bank;

8) international organization - The United Nations which performs the activities according to the Convention on privileges and immunities of the United Nations of February 13, 1946) (further - the UN), UN specialized agencies which perform the activities according to the Convention of the UN on privileges and immunities of specialized agencies (of November 21, 1947) the international financial institutions which perform the activities based on the international programs and arrangements supported (guaranteed) by the Cabinet of Ministers of Ukraine, directed to support of economy of Ukraine, the international organizations which perform the activities according to the Convention on legal status, privileges and immunities of the interstate economic organizations operating in certain areas of cooperation (of December 05, 1980) (further - IFI), and other international organizations which have immunity and diplomatic privileges;

9) the payment service provider - bank and the non-bank payment service provider;

10) the non-bank payment service provider - the payment service provider who is not bank and according to the Law acquired the right to rendering all or separate financial payment services. Payment organizations (including small payment organizations), branches of foreign payment organizations, organizations of electronic money, operators of mail service treat non-bank payment service providers;

11) the payment account - the account opened by the non-bank payment service provider for the user on contractual basis only for the purposes of accomplishment of payment transactions in accordance with the terms of the agreement and requirements of the legislation of Ukraine;

12) the current account - the account (including the account with the special mode of use) opened by bank for the client for storage of means and accomplishment of payment transactions in accordance with the terms of the agreement and requirements of the legislation of Ukraine;

13) the account of conditional storage (eskro) - the account which opens bank to the client on contractual basis for transfer of funds for the account and their transfers / issues of means cash in cases, stipulated by the legislation Ukraine, to person (persons) specified (specified) client (the beneficiary or beneficiaries), and in case of provision by the beneficiary of written specifying of 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;

14) the settlement account - the account opened by bank for the non-bank payment service provider, the financial institution having the right to rendering payment services only for the purposes of ensuring accomplishment of payment transactions of its users;

15) the third-party payment service provider - the supplier of non-financial payment services who according to the Law acquired the right to provision of non-financial payment services;

16) subjects of managing - legal resident persons and physical persons entrepreneurs;

17) the authorized worker of the payment service provider - the worker of the payment service provider to whom according to internal documents of the payment service provider the obligation on opening, servicing and closing of accounts of users and implementation of other powers provided by this Instruction is assigned.

The terms "resident", "nonresident" in this Instruction are used in the values given in the Law of Ukraine "About currency and currency transactions", and the terms "accountable account", "independent professional activity" - in the values given in the Tax code of Ukraine. Other terms used in this Instruction are applied in the values determined by the legislation of Ukraine.

4. The banks, their separate divisions performing banking activity from bank name and branches of foreign banks in Ukraine (further - bank) have the right to open current, supplementary (deposit) accounts and accounts of conditional storage (eskro):

1) to residents of Ukraine [to legal entities with the location in the territory of Ukraine performing the activities according to the legislation of Ukraine (further - legal resident person), to their separate divisions, separate divisions of legal nonresident persons, physical persons, physical persons entrepreneurs, physical persons performing independent professional activity according to the legislation of Ukraine];

2) to nonresidents of Ukraine [to legal entities with the location outside Ukraine who are created and are effective according to the legislation of foreign state (further - legal nonresident person), to representations and other separate divisions of such legal entities in Ukraine which do not perform business activity in the territory of Ukraine on behalf of legal nonresident person (further - representation of the legal nonresident persons who are not performing business activity), to the official representations, the international organizations and their separate divisions having immunity and diplomatic privileges and also representative offices of other organizations with the location outside Ukraine which are created and are effective according to the legislation of foreign state and do not perform business activity according to the legislation of Ukraine, to physical persons].

The bank has the right to open correspondent accounts for resident banks and nonresidents of Ukraine, branches of foreign banks in Ukraine.

The bank has the right to open settlement accounts for non-bank payment service providers and financial institutions which have the right to provision of payment services only for ensuring accomplishment of payment transactions of the users by them.

5. Non-bank payment service providers - payment organizations (except small payment organizations), organizations of electronic money, operators of mail service have the right to open payment accounts:

1) to residents (legal resident persons, their separate divisions, separate divisions of legal nonresident persons, physical persons entrepreneurs, physical persons);

2) to nonresidents of Ukraine (physical persons).

The small payment organization, branch of foreign payment organization have the right to open payment accounts only for the residents of Ukraine specified in the subitem 1 of Item 5 of the Section I of this Instruction, and in national currency.

6. Non-bank payment service providers, financial institutions which have the right to provision of payment services shall provide department of money of users from own means and means of other persons (except users) which can be at the disposal of the non-bank payment service provider, financial institution which has the right to provision of payment services.

The non-bank payment service provider, the financial institution having the right to provision of payment services shall for the purposes, certain in paragraph one of Item 6 of the Section I of this Instruction, open in bank:

1) the current account according to the procedure, determined in the Section II of this Instruction on which own means of the non-bank payment service provider will be considered, of financial institution which has the right to provision of payment services, and other persons (except users) and payment transactions, stipulated by the legislation Ukraine will be performed;

2) the settlement account according to the procedure, determined in the Section XII of this Instruction, only for accounting of means and accomplishment of payment transactions of its users.

7. The bank shall inform during opening of the account the physical person, physical person entrepreneur of information on procedure for compensation/not compensation by Fund of guaranteeing household deposits (further - Fund) the means placed on customer accounts, according to the procedure, determined by the regulatory legal act of Fund for questions of protection of the rights and interests of investors.

The non-bank payment service provider shall acquaint during opening of the payment account the user under list that the guarantees established by the Law of Ukraine "About system of guaranteeing household deposits" do not extend to money of users which is placed on this account.

8. The user has the right at its sole option to open the corresponding accounts in any payment service providers who have the right to open accounts for users according to the Law and this Instruction.

The user for opening of the account files to the payment service provider documents which for the period of their representation shall be acting (valid) and their registration shall conform to requirements of the legislation of Ukraine.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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.
More about search system

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.