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of August 19, 2022 No. 184
About approval of the Regulations on regulation of activities of Fund of partial guaranteeing the credits in agricultural industry
According to Articles 7, of 15, 55-1, 56, 58 Laws of Ukraine "About the National Bank of Ukraine", to Articles 21, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", to Articles 13, 18 Laws of Ukraine "About Fund of partial guaranteeing the credits in agricultural industry", for the purpose of ensuring regulation of activities of Fund of partial guaranteeing the credits in agricultural industry the Board of the National Bank of Ukraine DECIDES:
1. Approve Regulations on regulation of activities of Fund of partial guaranteeing the credits in agricultural industry which is applied.
2. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) to inform Fonda partial guaranteeing the credits in agricultural industry of Ukraine 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 Sergey Nikolaychuk.
Approved by the Resolution of Board of the National Bank of Ukraine of August 19, 2022 No. 184
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About financial services and state regulation of the markets of financial services" (further - the Financial services act), "About Fund of partial guaranteeing the credits in agricultural industry" (further - the Law on Fonda of partial guaranteeing).
2. Terms in this Provision are used in such values:
1) group of uniform guarantees - group of guarantees, the loans granted by Fund of partial guaranteeing in agricultural industry (further - Fund) for benefit of one financial institution to which the Fund applies identical approaches when calculating credit risk;
2) group of the partners connected with principal - two or more subjects of entrepreneurship, the having one or more signs determined in Item 13 of the Section III of this provision;
3) other financial institution - bank or non-bank financial institution before which the Fund does not perform guaranteeing according to credit obligations of subjects of entrepreneurship;
4) heads of Fund is the chairman, board members of Fund;
5) credit risk (further - the KR) - the settlement size which is determined taking into account the potential or existing risk which arises at Fund because of inability of the subject of entrepreneurship which undertook obligations to satisfy conditions of the credit agreement with financial institution or in a different way to fulfill the undertaken obligations and which calculation is given in the Section IV of this provision;
6) uncovered reserves credit risk (further - NKR) - difference between the KR size which calculation is given in the Section IV of this provision, and the amount of the provision created by Fund according to international accounting standards (further - IFRS);
7) the idle credit - the credit on which the financial institution imposed on Fund written requirement about payment of sum of money according to the provided guarantee and which the financial institution (bank) recognized as the unemployed according to the regulatory legal act of the National Bank of Ukraine (further - National Bank) and/or internal regulating documents of financial institution (Bank);
8) amount of the provided uncovered guarantees (further - OPNG) - the size of guarantees which are not covered with instruments of transfer of credit risks or the providing which is available for Fund;
9) the partner connected with principal - the subject of entrepreneurship having one or more signs determined in Item 13 of the Section III of this provision;
10) the principal - the subject of entrepreneurship specified in the guarantee provided by Fund as having the obligation according to the credit agreement which is provided with guarantee of Fund;
11) the subject of entrepreneurship - the subject of microentrepreneurship, small and medium business, physical person entrepreneur performing activities in the field of agricultural industry and answering to the criteria determined by the Law on Fonda of partial guaranteeing, and also belonging to determined by general meeting of members of Fund (further - General meeting) target group of the subjects of entrepreneurship having the participation right in partial guaranteeing accomplishment of obligations by Fund for credit agreements;
12) the member of Fund - the state, international financial institution or other legal entity owning share in the authorized capital of Fund;
13) financial institution - bank or the non-bank financial institution answering to the criteria approved by Council of Fund before which the Fund performs guaranteeing according to credit obligations of the subject of entrepreneurship with which the Fund signed the agreement on cooperation.
Other terms in this Provision are used in the values given in the Financial services act.
3. Requirements of this provision extend to Fund.
4. This Provision determines procedure for regulation of activities of Fund during ensuring support of the subjects of entrepreneurship performing activities in the field of agricultural industry which core activity is production of agricultural products and answering to the criteria determined by the Law on Fonda of partial guaranteeing, and also belonging to the target group of subjects of entrepreneurship determined by General meeting of members of Fund, by partial guaranteeing execution of their obligations to financial institutions.
5. The regulatory capital (further - RK) reflects the inventory of the capital of Fund available to covering of unexpected losses from realization of risks of activities of Fund.
6. RK is the amount of the following elements:
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