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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 25, 2022 No. 190

About approval of the Regulations on establishment of prudential standard rates which are obligatory for observance by non-bank payment service providers, and determination of technique of their calculation

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", to Articles 16, of 78, of 81 Law of Ukraine "About payment services", for the purpose of settlement of activities of the non-bank organizations providing financial payment services Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on establishment of prudential standard rates which are obligatory for observance by non-bank payment service providers and determination of technique of their calculation (further - the Provision) which is applied.

2. Requirements of the Provision are applied to non-bank financial institutions, operators of mail service which have the license for money transfer in national currency without opening of accounts granted by the National Bank of Ukraine about day of enforcement of the Law of Ukraine "About payment services" from the date of receipt by them licenses for provision of financial payment services according to the Law of Ukraine "About payment services".

3. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform non-bank payment service providers about adoption of this resolution.

4. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Sergey Nikolaychuk.

5. 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 August 25, 2022 No. 190

Regulations on establishment of prudential standard rates which are obligatory for observance by non-bank payment service providers, and determination of technique of their calculation

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About payment services" and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

2. Terms in this Provision are used in such values:

1) equity - residual cost of assets of the non-bank supplier of financial payment services after deduction of all its obligations;

2) credit risk - risk of emergence of losses or additional losses or short-reception of the planned income or emergence of adverse changes in financial condition of the non-bank supplier of financial payment services owing to non-execution by the debtor/partner of the undertaken obligations in accordance with the terms of the agreement;

3) the non-bank supplier of financial payment services - payment organizations (including small payment organizations), branches of foreign payment organizations, organizations of electronic money, financial institutions which have the right to provision of payment services, operators of mail service;

4) acceptable assets - the assets of the non-bank supplier of financial payment services including money and their equivalents, and also the debt securities (government bonds of Ukraine, the bond of local loans, bonds of international financial institutions) which are in the stock exchange list (except for the assets, the amounts concerning means which use is limited, and/or except for money on accounts in the banks referred to category of insolvent);

5) the regulatory capital - the capital which the non-bank supplier of financial payment services shall have at the order which basic purpose is absorption of the losses caused by risks to which non-bank suppliers of financial payment services are exposed during implementation by them of activities for provision of payment services and the related support services;

6) risk - probability of emergence of losses or additional losses or short-reception of the income or failure to carry out of the obligations owing to impact of negative internal, external factors;

7) the branch of foreign payment organization is permanent mission of foreign payment organization / organization of electronic money in the form of branch.

The term "assets" is used in this Provision in the value given in the Law of Ukraine "About financial accounting and the financial reporting in Ukraine".

The term "the user of payment services (further-the user)" is used in the value determined in the Law of Ukraine "About payment services".

Other terms in this Provision are used in the values determined by the Laws of Ukraine "About the National Bank of Ukraine", "About payment services", "About financial services and state regulation of the markets of financial services".

3. This Provision for the purposes of implementation of supervision determines method of calculation of prudential standard rates and establishes such prudential standard rates which are obligatory for observance by non-bank suppliers of financial payment services:

1) standard rates of the capital:

minimum size of equity (N 1);

sufficiency (adequacy) of the regulatory capital (N 2);

2) standard rates of credit risk:

the maximum extent of credit risk on one person (the user, group of the connected users) (N 3);

the maximum extent of credit risks on all persons (users) (N 4);

3) standard rate of short-term liquidity (N 5).

4. Requirements of this provision extend to non-bank suppliers of financial payment services who obtained the license for provision of financial payment services according to the Law of Ukraine "About payment services".

5. Non-bank suppliers of financial payment services (except small payment organizations) shall adhere daily in the activities to standard rates of the minimum size of equity (N 1) and sufficiency (adequacy) of the regulatory capital (N 2).

6. Small payment organizations shall adhere daily in the activities to the standard rate of the minimum size of equity (N 1).

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