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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 26, 2022 No. 208

About approval of the Regulations on registration of payment service providers, members of payment service providers and technological operators of payment services

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 24, of 71, of 73, 79 Laws of Ukraine "About payment services", for the purpose of establishment of order of registration of payment systems, members of payment service providers and technological operators of payment services the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on registration of payment service providers, members of payment service providers and technological operators of payment services (further - the Provision) which is applied.

2. The National Bank of Ukraine (further - National Bank) according to requirements of Item 8 of the Section VIII of the Law of Ukraine "About payment services" (further - the Law) provides entering into the Register of payment infrastructure (further - the Register) the data concerning payment systems and their participants, data on whom are entered in the Register of payment systems, settlement systems, participants of these systems and operators of services of payment infrastructure (further - the Register of payment systems). Data concerning payment systems and their participants who on the date of enforcement of the Law contained in the Register of payment systems are entered in the Register.

3. Payment institutes of payment systems, data on which are included in the Register of payment systems, shall:

1) during the term determined in the subitem 1 of Item 9 of the Section VIII of the law to submit to National Bank the notification on intentions of rather further work of payment system in Ukraine;

2) in the presence of intention to continue work of payment system in Ukraine to bring the activities into accord with the Law during the term determined in the subitem 2 of Item 9 of the Section VIII of the Law.

The notification of payment institute of payment system in which it will be specified about the termination of provision of services of payment system shall contain assurances of National Bank about completion of calculations in payment system, lack of obligations to members of this payment service provider and users.

4. Registration of payment service providers which operators notified National Bank on the termination of provision of services of payment system and members of these payment service providers is considered cancelled from the date of entering of data on it into the Register. The National Bank within 10 working days from the date of cancellation of registration of payment service provider and its participants notifies the operator of payment system and members of payment service provider on date of exception of information about them of the Register.

5. Technological operators of payment services (further - technological operators), data on which are entered by National Bank in the Register according to Item 10 of the Section VIII of the Law, but which do not intend to continue activities of the technological operator, shall within 30 calendar days from the date of entry into force of this resolution submit to National Bank the termination letter of provision of services of the technological operator which shall contain assurances of National Bank about lack of agreement obligations about provision of services in payment system before payment institute of payment system and members of payment service provider.

Registration of technological operators who notified National Bank on the termination of provision of services of the technological operator is considered cancelled from the date of entering of data on it into the Register. The National Bank within 10 working days from the date of cancellation of registration of technological operator notifies the technological operator on date of exception of information about him of the Register.

6. Documents which were filed by payment institutes of payment systems, members of payment service providers operators of services of payment infrastructure according to the Regulations on order of registration of payment systems, members of payment service providers and operators of services of payment infrastructure approved by the resolution of Board of the National Bank of Ukraine of February 4, 2014 No. 43, registered in the Ministry of Justice of Ukraine on March 5, 2014 for No. 348/25125 (with changes) (further - No. provision 43), about day of entry into force of this resolution and decision on which consideration by National Bank on the date of entry into force of this resolution is not made are considered left without consideration. The National Bank notifies such persons on leaving of documents without consideration and returns documents which were filed in paper form, by mail with the assurance of receipt.

7. Operators of payment systems, members of payment service providers, technological operators, data on whom are entered in the Register, for continuation of the activities shall not represent to National Bank the documents updated according to requirements of the Provision.

Operators of payment systems, members of payment service providers and technological operators shall give to National Bank the Provisions updated according to requirements documents in need of coordination with National Bank of changes in documents based on which they perform activities in the payment market.

8. Certificates on coordination of rules/changes in rules of payment system, the registration certificates granted by National Bank according to No. Provision 43, lose force from the date of entering of data by National Bank into the Register according to Item 2 of this resolution and are not subject to return to National Bank.

9. The banks providing services of the technological operator to operators of payment systems, suppliers of financial payment services (including members of payment service providers), shall within three months from the date of entry into force of this resolution notify on it National Bank.

The notification shall include the following information:

1) full and abbreviated name of the operator of payment system / supplier of payment services / member of payment service provider;

2) identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine;

3) the name of payment system (in case of provision of services to the operator of payment system or the member of payment service provider);

4) start date of provision of services to the operator of payment system, payment service provider, member of payment service provider.

10. Operators of payment systems, members of payment service providers, technological operators before approval by National Bank of rates for services, payment for consideration of the document package specified in Item 43 of the Section III of Provisions do not introduce also the copy of the document confirming implementation of such payment, provided in the subitem 4 Items 46, the subitem 3 Items 49, the subitem 3 Items 58, the subitem 4 of Item 59 of the Section IV, the subitem 6 of Item 70, the subitem 2 of Item 72 of the Section VI, the subitem 5 of Item 92, the subitem 2 of Item 93 of the Section VIII of the Provision do not give. Non-presentation of such document is not the basis for leaving of document package without consideration.

11. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

12. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of September 26, 2022 No. 208

Regulations on registration of payment service providers, members of payment service providers and technological operators of payment services

I. General provisions

1. This Provision is drafted according to Articles 24, of 71, of 73, 79 Laws of Ukraine "About payment services" (further - the Law on payment services) and determines procedure for inclusion/introduction (further - introduction) and exceptions the National Bank of Ukraine (further - National Bank) in/from the Register of payment infrastructure (further - the Register) the data relatively:

1) interstate payment systems and international payment systems which operators are residents (further - payment system which operator is the resident);

2) international payment systems which operators are nonresidents;

3) members of interstate payment service providers and international payment systems;

4) technological operators of payment services (further - the technological operator).

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

1) the owner - person who directly and/or indirectly, independently or together with other persons holds shares or shares of the legal entity, voting power according to shares (shares) in the authorized capital of the legal entity or irrespective of formal ownership has possibility of considerable influence on management or activities of the legal entity. The owner is also the final beneficial owner;

2) date of giving of complete document package - registration date in National Bank of the document package given in full for implementation of the procedure provided by this Provision and which meets the requirements of the legislation and this provision;

3) the electronic copy of the original document in paper form - the visual representation of the paper document electronically gained by scanning of the paper original document, which compliance to the original attested qualified digital signature which is imposed on the document with observance of requirements of the legislation of Ukraine in the sphere of electronic confidential services and electronic document management of the applicant/notary;

3-1) subject of payment system operator of payment system, clearing bank (clearing banks), technological operator (technological operators), members of payment service provider;

4) the authorized person of National Bank - the vice-chairman of National Bank which performs the common directorship and controls activities of independent divisions of National Bank down of subordination "Prudential supervision", the head on licensing;

5) authorized institution - the legal entity who according to the powers conferred by the operator of international payment system - the nonresident, has the right to conclude on behalf of the operator of international payment system - the nonresident contribution agreements in this system;

6) authorized body of National Bank - collegiate organ which is created according to article 17 of the Law of Ukraine "About the National Bank of Ukraine" and to which the Board of National Bank delegates the certain powers determined by the administrative act of National Bank;

7) the authorized representative - physical person which has the right to making of the corresponding actions on behalf of physical person or legal entity based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation of Ukraine;

8) the member of payment service provider - direct and indirect members of payment service provider.

The term "qualified stock exchange" in this Provision is used in the value given in the regulatory legal act of National Bank which establishes requirements to structure of property of suppliers of financial services.

Other terms in this Provision are used in the values given in the Law on payment services, the Laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services", other laws and regulatory legal acts of National Bank concerning regulation of activities in the payment market and procedure of oversight of payment infrastructure in Ukraine.

3. Requirements of this provision do not extend to payment systems which operator is the National Bank.

4. Registration of payment service provider, the member of payment service provider and technological operator is performed by entering by National Bank of information about them into the Register.

Cancellation of registration of payment service provider, the member of payment service provider and technological operator is performed by exception by National Bank of information about them from the Register.

5. The National Bank publishes information on registration/cancellation of registration of payment service provider, the member of payment service provider and technological operator on the page of official Internet representative office of National Bank.

6. The payment service provider has the right to perform activities in Ukraine from the date of entering by National Bank of information about her into the Register according to the procedure, determined by this Provision.

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