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RESOLUTION OF THE NATIONAL BANK OF UKRAINE

of October 7, 2022 No. 217

About approval of the Regulations on procedure of authorization of activities of suppliers of financial payment services and limited payment services

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 8, 10 - 14, 24, 79 Laws of Ukraine "About payment services", for the purpose of settlement of authorization of activities of suppliers of financial payment services, limited payment services the Board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure of activities of authorization of suppliers of financial payment services and limited payment services (further - the Provision) which are applied.

2. Physical/legal entities - applicants before approval of rates for services according to Item 38 of the Section III, Item 207 of the Section XIX, Item 227 of the Section XXI and Item 248 of the Section XXIII of Provisions payment for consideration of document package within the separate procedures determined by the Provision do not introduce also the copy of the payment document confirming payment implementation do not give. Lack of the copy of the document on payment is not the basis for leaving of document package without consideration.

3. The document packages given the legal entity to the National Bank of Ukraine (further - National Bank) before entry into force of this resolution according to the Regulations on licensing procedure on money transfer in national currency without opening of accounts approved by the resolution of Board of the National Bank of Ukraine of August 17, 2017 No. 80 (in edition of the resolution of Board of the National Bank of Ukraine of December 24, 2020 No. 168) and on which the National Bank did not make the decision, reckon left without consideration (with changes). The National Bank within five working days from the date of entry into force of this resolution sends to such persons the notification on leaving of document packages without consideration and returns document packages which were given in paper form, by mail with the assurance of receipt.

4. Bank which about day of enforcement of the Law of Ukraine "About payment services" (further - the Law on payment services) has the rules of use of electronic money in Ukraine approved by National Bank about day of enforcement of the Law on payment services (further - Rules) and which intends to render financial payment service on release of electronic money and accomplishment of payment transactions with them, including opening and servicing of e-wallets, within six months from the date of enforcement of the Law on payment services:

1) submits to National Bank the application for inclusion it in the Register of payment infrastructure (further - the Register) as issuer of electronic money in the form given in appendix 7 to the Provision;

2) it is considered included in the Register as the issuer of electronic money from the date of receipt of the statement by National Bank. The National Bank enters the corresponding data concerning emitting bank of electronic money in the Register within five working days from the date of receipt of the statement;

3) has the right to provide the corresponding services in the payment market of Ukraine according to rules before accomplishment of requirements of Item 5 of this resolution by it.

5. The bank specified in item 4 of this resolution in case of intention to continue to render financial payment service on release of electronic money and accomplishment of payment transactions with them, including opening and servicing of e-wallets, shall submit to National Bank for approval the document specified in the subitem 2 of Item 211 of the Section XIX of the Provision, in time, determined in item 4 of this resolution and to approve it with National Bank in time which is not exceeding 60 working days of the term determined in item 4 of this resolution.

6. The bank which has Rules in case of non-presentation by it in National Bank of the statement for inclusion it in the Register loses the right to provide the corresponding services after the expiration determined in item 4 of this resolution and shall stop rendering financial payment service on release of electronic money and accomplishment of payment transactions with them, including opening and servicing of e-wallets, from next working day after the expiration specified in item 4 of this resolution.

7. The emitting bank of electronic money in case of non-compliance with the requirements determined in Item 5 of this resolution is excluded by National Bank from the Register as the issuer of electronic money and loses the right to provision of financial payment service on release of electronic money and accomplishment of payment transactions with them, including opening and servicing of e-wallets, and shall stop rendering such service from next working day after the expiration specified in Item 5 of this resolution.

8. Non-bank financial institution which about day of enforcement of the Law on payment services had the license for money transfer in national currency without opening of accounts and which intends to render financial payment service on implementation of acquiring of payment instruments and/or money transfer without opening of the account and to acquire the status of financial institution which has the right to rendering payment services within six months from the date of enforcement of the Law on payment services files to National Bank the documents specified in subitems 1, of 2, of 4, of 5, of 10, 12 - 16 Items 206 of the Section XIX of the Provision.

9. The operator of mail service who about day of enforcement of the Law on payment services had the license for money transfer in national currency without opening of accounts and who intends to provide all or separate financial payment services determined in Item 51 of the Section V of the Provision within six months from the date of enforcement of the Law on payment services files to National Bank the documents specified in subitems 1, of 2, of 4, of 5, of 10, 12 - 16 Items 206 of the Section XIX of the Provision.

10. Non-bank financial institution which about day of enforcement of the Law on payment services had the license for money transfer in national currency without opening of accounts and which intends to provide all or separate financial payment services determined in Item 51 of the Section V of the Provision (except financial payment service on release and accomplishment of payment transactions with electronic money) and to acquire the status of payment organization (except small payment organization), within six months from the date of enforcement of the Law on payment services addresses to National Bank by submission of the documents specified in subitems 1, of 2, of 4, of 5, of 10, 12 - 16 Items 206 of the Section XIX of the Provision.

11. The non-bank financial institution which about day of enforcement of the Law on payment services had the license for money transfer in national currency without opening of accounts has no right to submit the application for receipt of the status of small payment organization.

12. Non-bank financial institution which about day of enforcement of the Law on payment services had the license for money transfer in national currency without opening of accounts and which intends to render financial payment service on release and accomplishment of payment transactions with electronic money separately or together with other financial payment services determined in Item 51 of the Section V of the Provision and to acquire the status of organization of electronic money, within six months from the date of enforcement of the Law on payment services addresses to National Bank by submission of the documents specified in subitems 1, of 2, of 4, of 5, of 10, 12 - 16 Items 206 of the Section XIX of the Provision.

13. Persons determined in Items 8 - 10 these resolutions which intend to continue to provide exclusively financial payment service on money transfer without opening of the account have the right not to submit to National Bank the documents specified in subitems 4, of the 5th Item 206 of the Section XIX of the Provision provided that the conditions approved by National Bank before enforcement of the Law on payment services and procedure for provision of such service are left without changes.

14. Persons determined in Items 8 - 10, 12 these resolutions, have the right not to submit the documents specified in subitems 10, 12 - 16 Items 206 of the Section XIX of the Provision to National Bank if structure of property and/or source of origin of means for forming own (authorized and/or additional) the capital, payment of cost of share in the authorized capital (block of shares) of the applicant, goodwill of participants, all persons who directly or indirectly own essential participation in the applicant and also the goodwill, professional suitability of heads, chief accountants, key faces (in the presence) of the applicant were checked (are estimated) by National Bank on the bases and according to the procedure, determined in regulatory legal acts of National Bank, and meet their requirements.

15. The National Bank performs consideration of the documents submitted according to Items 5, 8 - 10, 12 these resolutions, according to the procedure, determined in the Section XX of the Provision.

16. Licenses of non-bank financial institutions for rendering the financial services specified in items 4 - 7, 11 parts one of article 4 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", in case of receipt by such non-bank financial institutions of the status of payment organization or organization of electronic money, are considered withdrawn from the date of entering of record about inclusion of data on payment organization or organization of electronic money into the Register. The National Bank within five working days from the date of withdrawal of such licenses enters the corresponding data in the State register of financial institutions and excludes them from the State register of financial institutions.

17. Licenses of non-bank organizations for money transfer in national currency without opening of accounts lose force in six months from the date of enforcement of the Law on payment services. The National Bank within five working days from the date of loss of force such licenses enters record about loss of the license in the State register of financial institutions or the register of persons which are not financial institutions, but have the right to provide separate financial services. Persons which did not undergo procedures of authorization of activities for provision of financial payment services according to requirements of the Law on payment services and Items 8 - 10, 12 these resolutions, from the date of cancellation of the license for money transfer in national currency without opening of accounts lose the right to rendering financial service in money transfer and shall stop rendering services in money transfer the next working day after the expiration of six months from the date of enforcement of the Law on payment services.

18. Non-bank financial organization / operator of mail service which/which about day of enforcement of the Law on payment services had/had the license for money transfer in national currency without opening of accounts, but it does not intend to continue to render services based on such license, has the right about day of cancellation of the license for money transfer in national currency without opening of accounts based on Items 6, of the 7th Section VIII "Final and transitional provisions" of the Law on payment services to submit the notification to National Bank:

1) about the termination of rendering services based on the license for money transfer in national currency without opening of accounts which shall contain assurances about lack of agreement obligations about rendering services based on such license;

2) from the operator of payment service provider which member is the non-bank financial organization / operator of mail service, about:

the termination of provision of services in payment system non-bank financial organization / operator of mail service;

completion of mail service of calculations by non-bank financial organization / operator in payment system;

lack of obligations of non-bank financial organization / operator of mail service to users of this payment system.

19. The National Bank within 10 working days from the date of receipt of the documents specified in subitems 1, 2 Items 18 of this resolution makes record about loss of force of the license for money transfer in national currency without opening of accounts in the State register of the financial institutions or the register of persons which are not financial institutions, but having the right to provide separate financial services and notifies on it non-bank financial institution, the operator of mail service.

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

21. The resolution becomes effective since October 9, 2022.

Acting as Chairman 

K. Rozhkova

Approved by the Resolution of Board of the National Bank of Ukraine of October 7, 2022 No. 217

Regulations on procedure of authorization of activities of suppliers of financial payment services and limited payment services

I. General provisions

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About payment services" (further - the Law on payment services) and other laws of Ukraine.

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

1) authorization - the procedure of the admission to implementation of activities for provision of financial payment services, limited payment services determined by the Law on payment services and this Provision which is performed by licensing for provision of financial payment services and/or inclusion in the Register of payment infrastructure (further - the Register);

2) separate divisions - branches, departments, Items of provision of financial services and other divisions of the supplier of financial payment services (except the operator of mail service) or the objects of mail service and other divisions of the operator of mail service performing everything or part of functions of provision of financial payment services on behalf of such supplier of financial payment services (except portable departments);

3) date of representation of complete document package - registration date in the National Bank of Ukraine (further - National Bank) the complete document package provided for implementation of the procedure specified in this Provision which contains all information according to requirements of this provision and which conforms to requirements of the legislation of Ukraine and this Provision;

4) involvement of other small payment organization by small payment organization - availability of the contractual relations with other small payment organization connected with implementation of activities for provision of financial payment services in order to avoid the restrictions set by this Provision;

5) the applicant - legal entity or physical person which independently or by proxy the representative addresses to National Bank in the procedure established by this Provision for the purpose of implementation of the procedure specified in this Provision;

6) 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;

7) foreign payment organization - legal nonresident person who according to the legislation of foreign state in which it is registered has the status of payment organization;

8) foreign organization of electronic money - legal nonresident person who according to the legislation of foreign state in which it is registered received the status of organization of electronic money;

9) other financial institution - the financial institution which obtained license for activities on provision of financial services and the data about which are entered in the State register of financial institutions and which received authorization on provision of financial payment services on money transfer without opening of the account and/or implementation of acquiring of payment instruments in the procedure established by this Provision;

10) the head - sole executive body or members of collegiate executive body and members of the supervisory board (in the presence) the applicant or the supplier of financial payment services / limited payment services;

11) the head on licensing - the head of the structural unit of the National Bank which is responsible for authorization of activities of participants of the payment market, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or person fulfilling them duties;

12) conflict of interest - the available and/or potential contradictions between private interests and job responsibilities of person which can influence fair accomplishment of the powers by it, objectivity and impartiality of decision making and/or making or non-execution of actions by such person during accomplishment of the obligations by it;

13) the license for provision of financial payment services (further - the license) - entry in the Register about the right of the legal entity to implementation of activities for provision of all or separate financial payment services;

14) the supplier of limited payment services - the legal entity who according to the procedure established by this Provision acquired the right to provision of limited payment services;

15) the supplier of financial payment services - the legal entity who according to the procedure established by this Provision acquired the right to rendering all or separate financial payment services;

16) the operator of mail service - the legal entity entered in the Unified state register of operators of mail service (further - the Register of operators) according to the procedure, established by the legislation of Ukraine, and also the national operator of mail service, authorized to provide all or separate financial payment services;

17) the tax resident - person who according to the legislation of Ukraine is considered the resident of foreign state for the purposes of the taxation;

18) the assigned capital - the money provided by foreign payment organization / foreign organization of electronic money of branch for accreditation of branch;

19) authorized person of National Bank - The chairman of National Bank, the First Deputy Chairman of National Bank, the vice-chairman of National Bank, the head on licensing;

20) the authorized supplier - 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;

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