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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 25, 2022 No. 233

About approval of the Regulations on additional requirements to agreements on rendering the payment services concluded by non-bank payment service providers with consumers

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 6, of 20, of 21, of 27, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", Articles 8, of 21, of 22, 29 Laws of Ukraine "About payment services", for the purpose of ensuring protection of the rights and consumer interests of financial services in case of the conclusion them contracts on rendering payment services with non-bank payment service providers, and also control of transparency and openness of the payment market of Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on additional requirements to agreements on provision of the payment services concluded by non-bank payment service providers with consumers (further - the Provision), it is applied.

2. To non-bank payment service providers within three months from the date of entry into force of this resolution to bring the activities into accord with requirements of the Provision.

3. (Olga Lobaychuk) after official publication of this resolution to provide to management of consumer protection of financial services finishing note non-bank payment service providers of information on its acceptance.

4. To impose control over the implementation of this resolution on the chairman of the National Bank of Ukraine Andrey Pyshny.

5. 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 November 25, 2022 No. 233

Regulations on additional requirements to agreements on provision of the payment services concluded by non-bank payment service providers with consumers

I. General provisions

1. This Provision is developed according to requirements of the Laws of Ukraine "About the National Bank of Ukraine", "About payment services" (further - the Law on payment services), "About financial services and finance companies", "About consumer crediting" (further - the Law on crediting), "About electronic commerce" (further - the Law on electronic commerce), "About electronic documents and electronic document management", "About electronic confidential services".

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

1) the verified copy of the agreement copy of the agreement containing details which give it legal force of the original;

1-1) channels of communication channel providing to non-bank predostavitel of payment services transfer to information user or distribution of advertizing about its services including media (television, radio, periodic printing editions, the Internet, blogs, online platforms), social networks, payment, including mobile, appendices, phone calls, interactive voice calls (in English of InteractiveVoiceResponse, IVR - calls on telephone number of the consumer with automatic reproduction of audioroller and, on technical capability, further access for the consumer to information details that to it is sounded, through the special menu by means of pressing of keys in tone mode or voices), external advertizing (billboards, posters, video walls, extensions, announcements and other similar advertizing media), channels of remote electronic servicing [phone, messenger, the ATM, the device with function of acceptance of cash (cash-in), the Internet and other means connected with electronic communication network], except own websites of the non-bank payment service provider;

2) Mobile appendix - the computer program (software) intended for work on mobile devices by means of which through the Internet provision of financial and/or payment services is performed;

3) the authorized worker of the non-bank payment service provider - the worker of the non-bank payment service provider to whom according to requirements of the legislation of Ukraine signing with consumers of agreements and other documents on behalf of the non-bank payment service provider was entrusted.

Other terms in this Provision are used in the values determined by the laws of Ukraine.

3. This Provision determines additional requirements to agreements on provision of financial payment services (further - payment services), including individual part of agreements of accession on provision of these services, and the agreements of the payment account (further - agreements) signed between consumers and non-bank payment service providers (further - the payment service provider).

4. Requirements of this provision do not extend to the public agreement and/or public part of agreements of accession on provision of payment services (further - public offer) the payment service provider.

II. Additional requirements to agreements

5. The agreement is stated with observance of the technical requirements to agreements specified in appendix to this Provision.

6. The paper or electronic copy (the certified permitted)))))))))) the agreement and appendices to it (in the presence) shall not be provided to the consumer instead of copy of the agreement and appendix to it (in the presence) concluded in the form of the paper document.

7. The term of the contract on content belonging to one Section of the agreement shall not be stated in other Section (does not concern condition which is concretized by condition in other Section of the agreement).

8. The agreement shall contain:

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