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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 3, 2022 No. 238

About approval of regulatory legal acts of the National Bank of Ukraine concerning conclusion from the market of systemically important bank in the conditions of warlike situation

According to Articles 15, 56 Laws of Ukraine "About the National Bank of Ukraine", Item 23 of the Section X of the Law of Ukraine "About system of guaranteeing household deposits", Articles 42, of 66, 67 Laws of Ukraine "About banks and banking activity", the Law of Ukraine of October 6, 2022 No. 2643-IX "About introduction of amendments to the Tax Code of Ukraine and other laws of Ukraine concerning features of conclusion from the market of systemically important bank in the conditions of warlike situation", for the purpose of conclusion from the market of important bank insolvent systemically with participation of the state during action in Ukraine of the warlike situation Board of the National Bank of Ukraine decides:

1. Approve:

1) the Regulations on procedure for coordination of representation of the Ministry of Finance of Ukraine concerning appointment of guaranteeing household deposits of heads of insolvent systemically important bank as Fund which is removed from the market with participation of the state during action of warlike situation are applied;

2) Criteria in auditing firms which have the right to carry out assessment of financial and economic activities of important bank insolvent systemically which is removed from the market with participation of the state during action in Ukraine of warlike situation, cost determination of its assets and liabilities and cost of its shares, conditions of credit portfolio and the created reserves, the list of persons, obligations to whom shall them be stopped, and the transactions (including agreements) having the negligibility signs determined by part three of article 38 of the Law of Ukraine "About system of guaranteeing household deposits" which are applied.

2. 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 December 3, 2022 No. 238

Regulations on procedure for coordination of representation of the Ministry of Finance of Ukraine on appointment as Fund of guaranteeing household deposits of heads of the insolvent systemically important bank removed from the market with the assistance of the state during action of warlike situation

1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About system of guaranteeing household deposits" (further - the Law on system of guaranteeing), the Law of Ukraine of October 6, 2022 No. 2643-IX "About introduction of amendments to the Tax Code of Ukraine and other laws of Ukraine concerning features of conclusion from the market of systemically important bank in the conditions of warlike situation" and determines procedure for coordination by the National Bank of Ukraine (further - National Bank) representation of the Ministry of Finance of Ukraine concerning appointment as Fund of guaranteeing household deposits of heads of the insolvent systemically important bank removed from the market with the assistance of the state during action of warlike situation (further - Representation).

2. The National Bank approves / refuses coordination of representation by results of consideration:

1) the information and documents provided in Representation (in the presence);

2) information obtained by National Bank when implementing by it of bank regulation and supervision;

3) information from open sources.

3. The National Bank makes the decision about:

1) coordination of Representation in case of compliance of persons specified in it to the conditions specified in paragraphs five - the eighth part of the twentieth article 41-1 of the Law "About system of guaranteeing, and lack of information on prohibition to such persons to hold the corresponding positions established by the legislation of Ukraine;

2) refusal in case of discrepancy of persons specified in it to the conditions specified in paragraphs five - the eighth part of the twentieth article 41-1 of the Law "About system of guaranteeing and/or availability of information on prohibition to such persons to hold the corresponding positions established by the legislation of Ukraine in coordination of Representation.

4. The decision on coordination of Representation or on refusal in such coordination accepts Board of National Bank.

5. The decision of National Bank on coordination of Representation to which the candidate from among heads systemically of important bank which held position of the head of such bank before its recognition insolvent is offered and concerning which with respect thereto there is sign of bad goodwill determined in the subitem 2 of Item 65 of Chapter 6 of the Section II of the Provisions on licensing of banks approved by the resolution of Board of National Bank of December 22, 2018 No. 149 (with changes) is the decision of National Bank on non-use to such candidate of the specified sign.

6. The National Bank reports to the Ministry of Finance of Ukraine and Fund of guaranteeing household deposits about the made decision means of e-mail.

Approved by the Resolution of Board of the National Bank of Ukraine of December 3, 2022 No. 238

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