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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 22, 2022 No. 247

About approval of the Regulations on cancellation of license for activities on provision of financial services during action of warlike situation and introduction of amendments to the resolution of Board of the National Bank of Ukraine of March 6, 2022 No. 39

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 21, of 28, of 38-1 Law of Ukraine "About financial services and state regulation of the markets of financial services", the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", for the purpose of safety and financial stability of financial system, the Board of the National Bank of Ukraine decides prevention of the crisis phenomena during introduction of warlike situation in Ukraine:

1. Approve Regulations on cancellation of license for activities on provision of financial services during action of warlike situation (further - the Provision) which is applied.

2. The subitem 4 of Item 19-1 of the resolution of Board of the National Bank of Ukraine of March 06, 2022 No. 39 "About settlement of activities of participants of the market of the non-bank financial services, non-bank financial groups, participants of the payment market, the collection companies and legal entities who obtained the license for provision to banks of services in collection" (with changes) to exclude Item 9-1,.

3. The procedures for cancellation of the license begun before entry into force of this resolution come to the end with observance of procedure and requirements of regulatory legal acts of the National Bank of Ukraine, acting on the date of entry into force of this resolution.

Signs which availability is the basis for the conclusion of National Bank about implementation of risk activities which threaten interests of investors and other creditors (further - risk activities) non-bank financial institution or the legal entity which is not financial institution, but has the right to provide the separate financial services (further - predostavitel of financial services) revealed in activities of such suppliers of financial services, happening before entry into force of this resolution are qualified with observance of procedure and requirements of the regulatory legal acts of the National Bank of Ukraine existing on the date of entry into force of this resolution.

Consideration of question of factual determination of implementation of risk activities of the supplier of financial services and decision making about cancellation of the license in connection with implementation of the risk activities happening before entry into force of this resolution is performed according to the procedure provided by the Provision.

4. For operation of this resolution:

1) signs which availability is the basis for the conclusion of the National Bank of Ukraine about implementation of risk activities which list is specified in Item 9 of the Section III of Provisions on application of corrective actions by the National Bank of Ukraine in the sphere of the state regulation of activities in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of February 1, 2021 No. 12 (with changes) (further - Regulations on application of corrective actions), except the cases determined in Item 3 of this resolution are not applied;

2) the decision on cancellation of the license is made in the presence of the bases determined in Item 5 of the Section II of Provisions, according to the procedure, determined in the Section III of Provisions;

3) corrective action in the form of withdrawal (cancellation) of the license in case of availability of other bases, than those that are determined in Item 5 of the Section II of Provisions is applied according to the procedure, the provided Regulations on application of corrective actions.

5. The resolution becomes effective from the date of, its official publication following behind day, and is effective until the termination or cancellation of warlike situation in Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of December 22, 2022 No. 247

Regulations on cancellation of license for activities on provision of financial services during action of warlike situation

I. General provisions

1. This provision is developed according to the laws of Ukraine "About the National Bank of Ukraine", "About financial services and state regulation of the markets of financial services" (further - the Financial services act), the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine", for the purpose of safety and stability of financial system, prevention of the crisis phenomena during introduction of warlike situation in Ukraine and establishes requirements and procedure for cancellation of license for activities for provision of financial services.

2. The term "the document in which violations or the specified signs of implementation of risk activities are fixed" is used in the value given in Regulations on the application of corrective actions by the National Bank of Ukraine in the sphere of state regulation of activities in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of February 1, 2021 No. 12 (with changes) (further - Regulations on application of corrective actions).

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