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Ministry of Justice of Ukraine

December 17, 2003

No. 1172/8493

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 12, 2003 No. 492

About approval of the Instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents

(as amended on 14-06-2021)

According to article 7 of the Law of Ukraine "About the National Bank of Ukraine" and for the purpose of reduction of procedure for account management of clients of banks in compliance with requirements of the Civil code of Ukraine and the Economic code of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve the Instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents it (is applied).

2. Recognize invalid:

the resolution of Board of the National Bank of Ukraine of 18.12.98 No. 527 "About approval of the Instruction about opening of accounts by banks in national and foreign currency", registered in the Ministry of Justice of Ukraine 24.12.98 for No. 819/3259;

the resolution of Board of the National Bank of Ukraine of 22.07.99 No. 364 "About modification and amendments to the Instruction about opening of accounts by banks in national and foreign currency", registered in the Ministry of Justice of Ukraine 06.08.99 for No. 538/3831;

the resolution of Board of the National Bank of Ukraine of 14.04.2000 No. 146 "About modification of the Instruction about opening of accounts by banks in national and foreign currency", registered in the Ministry of Justice of Ukraine 06.05.2000 for No. 263/4484;

subitem 2.1 of Item 2 of the resolution of Board of the National Bank of Ukraine of 17.01.2001 No. 18 "About approval of Rules of implementation of the transfers of foreign currency out of limits of Ukraine at the request of physical persons and obtaining by physical persons in Ukraine of the foreign currency converted by it from abroad and about modification of regulatory legal acts of the National Bank of Ukraine", registered in the Ministry of Justice of Ukraine 02.02.2001 for No. 99/5290;

the resolution of Board of the National Bank of Ukraine of 20.03.2001 No. 114 "About approval of Changes to the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 04.04.2001 for No. 309/5500;

the resolution of Board of the National Bank of Ukraine of 05.12.2001 No. 500 "About approval of Changes to the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 21.12.2001 for No. 1057/6248;

the resolution of Board of the National Bank of Ukraine of 11.12.2001 No. 505 "About strengthening of control of identification of persons with whom banks enter contractual relations", registered in the Ministry of Justice of Ukraine 25.01.2002 for No. 61/6349;

the resolution of Board of the National Bank of Ukraine of 09.01.2002 No. 9 "About approval of the Instruction about procedure for opening, use and closing of current accounts of the election funds and about modification of the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 10.01.2002 for No. 14/6302;

Item 2 of the resolution of Board of the National Bank of Ukraine of 03.04.2002 No. 128 "About modification of some regulatory legal acts of the National Bank of Ukraine", registered in the Ministry of Justice of Ukraine 03.07.2002 for No. 553/6841;

the resolution of Board of the National Bank of Ukraine of 04.09.2002 No. 323 "About approval of Changes to the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 29.10.2002 for No. 852/7140;

Item 1.3 of the resolution of Board of the National Bank of Ukraine of 12.02.2003 No. 55 "About modification of separate regulatory legal acts of the National Bank of Ukraine", registered in the Ministry of Justice of Ukraine 17.02.2003 for No. 126/7447;

the resolution of Board of the National Bank of Ukraine of 16.04.2003 No. 148 "About modification of the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 25.04.2003 for No. 333/7654;

the resolution of Board of the National Bank of Ukraine of 04.06.2003 No. 224 "About approval of Changes to the Instruction about procedure for opening and use of accounts in national and foreign currency", registered in the Ministry of Justice of Ukraine 11.06.2003 for No. 472/7793.

3. To department of payment systems (V. M. Kravets) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to permission Operational, territorial administrations of the National Bank of Ukraine and banks for use in work.

4. To impose control of execution of this resolution on chiefs of territorial administrations of the National Bank of Ukraine.

5. The resolution becomes effective since January 1, 2004.

Chairman

S. L. Tigipko

Approved by the Resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492

The instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents

I. General provisions

1. This Instruction is developed according to the Laws of Ukraine "About banks and banking activity", "About payment systems and money transfer in Ukraine", "About currency and currency transactions", other legislation of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

2. The instruction regulates:

1) procedure for opening and closing with banks, their separate divisions which perform banking activity from bank name, and branches of foreign banks in Ukraine (further - banks) the current, supplementary (deposit) accounts, accounts of conditional storage (eskro) of clients of banks;

2) procedure for opening and closing of correspondent accounts with banks to banks (residents and nonresidents), branches of foreign banks;

3) features of implementation of transactions on the separate customer accounts opened according to the laws of Ukraine.

3. In this Instruction terms are used in such value:

1) corresponding bank bank, branch of foreign bank which based on the agreement and according to the procedure, established by National Bank, opens correspondent account in other bank;

2) the isolated division branch, department, representation or other separate division which has no status of the legal entity and performs the activities on behalf of legal resident person;

3) the supplementary (deposit) account accounts which opens bank to the client on contractual basis for storage of money which is transferred by the client of bank to the control for fixed term or without specifying of such term under certain percent (income) and are subject to return to the client according to the legislation of Ukraine and terms of the contract.

Retirement deposit accounts which are opened for physical persons according to the Law of Ukraine "About non-state pension provision" for accumulating of savings on pension payment also belong to supplementary (deposit) accounts;

4) the correspondent account accounts opened by one bank to other bank, branch of foreign bank for implementation of interbank transfers;

5) independent professional activity - participation of physical person in scientific, literary, artistic, art, educational or teaching activities, activities of doctors, private notaries, private contractors, lawyers, arbitration managers (managers of property, managing directors of sanitation, the liquidators managing realization, managing directors of restructuring), auditors, accountants, appraisers, engineers or architects, person occupied with religious (missionary) activities, other similar activities provided that such person is not worker or physical person entrepreneur and uses wage labor no more than four physical persons;

6) the current account accounts which opens bank to the client on contractual basis for storage of money and implementation of settlement and cash transactions by means of payment instruments according to terms of the contract and requirements of the legislation of Ukraine.

The accounts with the special mode of their use opened in the cases provided by the laws of Ukraine or acts of the Cabinet of Ministers of Ukraine also belong to current accounts;

7) representations of legal nonresident persons in Ukraine - the foreign diplomatic, consular, trade, other official missions and organizations of the international organizations using immunity and diplomatic privileges, representative offices of foreign banks, the foreign companies, firms representing the interests of legal nonresident persons in Ukraine;

8) the account of conditional storage (eskro) - the account which opens bank to the client on contractual basis for transfer of funds for the account and their transfers / issues of means cash in cases, stipulated by the legislation Ukraine, to person (persons) specified (specified) client (the beneficiary or beneficiaries), and in case of provision by the beneficiary of written specifying of bank - to person (persons) specified (specified) beneficiary if it is provided by the agreement, or return of such means to the client in case of approach of the bases provided by the agreement;

9) subjects of managing - legal resident persons and physical persons - entrepreneurs;

10) the authorized employee of bank - the employee of bank to whom according to internal documents of bank the obligation is assigned to open accounts for clients.

In this Instruction the terms "resident", "nonresident" are used in the values given in the Law of Ukraine "About currency and currency transactions", and the term "accountable account" in the value given in the Tax code of Ukraine. Other terms used in this Instruction are applied in the values determined by the legislation of Ukraine.

4. Banks have the right to open current, supplementary (deposit) accounts and accounts of conditional storage (eskro):

1) to residents of Ukraine (legal entities, their separate divisions, physical persons);

2) to nonresidents of Ukraine (to legal entities, representations of legal entities in Ukraine, to the investment funds and the companies on asset management acting on behalf of such investment funds, to physical persons).

Banks have the right to open correspondent accounts for resident banks and nonresidents of Ukraine, branches of foreign banks.

5. Clients have the right to open accounts in any banks of Ukraine according to own choice for providing the хозяйственной/предпринимательской/инвестиционной/независимой for professional activities / activities which are not connected with entrepreneurial, and own requirements.

The client for opening of the account submits documents which for the period of their representation shall be acting (valid) to bank and their registration shall meet the requirements of the legislation of Ukraine.

6. The bank has no right to refuse opening of the account, making of the corresponding transactions on which is provided by the law, constituent documents of bank and the license provided to it, except cases when the bank has no opportunity to accept on bank servicing or if such refusal is allowed by the law or bank rules.

7. Conditions of opening of the account and feature of its functioning are provided in the agreement signed between bank and its client and shall not contradict requirements of this Instruction.

The bank account agreement, bank deposit agreement and the agreement of the account of conditional storage (eskro) consist between bank and the client taking into account the requirements determined by the Law of Ukraine "About financial services and state regulation of the markets of financial services".

The agreement signed by bank with the client - physical person, can be signed by physical person the digital sign manual.

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