Unofficial transfer (c) Soyuzpravoinform LLC

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 3, 2024 No. 95

About approval of Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

According to Articles 7, 15, 19, 55, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 4, 54-56, 66, 67, 73 Laws of Ukraine "About banks and banking activity", Articles 6-8, 21-23, 25, 46 Laws of Ukraine "About financial services and finance companies", Articles 5, 26 Laws of Ukraine "About consumer crediting", Articles 77, 78, 81 Law of Ukraine "About payment services", Articles 24, 26 Laws of Ukraine "About advertizing", articles 85-88, 114 of the Law of Ukraine "About insurance", Articles 37, 43 Laws of Ukraine "About credit unions", for the purpose of reduction in compliance with the legislation of Ukraine of the regulatory legal act of the National Bank of Ukraine concerning implementation of supervision of observance of requirements of the legislation of Ukraine on consumer protection of financial and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt the Board of the National Bank of Ukraine decides:

1. Approve Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt approved by the resolution of Board of the National Bank of Ukraine of September 02, 2022 No. 198 (in edition of the resolution of Board of the National Bank of Ukraine of September 28, 2023 No. 118) (with the enclosed changes).

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

3. 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 August 3, 2024 No. 95

Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

1. In the Section I:

1) in Item 2:

in subitem 1 of the word "the permanent missions in form of branches of foreign insurance companies registered according to the legislation of Ukraine" who also obtained in accordance with the established procedure licenses for implementation of insurance activity," to exclude;

to add the subitem 2 after the words "on written request / requirement" with words "and in which professional judgment can be stated";

to add Item after subitem 3 with two new subitems 3-1, 3-2 of the following content:

"3-1) cameral check - check which is carried out when implementing permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, limited payment services based on the data, information and documents received by results of receipt of service/carrying out transaction / several transactions / transactions made during provision of services including such which have signs of financial, limited payment service, or at person performing provision of payment services or limited payment services without license and/or registration, and/or authorizations with the corresponding fixation of receipt of service or carrying out the transaction by technical means (photo and/or video, audiofixation) which is carried out by representatives according to the administrative act of National Bank of the conducting cameral check by persons according to the procedure established in the Section III - 1 this provision;

3-2) curator of cameral check - the official of National Bank determined in the administrative act of National Bank of conducting cameral check which performs the common directorship of process of cameral check of object of supervision coordinate the solution of internal matters and carrying out external communications with object of check (if necessary), including signing of written requests on receipt of the explanations, information and documents arising during cameral check;";

2) in the first offer of the subitem 1 of Item 3 of the word "the permanent missions in form of branches of foreign insurance companies registered according to the legislation of Ukraine" who also obtained in accordance with the established procedure the license for implementation of insurance activity," to exclude;

3) in the subitem 1 of item 4 of the word "the permanent mission in form of branch of foreign insurance company registered according to the legislation of Ukraine" of the insurance activity which also obtained in accordance with the established procedure the license for implementation," to exclude;

Item 6 to add 4) with the new paragraph of the following content:

"The inspection inspections of objects of supervision which are carried out outside the location of object of supervision in remote format / by remote access to documents, information and systems of automation with use of information and communication technologies do not belong to the permanent supervision exercised according to this Provision.";

5) undressed after Item 6 to add with three new Items 6-1-6-3 of the following content:

"6-1. The National Bank in case of assessment of persons, transactions, transactions, circumstances, events within permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services (including the legislation in the field of consumer crediting), control of compliance with law of Ukraine about advertizing in the markets of financial services and behind distribution of information on financial and accompanying services has the right to apply professional judgment.

Professional judgment is created by National Bank taking into account the principles determined in part five of article 21 of the Law on financial services.

6-2. The National Bank by results of implementation of permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, limited payment services has the right to make the decision about:

1) accessory or nenadlezhnost of certain services or transactions which in essence contain signs of one or several types of financial services according to the Law on financial services and/or special laws, to certain type of the financial services determined by part one of article 4 of the Law on financial services. Signs of financial services are understood as transaction or several transactions connected by one legal purpose, including transactions/transactions with financial resources, performed for the benefit of other persons, than predostavitel of such financial service, and also the services which are directly determined by special laws as financial services;

2) will lock provisions of the certain services which are not provided by part one of article 4 of the Law on financial services, but in essence containing signs of one or several types of financial services according to the Law on financial services and/or special laws;

3) belonging of payment transaction to limited payment services or activity definition as limited payment service if transaction corresponds at least to one of the criteria determined in article 8 of the Law of Ukraine "About payment services";

4) reference of persons which did not perform authorization of activities for provision of payment services (limited payment services) to performing provision of payment services or limited payment services without license and/or registration.

6-3. The National Bank has the right to carry out cameral inspection when implementing permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, limited payment services based on the administrative act of conducting cameral check.

The procedure for the organization and conducting cameral check when implementing permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, limited payment services is established in the Section III-1 of this provision.";

Item 8 to add 6) with the new paragraph of the following content:

"The National Bank in case of identification of cases of provision by objects of supervision of financial services, payment services, limited payment services without the corresponding license / registration / authorization takes measures for the termination of such activities, attraction of object of supervision to responsibility according to the legislation of Ukraine.".

2. Section II:

1) in paragraph one of Item 9 of the word "the permanent missions in form of branches of foreign insurance companies registered according to the legislation of Ukraine" who also obtained in accordance with the established procedure the license for implementation of insurance activity," to exclude;

2) in Item 10:

in subitem 1 of the word of "the Laws of Ukraine "On addresses of citizens", "About legal profession and lawyer activities", "the Law of Ukraine "On legal profession and lawyer activities"" to replace in compliance with words of "the Laws of Ukraine "On addresses of citizens" (further - the Law on addresses), "About legal profession and lawyer activities" (dalee-Zakon about legal profession) ", " the law on legal profession";

add Item with the new subitem of the following content:

"16) conducting cameral check and the information analysis and documents received by its results (in case of adoption of the administrative act of conducting cameral check).";

The subitem 3 of Item 13 after the word "appendix" to add 3) with figure "1";

4) in Item 14:

in subitem 2:

words of "the Laws of Ukraine "On addresses of citizens", "About legal profession and lawyer activities", "the Law of Ukraine "On legal profession and lawyer activities"" to replace in compliance with words "The law on the address, the Law on legal profession", "The law on legal profession";

add the subitem with words ", appeals of state bodies and executive bodies";

add Item with five new subitems of the following content:

"7) information obtained from the message of person by filling of the corresponding form with it on the page of official Internet representative office of the National Bank of Ukraine;

8) information from websites of the third parties;

9) information obtained when implementing supervision of compliance with law of Ukraine about consumer protection of financial/payment services by other suppliers of financial / payment, accompanying services;

10) information and documents received by results of conducting cameral check;

11) information and documents received from Central Banks and supervision bodies for suppliers of financial and/or accompanying services of foreign states.".

3. To state Item 20 of the Section III in the following edition:

"20. The National Bank within the competence determined by the laws of Ukraine exercises supervision of compliance with law of Ukraine about consumer protection of limited payment services in the way:

1) the analysis of addresses and requests for access to public information of citizens and legal faces / associations of citizens without the status of the legal entity concerning activities of objects of supervision, and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the Law on addresses, the Law on legal profession and in which questions concerning compliance with law of Ukraine of consumer protection of limited payment services, the lawyer requests sent according to the Law on legal profession, on provision of information, copies of the documents received by consideration of addresses, appeals of state bodies and executive bodies are brought up;

2) the analysis of agreements on provision of limited payment services and other documents (their copies) concluded between the supplier of the limited payment services and consumers or constituted/signed by object of supervision on identification of the facts of non-compliance with requirements of the legislation of Ukraine on consumer protection of limited payment services including availability of the conditions limiting and/or violating the rights of consumers;

3) analysis of internal documents of objects of supervision;

4) information analysis from official sources or information obtained in other procedure established by the legislation of Ukraine;

5) information analysis about conditions and procedure for provision of limited payment services, procedure and forms of its provision to consumers according to legal acts of Ukraine;

6) control of compliance with law of Ukraine about advertizing of limited payment services;

7) information analysis, received from the message of person by filling of the corresponding form with it on the page of official Internet representative office of the National Bank of Ukraine;

8) information analysis from websites of the third parties;

9) information analysis, Ukraine received when implementing supervision of compliance with law about consumer protection of financial/payment services, limited payment services by other suppliers of financial/payment/limited payment, accompanying services;

10) conducting cameral check and the information analysis and documents received by its results (in case of adoption of the administrative act of conducting cameral check);

11) the information analysis and documents received from Central Banks and supervision bodies for suppliers of financial and/or accompanying services of foreign states.".

4. To add provision after the Section III with the new Section III-1 of the following content:

"III-1. Procedure for the organization and conducting cameral check when implementing permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, limited payment services

22-1. The National Bank carries out cameral inspection in case:

1) identification of signs of evasion of the supplier of financial / payment, limited payment services or accompanying services from observance of requirements of the Laws of Ukraine and/or regulatory legal acts of National Bank, making of actions for bypass of such requirements that can entail violation of the rights of consumers of financial/payment services;

2) obtaining information/identification of signs of provision by object of supervision of financial/payment/limited payment/accompanying services without receipt of the corresponding license / registration / authorization that can entail violation of the rights of consumers of financial/payment services;

3) need of confirmation/confutation of signs of violation by object of supervision of requirements of the legislation of Ukraine on consumer protection of financial/payment services, including rules and procedures for granting of such services;

4) need of examination/confirmation of reliability of information provided by object of supervision regarding consumer protection of financial/payment services;

5) need of control over the implementation by object of supervision of decisions of National Bank which were made by results of supervision of compliance with law of Ukraine on consumer protection of financial/payment services, including the decision on provision prohibition by object of supervision of services and/or implementation of transactions without the corresponding license / registration / authorization.

22-2. Cameral inspection is carried out without visit of object of supervision of its location. The inspection inspections of objects of supervision which are carried out outside the location of object of supervision in remote format / by remote access to documents, information and systems of automation with use of information and communication technologies do not belong to the cameral check performed according to this Provision.

22-3. The National Bank has the right to carry out cameral inspection without prior notice of object of supervision about its carrying out.

22-4. The National Bank has the right to involve in conducting cameral check of physical persons or legal entities based on separate agreements.

22-5. Cameral check is performed based on the administrative act of National Bank of conducting cameral check to which changes can be made (if necessary).

22-6. The administrative act of National Bank of conducting cameral check shall contain:

1) name of object of supervision;

2) code of object of supervision of the Unified state register of the companies and organizations of Ukraine;

3) the questions which are subject to cameral check;

4) terms of conducting cameral check;

5) surnames, own names, middle names (in the presence), names of positions of authorized persons on conducting cameral check and/or details of the agreement based on which such persons are involved in conducting cameral check, surname, own name, middle name (in the presence), the name of position of the curator of cameral check;

6) other information on cameral check (if necessary).

22-7. The administrative act of National Bank of conducting cameral check (change in it) is signed by the vice-chairman of National Bank which performs the common directorship and controls activities of independent divisions of National Bank down of subordination "Prudential supervision".

22-8. Results of the carried-out cameral inspection are drawn up in the form of the protocol on conducting cameral check (further - the Protocol on cameral check) in form according to appendix 2 to this Provision.

22-9. The protocol on cameral check is constituted in electronic form or in paper form.".

5. In the subitem 1 of Item 24 of the Section IV of the word of "the laws of Ukraine "On addresses of citizens", "About legal profession and lawyer activities" ", " the Law of Ukraine "About legal profession and lawyer activities"" to replace in compliance with words "The law on the address, the Law on legal profession", "The law on legal profession".

6. In the Section V:

1) paragraph one of Item 28 after words of "person of National Bank" to add with the words "or curator of cameral check" in case of need receipts of explanations, information and documents within cameral check)";

2) the first offer of Item 32 after words of "permanent supervision", "appendices" to add respectively with words and figure" (including results of the carried-out cameral inspection)", "1";

Item 33 to add 3) with the new offer of the following content: "in case of conducting cameral check when implementing permanent supervision together with the reference of object of supervision the Protocol on cameral check and the copy of the administrative act of conducting such check which are appendices to the reference goes.";

The second offer of Item 34 after words "one copy of the reference", "copies of the reference" to add 4) with the words "with appendices (in the presence)";

Item 35 after the word "references" to add 5) with the words "with appendices (in the presence)";

Paragraph one and subitems 1, 2 Items 36 after the word "references" to add 6) with the words "with appendices (in the presence)";

7) undressed after Item 36 to add with new Item 36-1 of the following content:

"36-1. Object of supervision within 15 working days from the date of receipt of the reference with appendices (in the presence) has the right to submit the appeal to National Bank about review by Committee on questions of supervision and regulation of activities of banks, oversight of payment infrastructure / Committee concerning supervision and regulation of activities of the markets of non-bank financial services of the professional judgment stated in the reference with proper reasons and documentary confirmation (in the presence) of the application for revision of professional judgment. Such address moves in form and according to the procedure, determined in Item 30 of the Section V of this provision.";

8) the paragraph one of Item 37 after the word "References" to add with the words "with appendices (in the presence)";

9) in Item 41:

Item after the words "elimination of violations" to add with words ", accomplishment of corrective actions";

add Item with the new paragraph of the following content:

"The National Bank exercises control over the implementation of decisions of National Bank on provision prohibition by object of supervision of services and/or implementation of transactions without the corresponding license / registration, including control using cameral check.".

7. To replace appendix to the Provision with two new appendices 1, 2 following of content:

"Appendix 1

to Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements on interactions with consumers in case of settlement of overdue debt (the subitem 3 of Item 13 of the Section II)

The certificate of results of implementation of permanent supervision of compliance with law of Ukraine of consumer protection of financial/payment services / limited payment services / behind observance of requirements for ethical behavior

See Appendix 1 (58Kb In original language)

Appendix 2

to Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements on interactions with consumers in case of settlement of overdue debt (Item 22-8 of the Section III-1)

Protocol on conducting cameral check".

See Appendix 2 (56Kb In original language)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info