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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 27, 2024 No. 174

About approval of Changes in some regulatory legal acts of the National Bank of Ukraine

According to Articles 7, 15, 17, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 21-23, 25, 28, 46, 48, 50 Laws of Ukraine "About financial services and finance companies", Articles 114, 119-123 Laws of Ukraine "About insurance", Articles 37, 46, 48, 58 Laws of Ukraine "About credit unions", Articles 24, 26 Laws of Ukraine "About advertizing", Articles 5, 26, 28 Laws of Ukraine "About consumer crediting", Articles 11, 25, 76-78, 81, 84 Laws of Ukraine "About payment services", Articles 4, 28, 33, 34, 36, 37, 40, 42, 43, 71, 72 Laws of Ukraine "About ministerial procedure", for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine concerning determination of procedure and conditions of application of the adjusting measures, measures of early intervention, response measures, died influences in the field of state regulation and supervision of activities for provision of financial and accompanying services and measures of influence in the field of state regulation of activities in the payment market in compliance with requirements of the legislation of Ukraine the board of the National Bank of Ukraine decides:

1. Approve changes in:

1) Regulations on application of corrective actions by the National Bank of Ukraine for violation of requirements of the legislation regulating activities in the payment market, approved by the resolution of Board of the National Bank of Ukraine of September 22, 2022 No. 206 (with changes) (further - No. Provisions 206) which are applied;

2) Regulations on application by the National Bank of Ukraine of the adjusting measures, measures of early intervention, died influences in the field 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 December 25, 2023 No. 183 (with changes) (further - the enclosed No. Provisions 183).

2. The administrative production on application of corrective actions, measures of early intervention, response measures begun about day of entry into force of this resolution according to No. Provision 183, comes to the end taking into account requirements of the Law of Ukraine "About ministerial procedure" and Provisions No. 183 taking into account the changes approved by this resolution.

3. The administrative production on application of corrective actions begun about day of entry into force of this resolution according to No. Provision 206, comes to the end taking into account requirements of the Law of Ukraine "About ministerial procedure" and Provisions No. 206 taking into account the changes approved by this resolution.

4. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform participants of the market of non-bank financial services information on adoption of this resolution.

5. The resolution becomes effective since January 1, 2025.

Approved by the Resolution of Board of the National Bank of Ukraine of December 27, 2024 No. 174

Changes in Regulations on application of corrective actions by the National Bank of Ukraine for violation of requirements of the legislation regulating activities in the payment market

1. In the Section I:

1) Item 1 after words ""About payment services", "to add with the words "" about ministerial procedure " (further-the Administrative procedure act), " about advertizing " (further-the Law on advertizing)";

2) in Item 2:

in subitem 1:

" (further - the legislation regulating activities in the payment market)" to exclude words;

shall be replaced with words the words "regarding advertizing in the field of financial payment services" "in the payment market";

to add Item after the paragraph of the ninth with the new paragraph the tenth the following content:

"The term "administrative production" is used in this Provision in the value given in the Administrative procedure act.".

With respect thereto the tenth to consider the paragraph the paragraph the eleventh;

the eleventh after the words "" about payment services "" to add the paragraph with words ", the Administrative procedure act, the Law on advertizing";

Item 3 to state 3) in the following edition:

"3. This Provision determines procedure and criteria of application by National Bank of measures of influence in the field of state regulation of the payment market in case of violation by non-bank suppliers of financial payment services and suppliers of limited payment services (further - object of supervision) requirements of the legislation regulating activities in the payment market, requirements, decisions and/or orders of National Bank and/or in case of insufficiency of the measures for risk management taken for protection of consumer interests of payment services and also procedure for application of corrective action in the form of imposing of penalty for violation by object of supervision of the consumer protection law in case of provision of services in the payment market determined by part seven of article 84 of the Law of Ukraine "About payment services", part two of Article 28 of the Financial services act, part five of article 24 of the Law on advertizing (further - corrective actions).".

2. In the Section II:

1) in Item 5:

the paragraph one after words "the payment market," to add with words "requirements, decisions and/or orders of National Bank,";

add Item with two new paragraphs of the following content:

"The National Bank for violation by object of supervision of the consumer protection law in case of provision of services in the payment market applies to object of supervision corrective action in the form of imposing of penalty at the rate from three thousand to ten thousand free minima of the income of citizens.

The National Bank in case of making by object of supervision of violation for which Article 28 of the Financial services act provides other size of penalty, than determined by paragraph one of part seven of article 84 of the Law of Ukraine "About payment services" applies for such violation penalty in the amount of, determined by Article 28 of the Financial services act.";

2) undressed after Item 5 to add with new Item 5-1 of the following content:

"5-1. The National Bank in case of violation by the non-bank supplier of financial payment services of the legislation of Ukraine on advertizing in the payment market has the right to apply to such non-bank predostavitel of financial payment services of corrective action, including in the form of imposing of penalty, according to the legislation of Ukraine regulating activities in the market of financial services, according to the procedure determined by this Provision.".

3. In the Section III:

1) paragraphs one of Items 7, 8 after words "the payment market," to add with words of "requirements, decisions and/or orders of National Bank";

The subitem 1 of Item 9 to state 2) in the following edition:

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