THE ORDER OF STATE COMMISSION ON REGULATION OF THE MARKETS OF FINANCIAL SERVICES OF UKRAINE

of April 26, 2005 No. 3981

About approval of the Regulations on procedure for provision of financial services by pawnshops

According to the Law of Ukraine "About financial services and state regulation of the markets of financial services" and for the purpose of implementation of uniform conditions and rules of implementation of activities for provision of financial services by pawnshops, implementations of requirements to pawnshop as to financial institution, State commission on regulation of the markets of financial services of Ukraine decided establishments of criteria of the accounting and registering system of pawnshop:

1. Approve Regulations on procedure for provision of financial services by pawnshops it (is applied).

2. To legal management (Tkachenko D. V.) together with department of supervision of credit institutes (Olenchik A. Ya.) provide provision of this order in the Ministry of Justice of Ukraine for state registration.

3. To management of organizational and analytical ensuring work of the head (Shevchenko T. M.) provide the publication of this order in mass media after its state registration.

4. Control over the implementation of this order to assign to the member of the commission - the director of the department of supervision of credit institutes Olenchik A. Ya.

5. The specified Regulations on procedure for provision of financial services by pawnshops are acting about day of entry into force of the special law which will regulate activities of pawnshops.

Approved by the Order of State commission on regulation of the markets of financial services of Ukraine of April 26, 2005 No. 3981

Regulations on procedure for provision of financial services by pawnshops

This Provision is developed according to the Law of Ukraine "About financial services and state regulation of the markets of financial services", Regulations on the National commission performing state regulation in the sphere of the markets of financial services, the approved Presidential decree of Ukraine of November 23, 2011 No. 1070, the Regulations on the State register of financial institutions approved by the order of State commission on regulation of the markets of financial services of Ukraine of August 28, 2003 No. 41, registered in the Ministry of Justice of Ukraine on September 11, 2003 for No. 797/8118 (with changes) (further - Regulations on the State register of financial institutions), and other normative legal acts governing the relations in the sphere of provision of financial services.

1. General provisions

1.1. This Provision determines the list of types of activity of pawnshop, the requirement to pawnshop for provision of financial services, requirements to the accounting and registering system of pawnshop.

1.2. In this Provision of concept are used in such value:

pawnshop - financial institution which exclusive type of activity is provision on own risk of financial loans to physical persons at the expense of own or raised funds, on the security of property for certain term and under percent and provision of the accompanying services of pawnshop;

the accompanying services of pawnshop - services which are prerequisite of provision of financial loan or follow from its provision;

insurance of subject of pledge - the conclusion of the contract between pawnshop and insurance company or between the borrower and insurance company about insurance of subject of the pledge provided as providing financial loan of pawnshop, for the account and for the benefit of the owner of subject of pledge on the duration of the agreement of financial loan;

separate divisions of pawnshop - the branches and departments located out of the location of pawnshop and performing everything or part of its functions on provision of the financial and accompanying services of pawnshop;

financial loan of pawnshop - provision by pawnshop of the funds in loan provided with pledge for certain term and under percent;

accounting system of pawnshop - the automated register of data on consumers of services of pawnshop;

the registering system of pawnshop - the automated register of data on transactions of consumers of services of pawnshop;

The room - the part of non-residential unobstructed capacity of the building limited to construction elements with possibility of entrance and exit which is used by pawnshop or its separate division by provision of the financial and accompanying services of pawnshop and for storage of pledged property.

1.3. Other concepts of this Provision are applied according to requirements of the Law of Ukraine "About financial services and state regulation of the markets of financial services", Regulations on the State register of financial institutions.

2. Requirements to pawnshop for provision of financial services

2.1. For provision of financial services the pawnshop shall meet such requirements:

2.1.1. Activities of pawnshop shall meet the requirements of the legislation on financial services.

2.1.2. It shall be entered in the State register of financial institutions.

2.1.3. In case of need, to have the license for provision of certain types of financial services.

2.1.4. Have internal regulations or provisions which regulate provision by pawnshop of the financial and accompanying services approved in accordance with the established procedure.

2.1.5. Constituent documents of pawnshop shall meet the requirements of the legislation and contain exhaustive list of types of financial services and the accompanying services which are provided by pawnshop.

2.1.6. Full name of pawnshop shall contain the word "pawnshop".

It is forbidden to use the names identical to the existing names of pawnshops, both complete, and reduced, and the trademarks of other pawnshops registered in the procedure established by the legislation in case of absence on it legal causes, and also derivative of names, trademarks if such use misleads consumers of financial services and other persons.

2.1.7 Not perform any other business activity, except business activity, stipulated by the legislation for pawnshops.

2.1.8. Have own accounting and registration systems meeting the requirements of this provision.

Data of accounting and registration systems of pawnshop for any date shall correspond to accounting data.

2.1.9. In the activities to follow requirements of the current legislation, in particular about consumer protection.

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