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

of December 5, 2003 No. 152

About approval of the Regulations on entering of information of rather finance companies into the State register of financial institutions and establishment of requirements to the accounting and registering system of finance companies

According to requirements of the Law of Ukraine "About financial services and state regulation of the market of financial services" and the Regulations on State commission on regulation of the markets of financial services of Ukraine approved by the Presidential decree of Ukraine of April 4, 2003 No. 292/2003, and also for the purpose of enhancement of state regulation of activities for provision of financial services by finance companies State commission on regulation of the markets of financial services of Ukraine by POSTANOVILA:

1. Approve Regulations on entering of information of rather finance companies into the State register of financial institutions and establishment of requirements to the accounting and registering system of finance companies it (is applied).

2. To legal management (Tkachenko D. V.) together with department of supervision of finance companies (Otchenash K. G.) provide provision of this order in the Ministry of Justice of Ukraine for its state registration.

3. And public relations (Nagornyak M. V.) to provide to department of interaction with mass media 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 finance companies Otchenash K. G.

Approved by the Order of State commission on regulation of the markets of financial services of Ukraine of December 5, 2003 No. 152

Regulations on entering of information of rather finance companies into the State register of financial institutions and establishment of requirements to the accounting and registering system of finance companies

The regulations on entering of information of rather finance companies into the State register of financial institutions and establishment of requirements to the accounting and registering system of finance companies (further - the Provision) are 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, No. approved by the Presidential decree of Ukraine of November 23, 2011 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 for No. 41 (further - Regulations on the register), and other acts of the legislation regulating the relations arising in the sphere of provision of financial services.

1. General provisions

1.1. Terms and concepts which are used in this Provision:

- "The state register of financial institutions", separate division of the legal entity", "applicant", "registration card" are used according to Regulations on the register;

- structural unit of separate division (daleestrukturny unit) - departments, own operational cash desks, foreign exchange offices and so forth in which activities for provision of certain types of financial services can directly be performed;

The location - the actual place of conducting activities or arrangement of office from which daily management of activities of the legal entity is carried out (mainly there is management) and implementation of management and accounting;

again applicants - legal entities, record about carrying out state registration concerning whom is made in the Unified State Register of Legal Entities and physical persons - entrepreneurs within thirty calendar days until filing of application in Gosfinuslug.

1.2. For the purposes of this provision finance companies should be considered the financial institutions providing financial services which state regulation according to the current legislation is referred to competence of the National commission performing state regulation in the sphere of the markets of financial services except those organizations which provide services in insurance activity, activities for provision of services of accumulative provision of pensions, and also financial institutions - legal entities of the public law, credit institutes, including credit unions and pawnshops.

Action of this Provision extends to financial institutions - the legal entities of the public law determined in Chapter 8 of the Economic code of Ukraine except those which exclusive type of activity is provision of financial loans at the expense of own and/or raised funds.

1.3. Acquisition by the legal entity of the status of finance company, renewal and issue of the duplicate of the registration certificate of finance company (further - the Certificate), exception of information on finance company of the State register of financial institutions (further - the Register) and cancellation of the Certificate, entering of information on separate division of finance company, including structural units, into the Register, and also performing other registration actions is performed according to Regulations on the register taking into account the features established by this Provision.

1.4. Finance companies provide only those financial services which are specified in appendix to the Registration certificate of financial institution of the established form according to appendix of 1 this provision, and also those which provision is possible only on condition of receipt of the corresponding licenses/permissions of the public authorities performing state regulation of the corresponding markets of financial services.

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