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

of March 27, 2008 No. 416

About approval of the Regulations on features of application of corrective actions in the form of discharge of management from management of financial institution and appointment of temporary administration and about modification of some regulatory legal acts

According to Item of 1 part one of Article 28, parts two of article 40 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", the subitem 45 of Item 4 of the Regulations on State commission on regulation of the markets of financial services of Ukraine approved by the Presidential decree of Ukraine of 04.04.2003 of N 292, and for the purpose of settlement of features of application by State commission on regulation of the markets of financial services of Ukraine of corrective actions in the form of discharge of management from management of financial institution and appointment of temporary administration State commission on regulation of the markets of financial services of Ukraine by POSTANOVILA:

1. Approve Regulations on features of application of corrective actions in the form of discharge of management from management of financial institution and appointments of temporary administration it (is applied).

2. Voided according to the Order of the National commission performing state regulation in the sphere of the markets of financial services of Ukraine of 20.11.2012 No. 2319

3. Bring in Regulations on procedure for certification of persons on the right of implementation of temporary administration of financial institutions approved by the order of State commission on regulation of the markets of financial services of Ukraine of 27.05.2005 of N 4081, registered in the Ministry of Justice of Ukraine 14.06.2005 for N 654/10934, such changes:

3.1. Add Chapter 1 with Item 1.8 of such content:

"1.8. The list of persons which issues Certificates will be promulgated on the official website of Gosfinuslug".

3.2. In Chapter 4:

in Item 4.1:

state the subitem "d" in such edition:

"e) information on lack of the outstanding or not removed criminal record and information on whether charge on criminal case is brought to it";

add Item with the new subitem "e" of such content:

"e) information in any form which shall contain data, in particular relatively:

availability or absence of debt before any of financial institutions with indication of the name and identification code on EGRPOU of such financial institutions;

availability or lack of employment or other relationships with any of financial institutions with indication of the name and identification code on EGRPOU of such financial institutions;

ownerships of property rights of any of financial institutions with indication of the name and identification code on EGRPOU of such financial institutions;

the relations for the last five years with any of financial institutions with indication of the name and identification code on EGRPOU of such financial institutions;

availability or lack of any pending obligations concerning any bank or financial institution for the last five years".

With respect thereto to consider subitems of "e"-"i" respectively subitems "є" - "?";

state Item 4.5 in such edition:

"4.5. For accuracy of the information, given for receipt of the Certificate, and for timeliness of the message on changes in information containing in the documents filed to Gosfinuslug, the candidate (person who received the Certificate) bears responsibility according to the legislation";

add Chapter with Item 4.15 of such content:

"4.15. Person to whom the Certificate is issued shall within ten working days after emergence of changes in information containing in the documents filed by it for receipt of the Certificate in writing to report about this Gosfinuslug and to provide the relevant supporting documents".

3.3. To add Item 6.1 of Chapter 6 with subitem 6.1.4 of such content:

"6.1.4. In case of untimely submission of information on emergence of changes in information containing in the documents filed for receipt of the Certificate".

4. Provide to legal department submission of this order to the Ministry of Justice of Ukraine for state registration.

5. To provide to management of organizational and analytical ensuring work of the head publication of this order in mass media after its state registration.

6. Control over the implementation of this order to assign to the First Deputy Chairman.

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