RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 27, 2008 No. 189

About approval of the Regulations on features of reorganization of bank according to the decision of its owners

According to Articles 104-109 of the Civil code of Ukraine, Articles 59, of 91, 336 Economic codes of Ukraine, Articles 6, 26-29, 31-33, 38-40, 42 of the Law of Ukraine "About banks and banking activity", other legal acts of Ukraine, for the purpose of determination of features of reorganization of bank according to the decision of its owners of Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on features of reorganization of bank according to the decision of its owners which is attached.

2. Determine that banks which are reorganized into open joint stock companies for the purpose of reduction of the form of business in compliance with the Law of Ukraine of September 14, 2006 No. 133-V "About modification of some legal acts of Ukraine for form of creation of banks and the size of the authorized capital" perform reorganization without receipt of permission of the National Bank of Ukraine.

The plan of reorganization of the relevant banks which moves on approval to the National Bank of Ukraine shall provide implementation of reorganization procedures in the terms established by this Law. The decision of general meetings on carrying out reorganization and approval of the plan of reorganization is attached to the plan of reorganization.

3. To department of methodology of bank regulation and supervision (N. V. Ivanenko) after state registration in the Ministry of Justice of Ukraine to report contents of this resolution to structural divisions of central office of the National Bank of Ukraine, territorial administrations, and also banks for management and use in work.

4. The resolution becomes effective in 10 days after state registration in the Ministry of Justice of Ukraine.

5. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine V. L. Krotyuk, the chief executive - the director of Directorate of bank regulation and supervision O. I. Kireev and chiefs of territorial administrations of the National Bank of Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of June 27, 2008 No. 189

Regulations on features of reorganization of bank according to the decision of its owners

1. General provisions

1.1. This Provision determines procedure for provision by the National Bank of Ukraine (further - National Bank) permissions on reorganization of banks, and also features of reorganization of banks by accession by the simplified procedure for the decision of its owners and approvals of the plan of reorganization, feature of approval of charters of banks legal successors, issues of the banking license to them, entering of the corresponding records into the State register of banks in connection with reorganization of banks.

Requirements of this provision do not extend to implementation of reorganization of bank according to the Law of Ukraine "About system of guaranteeing household deposits".

1.2. In this Provision terms are used in such value:

bank which is reorganized, - bank which owing to reorganization fully or partially transfers the property, means, the rights and obligations to bank legal successor;

bank legal successor - bank which owing to reorganization fully or partially accepts property, means, the rights and obligations of bank which is reorganized;

apportionment of bank - creation of one or several banks legal successors with transfer to it (it) according to distribution balance of part of property, the rights and obligations of bank from which the apportionment, without the termination of such bank is performed;

the applicant person which independently or by proxy the representative addresses to National Bank with the statement/petition for implementation of the procedure provided by this Provision;

merge of banks - emergence of new bank legal successor with transfer to it according to transfer acts of all property of all rights and obligations of two or more banks along with their termination;

the qualified digital signature (further - KEP) - the qualified digital signature created according to requirements of the Law of Ukraine "About electronic confidential services";

committee concerning supervision Committee concerning supervision and regulation of activities of banks, oversight of payment infrastructure;

transformation of bank - change of its form of business without application of regulations of the legislation concerning the termination of the legal entity;

separation of bank - the termination of bank with transfer of all its property of the rights and obligations more than to one new bank legal successor according to distribution balance;

accession of banks - the termination of one or more banks with transfer by it/them according to the transfer act of all its property of the rights and obligations to other bankupravopreemnik.

the board member of National Bank is the Chairman / the first deputy / vice-chairman of National Bank which performs the common directorship of banking supervision, or person fulfilling its duties.

Other terms used in this Provision are applied in the values determined in the Law of Ukraine "About banks and banking activity" both other legal acts of Ukraine and regulatory legal acts of National Bank.

1.3. According to this Provision participating banks of reorganization is the bank which is reorganized, and bank legal successor.

1.4. Heads of participants of reorganization bear responsibility for accuracy of the information and the documents submitted according to requirements of this provision.

The paragraph two is excluded according to the Resolution of Board of the National Bank of Ukraine of 28.12.2024 No. 190

1.5. Reorganization of bank begins after approval of the plan of reorganization by National Bank, except reorganization by accession according to the simplified procedure according to Chapter 7 of this provision.

1.6. Participating banks of reorganization shall correspond certain Law of Ukraine "About banks and banking activity" and regulatory legal acts of National Bank to requirements of prudential standard rates of activities, bank management, and also requirements to which there shall correspond legal entity for receipt of the banking license.  

1.7. The bank which by results of reorganization stops the activities represents the reporting according to the procedure established by regulatory legal acts of National Bank about day of entering of record about state registration of its termination into the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register).

1.8. The National Bank has the right to demand from bankovuchastnik of reorganization provision of information on reorganization implementation condition.

1.9. The banks which are carrying out reorganization in case of modification of documents which were submitted for receipt of permission to reorganization of bank shall give these changes within three working days from the date of approach of such changes to National Bank.

1.10. The documents provided by this Provision move in National Bank one of the following methods:

1) on papers with simultaneous submission of electronic copies of these documents without imposing of KEP (further - electronic copies of documents);

2) in electronic form, KEP signed by imposing, or the electronic copy of the document certified by KEP - on official electronic mailbox of nbu@bank.gov.ua National Bank or other means of electronic communication which are used by National Bank for electronic document management.

Documents in some cases, determined in this Provision, and upon the demand of National Bank also move electronically in the xlsx format or other format.

1.11. Electronic copies of documents shall be created in the form of the files containing the images of documents scanned from papers.

Scanning from papers of the image of documents is performed taking into account the following requirements:

1) the document is scanned in the file of the PDF format;

2) the scanned copy of each document is stored as the separate file;

3) the file shall have the short name Latin letters which reflects content and details of the document;

4) the document containing more than one page is scanned in one file;

5) permission of scanning is not lower than 300 dpi.

Electronic copies of documents can move on digital carriers or go means of e-mail of National Bank.

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