Ministry of Justice of Ukraine
September 12, 2008
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.
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.
V. S. Stelmakh
Approved by the Resolution of Board of the National Bank of Ukraine of June 27, 2008 No. 189
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 and the general license for implementation of currency transactions 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".
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;
committee concerning supervision - Committee of National Bank concerning supervision and regulation of activities of banks, supervision (oversight) of payment systems;
transformation of bank - change of its form of business without application of regulations of the legislation concerning the termination of the legal entity;
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 National Bank has the right to demand from participants of reorganization of provision of amendments, explanations and correction of shortcomings of the filed documents.
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 economic 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. Along with documents on papers which move in National Bank according to this Provision copies of these documents in electronic form are represented to National Bank (further - electronic copies of documents).
Electronic copies of documents shall be created in the form of files which contain the images of documents scanned from papers.
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