RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 9, 2012 No. 134

About approval of the Regulations on procedure for identification and recognition of banking groups

According to the Law of Ukraine of 19.05.2011 No. 3394-VI "About introduction of amendments to some Laws of Ukraine concerning supervision on the consolidated basis", the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About financial services and state regulation of the markets of financial services", for the purpose of implementation of supervision on the consolidated basis the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for identification and recognition of banking groups which are applied.

2. Declare invalid the resolution of Board of the National Bank of Ukraine of 31.08.2001 No. 377 "About approval of the Regulations on procedure for creation and state registration of bank associations", registered in the Ministry of Justice of Ukraine 18.10.2001 for No. 889/6080 (with changes).

3. (Novikov V. V.) to provide to department of normative and methodological ensuring bank regulation and supervision (Ivanenko N. V.), Legal department this resolution on state registration to the Ministry of Justice of Ukraine.

4. To department of normative and methodological ensuring bank regulation and supervision (Ivanenko N. V.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of banks for use in work.

5. To banks to bring contents of this resolution to the attention of the controllers.

6. The resolution becomes effective from the date of its official publication.

7. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Sorkin I. V.

Approved by the Resolution of Board of the National Bank of Ukraine of April 9, 2012 No. 134

Regulations on procedure for identification and recognition of banking groups

Section I. General provisions

1. This Provision is developed according to the Law of Ukraine of 19.05.2011 No. 3394-VI "About introduction of amendments to some laws of Ukraine concerning supervision on the consolidated basis", to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" (further - the Law on banks), "About financial services and state regulation of the markets of financial services", taking into account the commonly accepted principles and standards in the international practice and the procedure for identification of banking group by the controller and the National Bank of Ukraine (further - National Bank) establishes, recognitions of banking groups by National Bank, criteria of determination of subgroups within banking group, the requirement to the responsible person of banking group (further - the responsible person) and procedure for its coordination by National Bank, procedure for the message on changes of structure of banking group and derecognition of banking group.

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

date of acquisition of control - the date of receipt of opportunity to perform decisive influence (control) on management and/or activities of the legal entity - the member of banking group or person who controls the member of banking group;

statement message for creation of banking group, statement for coordination of the responsible person of banking group, statement for changes of structure of property of banking group, types of activity of her participants, statement for the termination of existence of banking group;

the applicant - the responsible person of banking group, the member of banking group performing functions of the responsible person;

foreign banking group - banking group which is part of the international banking group;

country of source - country of incorporation of credit institute - the member of the international banking group which supervisory body exercises supervision on the consolidated basis of such group;

the international banking group - group of the financial institutions connected by the control relations which activities are provided more than in one country and which is subject to supervision on the consolidated basis from foreign supervision body;

national banking group - banking group which is not part of the international banking group;

main type of economic activity - type of economic activity of which the greatest value of specific weight of the income (as a percentage) in total amount of net income (revenue) from sales of products (goods, works, services)-1 is the share;

the procedural decision decision of National Bank accepted during administrative production before its completion;

structure of property of banking group - system of relations of legal entities and physical persons which gives the chance to determine all members of banking group having the joint controller;

the authorized person is physical person which has the right to making of the corresponding actions based on the power of attorney (other document conferring such powers);

the authorized person of National bank - the board member of National Bank or the division manager of licensing;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info