It is registered
in the Ministry of Justice of Ukraine
August 13, 2012.
of July 23, 2012 No. 12
About approval of the Regulations on procedure for attraction by the authorized person of Fund of guaranteeing household deposits of consultants, experts or other specialists in case of removal of insolvent bank from the market or liquidation of bank
According to Article 6, Article part five 12, Articles 37, 48, Item 13 of the Section X "Final and transitional provisions" of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits of RESHILA:
1. Approve Regulations on procedure for attraction by the authorized person of Fund of guaranteeing household deposits of consultants, experts or other specialists in case of removal of insolvent bank from the market or liquidation of bank it (is applied).
2. To provide to department of questions of strategy and transformation of Fund together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.
3. This decision becomes effective at the same time with the introduction in operation of the Law of Ukraine "About system of guaranteeing household deposits", but not earlier than day of its official publication.
4. To department of public relations and the international organizations to provide placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after it to state registration.
O. I. Sharov's managing director
Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of July 23, 2012 No. 12
1. This Provision determines conditions and procedure for attraction of guaranteeing household deposits by the authorized person of Fund (further - Fund) consultants, experts, other specialists for implementation of removal of insolvent bank by Fund from the market or liquidation of bank according to the Law of Ukraine "About system of guaranteeing household deposits".
2. Selection of consultants, experts, other specialists for provision of services to the authorized person of Fund on purpose, stipulated in Item 1 it undressed, it is carried out by competitive selection on the conclusion right with the authorized person of Fund of service provision agreements.
3. The organizer of carrying out competitive selection is the Fund.
4. Competitive selection is made in process of requirement.
5. Physical persons and physical persons - entrepreneurs who own necessary knowledge can participate in competitive selection and have sufficient qualification, and also legal entities whose workers are physical persons which own necessary knowledge and have sufficient qualification.
In the cases determined by this Provision, qualification of physical persons, physical persons - entrepreneurs and workers of legal entities shall be confirmed by necessary documents (certificates, certificates and so forth).
According to the purposes of regulation of this provision goodwill are the data collected by Fund on compliance of activities of legal entity or physical person, including heads of the legal entity, to requirements of the law, business practice and professional ethics, and also data on decency, professional and managerial capabilities of physical person.
Item 6 is excluded according to the Decision of Executive directorate of Fund of guaranteeing household deposits of Ukraine of 17.01.2013 No. 5, with respect thereto Items 7-9 to consider respectively Items 6-8
6. The organization of carrying out competitive selection by Fund is performed by responsible structural division of Fund.
7. The payment for participation in competitive selection and receipt of the tender documentation is not levied.
The expenses of participants of competitive selection connected with participation in selection are born by participants of competitive selection.
8. Under the organization and carrying out competitive selections by Fund the Fund has no right:
1) to perform coordination of activities of participants of selection which has or can have the result restriction of the competition between participants or restriction of interests of certain participants of competitive selection;
2) to provide benefits concerning participation in selection, including by provision to participants of selection of access to the confidential information connected with the organization and carrying out competitive selections.
1. Competitive selection is made on such activities:
1) "Legal consultants";
2) "Financial consultants" (including "Work with assets", "Conducting financial accounting and maintenance of maintaining register of requirements of creditors";
3) "Organization of the biddings";
4) "Auditor services";
5) "Archiving of documentation of the liquidated banks";
6) "Property stores organization".
2. Winners of competitive selection shall observe the legislation on the corresponding activity.
For each activity such requirements and criteria are established:
2.1. On activity "Legal consultants" the participant of competitive selection shall answer with it to criteria:
1) to have faultless goodwill;
2) to have the higher legal education (obrazovatelnokvalifikatsionny level is not lower than the specialist);
3) to have work experience in at least 5 years;
4) for legal entities - availability in the state at least two workers who meet the requirements of subitems 1-3 of this Item.
Depending on the needs of the authorized person of Fund for the corresponding branch of law (criminal, administrative, labor, social security and so forth) the Fund has the right to establish additional requirements to participants of competitive selection.
2.2. On activity "Financial consultants" (including "Work with assets", "Conducting financial accounting and maintenance of maintaining the register of requirements of creditors") the participant of competitive selection shall answer with it to criteria:
1) to have perfect goodwill;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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