It is registered
Ministry of Justice of Ukraine
September 7, 2012
of August 9, 2012 No. 14
About approval of the Regulations on procedure for compensation by Fund of guaranteeing household deposits of means for deposits
According to Item 2 parts three of Article 12, 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 compensation by Fund of guaranteeing household deposits of means for deposits which are applied.
2. Declare invalid the decision of administrative board of Fund of guaranteeing household deposits of February 12, 2002 No. 2 "About approval of the Regulations on procedure for compensation by Fund of guaranteeing household deposits of means for household deposits", registered in the Ministry of Justice of Ukraine on March 11, 2002 for No. 241/6529.
3. To provide to department of the organization of payments together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.
4. This decision becomes effective at the same time with entry into force by the Law of Ukraine "About system of guaranteeing household deposits", but not earlier than day of official publication of this decision.
5. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.
O. I. Sharova
Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of August 9, 2012 No. 14
1. This Provision is developed according to the Law of Ukraine "About system of guaranteeing household deposits" (further - the Law) and determines procedure and priority of compensation of means by deposits Fund of guaranteeing household deposits (further - Fund).
2. In this Provision terms are used in the following values:
the automated bank system (further - ABS) - complex of computer programs or program system which is intended for complex automation of banking activity is the full-fledged instrument of conducting banking business and allows to automate wide range of business processes and financial instruments of bank;
the automated payment system of Fund (further - System) - organizational and technical system in which the technology of processes of the personified accounting of investors and implementation of payments of the guaranteed amounts of compensations is implemented by it and also problems of operational management and control of payments are solved;
the automated workplace (further - automated workplace) - individual complex technical and software which is intended for automation of professional work and provides preparation, editing, search, display, and also seal of necessary documents and data;
blocking of information - actions as a result of which the information access in System is excluded;
the ranking officer - the worker of the participant Sistema who according to its service duties and the order of management of the participant Sistema has powers to carry out certain transactions in Sistema also is responsible for their proper execution;
the guaranteed sum (further - GSS) - the conditional amount which is calculated by Fund for one record with one account ID is final value of the amounts in fields for reflection of balance in hryvnia equivalent on the account for accounting of deposits (deposits) and the percent reduced by tax amount and is part of the guaranteed compensation amount of means within the extreme amount of compensation of means on deposits of one investor;
day of completion of payments of the guaranteed compensation amounts - day of submission of documents for entering into the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of record about liquidation of bank as legal entity;
total estimated amount - the total amount of deposits and the percent reduced by tax amount;
the module of transactions of payments (further - MOV) - subsystem of program complex of System which performs the following functions:
loading, editing, adjustment of the amounts, blocking of information concerning investors based on the databases provided by authorized persons of Fund about investors of insolvent banks and banks which are liquidated based on part two of article 77 of the Law of Ukraine "About banks and banking activity" (further - insolvent bank), lists of investors, changes, amendments and amendments to them;
verification of information;
group and forming of results of processing;
loading of necessary reference information;
the personified accounting of investors;
operational accounting of information on payment by Fund of the guaranteed amounts of compensations, including settlings with investors and agent banks;
forming of forms of account based on information of System;
information exchange with the automated system of conducting financial accounting;
accounting card of the investor - register unit of information on which the personified accounting of the investor, GSR and display of movement of the specified amount when implementing payment of the guaranteed compensation amount to the investor is performed;
the receiver - person receiving the guaranteed compensation amount;
the applied program interface (further - PPI) - the application programming interface;
program complex of System (further - the system personal computer) - the software intended for automation of transactions on payments, accounting, processing and forming of initial information and so forth;
program complex of Fund - set of the interacting computer programs intended for acceptance of information on investors, accomplishment of verification processes of the specified information, implementation of calculation of the guaranteed amounts for deposits, forming of output forms for further transfer to their agent banks for ensuring payment process of compensations to investors by transfer of the register of compensations to agent banks to investors (further - the General register) and/or its parts on paper and electronic media;
the procedure of completion of payments of the guaranteed compensation amounts - the procedure consisting from:
the terminations of payments for all parts of the register of compensations to investors for implementation of payments in day of completion of payments of the guaranteed compensation amounts;
obtaining from agent banks of reports on payments and carrying out reconciliation with them;
processing of System - forming, processing, transfer and data storage concerning payment of the guaranteed amounts of compensations, and also fulfillment of requirements of regulations of System concerning their information and technological servicing;
the processing center of Fund (further - PTsF) - the System module which directly performs processing of payments;
regulations of System (further - Regulations) - approved by executive directorate of Fund operating mode, amounts, terms and the sequence of actions of participants of System for accomplishment of procedures for ensuring payment process of the guaranteed amounts of compensations by them to investors. The regulations use single accounting and reporting time which is effective in Ukraine;
participants of System - the Fund and agent banks connected to PTsF.
Other terms used in this Provision are used in the values given in the Law, Rules of forming and maintaining databases on the investors approved by the decision of executive directorate of Fund of July 9, 2012 No. 3, registered in the Ministry of Justice of Ukraine on August 23, 2012 at No. 1430/21742 (with changes) (further - Rules).
3. The fund does not compensate means in the cases provided by part four of article 26 of the Law.
4. The fund guarantees compensation of means on contribution which the investor has in bank which was reorganized further by transformation, on the same conditions, as before reorganization.
5. The deposits transferred to transitional bank are guaranteed by Fund on the same conditions which existed about day of their transfer.
6. The investor has the right to the guaranteed compensation amount of means on deposits by fund within the extreme amount of compensation of means on deposits.
During temporary administration the investor acquires the right to the guaranteed compensation amount of means on deposits by fund within the extreme amount of compensation of means on deposits under agreements which effective period ended as of day of the beginning of the procedure of conclusion with Fund of bank from the market, and on bank account agreements taking into account the requirements determined by part four of article 26 of the Law.
Payment of the guaranteed compensation amount of means for deposits by fund within the extreme amount of compensation of means on deposits under agreements which effective period expires after the beginning of the procedure of conclusion Fund of bank from the market is performed by Fund after decision making about withdrawal of the banking license and liquidation of bank.
The fund has the right not to include in calculation of the guaranteed compensation amount of means for bank account agreements before obtaining in full information on the transactions performed by payment system (interstate and international).
Payment of the guaranteed compensation amount for bank account agreements is performed only after obtaining by Fund in full of information on the transactions performed by payment system (interstate and international).
7. Compensation on deposits can be paid to other persons according to the legislation (by proxy, to the certificate on the right to inheritance, etc.).
Payment of compensation for the deposits opened addressed to juvenile persons (the children who did not reach 14 years) is performed to their legal representatives - parents (adoptive parents) or guardians (custodians).
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