RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 20, 2012 No. 386

About approval of the Regulations on procedure for maintaining the register of commercial agents (commercial representatives) of banks

According to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", for the purpose of determination of procedure for provision of information by banks to the National Bank of Ukraine about the agency agreements and maintaining the register of commercial agents by the National Bank of Ukraine (commercial representatives) of the Board of the National Bank of Ukraine DECIDES: banks signed by them

1. Approve Regulations on procedure for maintaining the register of commercial agents (commercial representatives) of banks (further - the Provision) which are applied.

2. (Sinyavskaya N. B.) and Inspection department, methodologies and licensing of currency transactions (Pasenov N. O.) to determine general department of information technologies and payment systems responsible for forming and maintaining the register of commercial agents (commercial representatives) of banks and updating of codes of the financial services of the National Bank of Ukraine specified in subitem 2.7 of Item 2 of appendix 1 to the Provision.

3. To general department of information technologies and payment systems (Sinyavskaya N. B.) together with Inspection department, methodology and licensing of currency transactions (Pasenov N. O.) not later than 30 days from the date of entry into force of this resolution to prepare the specification on development of the software for the automated maintaining the register of commercial agents (commercial representatives) of banks.

4. To general department of information technologies and payment systems (Sinyavskaya N. B.) in three-months time after approval of the specification to develop the corresponding software, specifications of maintaining the register of commercial agents (commercial representatives) of banks, to bring these specifications to the attention of banks and to provide technical maintenance of maintaining the register of commercial agents (commercial representatives) of banks.

5. To provide to banks within 60 days from the date of bringing to their data of specifications of maintaining the register of commercial agents (commercial representatives) of banks information in electronic form according to specifications about all existing agency agreements concerning provision of financial services with commercial agents of banks.

6. (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.

7. 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 of Ukraine for use in work.

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

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

Approved by the Resolution of Board of the National Bank of Ukraine of September 20, 2012 No. 386

Regulations on procedure for maintaining the register of commercial agents (commercial representatives) of banks

1. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" and determines procedure for provision of information by banks to the National Bank of Ukraine (further - National Bank) about the agency agreements signed by them about provision of financial services from bank name and maintaining the register of commercial agents by National Bank (commercial representatives) of banks.

1.2. In this Provision the register of commercial agents (commercial representatives) of banks (further - the Register) - the automated system of collection, accumulating and accounting of these rather legal entities - commercial agents (commercial representatives) of banks (further - commercial agents), data on the agency agreements signed by banks with these persons and accounting of changes of information on above-mentioned persons and agreements.

Other terms in this Provision are used according to values which are given in the legislation of Ukraine.

1.3. Requirements to commercial agents and the list of financial services which they have the right to carry out according to agency agreements are determined in the corresponding regulatory legal acts of National Bank.

2. Requirements to the Register

2.1. The National Bank performs:

development of own program technical means of maintaining Register;

development of specifications of maintaining Register;

functions of the database manager;

data analysis which arrive from banks, their storage, distribution of access rights to data, etc.;

maintaining base of the Register;

determination of procedure for access to the Register.

2.2. Maintaining the Register provides:

collection and accounting of information on the agency agreements and commercial agents signed by banks with which such contracts are signed;

inclusion of data in the Register and their exception.

2.3. The register is created by introduction in it of data on commercial agents and the agency agreements and assignment signed with them to such records of unique numbers (further - numbers of entry in the Register).

2.4. Contain in the Register:

a) number of entry in the Register;

b) information about the commercial agent:

full name of the legal entity;

identification code of the legal entity;

the location according to the extract from the Unified State Register of Legal Entities and physical persons entrepreneurs;

the address for receipt of post messages;

phone numbers of contact persons and the fax with indication of code long-distance (international) communications;

information on the available licenses for implementation of activities for provision of financial services (the license number, date of issue, body which granted the license, license effective period are specified);

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