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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 9, 2015 No. 363

About measures for change of conditions of use of the credits for maintenance of liquidity of banks and transactions of repo

(as amended on 24-12-2015)

For the purpose of maintenance of banking system stability, despite significant internal and external risks for assistance to ensuring timely accomplishment of obligations of banks of Ukraine to investors, creation of incentives for return of means to bank system, being guided by article 99 of the Constitution of Ukraine, Articles 6, of 7, of 13, of 15, of 42, 55 Laws of Ukraine "About the National Bank of Ukraine", item 4 of the decision of Council of the National Bank of Ukraine of September 11, 2014 "About condition of accomplishment of the Basic principles of monetary policy for 2014 and its influence on social and economic development of Ukraine" the Board of the National Bank of Ukraine decides No. 27:

1. In case of the appeal of bank about impossibility in connection with insufficiency of liquid means of proper accomplishment of obligations to the National Bank of Ukraine by it on transactions of refinancing and transactions of repo in the terms determined to the credit agreements and repurchase agreements signed in accordance with the terms of the Regulations on regulation of liquidity of banks of Ukraine by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of April 30, 2009 No. 259, registered in the Ministry of Justice of Ukraine on May 6, 2009 at No. 410/16426 (with changes), and also according to the credit agreements signed on the credits for maintenance of liquidity under programs of financial improvement and to the credits for preserving liquidity of banks to perform prolongation of term and change of other conditions of use of the obtained credits on conditions and according to the procedure, the determined Regulations on provision of stabilization loans by the National Bank of Ukraine to the banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of July 13, 2010 No. 327, registered in the Ministry of Justice Ukraine on July 19, 2010 at No. 540/17835 (with changes) (further - No. Provision 327), and this resolution, way of introduction of corresponding changes to such credit agreements, agreements of pledge/mortgage and repurchase agreements.

2. The petition for change of conditions of the credit agreement and/or the repurchase agreement regarding prolongation of term of use of means shall be submitted bank before completion date of agreement obligations.

The bank which addresses with the petition for change of conditions of the credit agreements signed on the credits for maintenance of liquidity under programs of financial improvement and to the credits for preserving liquidity of banks submits the updated program of financial improvement for a period of up to June 10, 2020 (inclusive), documents on providing which are determined in subitems of "d"-"zh" of Item 3.1 of Chapter 3 of the Provision No. 327 (in case of insufficiency of the available providing), and also the schedule of return of principal debt on the credits for maintenance of liquidity under programs of financial improvement and to the credits for preserving liquidity of banks signed by the chairman of the board of bank.

The bank referred to category of problem submits the schedule of return of principal debt on the credits for maintenance of liquidity under the programs of financial improvement and to the credits for preserving liquidity of banks and the payment schedule of the percent added for use of such credits signed by the chairman of the board of bank.

Bank which is referred to category problem, having the right to address to the National Bank of Ukraine with the petition for transfer of payment due date of the percent added for use of the credits for maintenance of liquidity under programs of financial improvement and the credits for preserving liquidity of banks according to the payment schedule of percent. The bank which petition was satisfied with the National Bank of Ukraine in case of recognition of its activities of Ukraine conforming to requirements of the legislation, no later than the next working day after receipt of the relevant decision of the National Bank of Ukraine shall submit to the National Bank of Ukraine the updated payment schedule of the percent added for use of the credits for maintenance of liquidity under programs of financial improvement and the credits for preserving liquidity of banks taking into account deadline of repayment of the loan.

3. Penalties for failure to carry out of terms of the contract by consideration by the National Bank of Ukraine of the petition and documents on change of conditions of the credit agreement and/or repurchase agreement are not charged, and added are subject to write-off.

4. In case of insufficiency of the available providing on the credits specified in Item 1 of this resolution which is drawn up according to earlier signed agreements of pledge/mortgage, the bank shall return part of debt in proportion to the amount of reduction of cost of providing or fill up or replace it with the providing determined in No. Provision 327, in the amount of, sufficient for satisfaction of requirements for the credit agreement taking into account adjusting factor and other liquid providing.

5. The National Bank of Ukraine has the right to make the decision on refusal in change of conditions of the credit agreement and/or repurchase agreement if the structure of property of bank does not conform to the requirements for its transparency established by the National Bank of Ukraine.

6. Deadline of return of the credits for liquidity support under programs of financial improvement and the credits for preserving liquidity of banks to establish no later than June 10, 2020.

Return of principal debt on such credits happens equal parts during the second - the fifth years to frequency at least once a month with annual return at least 25 percent of principal debt.

The payment schedule of the percent added for use of the credit is constituted by the bank referred to category problem taking into account deadline of repayment of the loan.

Banks (including referred to category of problem) pay percent monthly.

7. The size of loan interest rate for maintenance of liquidity under programs of financial improvement and to the credits for preserving liquidity of banks is determined at the level operating according to each credit agreement as of June 09, 2015. The size of such interest rate from the date of the conclusion of the agreement on modification of the credit agreement regarding prolongation of term and change of other conditions of use of the obtained credit cannot exceed the size of the discount rate of the National Bank of Ukraine operating for date of the conclusion of such agreement on modification plus one and a half percent points.

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