RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 4, 2015 No. 357

About approval of Changes in Regulations on order of registration and licensing of banks, opening of separate divisions

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About banks and banking activity", to the Law of Ukraine "About modification of some legal acts of Ukraine concerning responsibility of the faces tied with bank", for the purpose of enhancement of procedure for creation and registration of banks, licensing of their activities the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Regulations on order of registration and licensing of banks, opening of separate divisions approved by the resolution of Board of the National Bank of Ukraine of September 08, 2011 No. 306, registered in the Ministry of Justice of Ukraine on October 18, 2011 on No. 1203/19941, with changes (further - the Provision) which are applied.

2. To persons, which as a result of application of requirements of the Law of Ukraine "About modification of some legal acts of Ukraine concerning responsibility of the faces tied with bank" of March 2, 2015 No. 218-VIII (further - the Law No. 218) are recognized owners of essential participation in bank, till July 8, 2015 to file to the National Bank of Ukraine the documents determined by article 34 of the Law of Ukraine "About banks and banking activity" taking into account the following requirements:

1) for the subsequent approval of the acquired essential participation in bank for legal entities and physical persons the following documents are submitted:

the message on the acquired essential participation in bank according to appendix to this resolution (moves person specified in paragraph eight of Item 13 of Chapter 4 of the Section II of Provisions);

the documents determined by this resolution - on person and concerning all persons through whom person owns essential participation in bank;

the copy of the payment document confirming payment of service of the National Bank of Ukraine in consideration of document package for review of acquisition of essential participation in bank;

2) for the subsequent approval of the acquired essential participation in bank for legal entities the following documents are submitted:

the documents determined in subitems 1, of 3, paragraphs the first, fourth, fifth the subitem 4, subitems 5, of 6, of the 7th Item 23 of Chapter 1 of the Section I and the subitem "an" of Item 1.6 of Chapter 1 of the Section II of Provisions;

the questionnaire of the legal entity given in appendix 2 to the Provision in which the Section II "Information on intentions on acquisition (increase) of essential participation in bank" is not filled in;

the questionnaire of members of executive body and the supervisory board of the legal entity which is given in appendix 3 to the Provision;

3) for the subsequent approval of the acquired essential participation in bank concerning physical persons the following documents are submitted:

the documents determined in Item 28 of Chapter 1 of the Section I and the subitem "b" of Item 1.6 of Chapter 1 of the Section II of Provisions;

the questionnaire of physical person given in appendix 4 to the Provision in which the Section II "Information on intentions on acquisition (increase) of essential participation in bank" is not filled in;

4) the size of own means (property) of physical person is recognized sufficient if the income of physical person which could be source of means for acquisition of participation in bank were for the corresponding date more, than the size of part of the regulatory capital of bank pro rata to share which the amount of the acquired participation constitutes in the authorized capital of bank.

The size of the regulatory capital of bank is determined as of the last date of the month under report preceding the corresponding date. If the regulatory capital of bank is less, than its authorized capital, then for assessment of sufficiency of own means (property) of physical person the size of the authorized capital of bank is used.

For the purposes of application of the Law No. 218 assessment of the size of own means of legal entities is not performed;

5) for assessment of financial position of legal entities and physical persons corresponding date is on April 1, 2015;

6) the questionnaires determined in subitems 1, 2 presents of Item are filled in as of any date of current month preceding date of submission of documents to the National Bank of Ukraine;

7) persons who in accordance with the established procedure before entry into force of this resolution approved the purchase of essential participation in bank do not submit the documents determined by this Item.

3. To department of methodology (Ivanenko N. V.) to bring contents of this resolution to the attention of banks of Ukraine for use in work.

4. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Pisaruk A. V.

5. The resolution becomes effective from the date of, its official publication following behind day.

Appendix

to the Resolution of Board of the National Bank of Ukraine of June 4, 2015 No. 357

The message on the acquired essential participation in bank

See Appendix (4Kb In original language)

Approved by the Resolution of Board of the National Bank of Ukraine of June 4, 2015 No. 357

Changes in Regulations on order of registration and licensing of banks, opening of separate divisions

1. State the Section I in the following edition:

"Section I. General provisions

Chapter 1. Introduction provisions

1. This Provision is developed according to requirements of the Law of Ukraine "About banks and banking activity" (further - the Law) for the purpose of determination of procedure and conditions of registration of banks, approval of their charters and changes to them, approvals of acquisition or increase in essential participation in bank, approvals of appointment and determination of professional suitability and goodwill of heads of bank, features of foundation of national bank, issue of the banking license, determination of requirements concerning the beginning of new type of activity or provision of new type of financial services, procedure for opening of separate divisions of banks in the territory of Ukraine, procedure for opening of subsidiary bank, branch, representative office of the Ukrainian bank in the territory of other state, accreditations of branches, representative offices of foreign banks in the territory of Ukraine.

2. In this Provision the following basic concepts are used:

decisive influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons 50 and more percent of the authorized capital and/or voting power of shares, shares of the legal entity and/or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

the legislation concerning financial monitoring - the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and distribution of weapons of mass destruction" and the regulatory legal acts adopted according to it;

considerable influence on management or activities of the legal entity - immediate and/or indirect possession by one person independently or together with other persons from 10, but less than 50 percent of the authorized capital and/or voting power of shares, shares of the legal entity or possibility of implementation of such influence, independent of formal ownership, on management or activities of the legal entity;

the bureau of credit histories qualified on nonresidents of Ukraine - all by quantity of the credit stories of bureau of credit histories which are available in the respective country which extends the activities to the country which resident is person;

the bureaus of credit histories qualified on residents of Ukraine: First All-Ukrainian bureau of credit histories, Ukrainian bureau of credit histories and International bureau of credit histories;

The commission of National Bank - the Commission of the National Bank of Ukraine concerning supervision and regulation of activities of banks, supervision (oversight) of payment systems;

international financial institution - organization with which the Government of Ukraine signed the agreement on cooperation and for which according to the laws of Ukraine privileges and immunities are established;

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