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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 29, 2015 No. 962

About additional requirements to non-bank financial institutions, the national operator of mail service who received (or acquire) the right to implementation of currency transactions

According to Articles 6, of 7, of 15, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to Sections II and III of the Decree of the Cabinet of Ministers of Ukraine of February 19, 1993 "About system of currency control and currency exchange control", and also for the purpose of increase in efficiency and ensuring stable activities of non-bank financial institutions, the national operator of mail service the Board of the National Bank of Ukraine decides No. 15-93:

1. Approve Changes in Regulations on procedure for provision to non-bank financial institutions, the national operator of mail service of general licenses for the implementation of currency transactions approved by the resolution of Board of the National Bank of Ukraine of August 9, 2002 No. 297, registered in the Ministry of Justice of Ukraine on August 29, 2002 on No. 712/7000 (with changes) (further - the Provision) which are applied.

2. The non-bank financial institution, the national operator of mail service who obtained the general license for implementation of currency transactions (further - the general license), till July 1, 2016 shall provide reduction of the size of equity in compliance with the requirements established in Item 1 of Chapter 5 of the Provision.

3. The non-bank financial institution which has the general license for implementation of activities for currency exchange or provisions of other financial services providing use of cash in national and foreign currencies till July 1, 2016 shall provide compliance of rooms and material and technical resources which are used by it for implementation of currency transactions, to the requirements established by the legislation of Ukraine including the requirements established by the National Bank of Ukraine and to submit to the National Bank of Ukraine the message on compliance to regulatory legal acts of the National Bank of Ukraine in the form given in appendix 2 to the Provision.

If after this Item of term specified in paragraph one the non-bank financial institution submitted the notification about less than five structural divisions, then the National Bank of Ukraine has the right to revoke the general license from it.

4. To department of registration questions and licensing (Kirichenko A. V.) together with departments of financial monitoring (I.V. Birch) and information technologies (Nagornyuk V. V.):

1) till July 1, 2016 to create the register of rooms in which activities for currency exchange or provisions of other financial services providing use of cash in national and foreign currencies are performed (further - the Register);

2) to provide entering into the Register of information provided by non-bank financial institutions till July 01, 2016 on the form given in appendix 2 to the Provision till July 15, 2016, and the relevant information provided after July 1, 2016 - within 10 working days from the date of provision of such information.

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

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

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

Chairman

V. A. Hontareva

 

Approved by the Resolution of Board of the National Bank of Ukraine of December 29, 2015 No. 962

Changes in Regulations on procedure for provision to non-bank financial institutions, the national operator of mail service of general licenses for implementation of currency transactions

1. In Chapter 1:

Item 1.1 to state 1) in the following edition:

"1.1. In this Provision the following basic concepts are used:

1) the general license for implementation of currency transactions (further - the general license) - the document of the National Bank of Ukraine (further - National Bank) that is provided to non-bank financial institutions, the national operator of mail service and allows to perform the currency transactions which are not requiring the individual license;

2) date of withdrawal of the general license - registration date of the order of National Bank about withdrawal of the general license;

3) receipt date of document package - registration date in National Bank by putting down of the registration index on the cover letter to document package specified in Item 2.2 of Chapter 2 or in paragraphs six - the ninth Item 3.6 of Chapter 3 this provision;

4) essential participation - immediate and/or indirect possession by one person independently or together with other persons 10 and more percent of the authorized capital and/or voting power of shares, shares of the legal entity or possibility of considerable influence, independent of formal ownership, on management or activities of the legal entity. Person is recognized the owner of the mediated essential participation irrespective of, person exercises it control of the direct owner of participation in the legal entity or control any of other person in chain of ownership of corporate laws of such legal entity;

5) qualified stock exchange - the exchange created according to the legislation of the member state of the European Union or cumulative market capitalization of the companies which shares are included (are admitted) to trading at such exchange, exceeds equivalent of 100 billion US dollars as of the last month the year preceding years in which the company is recognized public for the purposes of this provision;

6) the key member of the legal entity - any physical person which owns corporate laws of such legal entity, the legal entity who owns two and more percent of corporate laws of such legal entity, in particular, if:

the legal entity has more than 20 participating physical persons, key participants are 20 participating physical persons whose shares are the largest;

packets of corporate laws of the legal entity, identical by the size, belong to more than 20 participating physical persons, key participants are all physical persons having two and more percent of corporate laws of such legal entity;

it is considered that the public company has no key participants;

7) the controller - physical person or legal entity concerning which there are no controllers - physical persons and which has opportunity to perform decisive influence on management or activities of the legal entity by the direct and/or mediated ownership independently or together with other persons of shares in the legal entity that corresponds to equivalent of 50 or more percent of the authorized capital and/or voices of the legal entity, or irrespective of formal ownership to perform such influence based on the agreement or any other image;

8) control - opportunity to perform decisive influence on management and/or activities of the legal entity by the direct and/or mediated ownership of one person independently or together with other persons of shares in the legal entity that corresponds to equivalent of 50 or more percent of the authorized capital and/or voices of the legal entity, or irrespective of formal ownership opportunity to perform such influence based on the agreement or any other image;

9) chain of ownership of corporate laws of the legal entity - information on the list of key members of the legal entity which contains information on key participants and each following level of proficiency in corporate laws of the legal entity;

10) non-bank financial institution - the legal entity who according to the legislation of Ukraine is not bank provides one or several financial services and entered in the corresponding state register of financial institutions according to the procedure, established by the legislation of Ukraine;

11) final key participants are key participating physical persons, and also key participating legal entities who do not incorporate key participants. Final key participants are also the state (on behalf of relevant organ of the government), territorial community (on behalf of relevant organ of local self-government), the international financial institution, and also the public company;

12) the room - the part of unobstructed capacity of the non-residential real estate unit limited to construction elements and/or the protecting building constructions, with possibility of entrance and exit, used by non-bank financial institution, the national post operator for implementation of currency transactions;

13) the public company - the foreign legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) and are admitted to trading in regulated segment of qualified stock exchange;

14) level of proficiency in corporate laws of the legal entity - the relation on ownership of corporate laws of the legal entity between such legal entity and his participants. If all members of the legal entity are physical persons, then such legal entity has only one level of proficiency in corporate laws;

15) structural divisions - branches and other isolated structural divisions, not isolated structural divisions, exchange bureaus of foreign currency, cash desk of non-bank financial institutions, objects of mail service of the national operator of mail service in which provision of financial services is performed;

16) the member of the legal entity - person who owns corporate laws of this legal entity.

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