DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of May 26, 2016 No. 826

About approval of the Instruction about procedure for detection of transactions (including agreements) which are insignificant, and also actions of Fund of guaranteeing household deposits in case of their identification

For the purpose of proper detection of transactions (including agreements) which are insignificant, authorized persons of Fund of guaranteeing household deposits in insolvent banks and based on Article 6, of Item 10 parts one of Article 12 and the paragraph of the eleventh of part three of article 38 of the Law of Ukraine "About system of guaranteeing household deposits" the executive directorate of Fund of guaranteeing household deposits solved:

1. Approve the Instruction about procedure for detection of transactions (including agreements) which are insignificant, and also actions of Fund of guaranteeing household deposits in case of their detection which is applied.

2. To provide to department of strategy and normative and methodological providing together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

3. This decision becomes effective from the date of, its official publication following behind day.

4. 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.

5. I reserve control over the implementation of this decision.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of May 26, 2016 826

The instruction about procedure for detection of transactions (including agreements) which are insignificant, and also actions of Fund of guaranteeing household deposits in case of their identification

I. General provisions

1. This Instruction is developed according to Article part three 36, part two item 4 of Article 37, Article 38, part three item 4 of Article 41, part six of article 41-1 of the Law of Ukraine "About system of guaranteeing household deposits" for the purpose of detection of insignificant transactions (including agreements) the authorized person of Fund of guaranteeing household deposits on temporary administration / liquidation in insolvent bank (further - the Authorized person of Fund) to which appropriate authority of Fund of guaranteeing household deposits is delegated (further - Fund), and establishment of the mechanism, the sequence of actions and criteria of restriction of implementation by insolvent bank of banking activities.

In case of detection of insignificant transactions (including agreements) directly Fund the operations procedure, determined by this Procedure, extends to Fund as the temporary administrator / liquidator of bank.

2. During action of temporary administration the Authorized person of Fund shall provide verification of transactions (including agreements), committed (prisoners) bank within one year about day of introduction of temporary administration of bank regarding detection of transactions (including agreements) which are insignificant.

3. Transactions (including agreements) insolvent bank are insignificant according to part three of article 38 of the Law of Ukraine "About system of guaranteeing household deposits" on the following bases:

1) the bank gratuitously performed property acquisition, assumed liabilities without establishment of obligation of the partner of making of the corresponding property actions, abandoned own property claims;

2) the bank about day of recognition of bank insolvent undertook obligations therefore it became insolvent or accomplishment of its monetary commitments before other creditors fully or partially became impossible;

3) the bank performed alienation or transferred to use or acquired (received in use) property, paid results of works and/or services in the prices are lower or higher regular (if payment for 20 percent and more differs from the cost of goods, services, other property received by bank), or shall perform such actions in the future in accordance with the terms of the agreement;

The bank paid 4) to the creditor or counted property of execution of monetary claims in day when the amount of requirements of creditors of bank exceeded property value;

5) the bank assumed liabilities (pledge, the guarantee, guarantee, deduction, factoring, etc.) on ensuring accomplishment of monetary claims according to the procedure other, than implementation of credit operations according to the Law of Ukraine "About banks and banking activity";

6) the bank signed credit agreements which conditions provide to clients of benefits (privileges) which are directly not established for them by the legislation or internal documents of bank;

7) the bank concluded bargains (including agreements) which conditions provide payment or transfer of other property for the purpose of provision to certain creditors of benefits (privileges) which are directly not established for them by the legislation or internal documents of bank;

8) the bank concluded the bargain (including the agreement) with the connected person of bank if such transaction does not conform to requirements of the legislation of Ukraine;

9) implementation by the bank referred to category problem, transactions, the conclusion (renewal) of agreements that led to increase in the expenses connected with conclusion of bank from the market with violation of regulations of the legislation.

4. Transactions (including agreements) also are insignificant on other bases which are directly established by the law.

II. The procedure of acceptance by the authorized person of Fund of the decision on fixing of the elicited fact of negligibility of transactions (including agreements)

1. Within three working days Fund of temporary administration the Authorized person of Fund begins verification of transactions with Date of Introduction (including agreements), committed (prisoners) bank within one year about day of introduction of temporary administration in bank, regarding detection of transactions (including agreements) which are insignificant.

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