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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 30, 2016 No. 351

About approval of the Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities

(as amended on 19-05-2021)

According to Articles 7, 15 and 56 Laws of Ukraine "About the National Bank of Ukraine", to articles 44 and 66 of the Law of Ukraine "About banks and banking activity", for the purpose of determination by banks of Ukraine of the extent of credit risk on active banking activities taking into account the principles and recommendations of the Board of the National Bank of Ukraine Basel Committee on Banking Supervision decide:

1. Approve Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities (further - Regulations on determination of the extent of credit risk) which are applied.

2. To banks of Ukraine:

1) to develop intra bank provisions according to requirements of the Regulations on determination of the extent of credit risk;

2) as of September 01, 2016, on October 1, 2016, on November 01, 2016, on December 1, 2016 and on January 1, 2017 to make calculation of the extent of credit risk in the test mode and till September 26, 2016, on October 26, 2016, on November 28, 2016, on December 26, 2016 and on January 26, 2017 respectively to inform the National Bank of Ukraine in the form established by it;

3) since January 3, 2017 to perfrom calculation of the extent of credit risk according to requirements of the Regulations on determination of the extent of credit risk.

3. Requirements of Items 48 and 63 of the Section IV of Provisions on determination of the extent of credit risk regarding confirmation by the auditor of the financial reporting of debtors / consolidated financial statements of groups of the legal entities who are under general control will be applied by bank starting with the financial reporting for 2017.

Recommend to banks to apply the specified requirements starting with the financial reporting for 2016.

3-1. Banks apply, starting with the financial reporting for 2019, the following requirements:

1) paragraph of the third subitem 17 of Item 165 of the Section XVIII of the Regulations on determination of the extent of credit risk;

2) the paragraph of the fifth subitem 17 of Item 165 of the Section XVIII of the Regulations on determination of the extent of credit risk regarding discrepancy of the annual financial reporting of debtor/group of legal entities under general control which the debtor, to requirements of paragraph two of the subitem 1 of Item 48 of the Section IV of this provision treats.

4. Banks for the purpose of ensuring fulfillment of requirements of Item 14.2 of article 14 of the Law of Ukraine "About creation of the free economic zone Crimea and about features of implementation of economic activity in temporarily occupied territory of Ukraine" during the term of temporary occupation of the territory of the Autonomous Republic of Crimea and the city of Sevastopol have the right to determine class of the mortgage loans granted to internally displaced persons which do not perform repayment of the main mortgage loan amount and the added percent on it based on requirements of this law and on which providing is the property located (registered) in the territory which after the conclusion of such mortgage agreements was temporarily occupied proceeding from information which is available in bank on start date of temporary occupation of the specified territory.

5. To allow banks of Ukraine in case of application of the Regulations on determination of the extent of credit risk till January 1, 2019:

1) No. 146 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 22.12.2018;

2) No. 146 Is excluded according to the Resolution of Board of the National Bank of Ukraine of 22.12.2018;

3) in case of accomplishment of the requirement of Item 162 of the Section XVII of the Regulations on determination of the extent of credit risk not to apply the sign of the debtor/partner determined in the subitem 3 of Item 162 of the Section XVII of the Regulations on determination of the extent of credit risk;

To apply 4) according to the subitem 4 of Item 162 of the Section XVII of the Regulations on determination of the extent of credit risk measure value "short-term and long-term obligations to operating profit (loss) to depreciation deduction / operating profit (loss) from sales of products (goods, works, services) for the end of the last accounting period" - more than 7 on the loans granted by bank before entry into force of this resolution;

5) when calculating the extent of credit risk not to apply regulation of subitem 3-1 of Item 121 of the Section X of the Regulations on determination of the extent of credit risk.

5-1. Banks during application of regulations of the Regulations on determination of the extent of credit risk determine the number of days of recognition of asset by the unemployed since January 3, 2017.

5-2. During application of the Regulations on determination of the extent of credit risk to allow banks of Ukraine till January 01, 2021 during determination of class of debtor bank based on assessment of financial condition not to apply regulation of subitem 1-1 of Item 82 and Item 85 of the Section VI of the Regulations on determination of the extent of credit risk regarding observance of economic standard rates by debtor bank (except standard rates of H7 and H9) established by National Bank.

5-3. To permit banks of Ukraine in case of application of the Regulations on determination of the extent of credit risk till January 01, 2022:

1) during determination of class of debtor bank based on assessment of its financial condition not to apply regulation of subitem 1-1 of Item 82 and Item 85 of the Section VI of the Regulations on determination of the extent of credit risk regarding observance by debtor bank of economic standard rates of H7 and H9, established by National Bank;

2) when calculating the extent of credit risk not to apply regulation of the subitem 3 of Item 107 of the Section X of the Regulations on determination of the extent of credit risk. 

5-4. During application of the Regulations on determination of the extent of credit risk to allow banks of Ukraine till July 01, 2021 when calculating the extent of credit risk for the credit under the investment project independently to choose procedure for determination of value of coefficient of probability of default of the debtor - the legal entity from provided in Sections IV and IV-1 of the Regulations on determination of the extent of credit risk.

6.  No. 5 is excluded according to the Resolution of Board of the National Bank of Ukraine of 16.01.2017

7. Recognize invalid:

1) the resolution of Board of the National Bank of Ukraine of January 25, 2012 No. 23 "About approval of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities", registered in the Ministry of Justice of Ukraine on February 15, 2012 on No. 231/20544;

2) the resolution of Board of the National Bank of Ukraine of November 30, 2012 No. 499 "About introduction of amendments to the resolution of Board of the National Bank of Ukraine of January 25, 2012 No. 23", registered in the Ministry of Justice of Ukraine on December 20, 2012 at No. 2122/22434;

3) the resolution of Board of the National Bank of Ukraine of March 11, 2013 No. 82 "About approval of the Procedure for reservation of means on the created reserves on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings", registered in the Ministry of Justice of Ukraine on March 29, 2013 at No. 519/23051;

4) Item 2 of the resolution of Board of the National Bank of Ukraine of June 19, 2013 No. 237 "About modification of some regulatory legal acts of the National Bank of Ukraine", registered in the Ministry of Justice of Ukraine on July 12, 2013 for No. 1175/23707;

5) the resolution of Board of the National Bank of Ukraine of October 8, 2013 No. 399 "About modification of the Procedure for reservation of means on the created reserves on credit operations in foreign currency with borrowers who have no documentary confirmed expected receipts of currency earnings", registered in the Ministry of Justice of Ukraine on October 24, 2013 at No. 1811/24343;

6) the resolution of Board of the National Bank of Ukraine of November 19, 2014 No. 727 "About modification of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities";

7) the resolution of Board of the National Bank of Ukraine of October 20, 2015 No. 715 "About modification of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities";

8) Item 1 of the resolution of Board of the National Bank of Ukraine of October 27, 2015 No. 737 "About modification of some regulatory legal acts of the National Bank of Ukraine";

9) the resolution of Board of the National Bank of Ukraine of November 26, 2015 No. 830 "About modification of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities";

10) the resolution of Board of the National Bank of Ukraine of January 28, 2016 No. 38 "About modification of the Regulations on procedure for forming and use by banks of Ukraine of reserves for compensation of possible losses on active banking activities".

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

9. To impose control over the implementation of this resolution on the acting as the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

10. The resolution becomes effective from the date of, its official publication following behind day, except Item 7 of this resolution which becomes effective since January 3, 2017.

Acting as chairman

Ya. V. Smoly

Approved by the Resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351

Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities

I. General provisions

1. This Provision determines evaluation procedure banks of Ukraine (further - banks) the extent of credit risk by active banking activities (further - credit risk).

2. This Provision establishes the minimum requirements to banks by determination of the amount of the expected losses (losses) on active banking activities as a result of realization of credit risk.

3. This Provision is developed according to the Laws of Ukraine "About banks and banking activity", "About the National Bank of Ukraine".

4. The approaches determined by this Provision are based on the principles and recommendations of Basel Committee on Banking Supervision, including application of components of credit risk (EAD - exposition under risk, PD - probability of default of the debtor/partner, LGD - loss in case of default).

5. The terms used in this Provision are used in the following values:

1) active banking activity (further - asset) - transaction which is considered by bank according to active balance or off-balance accounts of the Chart of accounts of the financial accounting of banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of September 11, 2017 No. 89 (with changes) (further - the Chart of accounts). All types of credit operations, transactions on investment of funds on correspondent accounts in other banks, transaction on acquisition of securities, receivables, including receivables on economic activity, other active banking activities, including the income added on all these transactions belong to such transactions;

2) outsourcing - transfer on contractual basis of function of bank concerning verifications of presence and condition of property in pursuance of the organization of any pattern of ownership provided that:

in the agreement frequency, procedure and conditions of accomplishment by the outsourcer of such checks, procedure are determined by bank of control of proper accomplishment by the outsourcer of this function;

the bank claimed and adheres to intra bank procedures of transfer to the outsourcer of this function, and also on control of proper accomplishment by the outsourcer of such checks;

the bank provided control of proper realization by the outsourcer of such checks on permanent basis;

3) the outsourcer - the organization of any pattern of ownership on which accomplishment the bank transfers function on verification of presence and property conditions which activities conform to the requirements of the legislation of Ukraine and requirements determined by bank taking into account this provision;

4) debt on asset - the asset carrying amount determined according to regulatory legal acts of the National Bank of Ukraine (further - National Bank) on financial accounting, increased by the amount of the reserve created by it, and also increased/reduced by the amount of discount and/or writedown/award.

For means on demand in other banks and term deposits (deposits) placed in other banks which are considered on the amortized cost asset carrying amount except the adjustments stated above, it shall be in addition increased by the amount of passive account balance on accounting of imputed incomes;

5) the debtor - the party in the obligation (the legal entity, including the issuer of securities, or physical person) which shall pay debt / to fulfill the requirement of bank in accordance with the terms of the issuer imprisoned to agreements/obligations on the securities placed on its own behalf;

6) budgetary institution - public authority, local government body, and also the organization created by them in accordance with the established procedure which completely contains at the expense of the government or local budget;

7) losses in case of default (LGD) - component (coefficient) of calculation of the extent of credit risk reflecting the wastage rate (losses) owing to default of the debtor / partner;

8) group of the connected partners - two or more partners legal entities, according to requirements of Chapter 1 of the Section VI of the Instruction about procedure for regulation of activities of banks in Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 28, 2001 No. 368, registered in the Ministry of Justice of Ukraine on September 26, 2001 at No. 841/6032 (with changes) (further - the Instruction No. 368), determined as bearing general economic risk;

9) group of legal entities under general control - two or more legal entities who are under general control:

constitute consolidated financial statements under International Financial Reporting Standards or

to which requirements for creation of consolidated financial statements according to requirements of the legislation of Ukraine are applied, or

constitute the combined financial reporting with observance of International accounting standards, including for the purpose of ensuring fulfillment of requirements of this provision;

10) default of the debtor/partner - condition in the relations between bank and the debtor/partner which is characterized by the signs determined in the Section XVIII of this provision;

11) exposition under risk (EAD) - the component of calculation of the extent of credit risk, corresponds to debt on asset which is under risk of default of the debtor / partner;

12) replacement of asset - derecognition of one asset owing to recognition of another concerning the same debtor / partner;

13) probability of default (PD) - component (coefficient) of calculation of the extent of credit risk reflecting probability of the termination of accomplishment by the debtor/partner of the obligations;

13-1) interval coverage ratio of credit debt under the investment project (Debt-Service Coverage Ratio interval/DSCR and) - the indicator reflecting ratio settlement (according to the business plan) values of pure cash flow of legal person debtor on the credit under the investment project on i-y three-months period of time (is calculated by the sliding method for each of the next i-x three-months periods of time after reporting date before end date of action of the credit agreement as the expected amount of pure cash flow from operating activiies (p. 3195 gr. 4 f. No. 3 or No. 3-k of the balance estimation), increased by the amount of fees of the initiator of the investment project which according to the business plan shall be used for debt servicing in i-m the period), to the amount of debt (the main amount of debt and imputed incomes) of the debtor on all credits obtained for implementation of this investment project which in accordance with the terms of credit agreements shall be paid with it in i-m three-months period of time. The bank for the purpose of determination of value of coefficient of probability of default of legal person debtor on the credit under the investment project considers the lowest of the values received on all i-subjects to three-months periods of time;

14) coefficient of credit conversion (CCF) - the coefficient reflecting quantitative probability that the exposition under risk according to financial liabilities which is considered on off-balance accounts of the Chart of accounts will become balance sheet exposition;

15) providing liquidity rate - the quantitative index characterizing decrease in market value of the property provided in providing on credit operation which can be received in case of sale of such property in time is much shorter than the term of exposition of similar property during which it can be sold at the price equal to market (fair) value, and also considers the minimum level of expenses on realization of providing, Ukraine founded on regulations of the legislation;

15-1) company of special purpose (SPE) - the legal entity who is not the face tied with bank according to requirements of article 52 of the Law of Ukraine "About banks and banking activity" created by the initiator or initiators (further - the initiator) the investment project only for the purpose of implementation of this project which activities correspond to at the same time following conditions:

financial self-sufficiency;

uses of means only for the purpose of implementation of this investment project.

16) the partner of bank - any legal entity or physical person having relations of financial nature with bank. The partner can have at the same time with bank relations of other nature, including labor;

17) credit history of the debtor/partner - set of information concerning discipline of execution by the debtor/partner of the obligations, including information obtained from the Credit register of National Bank (further - the Credit register);

18) credit operation - type of the active banking activities connected with placement of the funds raised by bank in such way: their provisions in temporary use or adoptions of obligations about provision of certain amount of means; provisions of guarantees, guarantees, letters of credit, acceptances, avals; placements of deposits; carrying out factoring transactions and transactions of financial leasing; issuance of credits in the form of accounting of bills of exchange, in the form of transactions of the return repo; any prolongation of repayment period of debt which is provided in exchange for the obligation of the debtor on return of outstanding amount, and also on obligations on interest payment and other charges on such amount (payment deferral) of payment by installments of payment for the assets sold by bank;

18-1) credit rating on the international scale - the long-term credit rating of the debtor/country of the location of debtors/securities determined by one of such rating agencies as s "Standard & poor"", "Fitch Ratings" and "Moody" s Investors Service";

19) credit risk (CR) - the amount of the expected losses (losses) (EL) on asset as a result of default of the debtor/partner;

20) the credit under the investment project - long-term loan which purpose, is in particular: financing of construction of power plants, companies of chemical, mining industry, transport, telecommunication, nature protection infrastructure, office buildings, shopping centers, apartment apartment houses, production and storage facilities, hotels and which meets all following conditions:

(SPE) provided to the company of special purpose (further - legal person debtor on the credit under the investment project);

joint financing of the investment project by his initiator and bank / bankami-uchastnikami consortium;

source of loan repayment are cash flows / the expected cash flows of the debtor generated / will be generated as a result of implementation of the investment project;

providing requirements of bank are: the first-priority right of bank to receipt of cash flows / the expected cash flows of the debtor generated / will be generated as a result of implementation of the investment project, and acquisition in property of asset/object which is created as a result of implementation of the investment project in case of failure to carry out / improper execution by the debtor of obligations according to the credit agreement; obtaining by bank as proof of the asset/object created as a result of implementation of the investment project (for konsortsiumny crediting - in proportion to share of participating banks of consortium in the investment project in accordance with the terms of the agreement on konsortsiumny crediting);

provision of borrowing facilities to legal person debtor on the credit under the investment project is performed by bank gradually (tranches) according to the established schedule and actual state of project implementation;

the useful life of the asset/object created as a result of implementation of the investment project exceeds effective period of the credit agreement;

the bank exercises control for: compliance of implementation of the investment project to technical and economic, technological, allowing conditions / requirements; cash flows of legal person debtor on the credit under the investment project; respect for the values of indicators/coefficients of financial stability of legal person debtor established by the agreement on loan granting under the investment project on the credit under the investment project. Implementation of such control by bank and its frequency (at least quarterly) are established by the agreement on loan granting under the investment project;

20-1) cumulative coefficient of sufficiency of the discounted cash flows on the credit under the investment project (Loan Life Coverage Ratio cumulative/LLCR c) - the indicator reflecting ratio of the available cost of expected future cash flows of legal person debtor on the credit under the investment project on period of time from reporting date before end date of action of the credit agreement [are equal to the expected amount of pure cash flow from operating activiies (p. 3195 gr. 4 f. No. 3 or No. 3-k of the balance estimation)], and actual amount of debt on reporting date in accordance with the terms of the agreement on loan granting under the investment project. The available cost of previously estimated future cash flows of legal person debtor under the investment project is determined by the credit using the effective rate of percent calculated in case of initial recognition of the credit under the investment project (initial effective rate of percent) or during the last change of nominal interest rate (in case of floating interest rate);

20-2) cumulative coverage ratio of credit debt under the investment project (Debt-Service Coverage Ratio cumulative/DSCR c) - the indicator reflecting ratio settlement (according to the business plan) values of pure cash flow of legal person debtor on the credit under the investment project for the period from reporting date before end date of action of the credit agreement (it is equal to the expected amount of pure cash flow from operating activiies (p. 3195 gr. 4 f. No. 3 or No. 3-k of the balance estimation) to the amount of debt (the main amount of debt and imputed incomes) of the debtor on all credits obtained for implementation of this investment project which in accordance with the terms of credit agreements shall be paid with it during the period from reporting date before end date of action of the credit agreement;

20-3) cumulative coverage ratio of debt on imputed incomes on the credits under the investment project (Interest Coverage Ratio cumulative/ICR c) the indicator reflecting ratio settlement (according to the business plan) values of pure cash flow of legal person debtor on the credit under the investment project for the period from reporting date before end date of action of the credit agreement [are equal to the expected amount of pure cash flow from operating activiies (p. 3195 gr. 4 f. No. 3 or No. 3-k of the balance estimation)] to the amount of obligations of the debtor on interest incomes on all credits obtained for implementation of this investment project which in accordance with the terms of credit agreements shall be paid with it during the period from reporting date before end date of action of the credit agreement;

21) judgments of bank - the reasoned decision of managerial personnel / collegiate organ of bank according to credit risk on active banking activities based on is documented:

the principles determined in Item 13 of the Section II of this provision;

compliance of the actual actions for determination of each of components of assessment of credit risk to requirements of this provision and intra bank provisions;

the complex and objective analysis of all information which influences determination of the size of components and factors (events, signs) estimates of credit risk;

The own experience of bank based on reliable, continuous, up-to-date, complete and complete statistical data which accumulation period constitutes at least five last years in a row (for newly created banks - the period from the beginning of activities) preceding settlement date of credit risk or for longer period (in the presence) (further - own experience of bank). Statistical data shall constitute rational set of primary data (including data for the periods of phases of economic growth and crisis) which provide high representativeness, forecasting accuracy and do not lead to misstatement of total;

providing complete, timely and objective assessment of credit risk with respect for the principles determined by this Provision;

22) solvency - capability of the debtor/partner of bank to perfrom calculations for all types of the obligations in accordance with the terms of agreements;

23) the procedure of financial restructuring - package of measures for debt restructuring and/or economic activity of the debtor by holding procedure of voluntary financial restructuring or the procedure of the pre-judicial sanitation which is carried out with the features established by the legislation of Ukraine and/or the international practice;

24) restructuring - change of essential conditions on the provisional agreement for the purpose of mitigation of requirements to the debtor in connection with financial difficulties of the debtor and need of creating favorable conditions for accomplishment of obligations by it on asset [in particular: interest rate realignment; partial forgiveness of debt; change of the debt repayment schedule (terms and repayment sums of principal debt, payment of percent/commissions); change of the size of the commission] by the conclusion of the supplementary agreement with the debtor;

25) it is excluded;

26) the financial liability - the obligation of bank which is considered according to active accounts of off-balance accounting. Obligations on crediting, guarantee, the guarantees, letters of credit, acceptances and avals provided to banks and clients, assets to obtaining belong to such obligations;

27) financial asset - any asset which repayment will be performed with use of money or other financial instrument;

28) complete property complex - object which set of assets provides carrying out separate economic activity on permanent and regular basis. Complete property complexes are the companies, and also their structural divisions (shops, productions, sites, etc.) which can be allocated in accordance with the established procedure in independent objects with the subsequent creation of the corresponding balance and can be registered as independent business entities;

29) the member of the family of the debtor - physical person - the spouse or the spouse, parents, the debtor's children which/whose family relation with the debtor is supported by the documents, stipulated by the legislation Ukraine.

Other terms applied in this Provision are used in the values determined by the laws of Ukraine and regulatory legal acts of National Bank.

6. The bank performs assessment of credit risk as of the first day of every month following for reporting to the fixed term of representation of turnover and balance balance of bank (file 02X) determined by the regulatory legal act of National Bank concerning the organization of the statistical reporting provided in National Bank, using at the same time information which is available in the Credit register on reporting date which precedes date as of which assessment of credit risk is made.

Banks determine credit risk in currency, the corresponding currency of active banking activity.

Banks determine the size of credit risk by all active banking activities as the cumulative extent of credit risk on these transactions as of the first day of every month following for reporting in hryvnia (taking into account credit risk on active banking activities in foreign currency in hryvnia equivalent on the official rate of hryvnia to the foreign currencies established by National Bank).

7. The bank by each type of financial assets, group of financial assets, receivables behind economic activity of bank and the provided financial liabilities develops and approves by the decision of authorized body vnutribankovsky provisions according to asset and calculation of the extent of credit risk for such assets (further - intra bank provisions).

The bank develops intra bank provisions, and also establishes optimum, economically reasonable measure values of assessment of financial condition of the debtors / ontragent providing timely and adequate assessment of the extent of credit risk on active banking activities, taking into account the legislation of Ukraine, including regulatory legal acts of National Bank, features of types, amounts and complexity of the performed transactions.

The techniques and procedures determined in appendix 1 to this Provision are obligatory and minimum necessary for determination by bank in intra bank provisions.

8. The bank on each credit of the debtor creates the credit documentation (case) of the debtor of paper and/or electronic documents according to the requirements determined by this Provision.

The bank uses for forming of the credit documentation (case) the electronic documents conforming to requirements of the Laws of Ukraine "About electronic confidential services", "About electronic documents and electronic document management", "About consumer crediting" and regulatory legal acts of National Bank on application of the digital signature in bank system, or created with use of the state registers in open entry.

The bank in case of forming of the credit documentation (case) of the debtor from electronic documents shall provide fulfillment of requirements of the legislation of Ukraine concerning production and assurance of their copies on paper.

8-1. The credit documentation (on the right) of the debtor shall contain data which are obligatory and minimum necessary for proper assessment of credit risk. The list of documents which shall contain in the credit documentation (case) are given in appendix 2 to this Provision.

The bank can expand the list of data on the debtor, previously having determined them in intra bank provision.

The bank accumulates and keeps these data in chronological procedure.

Summarized information on credit operation is created from the moment of the conclusion of the agreement and updated during its action in part which changed, within five working days from the date of receipt of information by bank which is the basis for introduction of such changes.

9. The bank enters effective processes and control, provide timely identification and determination of the adequate extent of the credit risk on asset including caused by belonging of the debtor/partner to group of legal entities under general control or group of the connected partners whose inventory shall contain in intra bank provision and conform to requirements of this provision.

10. Compliance of intra bank provisions according to assets and calculation of the extent of credit risk to requirements of this provision is assessment subject National Bank.

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