RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 24, 2015 No. 926

About approval of the Regulations on procedure for issue to legal entities of the license for provision to banks of services in collection

According to Articles 7, 33 and 56 Laws of Ukraine "About the National Bank of Ukraine", for the purpose of implementation of outsourcing in cash currency circulation the Board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure for issue to legal entities of the license for provision to banks of services in collection it (is applied).

2. To information directorate and public communications (Bondarenko N. M.) to place this resolution on the page Official the Internet of representative office of the National Bank of Ukraine and to provide in accordance with the established procedure informing the public through mass media.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Smoliya Ya. V.

4. The resolution becomes effective since January 1, 2016.

Approved by the Resolution of Board of the National Bank of Ukraine of December 24, 2015 No. 926

Regulations on procedure for issue to legal entities of licenses for provision to banks of services in collection

I. General provisions

1. This Provision is developed according to article 7 of the Law of Ukraine "About the National Bank of Ukraine".

2. This Provision establishes general procedure and stops conditions under which the National Bank of Ukraine (further - National Bank) grants to legal entities licenses for provision to banks of services in collection, renews and recalls them.

3. Requirements of this Provision extend to legal entities who intend to provide to banks services in collection.

4. Terms in this Provision are used in such value:

1) the chief accountant - the accountant who heads the created accounting service the regular accountant of the legal entity if in the legal entity the accounting service led by the chief accountant is not created, person replacing it, or person to who conducting on a contract basis financial accounting is assigned (the non-staff specialist in financial accounting registered as physical person entrepreneur who performs business activity without creation of the legal entity, and the specialist in financial accounting of centralized accounts department, the company which about perform activities in the sphere of financial accounting and/or auditor activities;

2) date of giving of document package - registration date in National Bank of complete document package, provided in Items 15, of the 16th Section III or Item 70 of the Section X of this provision;

3) the state aggressor - the state which was performing/performing the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine";

4) the electronic register of licenses for collection - the electronic register of licenses for provision to banks of services in collection which is kept by National Bank by means of the corresponding complex of organizational technical means;

5) qualified bureau of credit histories - the First All-Ukrainian bureau of credit histories, the Ukrainian bureau of credit histories and the International bureau of credit histories. If the physical person constantly lives or the main office of the legal entity is registered in the territory of foreign state, then qualified bureau of credit histories is bigger by quantity of the credit stories of bureau of credit histories which are available in the respective country (other subject which functions treat collection, processing, storage and use of information constituting credit history);

6) heads of the legal entity - sole executive body or members of collegiate executive body and members of council (the supervising, supervisory board - in the presence) the legal entity;

7) the license for provision to banks of services in collection (further - the license) - the license which is granted by National Bank to the legal entity according to this Provision and which confirms the right of such legal entity to provide to banks services in collection;

8) final key participants are key participants - physical persons, and also key participants - legal entities who do not incorporate key participants. Final key participants are the state (on behalf of the relevant state body), territorial community (on behalf of relevant organ of local self-government), international financial institution, and also the public company if they own two and more percent of corporate laws of the legal entity or the key participant in structure of property of the legal entity;

9) division on processing and storage of cash - structural division of the legal entity to which functions implementation of transactions on processing and storage of cash is referred;

10) division of collection - structural division of the legal entity to which functions provision to banks of services in collection is referred;

11) the tax resident - person who according to the legislation of Ukraine / foreign state is considered the resident of Ukraine / foreign state for the purposes of the taxation;

12) the authorized person - physical person which has the right to decision making or making of the corresponding actions on behalf of legal/physical person based on the power of attorney (other document conferring appropriate authority);

13) authorized officer of National Bank - The chairman of National Bank, the First Deputy Chairman of National Bank, vice-chairmen of National Bank, division managers of National Bank and their deputies who provide accomplishment of the functions of National Bank provided by this Provision, the head on licensing (the head of the structural unit of the National Bank responsible for licensing, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or person who are carrying out them obligations);

14) the legal entity - any legal entity created and registered in the procedure established by the legislation of Ukraine which is not bank or financial institution and performs the activities according to the legislation of Ukraine and constituent documents.

Other terms applied in this Provision are applied in the values determined by the legislation of Ukraine, regulatory legal acts of National Bank concerning the cash address and the Regulations on requirements to structure of property of suppliers of financial services approved by the resolution of Board of the National Bank of Ukraine of April 14, 2021 No. 30 (further - No. Provision 30).

5. The board of National Bank makes the decision about:

1) licensing or refusal in its issue, suspension, renewal, revocation of license;

2) coordination or refusal in coordination on implementation by the legal entity of transactions on processing and storage of cash;

3) to cancellation of the decision on coordination on implementation by the legal entity of transactions on processing and storage of cash;

4) updating of coordination or refusal in prolongation of coordination on implementation by the legal entity of transactions on processing and storage of cash.

The decision on modification of the electronic register of licenses for collection is made by the authorized officer of National Bank.

The license becomes effective from the date of introduction of accounting record about licensing in the electronic register of licenses for collection.

6. The legal entity has the right to begin provision to banks of services in collection from the date of entering into the electronic register of licenses for collection of accounting record about provision of the license.

The legal entity has the right to begin implementation of transactions on processing and storage of cash from the date of entering into the electronic register of licenses for collection of accounting record about provision of coordination on implementation by the legal entity of transactions on processing and storage of cash.

7. The legal entity shall bring payment for consideration of the document package provided for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash, in the amount of, provided by regulatory legal acts of National Bank concerning approval of rates for services (transactions) of National Bank.

The legal entity shall provide the copy of the settlement document confirming implementation of payment for consideration of the document package provided for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash along with representation of the corresponding document package to National Bank. Non-presentation of the copy of the relevant settlement document is the basis for return by National Bank of documents for completion.

Repeated representation by the applicant of document package for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash which was returned by National Bank on completion according to Item 56 of the Section VIII of this provision does not require implementation by the applicant of repeated payment if repeated representation of document package is performed within three months from the date of return of the previous document package for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash.

The National Bank returns to the applicant the money paid to them for service in consideration of the document package provided for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash if the applicant within three months from the date of return to completion of document package for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash did not give repeatedly document package about licensing or coordination of National Bank on implementation of transactions on processing and storage of cash.

The service in consideration of the document package provided for receipt of the license or coordination of National Bank on implementation of transactions on processing and storage of cash is provided and the payment for consideration of the corresponding document package is not subject to return if on this document package the National Bank made the decision about:

1) provision or refusal in provision of the license;

2) coordination or refusal in coordination of National Bank on implementation of transactions on processing and storage of cash.

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