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

of December 17, 2015 No. 229

About approval of Changes in Rules of forming and maintaining databases about investors

According to Item "About system of guaranteeing household deposits" the executive directorate of Fund of guaranteeing household deposits SOLVED 3 parts three of article 12 of the Law of Ukraine:

1. Approve Changes in the Rules of forming and maintaining databases about investors approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 9, 2012 No. 3, registered in the Ministry of Justice of Ukraine on August 23, 2012 at No. 1430/21742 (in edition of the decision of executive directorate of Fund of guaranteeing household deposits of September 25, 2014 No. 99) (further - Changes) which are 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.

4. The subitem 1 of Item 1 of Changes is effective till November 1, 2016.

5. To members of Fund of guaranteeing household deposits to bring the activities into accord with requirements of Changes within two months from the date of entry into force of this decision, except paragraphs of the fourth and seventh subitem 3 of Item 1 of Changes to which to bring the activities within three months from the effective date of this decision.

6. 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.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of December 17, 2015 No. 229

Changes in Rules of forming and maintaining databases about investors

1. In the Section II:

1) the first offer of Item 1 after the word of "investors" to add with words "(except physical persons entrepreneurs)";

Item 2 to add 2) with the new paragraph of the following content:

"If on the same account charge of percent on different rates is provided, the weighted average interest rate is specified.";

3) in Item 6:

in paragraph one after words" (further - ODB) and" "shall" add with the word;

add Item after subitem 3 with the new subitem 4 following of content:

"4) technical capability of implementation of daily calculation and reflection in the database of deposit interests of the physical persons (reduced by tax amount) as of the end of operational day;".

With respect thereto subitems 4 - 6 to consider respectively subitems 5 - 7;

add Item after subitem 5 with the new subitem 6 of the following content:

"6) technical capability of forming of information for certain date with indication of the amounts of account balances in the file "D" and the corresponding amounts in the file "Z" taking into account account transactions (in particular the amounts on transactions which for date of forming of the database successfully underwent the procedure of authorization, but were not included in clearing requirements), and without the amounts of the profitable operations performed after certain date, and its unloading on electronic and/or papers;".

With respect thereto subitems 6 - 7 to consider respectively subitems 7 - 8;

4) in Item 7:

in paragraph one of the word "to be created" to replace with the word "be created";

in the paragraph the second to replace the words "When Forming to" with the word "K";

add Item with the paragraph the eleventh the following content:

"Duplication of information on the same person in the file "Z" is mistake.".

With respect thereto the eleventh to consider the paragraph the paragraph the twelfth;

Item 8 to state 5) in the following edition:

"8. After consolidation of information the bank shall perform files by cross check for prevention of absence, incompleteness or incorrectness of significant information on the investor, and also duplication of information on the same person in the file "Z".

The purpose of check is identification of mistakes in the database. Banks shall perform verifications of the database by means of the software "The inspector of the database about investors" (further - the Program of control) which is posted on the official site of Fund, and also to contribute to Fund information on the result of check according to the procedure established by Rules of provision of the reporting by the members of Fund of guaranteeing household deposits approved by the decision of executive directorate of Fund of July 9, 2012 No. 4, registered in the Ministry of Justice of Ukraine on July 27, 2012 for No. 1269/21581.";

6) in Item 10:

to replace the paragraph of the sixth with three new paragraphs of the following content:

"If balance which is considered on the account for accounting of deposits (deposits) are instrument for ensuring of execution of other obligation to this bank, and balance on the account for accounting of accrued expenses - is not present, information on the same agreement is entered by two records with two different account IDs - for reflection in the column "Sign" as that part of contribution that is instrument for ensuring of execution of other obligation to bank, and that part of contribution that is not instrument for ensuring of execution of other obligation to bank.

If under the same agreement instrument for ensuring of execution of other obligation to this bank is part, information on the same agreement is entered by two records with two different account IDs - for reflection in the column "Sign" (column 20 of the file "D") of different values.

Join the total amount of account balances of the investor on accounting of deposits (deposits) in calculation of the guaranteed amount (column 12 of the file "Z") and accounts on accounting of accrued expenses irrespective of value of the column "Sign" (column 20 of the file "D")".;

Item 12 to state 7) in the following edition:

"12. The bank in separate lists creates:

1) the list of deposits of "M" on the structure determined by appendix 5 to these rules, and structure of the information file "M" of line (appendix 6):

on which investors on individual basis draw interest from bank under the agreements signed on conditions which are not the current market conditions according to article 52 of the Law of Ukraine "About banks and banking activity" or have other financial privileges from bank;

used by the investor as method of ensuring execution of other obligation to this bank which is not executed yet;

placed on the accounts which are under arrest by a court decision;

2) the list of the persons "N" on the structure determined by appendix 7 to these rules, and structure of information line of the file "N" (appendix 8):

which are the faces tied with bank or were such persons within the last year;

which render or rendered to bank professional services as the auditor, the appraiser if from the date of the termination of provision of services there did not pass one year;

owners of essential participation of bank.";

8) in Item 13 of figure "10" to replace with figure "9";

9) in Item 14:

in paragraph one to replace figure "7" with figure "6", and to replace figure "9" with figure "8";

in the paragraph the second words and figures" to which the Protocol of control of condition of the database on investors on paper (appendix 12) is added (further the protocol of control)" to exclude.

2. In the Section III:

Item 1 to state 1) in the following edition:

"1. Information on the investor what is entered into the database of bank shall be exact, reliable, without mistakes and misstatements, to provide unambiguous interpretation by its users, and also possibility of unambiguous identification of the investor.

The investor's details (surname, name and middle name (in the presence), registration number of accounting card of the taxpayer, series and passport number (or other identity document (in the presence)), date of issue and body which issued it) shall be identical to all records with the identical identifier of the investor. At the same time in files of the database the last up-to-date information which is available in bank shall be displayed.

Information on the investor is divided into two groups - significant and help. Information on the residence or stay of physical person, all other information - significant belongs to reference information.";

2) in Item 2:

"(in the presence)" to add paragraph two after words with the words "according to data of the identity document";

the twenty first to state the paragraph in the following edition:

"12) sign.";

3) in item 4:

add Item after the paragraph of the ninth with new paragraphs the tenth and eleventh the following content:

"For nonresidents who specify place of residence outside Ukraine the country name is specified in the column "Area".

The column "Area" is not filled in only if in the detail "name of the settlement" it is specified Kiev or Sevastopol.".

With respect thereto the tenth - twenty third to consider paragraphs respectively paragraphs the twelfth - the twenty fifth;

the eighteenth to state the paragraph in the following edition:

"Column 14 (account number on which the contribution is considered) - is specified account number of analytics of deposits.";

the twenty fourth to state the paragraph in the following edition:

"Column 20 (sign) - is noted 1 - for deposits/part of deposits which are not used by the investor as method of ensuring execution of other obligation to bank, 0 - for deposits/part of the deposits used by the investor as method of ensuring execution of other obligation to bank about day of obligation fulfillment.";

add Item after the paragraph of the twenty fourth with the new paragraph the twenty fifth the following content:

"Column 21 (No. of line in the file "Z") - is noted the investor's identifier in the file "Z".".

With respect thereto the twenty fifth to consider the paragraph the paragraph the twenty sixth.

3. State the Section IV in the following edition: "IV. FEATURES of MAINTAINING the DATABASE IN BANKS WHICH are REFERRED TO CATEGORY of PROBLEM

1. In case of adoption by the National Bank of Ukraine of the decision on reference of bank to category problem according to the procedure, provided by the Law of Ukraine "About banks and banking activity" and regulatory legal acts of the National Bank of Ukraine, the bank within three working days after receipt of the notification on it shall:

1) to perform verification of the D and Z files by means of the program of control;

2) to eliminate the revealed errors, including by comparison of information specified in the database on full compliance to data with copies of documents of investors on cases on execution of accounts;

3) to carry out reconciliation of the amounts of remaining balance on deposits and the added percent (reduced by tax amount), between the database and to balance sheet accounts on which household deposits and percent added on them for date of reference of bank to category of problem are considered. Results of reconciliation are drawn up in the form of the Reconciliation statement of the database and balance sheet accounts (appendix 11) (further - the reconciliation statement).

2. From the date of reference of bank to category problem in bank it shall be daily provided as of the end of operational day:

charge of deposit interests of physical persons;

transfer of tax on the taxable income from accounts on accounting of accrued expenses;

reflection in the database of the percent reduced by tax amount.

3. Within five working days from the date of reference of bank to category problem the bank shall send such information constituted for date of reference of bank to category of problem to Fund:

quantity of information lines in the file "D";

final values of the amounts of account balances in the file "D";

quantity of information lines and final values of the amounts of account balances (including percent) on accounts 2620 "Means upon the demand of physical persons", 2625 "Means upon the demand of physical persons for implementation of transactions with use of payment cards", the Section 29 "Accounts Payable and Transit Accounts for Transactions with Clients of Bank";

quantity of information lines with accounts of group 263 and Section 33 with agreements which ended as of day of reference of bank to category of problem or final values of the amounts of account balances and amounts of the added percent with monthly breakdown according to end dates of agreements come to an end within the next 9 months, and;

quantity of deposits on the bank deposit agreements or the bank account concluded in advantage of the third party on which there was no acquisition of rights of the investor by person for benefit of which the agreement is signed and it is opened the account, including quantity and the amount of those deposits on which balance exceeds the extreme size of the guaranteed amount;

quantity of information lines, final values of the amounts on deposits with the added percent and the guaranteed amounts in the file "Z";

copy of the reconciliation statement;

the relevant protocol of control created by means of the program of control after conducting by bank check and elimination of mistakes;

quantity of information lines and final values of the amounts of account balances in the file "M";

quantity of information lines in the file "N".".

4. In the Section V:

1) the second offer of Item 2 to exclude;

Item 3 to state 2) in the following edition:

"3. In case of payment of means to the investor during action of temporary administration (both at the expense of own means of bank, and at the expense of target loan of Fund) within compensation amount that is guaranteed by Fund, information line with the field" No. of line in the file" this investor is stored in the database including if balance after payment is zero.".

5. To add Item 1 of the Section VI with the new paragraph of the following content:

"Banks shall provide maintaining the database by separate divisions of bank about investors of these divisions on Structure of information line of the file "D" (appendix 2).".

6. In Item 6 of the Section VII to exclude the word of "archive".

7. To state the name of the column 20 of appendix 1 in the following edition:

"Sign".

8. In line 20 of appendix 2:

state column 2 in the following edition:

"Sign";

in the text of the column 3 after the words "for deposits" to add with words "/parts of deposits".

9. To state the column 3 of line 12 of appendix 4 in the following edition:

"The amount that is guaranteed by Fund, calculated taking into account requirements of Items 9 and 10 of the Section II of the Agreement of forming and maintaining databases about investors, (kopek).".

10. Exclude appendix 5.

With respect thereto appendices 6 - 13 to consider respectively appendices 5 - 12.

11. Appendices 5 - 9 to be reworded as follows (are applied).

12. Exclude appendix 11.

With respect thereto to consider appendix 12 appendix 11.

Appendix 5

to Rules of forming and maintaining databases about investors (Item 2.12 of the Section II)

List of deposits of "M"

__________________________________ (Bank name)

_________________________________ (Bank location)

as of ___________

No. of line in the file "D"	F.I.O.		Registration number of accounting card of the taxpayer	Residence or place of stay
				area	area		settlement	street, house number, number of the apartment
1	2		3	4	5		6	7
Identity document						Agreement
series and number		by whom it is issued		date of issue		date of the conclusion		Expiry date	number
8		9		10		11		12	13

 

Account number on which the contribution is considered	Amount of account balance (kopek)		Account number on which accrued expenses on contribution are considered	The amount of the added percent (kopek)	Interest rate		Contribution currency code
14	15		16	17	18		19
In total
Sign		No. of line in the file "Z"				Sign *
20		21				22
In total

__________
* The following values are entered into the field 22:
7 - for deposits on which investors on individual basis draw interest from bank under the agreements signed on conditions which are not the current market conditions according to article 52 of the Law of Ukraine "About banks and banking activity" or have other financial privileges from bank;
8 - for contribution/part of contribution which is used by the investor as method of ensuring execution of other obligation to this bank;
11 - for the contribution/part of contribution placed on the account that is under arrest by a court decision.

Appendix 6

to Rules of forming and maintaining databases about investors (Item 2.12 of the Section II)

Structure of the information file "M" of line

№	Name	Content	Format
1	2	3	4
1	No. of line in the file "D"	Number of information line in the file "D" (account ID of the investor)	N10
2	F.I.O.	Surname, name and investor's middle name	C50
3	Registration number of accounting card of the taxpayer	Registration number of accounting card of the taxpayer. If the investor has right to make any payments on series and passport number or the investor is nonresident, has no registration number, - the detail is filled with 0000000000 value. If registration number is unknown, the detail is filled with 0000099999 value. Leading zero are specified	C = 10
4	Area	Name of the area	C30
5	Area	Name of the area	C60
6	Settlement	Name of the settlement	C60
7	Street, house number, number of the apartment	Name of the street, house number and apartment	C100
8	Series and number	Series, document number, proving the identity	C20
9	By whom it is issued	Who issues the identity document	C100
10	Date of issue	Date of issue of the identity document	D = 10
11	Date of the conclusion	Date of the conclusion of the contract with the investor	D = 10
12	Expiry date	Expiry date of the contract with the investor	D = 10
13	Agreement number	Agreement number with the investor	C40
14	Account number on which the contribution is considered	Number of the analytical account	N = 5C25
15	The amount of account balance for accounting of deposits	Amount of account balance (kopek)	N16
16	Account number on which accrued expenses on contribution are considered	Account number	N = 5C25
17	The amount of the added percent (kopek)	The amount of the added percent reduced by tax amount, (kopek)	N16
18	Interest rate	Size of interest rate	N4.T4
19	Contribution currency code	Digital currency code of contribution according to the Qualifier of foreign currencies and bank metals approved by the resolution of Board of the National Bank of Ukraine of February 04, 1998 No. 34 (in edition of the resolution of Board of the National Bank of Ukraine of October 02, 2002 No. 378). The leading zero are specified	N = 3
20	Sign	1 - for deposits/part of deposits that is not pledge subject, 0 - for the deposits/part of deposits which are pledge subject	N = 1
21	No. of line in the file "Z"	Number of information line in the file "Z" (the investor's identifier)	N10
22	Sign	It is filled with values: 7 - for deposits on which investors on individual basis draw interest from bank under the agreements signed on conditions which are not the current market conditions according to article 52 of the Law of Ukraine "About banks and banking activity" or have other financial privileges from bank; 8 - for contribution/part of contribution which is used by the investor as method of ensuring execution of other obligation to this bank; 11 - for contribution/part of the contribution placed on the account that is under arrest by a court decision.	N = 1

Appendix 7

to Rules of forming and maintaining databases about investors (Item 2.12 of the Section II)

List of the persons "N"

__________________________________ (Bank name)

_________________________________ (Bank location)

as of ______________ years

№ of payment order	F.I.O.	Registration number of accounting card of the taxpayer		Residence or location
				area		area	settlement	street, house number, number of the apartment
1	2	3		4		5	6	7
Identity document									Sign *
series and number			by whom it is issued		date of issue
8			9		10				11

__________
* The following values are entered into the field 11 "sign":
4 - for faces which are the faces tied with bank or were such persons within the last year;
5 - for persons who provide and rendered to bank professional services as the auditor, the appraiser if from the date of the termination of provision of services there did not pass one year;
6 - for owners of essential participation of bank.

Appendix 8

to Rules of forming and maintaining databases about investors (Item 2.12 of the Section II)

Structure of information line of the file "N"

№	Name	Content	Format
1	2	3	4
1	№ of payment order	Number of information line in the file (number one after another)	N10
2	F.I.O.	Surname, name and investor's middle name	C50
3	Registration number of accounting card of the taxpayer	Registration number of accounting card of the taxpayer. If the investor has right to make any payments on series and passport number, the detail is filled with 0000000000 value. If registration number is unknown, the detail is filled with 0000099999 value. The leading zero are specified	C = 10
4	Area	Name of the area	C30
5	Area	Name of the area	C60
6	Settlement	Name of the settlement	C60
7	Street, house number, number of the apartment	Name of the street, house number and apartment	C100
8	Series and number	Series, document number, proving the identity	C20
9	By whom it is issued	Who issues the identity document	C100
10	Date of issue	Date of issue of the identity document	D = 10
11	Sign	4 - for faces which are the faces tied with bank or were such persons within the last year; 5 - for persons who provide and rendered to bank professional services as the auditor, the appraiser if from the date of the termination of provision of services there did not pass one year; 6 - for owners of essential participation of bank	N = 1

Appendix 9

to Rules of forming and maintaining databases about investors (Item 13 of the Section II)

Example of information input about investors

__________________________________ (Bank name)

_________________________________ (Bank location)

as of ___________________ years

No. of line in the file "D"	F.I.O.		Registration number of accounting card of the taxpayer		Residence or place of stay
					area		area	settlement		street, house number, number of the apartment
1	2		3		4		5	6		7
1	BASSES IVAN IVANOVICH		1224455778					KIEV		ULITSA GOGOLYA, 7, QUARTER 25
2	BASSES IVAN IVANOVICH		1224455778					KIEV		ULITSA GOGOLYA, 7, QUARTER 25
Identity document						Agreement
series and number		by whom it is issued		date of issue		date of the conclusion			Expiry date		number
8		9		10		11			12		13
CA489456		Podolsk RU Ministry of Internal Affairs of UKRAINE IN G. KIEV		15.12.1998		24.03.2010			24.03.2012		456/478
CA489456		Podolsk RU Ministry of Internal Affairs of UKRAINE IN G. KIEV		15.12.1998		24.03.2010			24.03.2012		456/478

Account number on which the contribution is considered	Amount of account balance (kopek)	Account number on which accrued expenses on contribution are considered	The amount of the added percent (kopek)	Interest rate	Contribution currency code	Sign	No. of line in the file "Z"
14	15	16	17	18	19	20	21
26354037836002	12500000	26387037836002	0	18,5	980	0	256
26354037836002	0	26387037836002	50000	18,5	980	1	256
In total	12500000		50000

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