RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 13, 2016 No. 261

About modification of the Regulations on order of registration and licensing of banks, opening of separate divisions

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About banks and banking activity", for the purpose of enhancement of procedure for creation and registration of banks, licensing of their activities the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Regulations on order of registration and licensing of banks, opening of separate divisions approved by the resolution of Board of the National Bank of Ukraine of September 08, 2011 No. 306, registered in the Ministry of Justice of Ukraine on October 18, 2011 on No. 1203/19941 (with changes) which are applied.

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

3. 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.

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

Approved by the Resolution of Board of the National Bank of Ukraine of April 13, 2016 No. 261

Changes in Regulations on order of registration and licensing of banks, opening of separate divisions

1. In the Section I:

1) in Chapter 1:

in Item 2:

the fifth after words of "stories of bureau of credit histories" to add the paragraph with words "(other subject as which collection, processing, storage and use of information constituting credit history enters)";

the eighteenth to state the paragraph in the following edition:

"the financial reporting of legal resident person, including form 1 "Balance" ("The report on financial condition"), form 2 "The report on financial results" ("Comprehensive income statement"), the "Cash flow statement" form 3, form 4 "The report on equity" and notes to the financial reporting or "The financial statement of small business entity";

in item 4:

in paragraph one of the word "or are translated into Ukrainian" to exclude;

after paragraph one to add with the new paragraph the second the following content:

"The documents constituted in foreign language for representation to National Bank shall be translated into Ukrainian (authenticity of the signature of the translator makes sure notarially). The documents constituted in foreign language with simultaneous reduction of their text in Ukrainian are not translated into Ukrainian";

the fourth Item 5 to exclude the paragraph;

add Item 7 with the new paragraph of the following content:

"The National Bank has the right to return on completion the document packages specified in this Provision in case of their shortage and/or discrepancy of the submitted documents to requirements of the legislation of Ukraine and regulatory legal acts of National Bank";

2) in Chapter 2:

in Item 14:

state subitem 4 in the following edition:

"Violation (non-execution or improper execution) of the obligation of financial nature which amount exceeds 300 000 hryvnias (or equivalent of this foreign currency amount) and the term of violation exceeds 4) 90 calendar days, concerning any bank or other legal entity or physical person within the last three years";

third - the fifth subitem 6 to state paragraphs in the following edition:

"b) reference of bank to category insolvent in connection with single gross or systematic violation of the legislation by bank in the field of the cash address that creates threat to interests of investors or other creditors of bank, or reference of bank to category insolvent on other bases if in the decision of National Bank implementation of risk activities by bank is also determined that creates threat to interests of investors or other creditors of bank (it is applied within 10 years from the date of decision making by National Bank);

c) reference of bank to category insolvent on the basis, stipulated in Item 1 part one of article 76 of the Law if the decision on reference of bank to category problem which preceded it was accepted in connection with implementation by bank of the risk activities menacing to interests of investors or other creditors of bank (it is applied within 10 years from the date of adoption of such decision by National Bank);

d) reference of bank to category insolvent on other bases, the stipulated in Article 76 Laws (it is applied within three years from the date of adoption of such decision by National Bank)";

in Item 15:

state subitem 3 in the following edition:

"Violation (non-execution or improper execution) of the obligation of financial nature which amount exceeds 50 000 hryvnias (or equivalent of this foreign currency amount) and the term of violation exceeds 3) 30 calendar days, concerning any bank or other legal entity or physical person within the last three years";

in subitem 5:

third to state the paragraph in the following edition:

"(іi) took at least six months of position in governing bodies and/or control of bank or position of the chief accountant of bank, or position of the division manager of internal audit of bank or carried out obligations of specified persons, or";

paragraphs of the seventh - to state the ninth in the following edition:

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