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

of May 26, 2016 No. 825

On protection of the rights and the interests of investors protected by the law

According to Item 4, to Item 10 parts one of article 12 of the Law of Ukraine "About system of guaranteeing household deposits" the executive directorate of Fund of guaranteeing household deposits solved 13 parts two of Article:

1. Approve the Instruction about procedure by Fund of guaranteeing household deposits of protection of the rights and the interests of investors protected by the law which is applied.

2. Make to the section IX Regulations on procedure for imposing of administrative sanctions by Fund of the guaranteeing household deposits approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 23, 2012 No. 11, registered in the Ministry of Justice of Ukraine on September 14, 2012 for No. 1584/21896 (with changes), the following changes:

Item 9.2 to add 1) with new paragraphs the seventh, eighth the following content:

"Violation of obligations of agent bank;

violation of the rights and the interests of investors protected by the law on the questions concerning functioning of system of guaranteeing household deposits.";

2) in Item 9.3:

the fourteenth to state the paragraph in the following edition:

"Absence or failure to provide upon the demand of the investor in premises of bank where banking services are provided, and also on the page on the Internet of complete, reliable and up-to-date information for investors about system of guaranteeing household deposits, stipulated by the legislation, attracts imposing of penalty in the amount of 0,05 of percent of the size of the registered authorized capital of bank;";

add after the paragraph of the sixteenth with two new paragraphs of the following content:

"Differentiation of the sizes of penalties for violation of requirements of the legislation concerning accomplishment of functions of agent bank:

violation of the rights of investors by agent banks concerning payments of the guaranteed compensation amount attracts imposing of penalty in the amount of 0,01 of percent of the size of the registered authorized capital of bank.".

With respect thereto the seventeenth - the nineteenth to consider paragraphs respectively paragraphs the nineteenth - the twenty first.

3. Bring in the Regulations on procedure for informing the public on system of guaranteeing household deposits approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 23, 2012 No. 10, registered in the Ministry of Justice of Ukraine on August 14, 2012 at No. 1370/21682 (with changes), the following changes:

Exclude the Section III;

exclude appendix 2.

4. To participating banks of Fund of guaranteeing household deposits to bring the websites into accord with requirements of the Procedure Fund of the guaranteeing household deposits of protection of the rights and the protected interests of investors approved by this decision no later than the month from the date of following behind day of entry into force of this decision.

5. 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.

6. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund on the Internet after its state registration.

7. This decision becomes effective from the date of its official publication.

8. I reserve control of execution of this decision.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of May 26, 2016, No. 825

The instruction about procedure Fund of guaranteeing household deposits of protection of the rights and the interests of investors protected by the law

I. General provisions

1. This Instruction determines procedure Fund of guaranteeing household deposits (further - Fund) measures for protection of the rights and interests of investors protected by the law for the purpose of maintenance of financial stability of Ukraine, stimulation of attraction of financial resources and building confidence of the population in bank system of Ukraine, in particular the right and obligation of investors, participating banks of Fund, including agent banks, regarding functioning of system of guaranteeing household deposits.

2. In this Instruction terms are accepted in the following values:

bank - participating bank of Fund;

bank which is in management of Fund, - bank on which the decision on recognition its insolvent is made, or bank on which the decision on withdrawal of the banking license and liquidation on the bases determined by part two of article 77 of the Law of Ukraine "About banks and banking activity" is made;

the reference - the certificate of system of guaranteeing household deposits (appendix);

the agreement - bank account agreement, bank deposit agreement (deposit);

protection of the rights and interests of investors - the function of Fund determined in the Law of Ukraine "About system of guaranteeing household deposits" (further - the Law) which gives to him authority to perform measures for protection of the rights and interests of investors protected by the law;

imposing of services - the requirement of agent bank of Fund to the investor to acquire service and/or to sign the agreement as condition of receipt of the guaranteed compensation amount on contribution;

the authorized person of bank - physical person which has the right to making of the corresponding actions from bank name based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation.

The term "digital signature" is used in the value given in the Law of Ukraine "About electronic confidential services".

Other terms are used in the values given in the Law of Ukraine "About system of guaranteeing household deposits" and other regulatory legal acts.

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