RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 7, 2016 No. 913

About approval of Licensed conditions of implementation of economic activity on provision of financial services (except professional activity in the security market)

According to Item and paragraph one of part two of article 9 of the Law of Ukraine "About licensing of types of economic activity" the Cabinet of Ministers of Ukraine decides 2 parts one of Article 7:

1. Approve Licensed conditions of implementation of economic activity on provision of financial services (except professional activity in the security market) (further - Licensed conditions) which are applied.

2. Determine that:

the term during which the licensees having licenses of the National commission performing state regulation in the sphere of the markets of financial services for implementation of economic activity on provision of financial services (except professional activity in the security market), shall bring the activities into accord with requirements of Items 21 - 99 Licensed conditions and to file documents to body of licensing and data determined by part three of article 15 of the Law of Ukraine "About licensing of types of economic activity" constitutes two months from the date of publication of this resolution (except paragraph two of Item 28 of Licensed conditions, the term of reduction of the activities in compliance with which for licensees constitutes 12 months from the date of publication of this resolution);

Licensed conditions in the part concerning the subjects of managing performing activities for rendering services in financial leasing, provision of means as a loan including on the terms of financial loan, provision of guarantees and guarantees, provision of services of factoring and trust management of financial assets are also entered about day of entry into force of this resolution in the State register of financial institutions or the register of persons which are not financial institutions, but have the right to provide separate financial services, are applied in six months from the date of entry into force of this resolution. The body of licensing accepts from the specified subjects of managing the documents determined by paragraphs third - the fifth Item 18 and the paragraph third the subitem 6 of Item 19 of Licensed conditions, and makes the decisions provided by articles 12 and 13 of the Law of Ukraine "About licensing of types of economic activity" from day of entry into force of this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2016 No. 913

Licensed conditions of implementation of economic activity on provision of financial services (except professional activity in the security market)

General provisions

1. These Licensed conditions establish the exhaustive list of the requirements obligatory for accomplishment by the licensee, and the exhaustive list of the documents enclosed to the application for receipt of the license.

2. The licensee shall fulfill requirements of these Licensed conditions, and the license applicant - it to correspond.

3. In these Licensed conditions terms are used in such value:

administration of financial assets for purchase of goods in groups financial service which provides attraction of money of participants of group, consolidation of these means for the purpose of acquisition and distribution of goods between participants of group;

reporting data - data (except financial and consolidated financial statements) which are constituted by financial institutions and move to body of licensing according to requirements of the laws concerning regulation of the markets of financial services;

the head of financial institution - the chairman of executive body (if collegiate executive organ), the director (president) (if executive body individual) or other official who performs management of the subject of managing according to the legislation and constituent documents;

the chief accountant of financial institution - the chief accountant heading the created accounting service in financial institution, the regular accountant of financial institution if in financial institution the accounting service led by the chief accountant, person replacing it, or person to who conducting on a contract basis financial accounting (the non-staff specialist in financial accounting registered as physical the litsopredprinimatel performing business activity without formation of legal entity and the specialist in financial accounting of centralized accounts department or auditing firm) is assigned is not created;

attraction of financial assets with the obligation of subsequent their return financial service which assumes attraction of financial assets by financial institution based on the written agreement with face (investor) which is not financial institution with the obligation of financial institution concerning the subsequent return of such means through the term determined in the contract with payment to the investor of percent (remunerations the Subordinated debt, means received from local and the government budget by legal entities of the public law do not belong to the raised funds. Attraction of money with the obligation of subsequent their return on other bases, including receipts of the credits from other financial institution, is not financial service;

other legal entity providing financial services - the legal entity whose possibility of provision of financial services are determined by the laws and regulatory legal acts of the state bodies performing regulation of activities of financial institutions and the markets of financial services, but which on the legal status is not financial institution;

the certain non-residential premise - the part of unobstructed capacity of the building limited to construction elements with possibility of entrance and exit;

internal regulations of provision of financial services - the rules of rendering financial services approved by financial institution according to which contracts of rendering financial services are signed.

Other terms in these Licensed conditions are used in the value given in the Laws of Ukraine "About financial accounting and the financial reporting in Ukraine", "About financial records audit and auditor activities", "About licensing of types of economic activity", "About financial services and state regulation of the markets of financial services" and other laws concerning regulation of the markets of financial services.

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