RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 21, 2017 No. 137

About modification of some regulatory legal acts of the National Bank of Ukraine

According to Articles 7, of 15, of 44, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Decree of the Cabinet of Ministers of Ukraine of February 19, 1993 No. 15-93 "About system of currency control and currency exchange control", for the purpose of increase in reliability and stability of financial system of Ukraine, market development of financial services and ensuring protection of interests of their participants and enhancement of regulatory legal acts of the National Bank of Ukraine the Board of the National Bank of Ukraine decides:

1. Make changes to Regulations on procedure for provision to non-bank financial institutions, the national operator of mail service of general licenses for the implementation of currency transactions approved by the resolution of Board of the National Bank of Ukraine of August 9, 2002 No. 297, registered in the Ministry of Justice of Ukraine on August 29, 2002 for No. 712/7000 (with changes) (further - the Provision), having been reworded as follows it which is applied.

2. Bring in Rates for the services in registration and licensing provided by the National Bank of Ukraine, approved by the resolution of Board of the National Bank of Ukraine of August 12, 2003 No. 333, registered in the Ministry of Justice of Ukraine on September 10, 2003 for No. 787/8108 (in edition of the resolution of board of the National Bank of Ukraine of June 15, 2017 No. 53) (with changes) (further - Rates), the following changes:

Column 3 of line 23 to state 1) in the following edition:

"Consideration of document package about provision of the general license for implementation of currency transactions to non-bank financial institution, the national operator of mail service";

Line 24 to exclude 2).

With respect thereto lines 25 - 55 to consider respectively in the lines 24 - 54.

3. The National Bank of Ukraine considers the documents on provision of the general license for implementation of currency transactions (further - the license) which arrived in the National Bank of Ukraine before entry into force of this resolution and provides to non-bank financial institutions, the national operator of mail service of the license according to requirements of the Provision and Rates without the changes made by this resolution.

4. To non-bank financial institutions which obtained the license:

1) before entry into force of this resolution during:

two months from the date of entry into force of this resolution to provide to the National Bank of Ukraine the questionnaire of non-bank financial institution in the form given in appendix 3 to the Provision;

six months from the date of entry into force of this resolution to provide reduction of the activities, structure of property, financial condition and goodwill (further together - activities) in compliance with requirements of the Provision and to give to the National Bank of Ukraine written assurance about compliance of their activities to requirements of the Provision;

2) According to Item 3 of this resolution after entry into force of this resolution during:

two months from the date of receipt of the license to submit to the National Bank of Ukraine the questionnaire of non-bank financial institution in the form given in appendix 3 to the Provision;

six months from the date of receipt of the license to provide reduction of the activities in compliance with requirements of the Provision and to give to the National Bank of Ukraine written assurance about compliance of their activities to requirements of the Provision.

5. To department of methodology (Ivanenko N. V.) after official publication to inform banks information on adoption of this resolution.

6. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

7. 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 August 9, 2002 No. 297

(in edition of the Resolution of Board of the National Bank of Ukraine of December 21, 2017 No. 137)

Regulations on procedure for provision to non-bank financial institutions, national operator of mail service of general licenses for implementation of currency transactions

I. General provisions

1. This Provision is developed according to Articles 7, 44 Laws of Ukraine "About the National Bank of Ukraine", article 7 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" (further - the Law on financial services), Articles 5, of 11, of 13, 16 Decrees of the Cabinet of Ministers of Ukraine of February 19, 1993 No. 15-93 "About system of currency control and currency exchange control" (further - the Decree) and determines procedure for provision by the National Bank of Ukraine (further - National Bank) to non-bank financial institutions, the national operator of mail service of general licenses for implementation of currency transactions.

2. In this Provision the following basic concepts are used:

1) the automated information system of Currency licenses National Bank (further - AIS "Currency licenses") - complex of organizational technical means which provides maintaining by National Bank the electronic register of the provided and revoked (cancelled) general licenses for implementation of currency transactions;

2) the general license for implementation of currency transactions (further - the general license) - the license provided by National Bank to non-bank financial institutions, the national operator of mail service according to this Provision for implementation by them (it) the currency transactions which are not requiring the individual license;

3) date of response (cancellation) of the general license - date of board decision of National Bank about withdrawal (cancellation) of the general license;

4) receipt date of document package - registration date in National Bank of the document package provided by the Section III of this provision;

5) sources of origin of means for forming own (authorized, additional) the capital of non-bank financial institution - documented [based on official documents, properly certified their copies or other sources if such information is public (open)] the data allowing to draw valid conclusion on availability of sufficient financial opportunities at members of non-bank financial institutions and/or any other person in chain of ownership of corporate laws of non-bank financial institution for forming own (authorized, additional) the capital of non-bank financial institution;

6) essential participation - immediate and/or indirect possession by one person independently or together with other persons 10 and more percent of the authorized capital and/or voting power of shares, shares of the legal entity or possibility of considerable influence, independent of formal ownership, on management or activities of the legal entity. Person is recognized the owner of the mediated essential participation irrespective of, person exercises it control of the direct owner of participation in the legal entity or control of any other person in chain of ownership of corporate laws of such legal entity;

7) qualified stock exchange - the exchange created according to the legislation of the member state of the European Union or cumulative market capitalization of the companies which shares are included (are admitted) to trading at such exchange, exceeds equivalent of 100 billion US dollars as of the last month the year preceding year in which the exchange is recognized qualified for the purposes of this provision;

8) the qualified bureau of credit histories - bureau of credit histories which is created and acts on the basis of the Law of Ukraine "About the organization of forming and the address of credit stories";

9) heads of non-bank financial institution - sole executive body or members of collegiate executive body and members of council of non-bank financial institution (the observation, supervising) - in the presence;

10) the key member of the legal entity - any physical person which owns corporate laws of such legal entity, the legal entity who owns two and more percent of corporate laws of such legal entity, in particular, if:

the legal entity has more than 20 participants - physical persons, key participants are 20 participants - physical persons which shares are the largest;

packets of corporate laws of the legal entity, identical by the size, belong to more than 20 participants - physical persons, key participants are all physical persons having two and more percent of corporate laws of such legal entity;

it is considered that the public company has no key participants;

11) the controller - physical person or legal entity concerning which there are no controllers - physical persons and which has opportunity to perform decisive influence on management or activities of the legal entity by immediate and/or indirect possession independently or together with other persons of shares in the legal entity that corresponds to equivalent of 50 or more percent of the authorized capital and/or voices of the legal entity, or irrespective of formal ownership to perform such influence based on the agreement or any other image;

12) control - opportunity to perform decisive influence on management and/or activities of the legal entity by the direct and/or mediated ownership of one person independently or together with other persons of shares in the legal entity that corresponds to equivalent of 50 or more percent of the authorized capital and/or voices of the legal entity, or irrespective of formal ownership opportunity to perform such influence on the basis of the agreement or any other image;

13) chain of ownership of corporate laws of the legal entity - information on the list of key members of the legal entity, including information on key participants of the first and each subsequent level of proficiency in corporate laws of the legal entity;

14) non-bank financial institution - the legal entity who according to the legislation of Ukraine is not bank provides one or several financial services and is entered in the state register of financial institutions which is kept by the National commission performing state regulation in the field of the markets of financial services, or the National commission on securities and the stock market (further - the Register of financial institutions) according to the procedure, established by the legislation of Ukraine;

15) final key participants are key participants - physical persons, and also key participants - legal entities who do not incorporate key participants. Final key participants also is the state (on behalf of relevant organ of the government), territorial community (on behalf of relevant organ of local self-government), international financial institution, and also the public company;

16) the room - the part of unobstructed capacity of the non-residential real estate unit limited to construction elements and/or the protecting building constructions, with possibility of entrance and exit, used by non-bank financial institution, the national operator of mail service for implementation of currency transactions;

17) the public company - the foreign legal entity created in the form of public joint stock company which shares are included in stock exchange lists (underwent the procedure of listing) and are admitted to trading in regulated segment of qualified stock exchange;

18) level of proficiency in corporate laws of the legal entity - the relation on ownership of corporate laws of the legal entity between such legal entity and his participants. If all members of the legal entity are physical persons, then such legal entity has only one level of proficiency in corporate laws;

19) the term of activities of non-bank financial institution, national operator of mail service - the term estimated from start date of the actual provision to residents of certain financial services in currency of Ukraine;

20) structural divisions - branches and other isolated structural divisions, not isolated structural divisions, exchange bureaus of foreign currency, cash desk of non-bank financial institutions, objects of mail service of the national operator of mail service in which provision of financial services is performed;

21) fundamental breach by non-bank financial institutions of requirements to the organization of protection of premises of non-bank financial institutions - any of the following violations:

technical condition of elements of the protecting structures of premises of non-bank financial institution, storage of non-bank financial institution or the safe which is used as storage does not conform to the requirements established by the regulatory legal act concerning the organization of protection of premises of non-bank financial institutions in Ukraine;

there is no system of video surveillance behind premises of non-bank financial institution which functions according to the regulatory legal act concerning the organization of protection of premises of non-bank financial institutions in Ukraine;

premises of non-bank financial institution are not equipped with systems of the alarming alarm system;

22) fundamental breach by non-bank financial institutions, the national operator of mail service of procedure for carrying out currency exchange transactions - any of the following violations:

discrepancy of balances in cash in cash desk at the time of check to data of the reporting certificate of cash turnovers in day and remaining balance of values on the amount in equivalent more than 50 thousand hryvnias;

implementation of currency exchange transaction without application of the registrar of settlement transactions and its reflection in accounting documents of non-bank financial institution, national operator of mail service;

23) fundamental breach of financial liabilities - non-execution or improper execution of the obligation of financial nature, the amount of failure to carry out / improper execution of which exceeds 300 thousand hryvnias (or equivalent of this foreign currency amount), and the term of delay of obligation fulfillment of financial nature exceeds 90 days;

24) the member of the legal entity - person who owns corporate laws of this legal entity.

Other terms in this Provision are used according to the determinations specified in the Law of Ukraine "About banks and banking activity" (further - the Law on banks), the Law on financial services, the Decree and other legal acts of Ukraine which concern activities of non-bank financial institutions, the national operator of mail service.

3. The non-bank financial institution, the national operator of mail service provide financial services, the stipulated in Article 4 Laws on financial services if they are currency transactions according to Item 2 of article 5 of the Decree, after receipt of the general license.

4. Non-bank financial institutions, the national operator of mail service who obtained the general license for implementation of activities for currency exchange have the right to open in the territory of Ukraine exchange bureaus of foreign currencies according to the procedure, established for authorized banks.

5. The non-bank financial institutions which obtained the general license for implementation of activities for currency exchange or other financial services providing use of cash in national and foreign currencies shall provide during the term of its action compliance of premises of structural divisions to requirements of the legislation of Ukraine, in particular, of the normative legal acts of National Bank regulating procedure for carrying out currency exchange transactions and concerning the organization of protection of premises of non-bank financial institutions in Ukraine and also to provide observance of requirements of the legislation of Ukraine concerning application of registrars of settlement transactions when implementing currency exchange transactions in the territory of Ukraine.

6. The non-bank financial institution and the national operator of mail service who obtained the general license shall submit the reporting on currency transactions according to the procedure and the terms determined by National Bank in coordination with Public service of statistics of Ukraine taking into account requirements of the legislation of Ukraine.

7. The non-bank financial institution, the national operator of mail service perform currency transactions by rules and according to the procedure which are determined by the legislation of Ukraine, including regulatory legal acts of National Bank and domestic situations of non-bank financial institution, national operator of mail service of the equipment of communication developed according to them, and also with observance of conditions of the provided general license.

The non-bank financial institution which when implementing currency transactions intends to use the commercial (corporate) name, trademark (sign for goods and services) does not contain the name of non-bank financial institution, at least in 15 working days prior to use in writing shall notify National Bank on their use and provide information about such to trademark (sign for goods and services), the commercial (corporate) name.

8. Structural divisions of non-bank financial institution, the national operator of mail service perform currency transactions according to the provisions regulating carrying out currency transactions and within the powers conferred by non-bank financial institution - the legal entity, the national operator of mail service.

9. The owner of the general license cannot give her to the third parties.

10. The non-bank financial institution, the national operator of mail service bring service fee on consideration of document package about the provision of the general license in the amount of provided by regulatory legal acts of National Bank concerning approval of rates for services (transactions) of National Bank.

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