RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 22, 2018 No. 150

About modification of the Regulations on procedure for issue to legal entities of licenses for provision to banks of services in collection

According to Articles 7, of 15, 33 and 56 Laws of Ukraine "About the National Bank of Ukraine", for the purpose of enhancement of procedure for licensing of legal entities the Board of the National Bank of Ukraine DECIDES:

1. Make changes to Regulations on procedure for issue to legal entities of licenses for the provision to banks of services in collection approved by the resolution of Board of the National Bank of Ukraine of December 24, 2015 No. 926 (with changes) (further - the Provision), having been reworded as follows it which is applied.

2. The National Bank of Ukraine considers the documents of legal entities on licensing for provision to banks of services in collection (further - the license) which arrived in the National Bank of Ukraine before entry into force of this resolution and provides to legal entities of the license according to requirements of the Provision, without the changes made by this resolution.

3. The legal entity who gives to the National Bank of Ukraine document package for licensing and/or approval on implementation of transactions on processing and storage of cash till March 31, 2019 (inclusive) shall perform payment of the service with number 55 (provision to the legal entity of the license for provision to banks of services in collection) established by line of 51 Rates for the services in registration and licensing provided by the National Bank of Ukraine, No. approved by the resolution of Board of the National Bank of Ukraine of August 12, 2003 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) and to submit the copy of the settlement document confirming implementation of such payment to the National Bank of Ukraine.

4. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine of Cold S. V.

5. The resolution becomes effective from the date of, its official publication following behind day, except Item 7 of the Section I, the subitem 14 of Item 15 of the Section III and the subitem 6 of Item 70 of the Section X of the Provision which become effective since April 1, 2019.

Approved by the Resolution of Board of the National Bank of Ukraine of December 24, 2015 No. 926

(in edition of the Resolution of Board of the National Bank of Ukraine of December 22, 2018 No. 150)

Regulations on procedure for issue to legal entities of licenses for provision to banks of services in collection

I. General provisions

1. This Provision is developed according to article 7 of the Law of Ukraine "About the National Bank of Ukraine".

2. This Provision establishes general procedure and conditions of issue by the National Bank of Ukraine (further - National Bank) to legal entities of licenses for provision to banks of services in collection (further - the license), and also the bases on which the National Bank has the right to refuse licensing, to suspend (to resume) action of the license or to cancel it.

3. Requirements of this Provision extend to legal entities who intend to provide to banks services in collection.

4. In this Provision terms are used in such value:

1) date of representation of document package - registration date in National Bank of the complete document package provided by the Section III of this provision;

2) the electronic register of licenses for collection - the electronic register of licenses for provision to banks of services in collection which is kept by National Bank by means of the corresponding complex of organizational technical means;

3) 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 whether 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;

4) qualified bureau of credit histories - the First All-Ukrainian bureau of credit histories, the Ukrainian bureau of credit histories and the International bureau of credit histories;

5) heads of the legal entity - sole executive body or members of collegiate executive body and members of council (the supervising, supervisory board - in the presence) the legal entity;

6) the final owner of essential participation in the legal entity - physical person, the legal entity in whose structure of property there are no other owners of essential participation in the legal entity determined according to requirements of this provision, the international financial institution, the public company, the state or territorial community on behalf of the relevant state body or local government body;

7) the key member of the legal entity - 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 and if:

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

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 owning two and more percent of corporate laws of such legal entity;

8) 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 the direct and/or mediated ownership independently or together with other persons of shares in the legal entity which 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 on the basis of the agreement or any other image;

9) 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 which 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;

10) chain of ownership of corporate laws of the legal entity - information on the list of key members of the legal entity which includes information on key participants of the first and each following level of proficiency in corporate laws of the legal entity;

11) the license for provision to banks of services in collection (further - the license) - the license provided by National Bank to the legal entity according to this Provision and certifying the right of such legal entity to provide to banks services in collection;

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

13) division of collection - structural division of the legal entity to which functions provision to banks of services in collection is referred;

14) 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;

15) level of proficiency in corporate laws of the legal entity - the relation concerning 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;

16) structural divisions - branches, other isolated structural divisions of the legal entity created according to the legislation of Ukraine;

Fundamental breach of financial liabilities - non-execution or improper execution of the obligation of financial nature which amount exceeds 300 thousand hryvnias (or equivalent of this foreign currency amount) and the term of delay of obligation fulfillment of financial nature exceeds 17) 90 calendar days;

18) trust design (trust) - the mode of ownership/property management based on the transaction which provides splitting of the property right to the legal right of property which is transferred to the trustee, and the beneficial property right which is transferred to beneficiaries (beneficiaries). The legal right of property is understood as the right of legal possession, use and order by property in advantage and for the benefit of beneficiaries (beneficiaries), and as the beneficial property right - the right of receipt of any benefit from property;

19) the member of the legal entity - person who owns corporate laws of the legal entity;

20) the authorized person - physical person which has the right to decision making or making of the corresponding actions based on the power of attorney (other document which confers appropriate authority);

21) cyclic structure of property of the legal entity - structure of property, in which:

the legal entity is the owner of essential participation in other legal entity who at the same time is the owner of essential participation in this legal entity and/or

owners of essential participation of the legal entity at the same time own the direct and/or mediated participation in each other at one or several levels / chains of ownership of corporate laws in cumulative size at least 25%;

22) the legal entity - any legal entity created and registered in the procedure established by the legislation of Ukraine which is not bank or financial institution and performs the activities according to the legislation of Ukraine and constituent documents.

Other terms used in this Provision are applied in the values determined by the legislation of Ukraine and regulatory legal acts of National Bank concerning the cash address.

5. The board of National Bank makes the decision on provision of the license or refusal in its provision, and also suspension, renewal, cancellation of the license. The decision on modification of the electronic register of licenses for collection is made by the Chairman of National Bank or person authorized by it. The license becomes effective from the date of introduction of accounting record about provision of the license in the electronic register of licenses for collection.

6. The legal entity has the right to begin provision to banks of services in collection from the date of entering into the electronic register of licenses for collection of accounting record about provision of the license.

7. The legal entity shall bring payment for consideration of the document package provided for receipt of the license or approval of National Bank on implementation of transactions on processing and storage of cash, in the amount of, provided by regulatory legal acts of National Bank concerning approval of rates for services (transactions) of National Bank.

The legal entity shall provide the copy of the settlement document confirming implementation of payment for consideration of the document package provided for receipt of the license or approval of National Bank on implementation of transactions on processing and storage of cash along with representation of the corresponding document package to National Bank. Non-presentation of the copy of the relevant settlement document is the basis for return by National Bank of documents for completion.

The service in consideration of the document package provided for receipt of the license or approval of National Bank on implementation of transactions on processing and storage of cash is provided and the payment for consideration of the corresponding document package is not subject to return if on this document package the National Bank made the decision about:

1) provision or refusal in provision of the license, approval or refusal in approval of National Bank on implementation of transactions on processing and storage of cash;

2) return of the provided document package on completion according to requirements of Item 56 of the Section VIII of this provision.

8. The legal entity has the right to file in National Bank petition for modification of the electronic register of licenses for collection in case of change of the name of the legal entity (if such change is not connected with reorganization).

9. The legal entity shall in case of adoption of the decision on the provision termination by it to banks of services in collection in writing notify on it National Bank and return the license (in case of its registration on specially made form of National Bank) within five calendar days from acceptance date of such decision.

10. The legal entity shall stop provision to banks of services in collection no later than the next working day after receipt of the notification of National Bank on cancellation (action suspension) of the license.

II. Conditions under which the legal entity has the right to obtain the license and to perform activities for provision to banks of services in collection

11. The National Bank provides the license to the legal entity on condition of observance of the following requirements by it:

1) availability and compliance to requirements of the legislation of Ukraine and regulatory legal acts of National Bank concerning the cash address, the approved internal documents (provision, the instruction, the rule) the legal entity which determine structure of the legal entity functions of division on provision to banks of services in collection and employees of this division and establish procedure for provision to banks of services in collection;

2) availability at the legal entity of division for provision to banks of services in collection of the room, operational motor transport, the equipment and observance by the legal entity of requirements for ensuring safety of cash, providing workers with the equipment and other means provided in the Section IV of this provision;

3) compliance of financial condition of the legal entity to requirements of the Section V of this provision;

4) compliance of the legal entity, his heads, owners of essential participation in it and the division manager of collection to the requirements to goodwill determined in the Section VI of this provision;

5) compliance of structure of property of the legal entity to requirements of the Section VII of this provision.

12. The legal entity who during provision to banks of services in collection intends to use the commercial name, the trademark (sign for goods and services) which are not containing the name of the legal entity shall at least in 15 working days prior to work in writing notify National Bank on their use and provide information about such trademark (trade name).

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