RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 1, 2019 No. 56

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

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning assistance to attraction of foreign investments" of May 15, 2018 No. 2418-VIII, to the Law of Ukraine "About currency and currency transactions" and for the purpose of enhancement of procedure for opening and closing of customer accounts of banks, opening and closing of correspondent accounts of resident banks and nonresidents the Board of the National Bank of Ukraine DECIDES:

1. Bring in the resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492 "About approval of the Instruction about procedure for opening, use and closing of accounts in national and foreign currencies", registered in the Ministry of Justice of Ukraine on December 17, 2003 for No. 1172/8493 (with changes), such changes:

The name of the resolution to state 1) in the following edition:

"About approval of the Instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents";

Item 1 to state 2) in the following edition:

"1. Approve the Instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents it (is applied).".

2. Make changes to the Instruction about procedure for opening, use and closing of accounts in national and foreign currencies, approved by the resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492, registered in the Ministry of Justice of Ukraine on December 17, 2003 for No. 1172/8493 (with changes) (further - the Instruction), having been reworded as follows it which is applied.

3. For the period of action of the Instruction other regulatory legal acts of the National Bank of Ukraine are effective in the part which is not contradicting the Instruction.

4. To department of payment systems and innovative technologies (Alexander Yablunivsky) after official publication to inform banks information on adoption of this resolution.

5. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Sergey Holod.

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

It is approved: The chairman of the National agency concerning prevention of corruption

A. Mangul

Chairman of Central Election Commission

T. Slipachuk

Minister of Finance of Ukraine

A. Markarova

Chairman of Public service of financial monitoring of Ukraine

I.Cherkassky

Acting as Chairman of the Public fiscal service of Ukraine

A. Vlasov

Approved by the Resolution of Board of the National Bank of Ukraine of November 12, 2003 No. 492

(in edition of the Resolution of Board of the National Bank of Ukraine of April 1, 2019 No. 56)

The instruction about procedure for opening and closing of customer accounts of banks and correspondent accounts of resident banks and nonresidents

I. General provisions

1. This Instruction is developed according to the Laws of Ukraine "About banks and banking activity", "About payment systems and money transfer in Ukraine", "About currency and currency transactions", other legislation of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

2. The instruction regulates:

1) procedure for opening and closing with banks, their separate divisions which perform banking activity from bank name, and branches of foreign banks in Ukraine (further - banks) the current, supplementary (deposit) accounts, accounts of conditional storage (eskro) of clients of banks;

2) procedure for opening and closing of correspondent accounts with banks to banks (residents and nonresidents), branches of foreign banks;

3) features of implementation of transactions on the separate customer accounts opened according to the laws of Ukraine.

3. In this Instruction terms are used in such value:

1) corresponding bank bank, branch of foreign bank which based on the agreement and according to the procedure, established by National Bank, opens correspondent account in other bank;

2) the isolated division branch, department, representation or other separate division which has no status of the legal entity and performs the activities on behalf of legal resident person;

3) the supplementary (deposit) account accounts which opens bank to the client on contractual basis for storage of money which is transferred by the client of bank to the control for fixed term or without specifying of such term under certain percent (income) and are subject to return to the client according to the legislation of Ukraine and terms of the contract.

Retirement deposit accounts which are opened for physical persons according to the Law of Ukraine "About non-state pension provision" for accumulating of savings on pension payment also belong to supplementary (deposit) accounts;

4) the correspondent account accounts opened by one bank to other bank, branch of foreign bank for implementation of interbank transfers;

5) independent professional activity - participation of physical person in scientific, literary, artistic, art, educational or teaching activities, activities of doctors, private notaries, private contractors, lawyers, arbitration managers (managers of property, managing directors of sanitation, liquidators), auditors, accountants, appraisers, engineers or architects, person occupied with religious (missionary) activities, other similar activities provided that such person is not worker or physical person entrepreneur and uses wage labor no more than four physical persons;

6) the current account accounts which opens bank to the client on contractual basis for storage of money and implementation of settlement and cash transactions by means of payment instruments according to terms of the contract and requirements of the legislation of Ukraine.

The accounts with the special mode of their use opened in the cases provided by the laws of Ukraine or acts of the Cabinet of Ministers of Ukraine also belong to current accounts;

7) representations of legal nonresident persons in Ukraine - the foreign diplomatic, consular, trade, other official missions and organizations of the international organizations using immunity and diplomatic privileges, representative offices of foreign banks, the foreign companies, firms representing the interests of legal nonresident persons in Ukraine;

8) the account of conditional storage (eskro) - the account which opens bank to the client on contractual basis for transfer of funds for the account and their transfers / issues of means cash in cases, stipulated by the legislation Ukraine, to person (persons) specified (specified) client (the beneficiary or beneficiaries) or return of such means to the client in case of approach of the bases provided by the agreement;

9) subjects of managing - legal resident persons and physical persons - entrepreneurs;

10) the authorized employee of bank - the employee of bank to whom according to internal documents of bank the obligation is assigned to open accounts for clients.

In this Instruction the terms "resident", "nonresident" are used in the values given in the Law of Ukraine "About currency and currency transactions". Other terms used in this Instruction are applied in the values determined by the legislation of Ukraine.

4. Banks have the right to open current, supplementary (deposit) accounts and accounts of conditional storage (eskro):

1) to residents of Ukraine (legal entities, their separate divisions, physical persons);

2) to nonresidents of Ukraine (to legal entities, representations of legal entities in Ukraine, to the investment funds and the companies on asset management acting on behalf of such investment funds, to physical persons).

Banks have the right to open correspondent accounts for resident banks and nonresidents of Ukraine, branches of foreign banks.

5. Clients have the right to open accounts in any banks of Ukraine according to own choice for ensuring the economic activity, independent professional activity and own requirements.

6. The bank has no right to refuse opening of the account, making of the corresponding transactions on which is provided by the law, constituent documents of bank and the license provided to it, except cases when the bank has no opportunity to accept on bank servicing or if such refusal is allowed by the law or bank rules.

7. Conditions of opening of the account and feature of its functioning are provided in the agreement signed between bank and its client and shall not contradict requirements of this Instruction.

The bank account agreement, bank deposit agreement and the agreement of the account of conditional storage (eskro) consist in writing (paper or electronic).

The bank account agreement and bank deposit agreement can be signed by joining of the client to public offer of the conclusion of the agreement (offer) which is placed in the place, public for the client, in bank and on its official site on the Internet.

The text of the statement for opening of the current account can be specified in bank account agreement between bank and the client in any form, but with preserving the details provided in the corresponding appendices to this Instruction.

The bank shall provide to the client by method, certain bank and the client, including by information, telecommunication, information and telecommunication systems, copy of the agreement which allows to establish date of its conclusion.

The written form of bank deposit agreement is considered observed if introduction of sum of money into the supplementary (deposit) account of the investor is confirmed with bank deposit agreement with issue of the relevant document or savings (deposit) certificate.

8. In bank deposit agreement are surely specified:

1) type of bank deposit;

2) the amount which is brought or transferred into the supplementary (deposit) account;

3) storage duration of means (according to term deposit);

4) size and payment procedure of percent or income in other form, conditions of review of their size, responsibility of the parties;

5) conditions of early agreement cancelation;

6) other conditions as agreed by the parties.

9. The list of persons who according to the legislation of Ukraine have the right to dispose of customer account of bank and the documents confirming powers of these persons move / go to bank in paper/electronic form (means of information, telecommunication, information and telecommunication systems) according to the procedure, determined by internal documents of bank.

The updated list of managers the account and the documents confirming them powers in case of change or amendment of persons who according to the legislation of Ukraine have the right to dispose of customer account of bank moves/goes to bank.

Account transactions of clients of physical persons are performed according to the order of the owner or according to its order based on the power of attorney (the copy of the power of attorney) certified notarially, and in the cases determined by the legislation of Ukraine - other representatives on it by persons. The power of attorney can be certified by the authorized employee of bank if it is constituted in bank (in the presence of the account holder and authorized representatives). Such power of attorney of additional certification does not require.

10. The bank creates case on legal execution of the account of documents which are required this Instruction from the client when opening accounts. The bank establishes procedure for document storage in case on legal execution of the account independently according to its internal documents.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info