of May 14, 2020 No. 62
About modification of some regulatory legal acts of the National Bank of Ukraine
According to Articles 7, 15 and 56 Laws of Ukraine "About the National Bank of Ukraine", to articles 54 and 55 of the Law of Ukraine "About banks and banking activity", article 11 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of improvement of informing clients by banks - physical persons of rather banking and other financial services by distribution of the advertizing Board of the National Bank of Ukraine DECIDES:
1. Bring in the resolution of Board of the National Bank of Ukraine of November 28, 2019 No. 141 "About approval of the Regulations on information support of clients of rather banking and other financial services by banks" (with changes) the following changes:
Item 2 to exclude 1);
Item 5 to state 2) in the following edition:
"5. The resolution becomes effective since September 1, 2020.".
2. Approve Changes in the Regulations on information support of clients of rather banking and other financial services by banks approved by the resolution of Board of the National Bank of Ukraine of November 28, 2019 No. 141, which are applied.
3. To management of consumer protection of financial services (Olga Lobaychuk) after official publication to inform banks information on adoption of this resolution.
4. To impose control over the implementation of this resolution on the Chairman of the National Bank of Ukraine Yakov Smoliya.
5. The resolution becomes effective from the date of, its official publication following behind day, except Item 2 of this resolution which becomes effective since September 2, 2020.
Chairman
Ya. Smoly
Approved by the Resolution of Board of the National Bank of Ukraine of May 14, 2020 No. 62
1. In the Section I:
1) in Item 3:
state subitem 2 in the following edition:
"2) the essential characteristic of banking service - the data and/or data on banking service determined by this Provision and internal documents of bank;";
in subitem 3 of the word of "banking service" shall be replaced with words "from service in provision of consumer loan and attraction by bank in deposits (deposits) of means and bank metals";
state subitem 7 in the following edition:
"7) packet of banking services - the offer of bank to acquire together two or more separate banking services which can be acquired separately;";
2) in Item 6 of the word "advertizing and consumer crediting" shall be replaced with words "advertizing, consumer crediting and on regulation of activities for provision of financial services";
3) undressed after Item 7 to add with new Item 7-1 of the following content:
"7-1. The National Bank applies the professional judgment in case of determination of the fact that the incomplete or distorted information on activities of bank in the field of banking services is such which enters or can mislead the client concerning decision making about acquisition of banking service.";
Item 8 to state 4) in the following edition:
"8. The bank in case of use of information of the third parties [results of researches, ratings, classifications or other similar data in sense (further - researches)] provides to the client the following information: surname, name, middle name or the name of person which executed research, date of research, information on the name of the edition in which results of research are published (in the presence).";
Item 9 to state 5) in the following edition:
"9. The bank when informing the client on own website about service in provision of consumer loan or attraction of bank deposit (deposit) warns about possible effects for the client in case of use of this banking service.
The bank has the right at discretion to use the warning of possible effects for the client in case of use of banking service in advertizing.";
6) in Item 10:
the words "banking services" shall be replaced with words "services in provision of consumer loan or attraction of bank deposit (deposit)";
add Item with the new paragraph of such content:
"The bank places information on two and more other banking services of one type nearby, having specified identical method of condition of provision of these services.";
7) in Item 11:
in subitem 3 of the word "all banking services entering packet" shall be replaced with words "services in provision of the consumer credit / to attraction of bank deposit (deposit) in case of inclusion of these services in packet";
in subitem 6 to replace the word "reference" with the word "hyperlink";
8) in Item 12:
word in paragraph one", provided by this Provision," to exclude;
in the paragraph the second the words "or allocation of the text of the prevention in color which differs from color of the text of informing the client on other conditions" to exclude;
in paragraph three of the word and figures "font of Times New Roman, font of 12 printing Items in size" shall be replaced with words "the font and which size are identical to font and font size of the text of informing the client on service provision conditions";
the fourth to exclude the paragraph;
Paragraphs the first - third Item 13 to replace 9) with one paragraph of such content:
"13. The bank uses notes for refining of information which is provided to them during informing the client. The font, color and font size of note shall be identical to font, color and font size of the text of informing the client on service provision conditions.".
With respect thereto the fourth to consider the paragraph the paragraph the second;
To state 10 Item 14 in the following edition:
"14. The bank places information on such essential characteristics of service in advertizing of service in provision of consumer loan:
1) maximum amount / limit of the credit, hryvnias;
2) term of crediting, days/months/years;
3) real annual interest rate of annual interest rates.";
11) undressed after Item 14 to add with two new Items 14-1 and 14-2 of the following content:
"14-1. The bank places information on such essential characteristics of service in advertizing of service of attraction of bank deposit (deposit):
1) interest rate, annual interest rates;
2) deposit term (deposit), days/months/years;
3) minimum amount of contribution (deposit), hryvnias;
4) currency of contribution (deposit), hryvnia / foreign currency / bank metals.
14-2. The list of essential characteristics of other banking services for placement in advertizing is determined by bank independently taking into account requirements of this provision and the legislation of Ukraine on advertizing.";
Item 15 to state 12) in the following edition:
"15. The bank provides information to the client during use of banking services according to the account of financial asset according to the procedure and on the conditions provided by the relevant agreement which surely includes condition about informing the client by sending the notification to the channel specified by the client for communications (SMS informing, messenger, e-mail, Internet banking) relatively:
1) dates, account balance of accounting of financial asset and the amount of the established credit (in the presence) for this date;
2) the amounts of making of account transaction of accounting of financial asset with indication of separately amount of used credit (in the presence).";
13) undressed after Item 15 to add with new Item 15-1 of the following content:
"15-1. The bank notifies the client on the size of granted loan (the overdraft, credit line) or its change. The notification includes date and the amount of such credit.".
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