of July 9, 2021 No. 78
About approval of the Regulations on application of corrective actions by the National Bank of Ukraine for violations of the consumer protection law of financial services by the collection companies
According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", article 41-1 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", to Articles 5, of 26, 28 Laws of Ukraine "About consumer crediting", to the Law of Ukraine of March 19, 2021 No. 1349-IX "About introduction of amendments to some laws of Ukraine concerning consumer protection in case of settlement of overdue debt", for the purpose of settlement of procedure for application of corrective actions for violations of the consumer protection law of financial services by the collection companies regarding the requirements for interaction established by the legislation with consumers in case of settlement of overdue debt (the requirement of rather ethical behavior) the Board of the National Bank of Ukraine DECIDES:
1. Approve Regulations on application of corrective actions by the National Bank of Ukraine for violations of the consumer protection law of financial services by the collection companies which is attached.
2. The resolution becomes effective since July 14, 2021.
Acting as Chairman
Yu.Gelety
Approved by the Resolution of Board of the National Bank of Ukraine of July 9, 2021 No. 78
1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About financial services and state regulation of the markets of financial services" (further - the Financial services act), "About consumer crediting" (further - the Law on consumer crediting), other legal acts of Ukraine.
2. This Provision determines procedure for application by the National Bank of Ukraine (further - National Bank) corrective actions for violations by the collection companies which are not financial institutions (further - the collection company), of the requirements established by the legislation of Ukraine concerning interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) (further - the legislation by settlement of overdue debt).
3. The terms used in this Provision are used in such values:
1) the document in which violations are fixed, - the document constituted by results of implementation in the procedure for supervision of observance by the collection company of the requirements for interaction established by the legislation established by National Bank with consumers in case of settlement of overdue debt (requirements of rather ethical behavior);
2) the actions plan for violation elimination - the document which is constituted by the collection company and contains terms of accomplishment and the list of measures which such company for elimination of violations and/or taking measures for non-admission of such violations of the law about consumer protection in further activities shall accept;
3) systematic violation of the law of Ukraine - making of two or more violations of the same regulation of the consumer protection law by the collection company (further - similar violation) within year after application to such collection company of corrective action for similar violation;
4) the continuing violation - violation in case of which the collection company after making of violation does not stop to perform it;
5) authorized officer of National Bank - The chairman of National Bank, vice-chairmen of National Bank, the head of the structural unit of National Bank to which functions supervision of compliance with law of Ukraine about consumer protection of financial services belongs and about advertizing in the field of financial services (further - structural division on consumer protection), the head of the structural unit of National Bank to which functions registration of the collection companies belongs (further - structural division on registration), the deputy manager of structural division on consumer protection, the deputy manager of structural division on registration, the chief of the department as a part of structural division on the registration or faces fulfilling them duties.
The term "consumer" is used in value of the Law on consumer crediting. Other terms used in this Provision are used in the values determined in the Laws of Ukraine "About the National Bank of Ukraine", the Financial services act, the Law on consumer crediting.
4. The National Bank during decision making about application of corrective actions in case of violation of the law about consumer protection within the powers has the right to apply to the collection company of corrective action, provided in Items 1 - 4 parts one of article 28 of the Law on consumer crediting.
5. The National Bank for violations in activities of separate division of the collection company applies corrective actions to the legal entity - the collection company according to the procedure, provided by this Provision.
6. The National Bank applies corrective actions for violation of the legislation by the collection company on settlement of overdue debt, including the requirements of the regulatory legal acts of National Bank accepted according to the Law on consumer crediting on settlement of overdue debt, based on results of supervision of observance by the collection company established by the legislation of requirements for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior).
7. The National Bank chooses and applies the corrective actions provided in part one of article 28 of the Law on consumer crediting to the collection company for violation of the law on settlement of overdue debt with observance of requirements of the paragraph of the seventh of part one of article 28 of the Law on consumer crediting, adequate to committed violation.
8. The decision on application to the collection company of corrective actions for violations of the law on settlement of overdue debt (further - the decision on application of corrective action) makes Board of National Bank (further - Board). The board has the right to delegate powers on application of these corrective actions to Committee on questions of supervision and regulation of activities of the markets of non-bank financial services (further - Committee on questions of supervision).
9. The decision on application of corrective action shall contain:
1) content (name) of corrective action which is applied to the collection company;
2) data on the collection company: full name of the legal entity, the location, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine;
3) details of the document in which violations are fixed;
4) the description of violation (with indication of legislation regulations on settlement of overdue debt which are broken), information on committed actions (failure to act) of the collection company which led to violation;
5) date of the introduction of the decision in force.
10. The list of the additional information which shall contain surely in the decision on application of certain corrective action is determined in Item 22 of the Section IV, Item 39 of the Section V, Item 42 of the Section VI of this provision.
11. National Bank within three working days from the date of decision making about application of corrective action:
1) publishes information on the made decision on the page of official Internet representative office of National Bank;
2) notifies on the made decision the collection company by sending:
decisions on application of corrective action - on the e-mail address of the collection company specified in the register of the collection companies (further - the e-mail address), together with the cover letter signed by the qualified digital signature (further - the CAP) the authorized officer of National Bank;
the paper copy of the decision on application of the corrective action certified in accordance with the established procedure - to the address of the location of the collection company specified in the register of the collection companies (further - the location), the registered mail with the assurance of receipt together with the copy of the cover letter certified in accordance with the established procedure.
12 The collection company is considered properly informed on the made decision on application of corrective action to the collection company on condition of accomplishment by National Bank of all actions determined in Item 11 of the Section III of this provision.
13. The National Bank invites the head (representative) of the collection company in case of consideration by Board/committee on questions of supervision of question of application of corrective action for participation in meeting for the purpose of provision of explanations and/or objections concerning the allowed violations.
The invited person has the right to participate in meeting personally or remotely by means of means audio-/video conference. The specific method of participation in meeting of the invited person is determined by National Bank in the corresponding invitation.
The invitation is sent not later than five working days before date of meeting of Board/committee on questions of supervision on the e-mail address or in paper form on the location of the collection company.
The collection company for participation in meeting of Board/committee on questions of supervision provides to National Bank information on series (in the presence) and passport number, surname, name, middle name of the head (representative) of the collection company (further - persons this for identification), and also the copy of the power of attorney (if part in meeting is taken by the representative) according to the procedure, specified in the invitation of National Bank.
The head (representative) of the collection company invited for participation in Board/committee on questions of supervision which did not undergo identification according to the paragraph to the fourth Item 13 of the Section III of this provision and also in the case determined in the subitem 2 of Item 14 of the Section III of this provision is not allowed to participation in meeting of Board/committee on questions of supervision.
14. Is not the basis for adjournment of consideration by Board/committee on questions of supervision of question of application of corrective actions to the collection company:
1) failure to provide data by the collection company for identification of person according to the paragraph to the fourth Item 13 of the Section III of this provision;
2) establishment by National Bank based on the passport shown by person or the power of attorney (if part in meeting is taken by the representative) discrepancies of person which arrived for participation / participates remotely in meeting of Board/committee on the questions of supervision this for identification of the personality, provided according to the paragraph to the fourth Item 13 of the Section III of this provision;
3) absence (absence or rejection of participation remotely) the invited person during consideration by Board/committee on questions of supervision of question of application of corrective action to the collection company.
15. The National Bank applies corrective actions within six months from the date of violation detection, but no later than in one year from the date of violation of the legislation by the collection company concerning settlement of overdue debt.
For the lasting violation day of violation is every day during which violation continues.
16. Application of corrective actions to the collection company on settlement of overdue debt does not exempt for violation of the law from the administrative responsibility of violations of officials of the collection company, guilty of making.
17. The decision on application of corrective action to the collection company can be appealed judicially according to the legislation of Ukraine.
18. The National Bank exercises control of elimination of violations by the collection company in its activities, execution of decisions on the application of corrective actions according to the procedure established by this Provision and other regulatory legal acts of National Bank concerning supervision of compliance with law on interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior).
19. The collection company represents/provides to National Bank of documents/copy documents/information, 2 Items determined in Item 23, the subitem 25, Items 27, of 28, of the 30th Section IV, Item 40 of the Section V, Item 45 of the Section VI of this provision one of the following methods:
1) in electronic form with imposing the CAP the electronic message on mailbox of National Bank - nbu@bank.gov.ua;
2) in paper form with simultaneous obligatory submission of electronic copies of these documents without imposing the CAP on USB flash drives. Electronic copies of documents are created by scanning of the document in paper form taking into account the following requirements:
the document is scanned in the file of the PDF format;
the scanned copy of each document is stored as the separate file;
the file shall have the short name Latin letters which reflects content and details of the document;
the documents containing more than one page are scanned in one file;
permission of scanning shall be not lower than 300 dpi.
Copies of documents which are transferred by the collection company to National Bank in paper form shall be proper quality (font size which gives the chance to read all data specified in them), dates of assurance and putting down of text "According to the original" are certified by the signature of the head / the authorized person of the collection company with indication of his / her position, initials (name initial) and surname.
The documents certified by the authorized signature of the collection company shall be followed by the copy of the power of attorney or other document confirming powers of such representative on assurance of documents.
Pages (sheets) of the copy of the document which is transferred by the collection company to National Bank in paper form and consists of two and more pages (sheets), shall be numbered, stitched and on the back the last leaf in the place of fastening of threads paper of 50 x 50 millimeters in size is pasted and on it the text is specified: "It is numbered and stitched... l." (the number of sheets in figures and words is specified) and the mark about assurance of the copy of the document according to the procedure, certain in paragraph nine of Item 19 of the Section III of this provision is put down. On the face in the upper right corner of the first leaf of the copy of the document the mark "Copy" is put down.
20. The National Bank in case of identification of violation (violations) of the legislation by the collection company concerning settlement of overdue debt and in need of promotion of the requirement about elimination of this violation and/or taking measures to its non-admission in further activities has the right to apply such corrective action as the direction of written caution according to Item of 1 part one of article 28 of the Law on consumer crediting to the collection company.
21. The decision on application of corrective action to the collection company in the form of written caution according to Item of 1 part one of article 28 of the Law on consumer crediting (further - written caution) accepts Board/committee on questions of supervision.
22. The written caution shall contain information specified in Item 9 of the Section III of this provision and also:
1) the requirement to eliminate the revealed violations and/or to take measures for non-admission of similar violations in further activities;
2) the term established by National Bank for acceptance of measures by the collection company for elimination of the revealed violations and/or taking measures for non-admission of similar violations in further activities (further - completion date of requirement/taking measures).
23. The collection company shall submit to National Bank the actions plan for elimination of violations/violations and taking measures for its non-admission in further activities within seven working days from the date of receipt of the copy of the decision on written caution if in such decision the National Bank established term for execution of the requirement which constitutes 60 calendar days or more.
24. The National Bank within ten working days of the date of receipt of the actions plan for elimination of violation has the right to send the collection company the letter signed by the authorized officer of National Bank with the notes to the actions plan for violation elimination which are obligatory for accounting.
The collection company no later than seven working days from the date of receipt of the letter from National Bank with notes shall finish the actions plan on elimination of violation taking into account the notes provided by National Bank and provide the modifed plan to National Bank.
The National Bank in case of failure to carry out by the collection company of the requirements specified in written caution to eliminate the revealed violations and/or to take measures for non-admission of similar violations in further activities at the scheduled time or the requirements provided in the paragraph the second Item 22 of the Section IV of this provision considers question of application of other corrective action adequate to committed violation, with observance of requirements of the paragraph of the seventh of part one of article 28 of the Law on consumer crediting.
25. The collection company no later than five working days after the expiration of execution of requirement/taking measures determined by written caution shall give to National Bank:
1) performance report of written caution;
2) the documents (the copies of documents certified according to the procedure, established by paragraphs the ninth - the eleventh Item 19 of the Section III of this provision) confirming elimination of violations by the collection company and/or taking measures to non-admission of these violations in further activities.
The collection company to which the National Bank applied corrective action in the form of written caution shall confirm elimination of the violations specified in written caution and/or the measures for non-admission of violations taken by the collection company in further activities by provision to National Bank taking into account paragraph one of Item 25 and Item 26 of the Section IV of this provision of the report on accomplishment of written caution, and also documents/copies of the documents determined in the subitem 2 of Item 25 of the Section IV of this provision, confirming elimination of violations by the collection company and/or the measures for non-admission of these violations taken by it in further activities.
26. The National Bank has the right to establish bigger term in written caution, than is specified in Item 25 of the Section IV of this provision (further - the increased term for the reporting), for representation by the collection company to National Bank of the performance report of written caution and copies of the relevant documents.
The National Bank specifies in written caution of the basis of establishment of the increased term for the reporting.
27. The National Bank within completion date of the requirement has the right to demand from the collection company of provision of information concerning condition of accomplishment of written caution, including provision of information on the forms determined by the written request of National Bank.
The collection company shall provide information concerning condition of accomplishment of written caution in the time established by the written request of National Bank and in the form determined in such request.
28. The National Bank on analysis results of the report on accomplishment of written caution and the provided copies of documents has the right to the written request according to requirements of the legislation of Ukraine to receive further explanations, information/documents/copy of documents from the collection company if provided by the collection company the performance report of written caution and/or copies of documents do not confirm (not completely confirm) elimination of violations and/or taking measures to non-admission of these violations in further activities.
29. The National Bank during the analysis of the report of the collection company on accomplishment of written caution considers the measures taken by the collection company which are not provided in the developed actions plan for violation elimination if the effect of their realization provided achievement of the purposes provided by such plan.
30. The National Bank has the right no later than the last day of term of accomplishment of requirement/taking measures to extend the term of accomplishment of written caution if the collection company submits to National Bank the reasonable petition for prolongation of completion date of written caution together with confirmatory documents / information on impossibility of performance on the reasons which do not depend on such company, written caution in the time established by National Bank; and the petition is submitted to National Bank no later than 10 working days about day of the termination of term of accomplishment of requirement/taking measures established by National Bank.
The decision on prolongation or refusal in prolongation of completion date of written caution accepts Board/committee on questions of supervision. The decision goes the collection company on which such decision is made, according to the procedure, determined in the subitem 2 of Item 11 of the Section III of this provision.
31. The National Bank leaves without consideration the petition of the collection company for prolongation of completion date of written caution in case of submission of the petition by such company after the term specified in paragraph one of Item 30 of the Section IV of this provision.
32. The National Bank no later than the last day of term for accomplishment of requirement/taking measures makes the decision on refusal in prolongation of the completion date of written caution established by National Bank if the collection company does not provide confirmatory documents / information concerning impossibility of accomplishment of written caution to the time established by National Bank for the reasons which are not depending on such company.
The decision on refusal in prolongation of completion date of the decision on written caution goes the collection company on which such decision is made, according to the procedure, determined in the subitem 2 of Item 11 of the Section III of this provision.
33. Corrective action in the form of written caution in case of making of the violation specified in Item 20 of the Section IV of this provision by it is not applied to the collection company if committed violation is systematic violation of the law of Ukraine. The National Bank has the right to consider in this case question of application to the collection company of other corrective action adequate to committed violation, with observance of requirements of the paragraph of the seventh of part one of article 28 of the Law on consumer crediting.
34. National Bank in case of failure to carry out by the collection company of the requirement to eliminate the violation specified in written caution, having the right to consider question of exception of data on the collection company of the register of the collection companies based on Item 10 parts two of article 26 of the Law on the consumer crediting according to the procedure determined by the regulatory legal act of National Bank concerning registration of the collection companies.
35. The National Bank imposes the penalty (penalty) on the collection company for violation of the law on settlement of overdue debt provided in Article 41-1 of the Financial services act.
36. The decision on imposing of penalty (penalty) on the collection company is made by Board/committee on questions of supervision.
37. The National Bank in case of detection of the fact of violation by the collection company of the legislation on settlement of overdue debt no later than 45 calendar days from the date of creation of the document in which violations are fixed prepares the draft decision about imposing of penalty (penalty) on the collection company and submits such draft decision together with the document in which violations, and also explanations (in the presence) of the head or the authorized representative of the collection company to Board for decision making are fixed.
38. The board/committee on questions of supervision makes the decision on imposing on the collection company of penalty (penalty) within the term determined in Item 15 of the Section III of this provision.
39. The decision on imposing of penalty (penalty) in addition to information specified in Item 9 of the Section III of this provision shall contain:
1) the size applied (applied) penalty (penalty);
2) account details on which the amount of penalty (penalty), and the term during which the collection company shall pay penalty (penalty) shall be transferred and notify on it National Bank;
3) the data provided in article 4 of the Law of Ukraine "About enforcement proceeding".
40. The collection company which voluntarily performed the decision on imposing of penalty (penalty) shall give to National Bank according to the procedure, determined in Item 19 of the Section III of this provision, the copy of the documents confirming payment of the amount of penalty (penalty).
41. The decision on temporary ban of the collection company to perform settlement of overdue debt according to Item 3 parts one of article 28 of the Law on consumer crediting (further - the decision on temporary ban) makes Board/committee on questions of supervision.
42. The decision on temporary ban in addition to information specified in Item 9 of the Section III of this provision shall contain the term to which the collection company needs to eliminate violations and to submit to National Bank the report on elimination of violation and certified by such company according to the procedure, established by paragraphs the ninth - the eleventh Item 19 of the Section III of this provision, the copies of documents confirming violation elimination.
43. The collection company from the effective date of the decision on temporary ban and before adoption by National Bank of the decision on cancellation of temporary ban to perform settlement of overdue debt (further - the decision on cancellation of temporary ban) by results of consideration of the documents determined in Item 45 of the Section VI of this provision loses the right to perform settlement of overdue debt under the agreements on settlement of overdue debt signed with loan providers / new creditors.
44. The collection company no later than three working days from the date of entry into force of the decision on temporary ban shall:
To promulgate 1) on the website (websites), in software application (mobile application), used for provision of services by it, data relatively:
dates of entry into force of such decision;
losses by the collection company of the right to perform settlement of overdue debt under the agreements on settlement of overdue debt signed with loan providers / new creditors;
2) in writing to give information specified in the subitem 1 of Item 44 of the Section VI of this provision, to all creditors / to new creditors with whom agreements on settlement of overdue debt which affect the date of entry into force of the decision on temporary ban are signed.
45. The collection company for adoption by National Bank of the decision on cancellation of temporary ban shall give to National Bank:
1) report on violation elimination;
2) the documents (the copies of documents certified according to the procedure, established by paragraphs the ninth - the eleventh Item 19 of the Section III of this provision) confirming elimination of violations.
The National Bank has the right to demand from the collection company of provision of the additional information on elimination of violations for the purpose of determination of possibility of decision making about cancellation of temporary ban.
The collection company to which the National Bank applies corrective action in the form of temporary ban to perform settlement of overdue debt, shall confirm elimination of the violations specified in the decision on temporary ban by provision to National Bank taking into account paragraph one of Item 45 of the Section VI of this provision of the report on violation elimination, and also documents/copies of the documents determined in the subitem 2 of Item 45 of the Section VI of this provision, confirming elimination of violation by the collection company.
46. National Bank in case of elimination of violations by the collection company which were the basis for decision making about temporary ban, and provisions by such company of the documents determined in Item 45 of the Section VI of this provision:
1) makes the decision on cancellation of temporary ban no later than 10 working days from the date of provision by the collection company of the documents determined in Item 45 of the Section VI of this provision [except case of not elimination by the collection company within year after temporary ban on implementation of settlement of overdue debt of violations of requirements of the legislation for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior)];
2) no later than two working days from the date of decision making about cancellation of temporary ban:
publishes information on the made decision on the page of official Internet representative office of National Bank;
notifies the collection company on the made decision according to the procedure determined in the subitem 2 of Item 11 of the Section III of this provision.
47. The right of the collection company to perform settlement of overdue debt under the agreements on settlement of overdue debt signed with loan providers / new creditors renews from the effective date decisions on cancellation of the temporary ban specified in the decision.
48. The National Bank in case of not elimination by the collection company within year after temporary ban on implementation of settlement of overdue debt of violations of requirements of the legislation for interaction with consumers in case of settlement of overdue debt (requirements of rather ethical behavior) considers questions of exception of data on the collection company of the register of the collection companies based on Item 11 parts two of article 26 of the Law on consumer crediting.
The National Bank makes on this collection company the decision on exception of data on the collection company of the register of the collection companies based on Item 10 parts two of article 26 of the Law on the consumer crediting according to the procedure determined by the regulatory legal act of National Bank concerning registration of the collection companies.
49. The decision on application of corrective action by way of exception of data on the collection company from the register of the collection companies according to item 4 of part one of article 28 of the Law on consumer crediting (further - the decision on exception of the register of the collection companies) makes Board/committee on questions of supervision in the case provided in Item 5 parts two of article 26 of the Law on consumer crediting.
50. The collection company from the effective date of the decision on exception of the register of the collection companies loses the right to perform settlement of overdue debt under the agreements on settlement of overdue debt signed with loan providers / new creditors.
51. The collection company no later than three working days from the date of entry into force of the decision on exception of the register of the collection companies shall promulgate on the website (websites), in software application (mobile application), used for provision of services by it, data relatively:
1) dates of entry into force of such decision;
2) losses by the collection company of the right to perform settlement of overdue debt under the agreements on settlement of overdue debt signed with loan providers / new creditors.
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The document ceased to be valid since January 1, 2024 according to Item 2 of the Resolution of Board of the National Bank of Ukraine of December 27, 2023 No. 193