of December 24, 2021 No. 154
About approval of Changes in Regulations on licensing of banks
According to Articles 7, 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 66, 67 Laws of Ukraine "About banks and banking activity", to the Law of Ukraine of June 30, 2021 No. 1587-IX "About modification of some legal acts of Ukraine concerning enhancement of questions of the organization of corporate management in banks and other questions of functioning of bank system", for the purpose of enhancement of procedure for licensing of the Board of the National Bank of Ukraine DECIDES: banks
1. Approve Changes in the Regulations on licensing of banks approved by the resolution of Board of the National Bank of Ukraine of December 22, 2018 No. 149 (with changes) (further - the Provision) which are applied.
2. To provide to banks of Ukraine till February 5, 2022:
1) submission to the National Bank of Ukraine of questionnaires of the persons appointed to positions of the chief risk manager, chief komplayens-manager of bank till August 05, 2021, signed by such persons and bank in the form approved by the administrative act of the National Bank of Ukraine and placed on the page of official Internet representative office of the National Bank of Ukraine for monitoring of compliance of persons appointed to positions of the chief risk manager, chief komplayens-manager of bank, to the qualification requirements determined by the Provision;
2) giving in the National Bank of Ukraine of written assurance of any form of compliance of the chairman, members of council of bank, the chairman, board members of bank and the chief accountant of bank to the requirements concerning combining jobs of positions determined in Articles 39, 42 Laws of Ukraine "About banks and banking activity".
3. To banks of Ukraine which from August 5, 2021 to day of entry into force of this resolution made the decision about appointment of persons to positions of the chief risk manager, the chief komplayens-manager, within one month from the date of entry into force of this resolution to submit to the National Bank of Ukraine documents for review of persons to positions of the chief risk manager, chief komplayens-manager according to requirements of the Provision if these persons were not approved to positions by the National Bank of Ukraine.
4. To banks of Ukraine till July 01, 2022 to provide taking measures to enhancement of activities of council/bank board for the purpose of reduction of the collective validity of council/bank board in compliance to the size of bank, complexity, amounts, types, nature of the transactions performed by bank, organizational structure and profile of risk of bank taking into account features of activities of bank as systemically significant (in the presence of such status) and/or to activities of banking group which part the bank, and provision to the National Bank of Ukraine of information on collective suitability of council/bank board in the form determined by the administrative act of the National Bank of Ukraine and placed on the page of official Internet representative office of the National Bank of Ukraine is.
5. To department of methodology of regulation of activities of banks (Natalya Ivanenko) after official publication to inform banks of Ukraine 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 Yaroslav Matuzka.
7. The resolution becomes effective from the date of, its official publication following behind day.
Chairman
K. Shevchenko
Approved by the Resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 154
1. In the Section I:
1) in Item 2 of Chapter 1:
in subitem 4 of the word" which on position is board member of bank" to exclude;
to add Item after subitem 5 with two new subitems 5-1 and 5-2 of the following content:
"5-1) chief komplayens-manager - the official of bank responsible for control of observance of regulations (комплаенс);
5-2) chief risk manager - the official of bank who is responsible for risk management;";
in subitem 20:
"division managers of internal audit" to add the subitem after words with words ", the chief risk managers and the chief komplayens-managers";
add the subitem with words ", the chief risk managers and the chief komplayens-managers;";
Item 40 of Chapter 3 to state 2) in the following edition:
"40. The National Bank has the right to return the document package provided by the applicant without decision making on this packet in case of discrepancy of the submitted documents to requirements of this provision and/or the legislation of Ukraine and/or if the National Bank according to Item 35 of Chapter 3 of the Section I of this provision provided, but during fixed term the applicant did not consider notes of National Bank.";
Paragraph one, subitems 3, 4 Items 53 of Chapter 4 after the words "permanent", "permanent" to add 3) respectively with words "/temporary", "temporary".
2. In the Section II:
1) in Item 59 of Chapter 5:
state subitem 1 in the following edition:
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