RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of February 2, 2022 No. 11

About approval of Changes in Regulations on licensing procedure on money transfer in national currency without opening of accounts

According to Articles 7, of 15, 55-1, 56  of the Law of Ukraine "About the National Bank of Ukraine", to Articles 5, of 7, of 21, 28 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of unification of order of registration and licensing of non-bank financial institutions and faces which are not financial institutions, but have the right to provide separate financial services, regulation and of which exercises supervision the National Bank of Ukraine, the Board of the National Bank of Ukraine DECIDES:

1. Approve Changes in the Regulations on licensing procedure on money transfer in national currency without opening of accounts approved by the resolution of Board of the National Bank of Ukraine of August 17, 2017 No. 80 (in edition of the resolution of Board of the National Bank of Ukraine of December 24, 2020 No. 168) (with changes) which are applied.

2. The National Bank of Ukraine considers the document packages provided for receipt of the license for money transfer in national currency without opening of accounts before entry into force of this resolution according to requirements and according to the procedure, stipulated by the legislation Ukraine, acting before entry into force of this resolution and the Regulations on licensing and registration of suppliers of financial services and conditions of implementation by them of activities for provision of financial services approved by the resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153.

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

Approved by the Resolution of Board of the National Bank of Ukraine of February 2, 2022 No. 11

Changes in Regulations on licensing procedure on money transfer in national currency without opening of accounts

1. In the Section I:

1) in item 4:

2, 3 to exclude subitems;

state subitem 7 in the following edition:

"7) the head on licensing - the head of the structural unit of the National Bank responsible for licensing of suppliers of financial services, his deputy, the division manager as a part of the specified structural division of National Bank, his deputy or person fulfilling them duties;";

in subitem 16 of the word "Register of Financial Institutions" shall be replaced with words "The state register of financial institutions (further - the Register of financial institutions)";

in subitem 17 of the word "and concerning which in the Register of operators there is information on rendering services in postal order to them" to exclude;

state subitem 22 in the following edition:

"22) structural divisions - separate divisions (Items of rendering financial services, cash desks, branches, departments, other divisions) of the applicant / non-bank financial institution or objects of mail service and other divisions of the operator of mail service in which it is planned to perform / provision of financial service in money transfer is performed;";

In paragraph five of Item 7 of the word of "return by National Bank of documents for completion" shall be replaced with words 2) "leaving by National Bank of the statement for licensing without consideration";

 Item 8 to state 3) in the following edition:

"8. The operator of mail service shall no later than the next working day from the date of the termination of provision of services of mail service or exception of the Register of operators of information on the operator of mail service to stop rendering services in money transfer, and in writing to notify on it National Bank.".

2. In the Section II:

1) in Item 10:

to add Item after subitem 1 with new subitem 1-1 of the following content:

"The applicant of the authorized capital has 1-1) availabilities in the amount of, established in Items 30 - 31 Section IV of this provision, and created according to requirements of the Law of Ukraine "About financial services and state regulation of the markets of financial services;";

state subitem 4 in the following edition:

"4) was not within the year preceding the date of receipt of document package, the corrective actions applied to the applicant for violations of requirements of regulatory legal acts of National Bank, the legislation of Ukraine concerning regulation of the markets of financial services (only for non-bank financial institutions), in the field of provision of services of mail service regarding postal order (only for operators of mail service), in the field of prevention and counteraction of legalization (washing) of income gained in the criminal way or to financing of terrorism, the foreign exchange legislation which were not executed before the date of receipt of document package;";

replace subitem 6 with three new subitems 6 - 6-2 following of content:

"6) compliance of the applicant, his heads, key participants, owners of essential participation in it, the chief accountant, key persons to the requirements to goodwill determined in the Section V of this provision;

6-1) professional suitability of heads, the chief accountant, key faces of the applicant conform to requirements of this provision and Regulations on licensing and registration of suppliers of financial services and conditions of the implementation by them of activities for provision of financial services approved by the resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153 (further - Regulations on licensing and registration of suppliers of financial services);

6-2) compliance of the ranking officer of the applicant for carrying out financial monitoring (further - the ranking officer) to requirements to goodwill and the professional suitability determined in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" and Regulations on the implementation of financial monitoring by organizations approved by the resolution of Board of the National Bank of Ukraine of July 28, 2020 No. 107 (with changes);";

add Item with the new subitem of the following content:

"9) financial/property condition of participants who performed deposits to the authorized (share) capital of the applicant (irrespective of its size) and all owners of essential participation in the applicant legislations, including requirements of the Regulations on licensing and registration of suppliers of financial services conform to requirements.";

2) undressed after Item 14 to add with new Item 14-1 of the following content:

"14-1. The non-bank organization during all effective period of the license shall adhere to requirements to:

1) to corporate management system of suppliers of the financial services provided in Chapter 16 of the Section II of Provisions on licensing and registration of suppliers of financial services;

2) to heads, chief accountants and key persons of non-bank organization, provided in the Section V of this provision and Chapter 17 of the Section II of Provisions on licensing and registration of suppliers of financial services;

3) to the ranking officer, the income established by the Law of Ukraine "About prevention and counteraction of legalization (washing) gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" and the Regulations on licensing and registration of suppliers of financial services approved by the resolution of Board of the National Bank of Ukraine of July 28, 2020 No. 107 (with changes);

4) to management of conflict of interest in non-bank organization, provided in Chapter 18 of the Section II of Provisions on licensing and registration of suppliers of financial services;

5) to combination of the positions in non-bank organization provided by Chapter 19 of the Section II of Provisions on licensing and registration of suppliers of financial services;

6) to opening of the separate divisions of non-bank financial institution in the territory of Ukraine provided in Chapter 20 of the Section II of Provisions on licensing and registration of suppliers of financial services.";

 Item 15 to state 3) in the following edition:

"15. The non-bank organization shall observe during all effective period of the license requirements of the legislation of Ukraine, including requirements of this provision and the regulatory legal act of National Bank which establishes requirements to structure of property of suppliers of financial services, rules of payment systems which participant it is, the conditions approved by National Bank and procedure for provision by non-bank organization of services in money transfer, and also to carry out orders, decisions of National Bank on elimination of the revealed violations of the requirements provided by this Provision, other regulatory legal acts of National Bank concerning regulation of the markets of financial services to provide upon the demand of National Bank information, documents and the reporting in the time established by National Bank.".

3. In the Section III:

1) in Item 18:

in subitem 3 of the word "three years of activities" shall be replaced with words "the current year (since the beginning of the quarter following in what he moves in National Bank) and the next three years";

to add the subitem 7 after the paragraph of third with the new paragraph the fourth the following content:

"as of any date of quarter in which the National Bank received document package for receipt of the license (if state registration of the applicant as the legal entity was carried out in that reporting quarter in which the applicant addresses to National Bank for receipt of the license).".

With respect thereto the fourth - the seventh to consider paragraphs respectively paragraphs the fifth - the eighth;

8, of 14, 15 to state subitems in the following edition:

"8) the audit report prepared by subject of auditor activities which has the right to book statutory audit of the financial reporting of non-bank financial institutions, about confirmation of reliability and completeness of the financial reporting determined in the subitem 7 of Item 18 of the Section III of this provision and information of such subject of auditor activities on confirmation:

sufficiency of its financial condition for implementation of activities for money transfer according to the business plan; and

availability at least 50 percent of the income of the operator of mail service for the previous accounting year on the last reporting date from activities in the field of provision of services of mail service with information on structure of this income;";

"14) the documents confirming compliance of the head, chief accountant, key person, ranking officer of the applicant to requirements to goodwill and professional suitability namely:

the copy of the document on position assignment (it is not represented concerning the candidate for position of the ranking officer of the operator of mail service);

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