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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 21, 2022 No. 128

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

According to Articles 7, of 15, of 33, "About the National Bank of Ukraine", for the purpose of ensuring implementation of requirements of the Law of Ukraine "About payment services", enhancements of the organization of cash work by banks and carrying out payment transactions by payment service providers the Board of the National Bank of Ukraine decides 56 Laws of Ukraine:

1. Bring in the resolution of Board of the National Bank of Ukraine of September 25, 2018 No. 103 "About approval of the Instruction about conducting cash transactions by banks in Ukraine" (with changes) the following changes:

Heading to state 1) in the following edition:

"About approval of the Instruction about procedure for the organization of cash work by banks and carrying out payment transactions by payment service providers in Ukraine";

Item 1 to state 2) in the following edition:

"1. Approve the Instruction about procedure for the organization of cash work by banks and carrying out payment transactions by payment service providers in Ukraine which is applied.".

2. Approve Changes in the Instruction about conducting cash transactions by banks in Ukraine approved by the resolution of Board of the National Bank of Ukraine of September 25, 2018 No. 103 (with changes) which are applied.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

4. The resolution becomes effective from the date of enforcement of the Law of Ukraine "About payment services".

Chairman 

K. Shevchenko

Approved by the Resolution of Board of the National Bank of Ukraine of June 21, 2022 No. 128

Changes in the Instruction about conducting cash transactions by banks in Ukraine

1. State heading in the following edition:

"The instruction about procedure for the organization of cash work by banks and carrying out payment transactions by payment service providers in Ukraine".

2. In the Section I:

1) in Item 1:

shall be replaced with words the words "" about payment systems and money transfer in Ukraine "" ""About payment services" (further - the Law on services)";

after the word and figures of "year No. 134" to add Item with words "(with changes)";

Item 2 to state 2) in the following edition:

"2. This Instruction:

1) is established by procedure and requirements of carrying out by payment service providers [except the National Bank of Ukraine (further - National Bank) and public authorities, local government bodies] and commercial agents of cash transactions in national and foreign currencies and execution of cash documents on payment transactions;

2) regulates relations of banks, the legal entities who obtained the license of the National Bank of Ukraine for provision to banks of services in collection and approval of National Bank on implementation of transactions on processing and storage of cash (further - the collector company);

3) establishes requirements of processing by National Bank, banks, collector companies of banknotes (coins);

4) is established by procedure for delivery and obtaining by banks, collector companies of cash of national currency in National Bank;

5) is established by procedure for issue (acceptance) by banks, collector companies of banknotes in cartridges, and also exchange of banks of the banknotes of national currency painted by special solution owing to unauthorized intervention in the special device for storage of values or banknotes which have characteristic planimetric coloring that can be consequence of operation of the special device for storage of values (further - the banknotes painted by special solution);

6) establishes requirements for execution of cash documents by banks of transactions for movement/transfer between banks, acceptance/issue of bank metals by banks in operational cash desks.

Requirements of this Instruction for implementation of payment transactions in cash form through Items of provision of financial services and using payment devices, and also on execution of cash documents on payment transactions extend to payment service providers.

The collector companies shall fulfill requirements of this Instruction for implementation of processing of banknotes (coins) of national currency and in operating time with cartridges which are accepted by National Bank, and also withdrawals from turnover and transfer for research of doubtful banknotes (coins), work with intentionally the banknotes of national currency damaged for the purpose of making of criminal offense (further - intentionally the damaged banknotes) damaged during action of extraordinary operating mode with banknotes of national currency (further - the damaged national currency) and the banknotes which are painted over by special solution.";

3) undressed after Item 2-1 to add with two new Items 2-2, 2-3 of the following content:

"2-2. The payment service provider renders payment services to users according to the procedure, provided by the Law on services, and shall observe requirements for execution of cash documents and carrying out payment transactions which are determined in the Section VI of this Instruction.

2-3. The bank / payment organization / issuer of electronic money has the right to involve commercial agents according to the regulatory legal act of National Bank concerning involvement of commercial agents to provision of financial payment services (further - commercial agents).

The commercial agent has the right to provide the services by means of payment devices and Items of rendering financial services.

The commercial agent shall fulfill requirements for implementation of transactions for acceptance of cash through Items of provision of financial services and using payment devices, and also on implementation of payment transactions according to the requirements established in the Section VI of this Instruction.";

4) in item 4:

in the second offer of the subitem 1 of the letter "PTKS" shall be replaced with words also the letters "self-service software and hardware complex (further-PTKS)";

to add Item after subitem 8 with new subitem 8-1 of the following content:

"8-1) agreement on provision of payment services - the agreement which is signed between the payment service provider and the user in writing (electronic/paper) according to requirements of the legislation of Ukraine, on the conditions approved by the parties. The agreement on provision of payment services can be signed by accession to the agreement on provision of payment services which is placed in the place available for this purpose and on the website of the payment service provider on the Internet or in paper form;";

state subitem 14 in the following edition:

"14) the cash document - the electronic/paper document which is processed for implementation of cash/payment transaction (further - the cash document). The cash document can be: paper for the payment service provider and the user, electronic for the payment service provider and paper for the user, electronic for the payment service provider and the user;";

in subitem 15 of the word "transactions on issue of cash, its acceptance," shall be replaced with words "payment transactions, transactions of bank with";

to add Item after subitem 15 with new subitem 15-1 of the following content:

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