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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of October 5, 2022 No. 214

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

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 44, 66 Laws of Ukraine "About banks and banking activity", to the Law of Ukraine "About providing the rights to real estate units which will be built in the future" for the purpose of enhancement of procedure for determination by banks of Ukraine of the extent of credit risk on active banking activities the Board of the National Bank of Ukraine DECIDES:

1. In item 4 of the resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351 "About approval of the Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities" (with changes) figures and words "265 Tax codes of Ukraine), located (registered) in the territory which after the conclusion of such mortgage agreement was temporarily occupied and which based on the Law on temporarily occupied territories are exempted from obligation of repayment of the main mortgage loan amount and the added percent on them, proceeding from information, Ukraine which is available in bank on the date of entry into force of the Law "About recognition voided the Law of Ukraine "About creation of the free economic zone Crimea and about features of implementation of economic activity in temporarily occupied territory of Ukraine" and modification of some legal acts of Ukraine" to replace with figures and words "266 Tax codes of Ukraine), located (registered) in the territory which after the conclusion of such mortgage agreement was temporarily occupied and which based on the Law on temporarily occupied territories are exempted from obligation of repayment of the main mortgage loan amount and the added percent on them, proceeding from information which is available in bank:

on the date of entry into force of the Law of Ukraine "About recognition voided the Law of Ukraine "About creation of the free economic zone Crimea and about features of implementation of economic activity in temporarily occupied territory of Ukraine" and modification of some legal acts of Ukraine" concerning the territories which are temporarily occupied as of February 24, 2022;

for date of assessment of credit risk, prior date of temporary occupation, concerning the territories which are temporarily occupied after February 24, 2022.".

2. Approve Changes in the Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities approved by the resolution of Board of the National Bank of Ukraine of June 30, 2016 No. 351 (with changes) which are applied.

3. 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.

4. The resolution becomes effective from the date of, its official publication following behind day, except Item 2 of this resolution which becomes effective from the date of entry into force of the Law of Ukraine "About providing the rights to real estate units which will be built in the future".

 

Approved by the Resolution of Board of the National Bank of Ukraine of October 5, 2022 No. 214

Changes in Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities

1. To add Item 5 of the Section I after the paragraph of the seventy second with the new paragraph seventy third the following content:

"The terms "future real estate object", "indivisible object of construction in progress", "divisible object of construction in progress" are used in this Provision in the values determined in article 1 of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future" (further - the Law on guaranteeing the corporeal rights).".

With respect thereto seventy third to consider the paragraph the paragraph the seventy fourth.

2. In the Section X:

1) in Item 107:

to state the paragraph of the eighth of subitem 1 in the following edition:

"in the form of real estate [including indivisible object of construction in progress, divisible object of construction in progress (further - object of construction in progress), future real estate objects], complete property complex, the equipment - provided that they are located in the territory of Ukraine;";

in subitem 2:

in the paragraph the second:

to add the paragraph after words of "real estate" with words "(including objects of construction in progress, future real estate objects)";

"means and" to replace words with the word of "means";

the paragraph the sixth and first offer of the paragraph of "real estate", the sixteenth after words, to add with words "(including objects of construction in progress, future real estate objects)";

in the third offer of paragraph one of subitem 3:

"Items" to replace the word with the word "lines";

the offer after figures "28" to add with figures ", 32, 33";

subitem 4 in paragraph one:

in the third offer:

"Items" to replace the word with the word "lines";

the offer after figures and the words "23 tables of appendix 6 to this Provision/" to add with words and figures "judgments of bank which conforms to requirements of Item 116-2 of the Section X of this provision, - for the property specified in lines 32, 33 tables of appendix 6 to this Provision /";

in the fourth offer:

the offer after words of "real estate" to add with words "(except objects of construction in progress, future real estate objects)";

the offer to add with words "; for objects of construction in progress, future real estate objects - four months";

2) undressed after Item 116-1 to add with new Item 116-2 of the following content:

"116-2. The bank for the purpose of calculation of size of credit risk uses pledge/providing cost based on the right of direct trust in the form of objects of construction in progress, future real estate objects in case of simultaneous observance of the following conditions:

1) requirements of the Law on guaranteeing the corporeal rights extend to object of construction in progress, future real estate object;

2) the customer the construction/developer the construction/managing director of fund of financing of asset construction of construction in progress, future real estate object provides observance of requirements of the Law on guaranteeing the rights;

3) the bank exercises control of condition of schedule performance of construction of object of construction in progress, future real estate object. Such information is staticized by bank at least once in four months;

4) the schedule of construction on object of construction in progress, future real estate object is carried out in time or with delay no more than for 120 calendar days;

The total quantity of days of accounting of project cost of construction in progress, future real estate objects when calculating the extent of credit risk does not exceed 5) 1095 calendar days from the beginning of accomplishment of construction works specified in the Register of construction activities of day for object of construction in progress, future real estate object;

6) the bank in intra bank provisions determined procedure and procedures of work of bank with providing in the form of object of construction in progress of future real estate object which provide respect by bank of the criteria and principles of the acceptability of providing determined by this Provision;

7) the bank with observance of the intra bank provisions specified in the subitem 6 of Item 116-2 of the Section X of this provision creates judgment of compliance of object of construction in progress of future real estate object to requirements of this provision.";

3) in Item 120:

to add Item after the paragraph of the fifth with five new paragraphs the sixth - the tenth the following content:

"The bank for the purpose of calculation of the extent of credit risk for dormant asset, pledge/providing based on the right of direct trust on which is the property determined in lines 32, 33 tables of appendix 6 to this Provision, takes its cost into account:

from 1 day of recognition of asset by the unemployed to 180 days inclusive - in the amount of no more than 100 percent;

from 181 to 270 days inclusive - of no more than 70 percent on condition of availability of documentary confirmed reasonable judgment of probability of realization of providing;

from 271 to 365 days inclusive - of no more than 50 percent, on condition of availability of documentary confirmed reasonable judgment of probability of realization of providing;

of 366 days - 0 percent.".

With respect thereto to consider paragraphs of the sixth, seventh respectively paragraphs the eleventh, twelfth;

in the paragraph the twelfth "pole" to replace the word with the word "eleventh".

3. In appendices to the Provision:

1) in Item 1 of appendix 1:

in subitem 6 of the word of "this Provision" shall be replaced with words "Regulations on determination by banks of Ukraine of the extent of credit risk on active banking activities (further - the Provision)";

state subitem 9 in the following edition:

"9) procedures and procedures for work of bank with pledge/providing based on the right of direct trust, in particular:

procedure of the legal analysis of documents in case of the conclusion of the agreement of pledge/providing based on the right of direct trust on the credit for the purpose of legal reasons for the rights as pawnbroker;

the procedure of insurance of subject of pledge/providing based on the right of direct trust;

procedure for determination of market value of objects of guarantee of providing based on the right of direct trust and implementation of its revaluation [for assessment which is performed by the appraiser of property - the employee of bank which has the certificate of competency of the appraiser procedures of carrying out assessment by it (revaluations, review of cost), the applied assessment techniques, content and form of the internal document on property assessment] are determined;

procedures and methods of verification of presence and quality of objects of pledge/providing based on the right of direct trust, registration of results of check depending on their type;

procedures of realization of providing;

procedure and procedures of work of bank with providing in the form of object of construction in progress of future real estate object which provide respect by bank of the criteria and principles of the acceptability of providing established by the Provision including the analysis of timeliness of schedule performance of asset construction;

procedure and procedures of forming by bank of judgment of providing compliance in the form of object of construction in progress, future real estate object to the requirements established by the Provision;";

2) in the table of appendix 6:

13, of 15, 18 to add column of 2 lines with the words "and registered in the State register of the corporeal rights to real estate as the real estate unit";

add the table with two new lines of the following content:

"

1	2	3	4
32	Indivisible object of construction in progress, future real estate object concerning which in the State register of the corporeal rights to real estate the special property right is registered	- / 0,5	0,5
33	Divisible object of construction in progress concerning which in the State register of the corporeal rights to real estate the special property right is registered	-/-	0,5

                                             ".

 

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