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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of October 7, 2022 No. 216

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

According to Articles 7, of 15, of 44, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 21, 27-29, 34 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", Articles 8, 10-14, 79 of the Law of Ukraine "About payment services", Articles 9, of 11, of 14, 15 Laws of Ukraine "About currency and currency transactions", for the purpose of reduction of regulatory legal acts in compliance with the legislation of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Bring in the resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153 "About approval of the Regulations on licensing and registration of suppliers of financial services and conditions of implementation of activities for provision of financial services by them" (with changes) the following changes:

1) in Item 2:

word in paragraph one" (except operators of mail service)" to exclude;

the ninth subitem 2 to add the paragraph with words "(except the separate divisions performing activities for trade in currency values or transfer of means / financial payment services)";

2) in Item 3:

the paragraph one after the word "communications" to add with words ", the financial payment services / services in money transfer having the right to provision";

state subitem 2 in the following edition:

"2) the registration card of separate division of the legal entity constituted in the form given in appendix 2 to the Provision (except the separate divisions performing activities for trade in currency values or transfers of means / financial payment services). Information moves concerning all separate divisions of the lessor which provide financial services.";

To exclude 3) in Item 5 of the word "according to the procedure, provided in the Section X of the Provision";

"After acceptance by National bank / authorized body of foreign state of the decision on insolvency of financial organization / foreign financial institution or withdrawal of the license at it" shall be replaced with words 4) in Item 6 of the word "after acceptance of Item 226 of Chapter 25 of the Section IV of Provisions of the decision of body of licensing and supervision, court or other authorized body determined in the subitem 3";

Item 7 to state 5) in the following edition:

"7. The signs not of faultless goodwill determined in Item 231 of Chapter 26 of the Section IV of Provisions are not applied to the legal entity if it was provided to such person of approval of acquisition or increase in essential participation in other financial institution after acceptance of Item 231 of Chapter 26 of the Section IV of Provisions of the decision of body of licensing and supervision, court or other authorized body of rather financial organization / foreign financial institution determined in the subitem 2.";

6) in Item 8:

replace the words "suppliers of financial services" with the word to "insurer";

the first offer after the words "provided that" to add with the word "approval";

the second offer to add with words "(the decision is made by Committee on supervision).";

Item 15 to state 7) in the following edition:

"15. Requirements of Items 160, of 161, 163 Chapters 15 of the Section II of Provisions on the size of the minimum authorized (share) capital of non-bank financial institution are applied only to persons who address for receipt of the license after entry into force of relevant requirements.";

To state Item 16 in the following edition:

"16. Suppliers of financial services before approval of rates for services according to Item 387 of Chapter 47 of the Section VII, Item 410 of Chapter 49 of the Section VIII of the Provision do not submit the copy of the payment document confirming implementation of payment for this service (ги). Non-presentation of such document is not considered the basis for leaving of document package without consideration.";

The resolution after Item 16 to add 9) with two new Items 16-1, 16-2 of the following content:

"16.1. The licenses for trade in currency values existing on acceptance date of this resolution are effective.

The non-bank financial institutions and operators of mail service having current licenses on trade in currency values continue to perform trade in currency values in cash form based on the corresponding license.

16.2. The National Bank considers information and document packages given on fulfillment of requirements of the Regulations on licensing procedure on trade in currency values approved by the resolution of Board of the National Bank of Ukraine of March 26, 2021 No. 26 (further - No. Provision 26), according to requirements and according to the procedure, determined by the Provision No. 26.";

Item 17 to exclude 10);

The resolution after Item 18 to add 11) with five new Items 18-1 - 18-5 following contents:

"18-1. To citizens and/or tax residents of the state, performs/performed the armed aggression against Ukraine in the value given in article 1 of the Law of Ukraine "About defense of Ukraine" (further - the state aggressor), to physical persons which permanent residence is the territory of the state aggressor, legal entities, place of registration and/or the location of which is the state aggressor which are owners of essential participation who provide financial services (except persons on whom the National Bank makes the decision on non-use signs not of faultless goodwill, are determined in the subitem 7 of Item 223 of Chapter 25 or in the subitem 5 of Item 228 of Chapter 26 of the Section IV of Provisions), it is forbidden directly or indirectly, fully or partially to have voting power on acquired by shares (shares) and any image to participate in management of such supplier of financial services (further - will lock uses of voting power).

18-2. The prohibition of use of voting power is applied to the owner:

1) direct essential participation of suppliers of financial services - concerning the stocks (share in the authorized capital) of the supplier of financial services owned by it;

2) mediated essential participation of suppliers of financial services - concerning shares (share in the authorized capital) belonging to the shareholder (participant) of the supplier of financial services for whom such person has the mediated essential participation in suppliers of financial services (in the amount of, pro rata to the amount of participation of such mediated owner of essential participation).

18-3. Suppliers of financial services in which there are owners of essential participation specified in Item 18-1 of this resolution have the right to file the documents for appointment of a proxy specified in Item 435-10 of Chapter 53-2 of the Section VIII of the Provision to National Bank.

18-4. The National Bank makes the decision by results of consideration of the submitted documents for appointment of a proxy according to the procedure, established in Chapter 53-2 of the Section VIII of the Provision.

18-5. The goodwill of heads, chief accountant, key participants, owners of essential participation, key faces of the supplier of financial services who are citizens and/or tax residents of the state aggressor, physical persons which permanent residence is the territory of the state aggressor legal entities, place of registration and/or the location of which is the state aggressor, is not irreproachable (except persons on whom the National Bank makes the decision on non-use signs not of the faultless goodwill determined in the subitem 7 of Item 223 of Chapter 25 or the subitem 5 of Item 228 of Chapter 26 of the Section IV of Provisions).

2. Approve changes in Regulations on licensing and registration of suppliers of financial services and condition 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 - provisions) which are applied.

3. No. 93 "About introduction of amendments to resolutions of Board of the National Bank of Ukraine of December 24, 2021 No. 153 and settlements of some questions in activities of suppliers of financial services" to exclude Items 2-5 of the resolution of Board of the National Bank of Ukraine of May 04, 2022.

4. Declare invalid the resolution of Board of the National Bank of Ukraine of March 26, 2021 No. 26 "About approval of the Regulations on licensing procedure on trade in currency values".

5. Suppliers of financial services before reduction of the Complex information system of the National Bank of Ukraine in compliance with requirements of the Provision give to the National Bank of Ukraine registration card of legal person / the registration card of separate division of the legal entity constituted in the form established by the Provision in the edition operating before entry into force with this resolution.

6. Suppliers of financial services have the right for the purpose of accomplishment of the requirement, of the activities for provision of financial services determined by Item 2 of the resolution of Board of the National Bank of Ukraine of December 24, 2021 No. 153 "About approval of the Regulations on licensing and registration of suppliers of financial services and conditions of implementation by them" (with changes), to give questionnaire of the supplier of financial services, the questionnaire of physical person on participation in suppliers of financial services (concerning all physical persons which are owners of essential participation suppliers of financial services), the questionnaire of the legal entity on participation in suppliers of financial services (concerning all legal entities who are owners of essential participation suppliers of financial services), the questionnaire of the head, chief accountant, key face of the applicant/supplier of financial services in the edition operating before entry into force with this resolution.

7. The resolution becomes effective on October 9, 2022.

Approved by the Resolution of Board of the National Bank of Ukraine of October 7, 2022 No. 216

Changes to Regulations on licensing and registration of suppliers of financial services and conditions of implementation by them of activities for provision of financial services

1. In the Section I:

1) in Chapter 1:

add Item 1 with the words "About Currency and Currency Transactions", "About Payment Services" (further - the Law on payment services).";

in Item 2:

in subitem 1 of the word" (except operators of mail service)" to exclude;

to state the paragraph of the seventh in the following edition:

"Conditions and procedure for authorization of activities for provision of financial payment services and limited payment services it is determined by the regulatory legal act of National Bank by authorization of activities of suppliers of financial payment services and limited payment services.";

in Item 3:

4, of 5, 7-9 to state subitems in the following edition:

"The procedure and the procedure of the approval/notification about acquisitions or increases in essential participation in which provide 4) financial services (except credit unions), payment organizations, organizations of the electronic money, to operators of mail service having the right to provision of financial payment services;

5) requirements to goodwill and the evaluation procedure of goodwill of non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank, and also heads, chief accountants, key persons, non-bank financial institutions, legal entities which are not financial institutions, but have the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank, legal entities and physical persons which are owners of essential participation or intend to acquire or increase essential participation in non-bank financial institution, the legal entity which is not financial institution, but has the right to provide separate financial services, suppliers of financial payment services, state regulation and supervision of which is exercised by National Bank;";

"7) requirements to financial condition of legal entities and property status of physical persons which are owners of essential participation or have intention to acquire or increase essential participation in which provide financial services (except credit unions and lessors), payment organizations, organizations of the electronic money, to operators of mail service having the right to provision of financial payment services, and also the principles (criteria) and technique of assessment of their financial/property condition;

8) procedure and the procedure of the notification on appointment (election) of the head, the chief accountant, key person, the worker responsible for carrying out financial monitoring (further - the responsible), in provision of financial services, suppliers of financial payment services, suppliers of limited payment services, state regulation and supervision of which is exercised by National Bank;

9) procedure and reconciliation procedure to position of the head, chief accountant of the insurer, joint credit union, payment organizations, organizations of electronic money, the operator of mail service, has the right to provision of financial payment services;";

in item 4:

in subitem 8 of the word of "applicant/notary" to exclude;

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

"8-1) single e-mail address - the e-mail address of the applicant/supplier of financial services, the supplier of financial payment services providing limited payment services for implementation of official communication with National Bank it is presented to National Bank according to this Provision and/or the regulatory legal act of National Bank, determines procedure of authorization of activities of suppliers of financial payment services and limited payment services;";

add subitem 10 with words ", modification of information on provision of financial services or its separate division and exception of data on separate division of the supplier of financial services of the corresponding Register";

in subitem 17 of the word "Committee on Supervision" shall be replaced with words "Committee on supervision";

state subitem 28 in the following edition:

"28) the supplier of financial services - non-bank financial institution, the lessor, the operator of mail service having the right to perform activities for trade in currency values;";

to add Item after subitem 28 with new subitem 28-1 of the following content:

"28-1) supplier of financial payment services - payment organization (including small payment organization), branch of foreign payment organization, organization of electronic money, branch of foreign organization of electronic money, the operator of mail service who has the right to provide financial payment services;";

state subitem 29 in the following edition:

"29) non-bank financial institution - the financial institution which is not bank and having the right to provide the financial services determined in Item 65 of Chapter 5 of the Section II of this provision;";

to add Item after subitem 31 with new subitem 31-1 of the following content:

"31-1) tax residents - person who according to the legislation of Ukraine / the foreign country is resident of Ukraine / the foreign country for the purposes of the taxation;";

Items 19, of 20, of 24, of 29, of 33, of the 35th Chapter 2 to state 2) in the following edition:

"19. The statement for licensing and the documents attached to it are accepted according to the inventory of all documents in packet with the specified names, dates of issue, bodies (persons), issued them. The description is signed personally by the applicant physical person or the authorized representative of the applicant or by imposing on the description the CAP of the corresponding person.

20) the Documents determined by this Provision move in National Bank only one of the following methods:

1) in paper form with simultaneous obligatory submission of electronic copies of these documents (without imposing the CAP) on digital data carriers (USB флешнакопителях) or the means of electronic communication used by National Bank for electronic document management;

2) in electronic form or the electronic copy of the document signed by imposing the CAP - the electronic notification on official electronic mailbox of nbu@bank.gov.ua National Bank or other means of electronic communication used by National Bank for electronic document management.";

"24. Documents in some cases, determined in this Provision, and upon the demand of National Bank are represented electronically in the xlsx format or other format.

In addition move in National Bank in the xlsx format:

1) the questionnaire of physical person concerning participation in provision of financial services, suppliers of financial payment services / limited payment services constituted in the form given in appendix 3 to this Provision (further - the questionnaire of physical person);

2) the questionnaire of the legal entity concerning participation in provision of financial services, suppliers of financial payment services / limited payment services constituted in the form given in appendix 4 to this Provision (further - the questionnaire of the legal entity);

3) the questionnaire of the head, chief accountant, key face of the applicant / supplier of financial services / the supplier of financial payment services / the supplier of limited payment services constituted in the form given in appendix 5 to this Provision (further – the questionnaire of the head);

4) information on property condition of physical person constituted in the form given in appendix 9 to this Provision.";

"29. The applicant has the right not to file to National Bank documents which were filed to National Bank, in case of set of the following conditions earlier:

1) such documents were not returned by National Bank to the applicant;

2) to them the National Bank did not provide notes;

3) are valid;

4) information containing in these documents is urgent.

The applicant for the purpose of accounting of such documents during consideration of document package submits to National Bank the petition in which provides the list of earlier filed documents with indication of their names, of dates of issue, bodies (persons), they were issued, information on as a part of what document package documents were represented National Bank earlier, and also assurances that these documents were not returned by National Bank to the applicant are valid, and information which in them contains, is urgent.";

"33. The applicant in case of impossibility of representation owing to circumstances gives to document/information which is determined/determined by this Provision concerning the legal entity and/or physical person to National Bank reasonable explanation of impossibility of such representation. The National Bank has the right to consider document package without such document / such information which recognizes the applicant's explanation reasonable.

The written decision on this matter is not made. Notifies the authorized person of National Bank in writing the applicant about consideration of document package without such document / information or on recognition of explanations of the applicant unreasonable and need of submission of such document / information.";

"35. The applicant shall provide to National Bank information on the single e-mail address and the e-mail address of the authorized representative for implementation of official communication with National Bank.

The provided single e-mail address is considered the official e-mail address for communication of National Bank with the applicant.";

The subitem 2 of Item 42 of Chapter 3 to state 3) in the following edition:

"2) registration at least one of the submitted documents with violation of requirements of the law and/or this provision.".

2. In the Section II:

1) in Chapter 5:

add Item 65 with the new paragraph of the following content:

"The National Bank grants licenses for trade in currency values according to the procedure, determined by this Provision for licenses for activities by provision of financial services";

in Item 72:

the paragraph one to state in the following edition:

"72. Person who intends to perform / performing activities for provision of the financial services specified in Item 65 of Chapter 5 of the Section II of this provision on the date of the address for receipt of the license during all effective period of the license shall meet the following requirements (do not extend to the operators of mail service having the right to perform activities for trade in currency values, and applicants who have intention receive/have the status of the lessor):";

the subitem 3 after words "the markets of financial services," to add with words of "the legislation regulating activities in the payment market, the foreign exchange legislation";

in subitem 5 of the word "/non-bank financial institution" to exclude;

in subitem 19 "not eliminated" to replace the word with the word of "outstanding";

add Item with two new subitems of the following content:

"To provide 26) observance of requirements of the legislation of Ukraine concerning application of registrars of settlement transactions when implementing activities for trade in currency values by implementation of currency transactions on trade in currency values in cash form (for persons who have the license for trade in currency values);

27) the available financial resources for implementation of the business plan (for the applicants having the status of the insurer or credit union also address for new license for activities on provision of financial services / new type of insurance or having intention to receive the status of the insurer or credit union).";

to add Chapter after Item 72 with new Item 72-1 of the following content:

"72 1. The operator of mail service who intends to perform / performing activities for trade in currency values on the date of the address for receipt of the license during all effective period of the license shall conform to such requirements:

1) the information about person is included in the unified state register of operators of mail service;

2) the financial condition meets the requirements of Item 159 of Chapter 15 of the Section II of this provision;

3) the structure of property meets the requirements of the regulatory legal act of National Bank which establishes requirements to structure of property of suppliers of financial services;

4) documents on structure of property are filed to National Bank in amount, procedure and in the terms determined by the regulatory legal act of National Bank which establishes requirements to structure of property of suppliers of financial services;

5) goodwill of the operator of mail service, key participants, owners of essential participation, heads, the chief accountant, key faces of the operator of mail service meet the requirements of the laws of Ukraine and this provision;

6) the goodwill and professional suitability of the ranking officer meet the requirements to the goodwill and professional suitability determined in Regulations on implementation by organizations of the financial monitoring approved by the resolution of Board of the National Bank of Ukraine of July 28, 2020 No. 107 (with changes);

7) professional suitability of the head, chief accountant, key faces of the operator of mail service meets the requirements of this provision;

8) the name, procedure for use of trademarks, websites meet the requirements of the legislation of Ukraine and Chapters 6 and 7 of the Section II of this provision;

9) carries out the agreements signed by it on rendering financial services and during the conclusion, execution and cancellation of such agreements adheres to the requirements determined by the book of the fifth of the Civil code of Ukraine and the laws of Ukraine concerning regulation of the separate markets of financial services;

10) internal documents for provision of financial services and constituent documents meet the requirements of Chapter 9 of the Section II of this provision;

11) the policy of prevention, identification and conflict management of interests of the operator of mail service meets the requirements of Chapter 18 of the Section II of this provision;

12) for date of submission of documents of National Bank and during the period of consideration of documents for receipt of the license person has no outstanding corrective actions applied by National Bank for violation of the law of Ukraine concerning regulation of the markets of financial services, in the field of 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, in the field of realization of special economic and other rationing measures (sanctions), and/or the corrective actions applied to it for violation of the specified legislation of Ukraine;

13) is provided by observance of requirements of the legislation of Ukraine concerning application of registrars of settlement transactions by provision of financial service in trade in currency values and implementation of currency transactions on trade in currency values in cash form.";

state Item 79 in the following edition:

"79. The supplier of financial services, the supplier of financial payment services, the supplier of limited payment services shall:

1) to have the single e-mail address for implementation of official communication with National Bank and to provide its smooth functioning;

To support 2) in urgent condition information provided in the Complex information system of National Bank;

3) to provide on permanent basis the letters sent to the single e-mail address, funds of mail service for the addresses specified in the Complex information system of National Bank.";

Paragraph one of Item 86 of Chapter 7 after the word of "services" to add 2) with words and figures "within 10 working days from the date of modification of information determined in Item 86 of Chapter 7 of the Section II of this provision";

Item 92 of Chapter 8 to add 3) with two new paragraphs of the following content:

"The location of the supplier of financial services which is specified in the statement for inclusion in the Register which form is determined also appendix 1 to this Provision, and questionnaire which form is determined in appendix 6 to this Provision is the location specified in the Unified state register.

The location of executive body shall be specified in addition in questionnaire which form is determined in appendix 6 to this Provision, in case of arrangement of executive body of the supplier of financial services in the place other than the location specified in the Unified state register.";

4) in Chapter 10:

in Item 105:

in subitem 2 of the word "in time" to replace with the word "to";

add Item with the new subitem of the following content:

"3) implementation of activities for types of voluntary insurance (rule of insurance) for each type of insurance separately.";

exclude Items 106-108;

to state the subitem 3 of Item 121 in the following edition:

"3) obtained the license for implementation of voluntary insurance of responsibility to the third parties (other, than specified in Items 12-14 of article 6 of the Law of Ukraine "About insurance"), has the right to act as the guarantor according to the Customs code of Ukraine by the conclusion of the corresponding insurance contract.";

5) undressed after Chapter 14 to add with new Chapter 14-1 of the following content:

"14-1. Additional requirements to activities for trade in currency values

158-1. The license for trade in currency values at the same time is the license for implementation of currency transactions and implementation of activities for provision of financial service in trade in currency values.

158-2. The license for trade in currency values provides to non-bank financial institution and the operator of mail service the right to perform currency transactions on trade in currency values in cash form / to provide financial service in trade in currency values.

Payment organizations, organizations of electronic money based on the license for trade in currency values have the right to perform currency transactions on trade in currency values in cash form / to provide financial service in trade in currency values only for accomplishment of payment transactions.

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