Unofficial transfer (c) Soyuzpravoinform LLC
of March 31, 2023 No. 42
About approval of changes in 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", Articles 21, of 27, of 28, of 29, of 30, 39 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of ensuring accomplishment of functions by the National Bank of Ukraine on state regulation in the field of the markets of the financial services Board of the National Bank of Ukraine decide:
1. Approve changes in:
1) Regulations on establishment of criteria by which the risk degree from implementation of activities by participants of the market of non-bank financial services, their public importance is estimated, based on which frequency of conducting scheduled inspection inspections, and procedure for their application approved by the resolution of Board of the National Bank of Ukraine of December 11, 2020 No. 157, which are applied is determined;
2) Regulations on application of influence measures by the National Bank of Ukraine in the field of the state regulation of activities in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of February 01, 2021 No. 12 (with the enclosed changes);
3) Regulations on the organization, carrying out and registration of results of inspection checks of participants of the markets of non-bank financial services, the Board of the National Bank of Ukraine approved by the resolution of February 26, 2021 No. 22, which are applied;
4) Regulations on requirements to structure of property of suppliers of financial services, the Board of the National Bank of Ukraine approved by the resolution of April 14, 2021 No. 30, which are applied.
2. Make changes in:
1) Regulations on implementation of the permanent supervision by the National Bank of Ukraine in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of December 28, 2020 No. 169 (with changes), having been reworded as follows it which is applied;
2) the Resolution of Board of the National Bank of Ukraine of February 01, 2021 No. 12 "About approval of the Regulations on application of influence measures by the National Bank of Ukraine in the field of state regulation of activities in the markets of non-bank financial services" (with changes), having added it after Item 3 with new Item 3-1 of the following content:
"3-1. The participant of the market of non-bank financial services, if before the termination of the term established in the decision on application of corrective action, accepted according to provision, the regulatory legal act of State commission on regulation of the markets of financial services of Ukraine or the National commission performing state regulation in the field of the markets of financial services which regulation was broken ceased to be valid, in time, determined in such decision provides reduction of the activities in compliance with requirements of the regulatory legal act of National Bank which contains similar regulation.".
3. The National Bank of Ukraine makes the decision on recognition of structure of property of the supplier of financial services opaque according to the Regulations on requirements to structure of property of suppliers of financial services approved by the resolution of Board of the National Bank of Ukraine of April 14, 2021 No. 30, according to the procedure operating before entry into force of this resolution if the structure of property of the supplier of financial services is not brought into accord with requirements for its transparency in time, established by the National Bank of Ukraine according to Item 49 of the Section VII of the Regulations on requirements to structure of property of suppliers of financial services approved by the resolution of Board of the National Bank of Ukraine of April 14, 2021 No. 30, in the edition operating before entry into force of this resolution.
4. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform non-bank payment service providers information on adoption of this resolution.
5. The resolution becomes effective from the date of, its official publication following behind day.
Chairman
A.Pyshny
|
It is approved: The first the vice-Prime Minister of Ukraine - the Minister of Economic Affairs of Ukraine Yu.Sviridenko |
|
Approved by the Resolution of Board of the National Bank of Ukraine of March 31, 2023 No. 42
1. In Appendix 1:
Lines 2, the 5 and 6 tables to state 1) in the following edition:
"
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
2 |
1.1 |
Implementation of corrective actions |
During the estimative period corrective actions were not applied to the insurer |
During the estimative period one measure of influence which for date of assessment was executed was applied to the insurer or the deadline for which did not come yet |
During the estimative period two or more corrective actions which for date of assessment were executed were applied to the insurer or term for which did not come yet |
During the estimative period were applied to the insurer one (or a little) corrective actions which for date of assessment were not realized during the established period |
35 |
";
"
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
5 |
1.4 |
Availability in the actuarial report for previous year of information on adequacy of forming of insurance reserves (for submission of the actuarial report by insurers) |
The actuary who constituted and signed such actuarial report completely confirmed sufficiency and sufficiency of the created insurance reserves, there are no recommendations about technique of forming of separate types of reserves |
The actuary who constituted and signed such actuarial report completely confirmed sufficiency and sufficiency of the created insurance reserves, however the actuary provided recommendations about change of methodology of forming of separate types of reserves |
The actuary who constituted and signed such actuarial report revealed insufficient reserves on this or that type of insurance, however the actuary completely confirmed sufficiency and sufficiency of the created insurance reserves (aggregative), the actuary provided recommendations about change of technique of forming of separate types of reserves in connection with impossibility of its use |
The actuary who constituted and signed such actuarial report revealed insufficient reserves on separate types of insurance and determined the fact of nedoformirovaniye of insurance reserves (cumulative) or the fact of non-presentation by the insurer of the actuarial report for previous year |
15 |
|
6 |
1.5 |
General risk level of violation of the rights of consumers of financial services |
Low |
Average |
High |
Very high |
20 |
";
Explanation to criteria of estimation of risk degree of the insurer to add 2) with new Item of the following content:
"2. Indicators of criteria 1.5 are determined by national bank according to the Procedure of risk assessment of violation of the rights of consumers of financial services by participants of the market of financial services of Ukraine established by National Bank.".
2. In Appendix 2:
Lines 2 and 5 of the table to state 1) in the following edition:
"
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
2 |
1.1 |
Implementation of corrective actions |
During the estimative period of corrective action on credit union were not applied |
During the estimative period one corrective action which for date of assessment was observed was applied to credit union or the deadline for which did not come yet |
During the estimative period two or more corrective actions which for date of assessment were observed were applied to credit union or the deadline for which did not come yet |
During the estimative period one was applied to credit union (or a little) corrective actions which for date of assessment were not realized at the scheduled time |
35 |
";
"
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
5 |
1.4 |
General risk level of violation of the rights of consumers of financial services |
Low |
Average |
High |
Very high |
30 |
";
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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