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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of September 28, 2023 No. 118

About modification of the Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

According to Articles 7, of 15, of 19, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", Articles 4, 54-56, 66, of 67, 73 Laws of Ukraine "About banks and banking activity", Articles 11, of 12, 19-21, 42 of the Law of Ukraine "About financial services and state regulation of the markets of financial services", Articles 5, 26 Laws of Ukraine "About consumer crediting", Articles 77, of 78, of 81 Law of Ukraine "About payment services", for the purpose of reduction in compliance with the legislation of Ukraine of the regulatory legal act concerning implementation of supervision of observance of requirements of the legislation of Ukraine on consumer protection of financial and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt the Board of the National Bank of Ukraine DECIDES:

1. Make changes to Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt approved by the resolution of Board of the National Bank of Ukraine of September 2, 2022 No. 198, having been reworded as follows it which is applied.

2. To impose control over the implementation of this resolution on the Head of the National Bank of Ukraine Andrey Pyshny.

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 September 2, 2022 No. 198

(in edition of the Resolution of Board of the National Bank of Ukraine on September 28, 2023 No. 118)

Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

I. General provisions

1. This Provision is developed according to the laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About financial services and state regulation of the market of financial services" (further - the Law on financial services), "About consumer crediting" (further - the Law on consumer crediting), "About advertizing", "About consumer protection", "About payment services", "About insurance", "About credit unions", "About financial leasing", other laws of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank), for the purpose of implementation by National Bank of supervision of observance:

1) suppliers of financial services (including financial payment services), suppliers of accompanying services of requirements of the legislation of Ukraine on consumer protection of financial/payment services, requirements for ethical behavior and about advertizing in the field of financial services and in the payment market, except the stock market (further - the legislation of Ukraine on consumer protection of financial/payment services);

2) suppliers of limited payment services of requirements of the legislation of Ukraine on consumer protection of limited payment services;

3) the collection companies which are not financial institutions (further - the collection companies), requirements of the legislation of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior).

2. Terms in this Provision are used in the following values:

1) permanent supervision - form of implementation by National Bank of supervision of observance by suppliers of financial services (including financial payment services), suppliers of support and intermediary services regarding consumer service in the markets of financial and payment services (further - according to the legislation of Ukraine permanent missions in form of branches of foreign insurance companies which also obtained in accordance with the established procedure licenses for implementation of insurance activity, accredited branches of foreign payment organizations, suppliers of limited payment services, new creditors, the collection companies (further - about consumer protection of financial/payment services, limited payment services and supervision of observance of the requirements established by the legislation of Ukraine concerning interaction with consumers and other persons (close persons, the representative, the heir, the guarantor, the property guarantor or the third parties) (further - other person) in case of settlement of overdue debt (requirements of rather ethical behavior) without visit of objects of supervision of their location;

2) the certificate of results of implementation of permanent supervision of compliance with law of Ukraine of consumer protection of financial/payment services / limited payment services / behind observance of requirements for ethical behavior - the document consisting by results of permanent supervision in case of identification of violations of the law of Ukraine about consumer protection of financial/payment services / limited payment services, signs of implementation of risk activities by the supplier of non-bank financial services or in case of identification in activities of the loan provider, new creditor, the collection company of violations of the law of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) (dalee-Spravka);

3) the electronic address - the e-mail address of object of supervision specified in system of e-mail of National Bank or in the State register of banks, or in the State register of financial institutions, or in the Register of the collection companies, or in the register of faces which are not financial institutions, but have the right to provide separate financial services, or in the register of payment infrastructure which conducts National Bank;

4) supervision of observance of requirements for ethical behavior system of measures of National Bank within its competence determined by the laws of Ukraine on implementation of supervision of observance of the legislation of Ukraine by the collection company concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior), including identification of the facts of violation of requirements of the legislation of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) and timely reaction on them;

5) supervision of compliance with law of Ukraine about consumer protection of limited payment services systems of measures of National Bank within its competence determined by the laws of Ukraine behind observance by the supplier of limited payment services of the legislation of Ukraine on consumer protection of limited payment services, including identification of the facts of violation of the law of Ukraine about consumer protection of limited payment services, timely reaction on them and risk minimization of violation of the rights of consumers of limited payment services;

6) supervision of compliance with law of Ukraine about consumer protection of financial/payment services - system of actions of National Bank within its competence determined by the laws of Ukraine behind observance by predostavitel of financial services (including financial payment services), predostavitel of accompanying services of the legislation of Ukraine on consumer protection of financial/payment services, observance of requirements for ethical behavior and control of compliance with law of Ukraine about advertizing in the field of financial services (including financial payment services), except the stock market, including identification of the facts of violation of the law of Ukraine about consumer protection of financial/payment services, observance of requirements for ethical behavior, timely reaction on them and risk minimization of violation of the rights of consumers of financial services, including financial payment services, and also identification of signs of implementation by the supplier of non-bank financial services of risk activities;

7) signs of implementation of risk activities signs which availability is the basis for the conclusion of National Bank about production predostavitely non-bank financial services of the risk activities menacing to interests of investors and/or other creditors of such organization (face) (further - risk activities), in the field of the legislation of Ukraine on consumer protection of financial services;

8) risk of violation of the rights of consumers of financial/payment services probabilities of approach of event as a result of activities or failure to act that can lead to violation by predostavitel of financial services (including financial payment services) legislations of Ukraine on consumer protection of financial/payment services;

9) the authorized officer of National Bank - the chairman of National Bank, the First Deputy Chairman of National Bank, vice-chairmen of National Bank, the division manager of National Bank to which functions implementation within the competence of permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services, about consumer protection of limited payment services, requirements for ethical behavior, or person which is carrying out their obligations belongs.

The terms "loan provider", "new creditor" are used in the value given in the law on consumer crediting.

Other terms used in this Provision get on in the values given in the law on financial services, the law on consumer crediting, the Law of Ukraine "About payment services" and other laws of Ukraine, and also regulatory legal acts of National Bank concerning consumer protection of financial services (including financial payment services) and limited payment services, observance of requirements for ethical behavior and application of corrective actions.

3. This provision determines the bases and procedure National Bank of supervision of observance by objects of supervision of the legislation of Ukraine:

1) about consumer protection of financial/payment services in the markets of financial services and in the payment market by suppliers of such services, the suppliers of accompanying services registered according to the legislation of Ukraine permanent missions in form of branches of foreign insurance companies which also obtained in accordance with the established procedure the license for implementation of insurance activity, accredited branches of foreign payment organizations. Requirements of this provision extend to payment service providers who provide services in issue of payment instruments and/or implementation of acquiring of payment instruments regarding consumer service;

2) about consumer protection of limited payment services in the payment market by suppliers of such services;

3) concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) by the collection companies which state regulation is performed by National Bank, and registrations of results of such supervision.

4. Object of supervision of observance:

1) legislations of Ukraine on consumer protection of financial/payment services suppliers of financial services (including financial payment services), the supplier of accompanying services, the permanent mission in form of branch of the foreign insurance company which also obtained in accordance with the established procedure the license for implementation of insurance activity, accredited branch of foreign payment organization registered according to the legislation of Ukraine;

2) legislations of Ukraine on consumer protection of limited payment services suppliers of limited payment services;

3) requirements for ethical behavior - the collection company.

5. Requirements of this provision do not extend to implementation of supervision of compliance with law of Ukraine about consumer protection by suppliers of non-financial payment services.

6. The National Bank exercises supervision of compliance with law of Ukraine about consumer protection of financial/payment services, legislations of Ukraine on consumer protection of limited payment services and behind compliance with law of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) (further - requirements for ethical behavior) in the following forms:

1) permanent supervision;

2) inspection check.

7. Inspection checks concerning compliance with law of Ukraine about consumer protection of financial/payment services, legislations of Ukraine on consumer protection of limited payment services, concerning observance of requirements for ethical behavior are performed according to the regulatory legal acts of National Bank regulating the organization, carrying out and registration of results of checks, inspection checks.

8. The National Bank in the field of consumer crediting within competence takes the measures directed to the termination of the revealed violations of the rights of consumers, renewal of the violated rights of consumers, establishment and elimination of the reasons of such violations, establishment of the officials responsible for the revealed violations.

The National Bank for violation of the law of Ukraine about consumer protection of financial/payment services, legislations of Ukraine on consumer protection of limited payment services and the legislation of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) / implementation of risk activities imposes administrative punishments, applies penalties to objects of supervision, and also has the right to apply to objects of supervision of corrective action according to the procedure, determined by the laws of Ukraine, regulatory legal acts of National Bank concerning application of corrective actions and imposing of administrative penalties.

II. Implementation of permanent supervision of observance by suppliers of financial services (including financial payment services) legislations of Ukraine on consumer protection of financial/payment services

9. Supervision of observance by suppliers of financial services (including financial payment services), the suppliers of accompanying services registered according to the legislation of Ukraine permanent missions in form of branches of foreign insurance companies which also obtained in accordance with the established procedure the license for implementation of insurance activity, accredited branches of foreign payment organizations (further - the supplier of financial, accompanying services) legislations of Ukraine on consumer protection of financial/payment services is performed by National Bank on purpose:

1) assistance to responsible business behavior of the supplier of financial, accompanying services and to responsible attitude to consumers of financial services, including financial payment services (further - the consumer), increase in trust to the financial sector, creating favorable conditions for development and functioning of the payment market;

2) ensuring provision to consumers of complete, exact and reliable information about financial services (including financial payment services), including information on conditions and procedure for activities of the supplier of financial, accompanying services, agreements on provision of financial services (including financial payment services), other information / documents (their copies) which provision is determined by the legislation of Ukraine (including in parts of requirements for interaction with consumers and other persons in case of settlement of overdue debt) posted on own websites, in software applications (mobile applications, payment devices of the supplier of financial, accompanying services, in places of provision of services, and also the supplier of financial, accompanying services of advertizing extended by placement about financial services (including financial payment services) which are provided by them, conditions of receipt of such services in any form or placed by any other method;

3) determination of risk level of the violation of the rights of consumers inherent in activities of the supplier of financial services (including financial payment services);

4) ensuring compliance with rules of provision of financial services (including financial payment services) and regulations of the legislation of Ukraine on consumer protection of financial/payment services;

5) assistance to protection of the rights and consumer interests against fraud and abuses;

6) assistance to educational work on informing consumers on the opportunities, responsibility and risks connected with use of financial services (including financial payment services);

7) assistance of the competition in the field of provision of financial services (including financial payment services);

8) ensuring compliance with the legislation of Ukraine on advertizing [regarding advertizing in the field of financial services (including financial payment services), except the stock market] (further - the legislation of Ukraine on advertizing in the field of financial/payment services);

9) identification of signs of implementation by suppliers of non-bank financial services of risk activities regarding consumer protection of financial services.

The National Bank when implementing supervision of compliance with law of Ukraine about consumer protection of financial services is guided by the principles determined in part one of article 31 of the Law on financial services.

10. The National Bank within the competence determined by the laws of Ukraine exercises supervision of compliance with law of Ukraine about consumer protection of financial/payment services in the way:

1) the analysis of addresses and requests for access to public information of citizens and legal faces / associations of citizens without the status of the legal entity concerning activities of objects of supervision, and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the laws of Ukraine "About addresses of citizens", "About legal profession and lawyer activities" and in which questions concerning compliance with law of Ukraine of consumer protection of financial/payment services, the lawyer requests sent according to the Law of Ukraine "About legal profession and lawyer activities" about provision of information, copies of the documents received by consideration of addresses are brought up;

2) the analysis of agreements on provision of financial services and other documents (their copies) concluded between the supplier of financial, intermediary services and consumers; or the financial, intermediary services which are constituted/signed by the supplier, information on conditions and procedure for provision of each type of financial payment services, on procedure and forms of its provision to consumers, on identification of the facts of non-compliance with requirements of the legislation of Ukraine on consumer protection of financial/payment services, including availability of the conditions limiting and/or violating the rights of consumers;

3) the analysis of websites, software applications (mobile applications, payment applications), payment devices and internal documents of the supplier of financial, accompanying services concerning compliance with law of Ukraine about consumer protection of financial/payment services;

4) provision of explanations concerning the legislation of Ukraine on consumer protection of financial/payment services;

5) control of compliance with law of Ukraine about advertizing in the field of financial/payment services;

6) checks at persons providing financial services (including financial payment services), observance of rules of such services and the legislation of Ukraine on consumer protection of financial/payment services;

7) generalization of practice of application of the legislation of Ukraine on consumer protection of financial/payment services and the publication on pages of official Internet representative office of National Bank of quarterly and annual reviews;

8) provision of recommendations about observance by suppliers of financial, accompanying services of the legislation of Ukraine of consumer protection of financial/payment services;

9) control of elimination of the revealed violations and monitoring of accounting of the provided recommendations about results of the carried-out supervision of compliance with law of Ukraine of consumer protection of financial/payment services;

10) cooperation with other bodies within the competence for ensuring consumer protection and compliance with law of Ukraine about consumer protection of financial/payment services, exchange and the analysis of statistical information concerning addresses of consumers, offenses in the market of provision of financial services (including financial payment services);

11) information analysis and documents (their copies / the scanned copies, extraction from them) concerning observance by the loan provider, new creditor of requirements for ethical behavior (including the technical records made by means of the video and/or sound recording technical tool, text, voice and other messages sent by means of the software or technologies without employees engagement of the loan provider, the new creditor for the purpose of fixation of each direct interaction with the consumer, other persons), the restrictions set by the legislation of Ukraine concerning processing of personal data of the consumer and other persons with whom interaction is defined by the agreement on consumer loan and which agreed to such interaction;

12) the analysis of observance of requirements to the loan providers, new creditors established according to regulatory legal acts of National Bank concerning establishment of requirements to the loan provider, the new creditor and their activities in case of settlement of overdue debt;

13) information analysis and documents (their copies / the scanned copies, extraction from them) concerning the message the loan provider, the new creditor to National Bank of information on the signed agreements directed to settlement of overdue debt on modification of them, the expiration of their action and/or about early termination (termination) of such agreements;

14) information analysis and documents (their copies / the scanned copies, extraction from them) concerning the message to National Bank of information on obtaining by the loan provider, new creditor from the face which is not included in the register of the collection companies of National Bank, the offer on implementation in its interests of action which in fact is settlement of overdue debt.

11. The National Bank carries out permanent supervision of observance by suppliers of financial, accompanying services of the legislation of Ukraine on consumer protection of financial/payment services constantly.

12. Permanent supervision of activities of the supplier of financial services (including financial payment services) regarding consumer protection is exercised not more often than once a month.

The evaluation procedure of risk of violation of the rights of consumers of financial/payment services of the supplier of financial services (including financial payment services) when carrying out permanent supervision is determined by administrative acts of National Bank.

13. Carrying out permanent supervision provides accomplishment within competence of National Bank of such actions:

1) carrying out monitoring of observance by the supplier of financial, accompanying services of the legislation of Ukraine on consumer protection of financial/payment services, availability or lack of signs of implementation by the supplier of non-bank financial services of risk activities (further - monitoring) and estimates of risk level of violation of the rights of consumers of financial/payment services;

2) sending an inquiry to predostavitel of financial, accompanying services (including financial payment services) and obtaining from it additional information / documents (and their copies) / written explanations (if necessary);

3) creation of the certificate of results of implementation of permanent supervision of compliance with law of Ukraine about consumer protection of financial/payment services / limited payment services / behind observance of requirements for ethical behavior in the form given in appendix 1 to this Provision in case of identification in activities of the supplier of financial, accompanying services of violations of the law of Ukraine about consumer protection of financial/payment services / attributes of implementation by the supplier of non-bank financial services of risk activities;

4) provision of recommendations to predostavitel of financial, accompanying services and monitoring of their accounting (if necessary).

14. The National Bank performs monitoring on the basis:

Information on activities of the supplier of financial, accompanying services, including information and documents/copy of documents on conditions and procedure for activities of the supplier of financial, accompanying services regarding consumer protection of financial/payment services, including 1) concerning interaction with consumers and other persons in case of settlement of overdue debt, about financial services (including financial payment services), agreements on provision of financial services (including financial payment services), other information / documents (their copies) which provision is determined by the legislation of Ukraine, posted on own websites, in software applications (mobile applications, payment applications), payment devices of the supplier of financial, accompanying services, in places of provision of services, and also the financial services extended by advertizing (including financial payment services) in any form or placed by any other method;

2) addresses and requests for access to public information of citizens and legal faces / associations of citizens without the status of the legal entity concerning activities of objects of supervision, and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the laws of Ukraine "About addresses of citizens", "About legal profession and lawyer activities" and in which questions of compliance with the law of Ukraine of consumer protection of financial/payment services, the lawyer requests sent according to the Law of Ukraine "About legal profession and lawyer activities" of provision of information, copies of the documents received by consideration of addresses are brought up;

3) internal documents of the supplier of financial, accompanying services regarding consumer protection of financial/payment services, including concerning interaction with consumers and other persons in case of settlement of overdue debt, and the legislation of Ukraine on advertizing of financial/payment services;

4) information and documents which are available for National Bank including received as a result of implementation by it of supervision of activities of the supplier of financial, accompanying services;

5) the reporting of the supplier of financial, accompanying services provided to National Bank;

6) information from official sources or information obtained in other procedure established by the legislation of Ukraine.

15. Results of monitoring are the basis for determination of assessment of risk level of violation of the rights of consumers of financial/payment services of the supplier of financial services (including financial payment services).

16. Risk assessment of violation of the rights of consumers of financial/payment services of suppliers of financial services (including financial payment services):

1) it is carried out on segments of the market and types of service for the purpose of determination of general level of the specified risk;

2) shows the generalized situation in the financial/payment market concerning risk level of violation of the rights of consumers of financial/payment services of this segment of the market.

17. The National Bank exercises supervision of compliance with law of Ukraine about consumer protection of financial/payment services by suppliers of financial services (including financial payment services) taking into account certain risk level of violation of the rights of consumers of financial/payment services.

18. Results of the carried-out permanent supervision in case of identification in activities of the supplier of financial, accompanying services of violations of the law of Ukraine about consumer protection of financial/payment services or signs of implementation by the supplier of non-bank financial services of risk activities are drawn up in the form of the Reference according to the Section V of this provision.

III. Implementation of permanent supervision of observance by suppliers of limited payment services of the legislation of Ukraine on consumer protection of limited payment services

19. Permanent supervision of observance by suppliers of limited payment services of the legislation of Ukraine on consumer protection of limited payment services is exercised by National Bank for the purpose of providing:

1) equal opportunities for access to limited payment services and consumer protection of limited payment services;

2) observance by the supplier of limited payment services of conditions and procedure for provision of limited payment services;

3) observance by the supplier of limited payment services of the legislation of Ukraine on advertizing in the payment market.

20. The National Bank exercises permanent supervision of observance by the supplier of limited payment services of the legislation of Ukraine on consumer protection of limited payment services based on the complex and comprehensive analysis:

1) addresses and requests for access to public information of citizens and legal faces / associations of citizens without the status of the legal entity concerning activities of objects of supervision, and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the laws of Ukraine "About addresses of citizens", "About legal profession and lawyer activities" and in which questions concerning compliance with law of Ukraine of consumer protection of limited payment services, the lawyer requests sent according to the Law of Ukraine "About legal profession and lawyer activities" about provision of information, copies of the documents received by consideration of addresses are brought up;

2) agreements on provision of limited payment services and other documents (their copies) concluded between the supplier of the limited payment services and consumers or constituted/signed by object of supervision on identification of the facts of non-compliance with requirements of the legislation of Ukraine on consumer protection of limited payment services including availability of the conditions limiting and/or violating the rights of consumers;

3) internal documents of objects of supervision;

4) information from official sources or information obtained in other procedure established by the legislation of Ukraine;

5) information on conditions and procedure for provision of limited payment services, procedure and form of its provision to consumers according to legal acts of Ukraine;

6) advertizing of limited payment services.

21. The National Bank carries out permanent supervision of observance by the supplier of limited payment services of the legislation of Ukraine on consumer protection of limited payment services constantly.

22. The result of the carried-out permanent supervision in case of identification in activities of the supplier of limited payment services of violations of the law of Ukraine about consumer protection of limited payment services is drawn up in the form of the Reference according to the Section V of this provision.

IV. Implementation of permanent supervision of observance of requirements for ethical behavior by the collection company

23. Permanent supervision of observance by the collection company of requirements for ethical behavior is exercised by National Bank on purpose:

1) ensuring compliance by object of supervision of requirements for ethical behavior;

2) assistance to protection of the rights and consumer interests and other persons.

24. The National Bank exercises permanent supervision of observance of requirements of the legislation of Ukraine by the collection company concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) based on the complex and comprehensive analysis:

1) the addresses and requests for access to public information of citizens and legal faces / associations of citizens without the status of the legal entity concerning observance objects of supervision of requirements for ethical behavior, and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the laws of Ukraine "About addresses of citizens", "About legal profession and lawyer activities" and in which questions concerning observance of the requirements established by the legislation of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt are brought up or by results of consideration of which reveal signs of violation of requirements of rather ethical behavior, the lawyer requests sent according to the Law of Ukraine "About legal profession and lawyer activities" about provision of information, copies of the documents received by consideration of addresses;

2) information and documents (their copies / the scanned copies, extraction from them) concerning observance by the collection company of requirements for ethical behavior (including the technical records made by means of the video and/or sound recording technical tool, text, voice and other messages sent by means of the software or technologies without employees engagement of the collection company for the purpose of fixation of each direct interaction with the consumer, other persons), the restrictions set by the legislation of Ukraine concerning processing of personal data of the consumer and other persons with whom interaction is defined by the agreement on consumer loan and which agreed to such interaction;

3) the requirements to the collection companies established according to regulatory legal acts of National Bank concerning establishment of requirements to the collection company and their activities when implementing of settlement of overdue debt by them;

4) information and documents (their copies / the scanned copies, extraction from them) posted on websites in software applications (mobile applications), including relatively about fixation of direct interaction with consumers, other persons in case of settlement of overdue debt, the documents provided by the collection company concerning compliance with law of Ukraine concerning interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior);

5) information and documents (their copies / the scanned copies, extraction from them) concerning the message the collection company to National Bank about involvement of physical person or legal entity on a contract basis for accomplishment of separate functions or processes within implementation of collection activities, including direct interaction with consumers of financial services, other persons;

6) information and documents (their copies / the scanned copies, extraction from them) concerning placement in the cases determined by the legislation of Ukraine, information on the physical persons and legal entities involved for accomplishment of separate functions or processes within implementation of collection activities, requirements for interaction with consumers and other persons in case of settlement of overdue debt (requirements for ethical behavior) on own website in software application (mobile application);

7) information from official sources or information obtained in other procedure established by the laws of Ukraine concerning observance by object of supervision of requirements for ethical behavior.

25. The National Bank carries out permanent supervision of observance by the collection company of requirements for ethical behavior constantly.

26. Results of the carried-out permanent supervision in case of identification in activities of the collection company of violations of requirements for ethical behavior are drawn up in the form of the Reference according to the Section V of this provision.

V. Exchange of information and registration of results of permanent supervision

27. Object of supervision shall provide to National Bank written explanations, information (including the technical records made by means of the video and/or sound recording technical tool, text, voice and other messages sent by means of the software or technologies without employees engagement of the loan provider, the new creditor, the collection company for the purpose of fixation of each direct interaction with the consumer, other persons) and documents (their copies / the scanned copies, excerpts from them) on the written request of National Bank (according to requirements of the laws of Ukraine within the powers).

28. The written request on receipt of explanations, information and documents is drawn up as the letter of National Bank signed by the authorized officer of National Bank and goes taking into account requirements for transfer of the documents containing information with limited access, established by National Bank in:

1) to electronic form (further - the electronic document), signed by the qualified digital signature (further - the CAP), on the e-mail address of the supplier of financial services (including financial payment services), the supplier of limited payment services, the new creditor, the collection company;

2) to paper form - funds of mail service for the postal address of the supplier of financial services (including financial payment services), the supplier of limited payment services, the new creditor, the collection company.

The written request of National Bank sent to the supplier of financial services (including financial payment services), to predostavitel of limited payment services, the collection company in electronic form, is properly sent on condition of obtaining to electronic mail / electronic mailbox of National Bank of delivery confirmation of this written request on the e-mail address of the supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company. The National Bank in case of non receipt of such confirmation within three working days from the date of the direction of the written request in electronic form to object of supervision on the e-mail address sends the written request in paper form the registered mail with the assurance of receipt on the postal address of the supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company.

The term established in the written request with the requirement of representation by the payment service provider (financial and limited services) of written explanations, information and documents shall not exceed five working days.

The time established in the written request in which representation of written explanations, information and documents from other objects of supervision is required shall consider amounts of required information.

29. The head (authorized person) of the supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company shall provide provision to National Bank of written explanations, reliable information and documents (their copies / the scanned copies, extraction from them) in the structures determined in the written request of National Bank, amounts and in the time established in this request.

30. The supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company provides written explanations, information and documents and their copies in National Bank in one of forms:

1) electronically means of system of e-mail of National Bank (on condition of connection to system of e-mail of National Bank) or on electronic mailbox of National Bank with imposing the CAP;

2) in paper form.

The written explanations, information and documents prepared by the supplier of financial services (including financial payment services), the supplier of limited payment services, by the collection company at the request of National Bank are provided together with the cover letter signed by the head (authorized person) of the supplier of financial services (including financial payment services), the collection company.

The copies of documents, endurance from them provided at the request of National Bank in paper form, electronic copies of paper documents, electronic copies of electronic documents shall have the quality allowing to read all data specified in them.

The copies of documents, endurance from them provided at the request of National Bank in paper form make sure the signature of the head (authorized person) of the supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company, with indication of its position, initials and surname, date of assurance and putting down of text "according to the original".

Pages (sheets) of the copy of the document/endurance from it consisting of two and more pages (sheets) shall be numbered and stitched by the supplier of financial services (including financial payment services), the supplier of limited payment services, the collection company, and on reverse side of the last leaf of such copy in the place of fastening of threads paper of 50х50 millimeters in size is pasted and on it the text is noted: "It is numbered and stitched... ARC." (the number of sheets in figures and words is specified) and the mark about assurance of the copy of document/endurance from it according to the procedure, certain in paragraph six of Item 30 of the Section V of this provision is put down.

31. The National Bank has the right to initiate carrying out working meetings (internal or remote by audio-, visual communication) with heads and workers of object of supervision.

32. Results of the carried-out permanent supervision in case of identification in activities of object of supervision of violations of the law of Ukraine about consumer protection of financial/payment services, signs of implementation by the supplier of non-bank financial services of risk activities and/or in case of identification of violations of the requirements for interaction established by the legislation of Ukraine with consumers in case of settlement of overdue debt (requirements for ethical behavior) or violations of the law of Ukraine about consumer protection of limited payment services are drawn up in the form of the Reference in the form given in appendix 1 to this Provision. The reference is constituted in electronic and/or in paper form.

33. The National Bank within five working days from the date of creation of the Reference directs to object of supervision it electronically behind the signature the CAP of the authorized officer of National Bank with the cover letter by e-mail to the e-mail address of object of supervision. The reference sent to object of supervision electronically is properly sent on condition of obtaining to electronic mail / electronic mailbox of National Bank of delivery confirmation of the cover letter and Reference on the e-mail address of object of supervision. The National Bank in case of non receipt of such notification within three working days from the date of the direction of the cover letter with the Reference electronically of object of supervision directs the Reference in paper form behind the signature to its e-mail address the CAP of the authorized officer of National Bank or transfers her purposely.

34. The National Bank directs to object of supervision the Reference copy in paper form with the cover letter the registered mail with the assurance of receipt to the postal address of object of supervision. The National Bank gives one copy of the Reference to object of supervision (in case of transfer to couriers) with indication of date of transfer and the signature about obtaining on the second copy remaining in National Bank.

35. The National Bank has the right to send the Reference in paper form together with the cover letter to the postal address of object of supervision or to transfer to couriers along with the direction of object of supervision of the Reference electronically.

36. The reference in paper form is considered received, brought to the attention of object of supervision (in case of refusal object of supervision in receipt of the mail service of the Reference or non receipt sent by means object of supervision of the Reference in department of mail service) on:

1) the seventh day from the date of the mailing of the Reference National Bank of object of supervision - for object of supervision with the registered location in the city of Kiev and Kiev region;

2) 10 day from the date of the mailing of the Reference National Bank of object of supervision - for object of supervision with the registered location in other regions of Ukraine.

The specified terms are prolonged for the term of registration of change of the location of object of supervision according to the legislation of Ukraine.

37. Object of supervision has the right no later than the fifth working day from the date of receipt of the Reference to provide to National Bank of explanation or reasonable objections concerning circumstances, the facts of violations (in the presence).

The specified objections/explanations are drawn up in writing, signed by head/person, the acting as the head of object of supervision, and supplemented with the documents confirming these objections.

38. The reference is the document in which are fixed within the powers of National Bank established by the laws of Ukraine, Violation by object of supervision of the legislation of Ukraine on consumer protection of financial/payment services, limited payment services and/or requirements for ethical behavior.

39. Object of supervision no later than the fifth working day provides to National Bank information concerning the considered recommendations of National Bank and/or the actions plan on accounting of the provided recommendations with indication of responsible persons. Object of supervision in case of disagreement with the recommendations provided by results of permanent supervision shall inform National Bank on disagreement with provision of reasonable explanations.

40. The reference and other materials by results of permanent supervision are information with limited access and property of National Bank and are not subject to disclosure. Disclosure of information containing in the Reference is performed according to the legislation of Ukraine.

41. The National Bank performs monitoring of elimination of violations and accounting of the provided recommendations established by results of permanent supervision.

VI. Responsibility for non-presentation, untimely representation or representation of obviously unreliable information

42. The National Bank applies corrective actions in the form of imposing of the penalties applied according to article 42 of the Law of Ukraine "About financial services and state regulation of the markets of financial services" for the offenses made in the markets of financial services and 2 parts one of article 41 of the specified Law (non-presentation, untimely representation or representation of obviously unreliable information) determined in Item.

43. The National Bank applies penalties for non-presentation, untimely representation or representation of obviously unreliable information to participants of the markets of non-bank financial services (except consumers of financial services).

44. The National Bank applies penalties for non-presentation, untimely representation or representation of obviously unreliable information:

1) in response to the written request of National Bank in the time established in such request during implementation:

permanent supervision of compliance with law of Ukraine about protection

rights of consumers of financial/payment services, requirements for ethical behavior; considerations of addresses and requests for access to public information of citizens concerning activities of participants of the markets of non-bank financial services (except consumers of financial services), and also claims and applications (petitions) of lawyers for the benefit of the physical persons and legal entities submitted according to the laws of Ukraine "About addresses of citizens", "About legal profession and lawyer activities", the lawyer requests sent according to the Law of Ukraine "About legal profession and lawyer activities" about provision of information, copies of the documents received by consideration of addresses;

2) provision of which is determined by the laws of Ukraine and/or regulatory legal acts of National Bank.

45. The National Bank in case of identification of offense regarding non-presentation, untimely representation or representation of obviously unreliable information by the participant of the market of non-bank financial services (except consumers of financial services) (further - the participant of the market of financial services) draws up the statement of offense in form according to appendix 2 to this Provision.

46. Are applied to the Act of offense in the presence of the copy of the documents confirming the fact of making by the participant of the market of non-bank financial services of the specified violation.

47. The National Bank before creation of the act of offense sends to the participant of the market of non-bank financial services inquiry for obtaining from head/person, the acting as the participant manager of the market of non-bank financial services, explanations or reasonable objections (in case of their absence) concerning circumstances, the facts of the elicited violations concerning non-presentation, untimely representation or representation of obviously unreliable information. The National Bank sends to the participant of the market of non-bank financial services inquiry according to the procedure, determined in Item 28 of the Section V of this provision.

48. The participant of the market of financial services has the right to provide to National Bank of explanation or reasonable objections concerning circumstances, the facts of violations (in the presence). The participant of the market of financial services provides to National Bank of objection/explanation according to the procedure, determined in Items 27, of 29, of the 30th Section V of this provision.

49. The National Bank applies penalties for non-presentation, untimely representation or representation of obviously unreliable information according to the procedure, determined by the laws of Ukraine, regulatory legal acts of National Bank concerning application of corrective actions.

VII. The reporting under results of the carried-out permanent supervision

50. The National Bank by results of permanent supervision and taking into account results of inspection checks provides preparation of annual, quarterly and monthly information on quantity, accomplishment condition, results of consideration of addresses of consumers and the revealed system problems / violations of the law of Ukraine about consumer protection of financial/payment services, limited payment services, requirements for ethical behavior for management, divisions of National Bank and for placement on pages of official Internet representative office of National Bank.

51. Reports on results of supervision of compliance with law of Ukraine on consumer protection of financial/payment services, limited payment services, requirements for ethical behavior for placement on pages of official Internet representative office of National Bank may contain:

1) general quantitative statistics of addresses, including statistics by market segments;

2) the systematized statistics of addresses by the touched subjects;

3) the detailed description of the most frequent/system/problematic issues which are brought up in addresses or the questions requiring additional explanations;

4) statistical information on the revealed violations;

5) statistics about the applied corrective actions and penalties;

6) other information (if necessary).

Appendix 1

to Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt (the subitem 3 of Item 13 of the Section II)

The certificate of results of implementation of permanent supervision of compliance with law of Ukraine of consumer protection of financial/payment services / limited payment services / behind observance of requirements for ethical behavior

See Appendix 1 (37Kb In original language)

Appendix 2

to Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt (Item 45 of the Section VI)

Act of offenses

See Appendix 2 (30Kb In original language)

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