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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 8, 2023 No. 143

About approval of the Regulations on establishment of criteria by which the profile of risk of suppliers of financial services, their public importance is determined, based on which supervising actions of the National Bank of Ukraine are determined

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 21, 28-30 Laws of Ukraine "About financial services and state regulation of the markets of financial services", for the purpose of 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 intensity of supervising actions is determined, the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on establishment of criteria by which the profile of risk of suppliers of financial services, their public importance is determined, based on which supervising actions of the enclosed National Bank of Ukraine are determined.

2. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform participants of the market of non-bank financial services information on adoption of this Resolution.

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 November 8, 2023 No. 143

Regulations on establishment of criteria by which the profile of risk of suppliers of financial services, their public importance is determined, based on which supervising actions of the National Bank of Ukraine are determined

I. General provisions

1. This Provision is developed according to the Law of Ukraine "About the National Bank of Ukraine" (further - the Law on National Bank), the Law of Ukraine "About financial services and finance companies" (further - the Financial services act), the Law of Ukraine "About insurance" (further - the Insurance law), the Law of Ukraine "About credit unions" (further - the Law on credit unions).

2. The term "profile of risk of the supplier of financial services" is used in this Provision in such value "overall, aggregative assessment of vulnerability of the supplier of financial services to risks to which he is exposed when implementing the activities, and conditions of management of them of indicators of activities, observance of prudential requirements, including prudential standard rates, is performed by certain criteria for the purpose of determination of further supervising actions of the National Bank of Ukraine (further-National Bank)".

The term "scheduled inspection inspection" gets on in the value determined in Regulations on the organization and the conducting inspection checks in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of December 20, 2023 No. 167 (with changes).

The terms "line of business", "MAT property", "MAT responsibility" get on in the values determined in Regulations on the procedure for forming by insurers of technical reserves approved by the resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 203 (with changes).

Other terms used in this Provision are used in the values determined by the Law on National Bank, the Financial services act, the Insurance law, the Law on credit unions.

3. This Provision determines criteria by which the National Bank determines profile of risk of suppliers of financial services (except banks) (further - risk profile), their public importance based on which supervising actions of National Bank are determined, for the purpose of determination of intensity of supervising actions of prudential supervision (including frequency of conducting scheduled inspection inspections, separate actions when implementing permanent prudential supervision) concerning suppliers of financial services, state regulation and supervision of which activities is exercised by National Bank, and procedure for their application.

4. Requirements of this provision for the purposes of determination of intensity of supervising actions extend on:

1) insurers;

2) credit unions;

3) finance companies;

4) pawnshops.

5. The National Bank in case of determination of profile of risk and reference of the supplier of financial services to one of the groups of public importance established in Item 25 of the Section II of this provision according to the criteria established by this Provision (further - determination of profile of risk and public importance), applies risk - the oriented approach on the basis of pro-rata rule by determination of intensity of supervising actions, including frequency of conducting scheduled inspection inspections, separate actions when implementing permanent supervision, providing concentration of supervision on those predostavitel of financial services which have more high risk and the highest group of public importance.

6. The National Bank determines profile of risk and public importance of suppliers of financial services once a year no later than December 10 of year in which determination of profile of risk and public importance is carried out.

The period of determination of profile of risk and public importance is the period from the October 01 years preceding year of carrying out by National Bank of determination of profile of risk and public importance to September 30 of the current year in which such determination is carried out.

Date of determination of profile of risk and public importance is the last date of the period of determination of profile of risk and public importance as of which estimation is performed:

1) criteria of determination of profile of risk of the insurer / the credit union / finance company, pawnshop established in Item 10 of the Section II of this provision which are estimated on the indicators of determination of profile of risk specified in appendices 1-3 to this Provision;

2) criteria for determination of public importance of the insurer / the credit union / finance company, pawnshop established in appendices 4-6 to this Provision.

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