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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 27, 2023 No. 152

About approval of Changes in 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, 15, 19, 55, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 4, 54-56, 66, 67, 73 Laws of Ukraine "About banks and banking activity", Articles 6-8, 21-23, 25, 46 Laws of Ukraine "About financial services and finance companies", Articles 5, 26 Laws of Ukraine "About consumer crediting", Articles 77, 78, 81 Law of Ukraine "About payment services", Articles 24, 26 Laws of Ukraine "About advertizing", articles 85-88, 114 of the Law of Ukraine "About insurance", Articles 37, 43 Laws of Ukraine "About credit unions", for the purpose of reduction in compliance with the legislation of Ukraine of the regulatory legal act of the National Bank of Ukraine 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. Approve Changes in 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 02, 2022 No. 198 (in edition of the resolution of Board of the National Bank of Ukraine of September 28, 2023 No. 118) which are 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 since January 1, 2024.

Approved by the Resolution of Board of the National Bank of Ukraine of November 27, 2023 No. 152

Changes in 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

1. In the Section I:

Shall be replaced with words 1) in Item 1 of the word "About Financial Services and State Regulation of the Market of Financial Services" "About financial services and finance companies";

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

"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), violations by objects of supervision of requirements of the Law on financial services, the Law on consumer crediting, the Laws of Ukraine "About insurance" "About credit unions" and other legislation of Ukraine regarding the obligation of provision of information, documents and their copies (in paper or electronic form), written explanations for National Bank, including on written request / requirement (further - the Reference);";

Paragraph two of Item 8 to state 3) in the following edition:

"The National Bank for violation of the law of Ukraine about consumer protection of financial/payment services, about consumer protection of limited payment services and legislations 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 the adjusting measures and/or corrective actions according to the procedure, determined by the legislation of Ukraine.".

2. In the Section II:

1) in Item 9:

state subitem 2 in the following edition:

"2) ensuring timely provision to consumers of necessary, complete, available and reliable information about financial services (including financial payment services), intermediary services, products, including information on the cost of such services and products, 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 including their mobile version, in software applications (mobile applications, payment and mobile applications), payment devices of the supplier of financial, accompanying services, in places of provision of services, the supplier of financial, accompanying services of advertizing extended by placement about financial services and in the payment market which are provided by them, conditions of receipt of such services in any form or placed by any other method and also about the risks connected with receipt of such financial and/or intermediary service for adoption of conscious decisions by consumers;";

to add Item after subitem 4 with new subitem 4-1 of the following content:

"4-1) prevention of distribution in the market of financial/payment services of information misleading;";

state subitem 6 in the following edition:

"6) assistance to educational work for ensuring awareness of consumers, receipts of skills, knowledge and confidence in understanding of risks, responsibility and opportunities connected with receipt of financial services by them;";

in subitem 8 of the word "regarding advertizing in the field of financial services (including financial payment services), except the stock market" shall be replaced with words" regarding advertizing in the field of financial services (except the stock market) and in the payment market";

to exclude paragraph two of subitem 9;

2) in Item 10:

in subitem 3 of the word "websites, software applications (mobile applications, payment applications)" shall be replaced with words "websites, including their mobile version, software applications (mobile applications, payment and mobile applications)";

add subitem 5 with words ", on distribution of information on financial/payment services and accompanying services, information materials and methods of the offer, sale of financial and accompanying services, attraction to provision of financial services of intermediaries";

state subitem 8 in the following edition:

"8) provision of recommendations about protection of the rights and legitimate interests of consumers, including concerning increase in financial awareness of consumers on conditions of financial and/or accompanying services;";

in subitem 9 of the word of "the carried-out supervision of compliance with law" shall be replaced with words "the carried-out permanent supervision and inspection inspections regarding compliance with law";

state subitem 10 in the following edition:

"10) cooperation with other bodies within the competence for ensuring consumer protection, including exchange of information concerning claims of consumers, offenses in the market of financial services, persons made responsible;";

add Item with the new subitem of the following content:

"15) information analysis, Ukraine received when implementing supervision of compliance with law about consumer protection of financial/payment services of other suppliers of financial/payment, accompanying services.";

The subitem 2 of Item 13 to state 3) in the following edition:

"2) the direction of written request / requirement to predostavitel of financial, accompanying services (including financial payment services) and obtaining from it additional information / documents (and their copies) / written explanations (if necessary);";

4) in Item 14:

in subitem 1:

the subitem after the words "about financial services (including financial payment services)" to add with the word "products;";

shall be replaced with words the words "on own websites, in software applications (mobile applications, payment applications)" "on own websites, including their mobile version, in software applications (mobile applications, payment and mobile applications)";

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

"1-1) information on financial/payment services and accompanying services, information materials and methods of the offer, sale of financial and accompanying services, information on attraction to provision of financial services of intermediaries;";

state subitem 4 in the following edition:

"4) information, documents (their copies), written explanations which are available for National Bank in connection with accomplishment by it of the functions and powers;";

Item 18 to state 5) in the following edition:

"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, including violations of requirements of the Law on financial services, the Law on consumer crediting, the Laws of Ukraine "About insurance", "About credit unions" and other legislation of Ukraine regarding the obligation of provision of information, documents and their copies (in paper or electronic form), written explanations for National Bank, including on written request / requirement, or implementation signs are drawn up by predostavitel of non-bank financial services of risk activities in the form of the reference according to the Section V of this provision.".

3. In Item 24 of the Section IV:

Shall be replaced with words 1) in subitem 4 of the word "posted on websites, in software applications (mobile applications)" "posted on websites, including their mobile version, in software applications (mobile applications and appendices)";

Shall be replaced with words 2) in subitem 6 of the word "on own website, in software application (mobile application)" "on own website, including its mobile version, in software application (mobile application and appendix)".

4. In the Section V:

1) Item 27 after the word "request" to add with the word "/the requirement";

Item 28 to state 2) in the following edition:

"28. The written request / requirement for 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 / requirement of National Bank, directed/sent to predostavitel 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 / requirement for the e-mail address of the supplier of financial services (including financial payment services), predostavitel 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 written request / requirement in electronic form directs to object of supervision to the e-mail address certified according to the procedure, established by the legislation of Ukraine, the copy of written request / requirement 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 time in which representation of written explanations, information and documents from objects of supervision is required is established taking into account amounts of required information and there cannot be less, than term established by the legislation of Ukraine.";

Item 29 to state 3) in the following edition:

"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 written request / requirement of National Bank, amounts and in the time established in this request/present the requirement.";

4) in Item 30:

word in paragraph four "on request of National Bank" shall be replaced with words "on written request / requirement of National Bank";

paragraphs of the fifth, sixth after the word "request" to add with the word "/the requirement";

5) the third offer of Item 33 to state in the following edition:

"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 to its e-mail address certified according to the procedure, established by the legislation of Ukraine, the copy of the Reference or transfers it in paper form purposely.";

Item 34 to state 6) in the following edition:

"34. The National Bank directs to object of supervision the copy of the Reference 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 submits one copy of the Reference in paper form 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 of the Reference in the paper form remaining in National Bank.";

Has the right to send the copy of the Reference in paper form shall be replaced with words 7) in Item 35 of the word "has the right to send the Reference in paper form" "";

8) in Item 36 of the word "The Reference in Paper Form" shall be replaced with words "The copy of the reference in paper form";

Item 41 to add 9) with the words "and inspection check regarding consumer protection of financial/payment services".

5. Exclude the Section VI.

6. In appendices to the Provision:

1) in Appendix 1:

in mark to appendix to replace the word and figure "Appendix 1" with the word "Appendix";

state Item 1 in the following edition:

"1. This Reference is constituted by the National Bank of Ukraine according 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 from _____ ____________ 20 _______ years No. __________ by results of implementation of permanent supervision

_____________________________________________________________________________

(on compliance with law of Ukraine about consumer protection of financial/payment

services / limited payment services / on observance of requirements for ethical behavior)

in connection with identification of violations of the law of Ukraine, including the regulatory legal acts of the National Bank of Ukraine regulating

____________________________________________________________________________,

(subject of regulation of regulatory legal acts which violation is revealed)

or in connection with identification of violations of the law of Ukraine "About financial services and finance companies" / the Law of Ukraine "About consumer crediting" / the Law of Ukraine "About insurance" / the Law of Ukraine "About credit unions" and other legislation of Ukraine regarding the obligation of provision of information, documents and their copies (in paper or electronic form), written explanations for the National Bank of Ukraine, including on written request / requirement, committed

____________________________________________________________________________.

(full name, code according to the Unified state register of the companies are specified

and organizations of Ukraine of object of supervision"";

Appendix 2 to exclude 2).

7. In the text of the Provision of the reference to appendix 1 to replace with the reference to appendix.

 

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