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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of March 22, 2024 No. 35

About approval of the Regulations on procedure for renewal of temporarily stopped licenses and introduction of amendments to the resolution of Board of the National Bank of Ukraine of August 12, 2022 No. 177

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 21, of Item 9-1 of the Section VII of the Law of Ukraine "About financial services and finance companies", article 114 of the Law of Ukraine "About insurance", article 37 of the Law of Ukraine "About credit unions", article 9 of the Law of Ukraine "About currency and currency transactions", the Law of Ukraine "About legal regime of warlike situation", the Presidential decree of Ukraine of February 24, 2022 No. 64/2022 "About introduction of warlike situation in Ukraine", No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine"", for the purpose of determination of procedure for updating of the licenses which are temporarily stopped according to Item 9-1 of the Section VII of the Law of Ukraine "About financial services and finance companies" the Board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure for renewal of temporarily stopped licenses (further - the Provision).

2. Bring in the resolution of Board of the National Bank of Ukraine of August 12, 2022 No. 177 "About features of application of procedures of registration and licensing of participants of the market of non-bank financial services during action of warlike situation and introduction of amendments to the resolution of Board of the National Bank of Ukraine of March 06, 2022 No. 39" (with changes) the following changes:

Item 7 to add 1) with the new paragraph of the following content:

"The National Bank performs exception of the State register of financial organizations / the Register of payment infrastructure / the electronic register of licenses for implementation of currency transactions and persons which grants licenses for implementation of currency transactions which is conducted by National Bank, the information about person on whom the decision specified in paragraph one of Item 7 of this resolution within three working days from the date of adoption of such decision by National Bank is made.";

Item 7-1 to state 2) in the following edition:

"7-1. The documents determined by this resolution, relatively:

1) direct and final owners of essential participation in non-bank financial institutions, the location, the permanent residence, place of registration (further - the location) which as of February 24, 2022 is settlements of the territories included in the List are represented if concerning their location there were such changes:

date of completion of fighting actions / is determined/is changed temporary occupation of the territory of the respective settlement - within 90 calendar days from the date of determination/change of date of completion of fighting actions / temporary occupation of the territory of the respective settlement;

the location is changed before entry into force of the regulatory legal act of National Bank about procedure for renewal of temporarily stopped licenses for the settlement of the territory which is not included in the List, or the settlement of the territory included in the List concerning which date of completion of fighting actions / temporary occupation of such territory is specified, - within 90 calendar days from the date of entry into force of the regulatory legal act of National Bank about procedure for renewal of temporarily stopped licenses;

the location is changed after entry into force of the regulatory legal act of National Bank about procedure for renewal of temporarily stopped licenses for the settlement of the territory which is not included in the List, or the settlement of the territory included in the List concerning which date of completion of fighting actions / temporary occupation of such territory, - within 90 calendar days from the date of change of the location is specified;

2) final owners - the physical persons which are called up or accepted for military service in the Armed Forces of Ukraine, others, formed according to the laws of Ukraine of military forming, the Security Service of Ukraine or bodies and divisions of civil protection and territorial defense - within 90 calendar days after termination/cancellation of warlike situation in Ukraine.".

3. To Predostaviteli of financial services which licenses were temporarily stopped according to Item 9-1 of the Section VII of the Law of Ukraine "About financial services and finance companies" and which about day of entering into the List of the territories in which are conducted (were conducted) fighting or No. which are temporarily occupied by the Russian Federation, the Ministry of questions of reintegration of temporarily occupied territories of Ukraine approved by the order of December 22, 2022 309, registered in the Ministry of Justice of Ukraine on December 23, 2022 at No. 1668/39004 (with changes) (further - the List), data which determine date of completion of temporary occupation of the territory changed the location from temporarily occupied territory and their new location according to data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming there was settlement of the territory which is not included in the List or the territory included in Item 1 of the Section I of the List or concerning which in the list date of completion of fighting actions / temporary occupation, for renewal of license for activities on provision of financial services / licenses on implementation of economic activity in provision of financial services is specified (except professional activity in the security market) / licenses for activities on license insurance on activities of the financial company / license on activities of the pawnshop/license for activities of the credit union / license on implementation of currency transactions granted by State commission on regulation of the markets of financial services of Ukraine / the National commission, performing state regulation in the field of the markets of financial services / the National Bank of Ukraine, have the right to file in the National Bank of Ukraine petition for renewal of the license, Ukraine which is temporarily stopped according to Item 9-1 of the Section VII of the Law "About financial services and finance companies", and documents according to the Section II of Provisions.

The National Bank of Ukraine performs consideration of the documents determined by paragraph one of Item 3 of this resolution, according to the procedure, specified in the Section III of Provisions.

4. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform suppliers of financial services information on adoption of this resolution.

5. 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 March 22, 2024 No. 35

Regulations on procedure for renewal of temporarily stopped licenses

I. General provisions

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

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

1) day of receipt of complete packet of documents - registration date in the National Bank of Ukraine (further - National Bank) the document package given in full according to the list of documents determined by this Provision;

2) the applicant - predostavitel of financial services who files petition for the renewal of temporarily stopped license according to the procedure determined by this Provision;

3) predostavitel of financial services - financial institution, and in the cases which are directly determined by special laws - other legal entity or branch of the foreign legal entity who has the right to provide financial services according to the Financial services act and special laws (including the legal entity who is not financial institution, but has the right to provide separate financial services);

4) temporarily suspended license - license for activities on provision of financial services / the license for implementation of economic activity on provision of financial services (except professional activity in the security market) / license for activities on the insurance/license for activities of the financial company / the license for activities pawnshop/license for activities of the credit union / the license for implementation of currency transactions granted by State commission on regulation of the markets of financial services of Ukraine / the National commission, performing state regulation in the field of the markets of financial services / National Bank is temporarily stopped according to Item 9-1 of the Section VII of the Financial services act;

5) the authorized representative of the supplier of financial services - the physical person having the right to making of the corresponding actions on behalf of the supplier of financial services based on the law, the charter, the power of attorney or other document on provision of such powers according to the legislation of Ukraine including the head.

Other terms used in this Provision get on in the values determined by the laws of Ukraine, regulatory legal acts of National Bank concerning regulation of the markets of financial services.

3. This Provision determines procedure for updating by National Bank of license for activities by provision of financial services / licenses on implementation of economic activity in provision of financial services (except professional activity in the security market) / licenses for activities on license insurance on activities of the financial company / license on activities of the pawnshop/license for activities of the credit union / license on implementation of currency transactions granted by State commission on regulation of the markets of financial services of Ukraine / the National commission, performing state regulation in the field of the markets of financial services / National Bank, temporarily stopped according to Item 9-1 of the Section VII of the Financial services act.

4. The supplier of financial services shall file to National Bank the documents determined by this Provision taking into account requirements of the Regulations on general requirements to documents and procedure for their submission to the National Bank of Ukraine within separate procedures approved by the resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 200 (further - Regulations on general requirements to documents and procedure for their representation).

II. Procedure for submission of documents for updating of temporarily stopped license

5. Predostavitel of financial services has the right to file in National Bank petition for renewal of temporarily stopped license to which shall file the documents specified in Item 7 of the Section II of this provision within 90 calendar days from the date of entering into the Section II of the List of the territories in which are conducted fighting or No. which are temporarily occupied by the Russian Federation, the Ministry of questions of reintegration of temporarily occupied territories of Ukraine approved by the order of December 22, 2022 309, registered in the Ministry of Justice of Ukraine on December 23, 2022 at No. 1668/39004 (with changes) (further - the List), data which determine date of completion of temporary occupation of the territory of its location (was conducted).

6. The supplier of financial services constitutes the statement determined in Item 5 of the Section II of this provision, in any form in which the following information shall be specified:

1) name of the supplier of financial services;

2) code of the legal entity in the Unified state register of the companies and organizations of Ukraine;

3) the location of the supplier of financial services according to data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming with indication of territory code according to the list (in the presence);

4) date and number of the decision/order about licensing for implementation of activities for provision of financial services / licenses for implementation of economic activity in provision of financial services (except professional activity in the security market) / licenses for activities on license insurance on activities of the financial company / license on activities of pawnshop/license for activities of the credit union / license on implementation of currency transactions which/which are temporarily stopped license / temporarily stopped licenses;

5) the e-mail address of the supplier of financial services for implementation of official communication with National Bank;

6) concerning the authorized representative of the supplier of financial services:

surname, own name, middle name (in the presence) persons;

contact information about personality-contact phone number, the e-mail address;

the document based on which the authorized representative performs the powers;

7) signature date of the statement;

8) signature of the head / authorized representative of the supplier of financial services.

7. The supplier of financial services shall give giving, urgent as of date, together with the statement:

1) the questionnaire constituted in the form approved by the administrative act of National Bank which moves in National Bank according to Regulations on authorization of suppliers of financial services and condition of implementation by them of activities for provision of financial services, the approved resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 199 (with changes) (dalee-Polozheniye about authorization), and placed on the page of official Internet representative office of National Bank;

2) written assurance of any form about:

compliance of the supplier of financial services to requirements of the Regulations on authorization;

not implementation by the authorized representative / head / participant (shareholder) / key face / worker of the supplier of financial services of actions which have signs of implementation of kollaboratsionny activities, certain article 111-1 of the Criminal code of Ukraine;

not implementation by predostavitel of financial services of activities for provision of financial services from the moment of temporary suspension of the license;

3) information and documents concerning the head / the key person / worker responsible for carrying out financial monitoring (further - the ranking officer) the supplier of financial services:

the message on the head, key person, the ranking officer constituted in the form approved by the administrative act of National Bank and placed on the page of official Internet representative office of National Bank and the copy of the decision of authorized body on election (appointment) of such persons or the statement from it;

the documents for identification of the head, key person, the ranking officer determined by Regulations on general requirements to documents and procedure for their representation;

written assurance of the supplier of financial services of any form, confirmatory conducting check of compliance of the head of the supplier of financial services to requirements to professional suitability, goodwill, and independent members of the supervisory board, independent non-executive directors of the supplier of financial services also to the requirements concerning independence determined by the legislation of Ukraine, including Regulations on authorization;

the documents confirming performed compliance of the head of the supplier of financial services to requirements to professional suitability, goodwill, and independent members of the supervisory board, independent non-executive directors of the supplier of financial services also to requirements for independence, by certain legislation of Ukraine;

the questionnaire of the head, key face of the applicant/supplier of financial services / the supplier of limited payment services constituted in the form approved by the administrative act of National Bank and placed on the page of official Internet representative office of National Bank;

the copy reference/information (extraction) of competent authority of the country of the permanent residence and nationality of the head, key face of the supplier of financial services on that, is or not he / she has criminal records;

4) the data on structure of property of the supplier of financial services constituted according to requirements of the regulatory legal act of National Bank which establishes requirements to structure of property of suppliers of financial services;

5) information concerning participants (shareholders), owners of essential participation of the supplier of financial services [for members (shareholders)/owners of essential participation who are legal entities - also members of their executive body and the supervisory board (in the presence)]:

the documents for identification of participants (shareholders), owners of essential participation of the supplier of financial services [for members (shareholders)/owners of essential participation who are legal entities, - also members of their executive body and the supervisory board (in the presence)] determined by Regulations on general requirements to documents and procedure for their representation - for all suppliers of financial services, except the credit union / the joint credit union (do not move concerning the International financial institution, the public company, the state or territorial community);

documents for assessment of goodwill of owners of essential participation [for owners of essential participation legal entities - also members of executive body and the supervisory board (in the presence)] and all persons performing the mediated ownership of essential participation in provision of financial services, determined in the Section IV of Provisions on authorization - for all suppliers of financial services, except the credit union / the joint credit union (are not represented concerning persons whose assessment of goodwill is not performed);

written assurance of any form of representation of complete document package according to requirements of the resolution of Board of the National Bank of Ukraine of August 12, 2022 No. 177 "About features of application of procedures of registration and licensing of participants of the market of non-bank financial services during action of warlike situation and introduction of amendments to the resolution of Board of the National Bank of Ukraine of March 06, 2022 No. 39" (with changes) - for all suppliers of financial services, except the credit union / the joint credit union;

6) in case of increase or reduction of the authorized (compound) capital of the supplier of financial services - information and documents on change of the authorized (compound) capital according to Chapter 69 of the Section X or Chapter 71 of the Section XI of the Regulations on authorization.

8. The supplier of financial services shall notify National Bank on any changes in the documents (except the written assurance determined by the paragraph the fourth the subitem 5 of Item 7 of the Section II of this provision) which arose before adoption of the decision by National Bank by results of consideration of these documents submitted to National Bank together with the statement for renewal of temporarily stopped license and to file updated documents within five working days from the date of emergence of such changes.

The supplier of financial services shall notify National Bank on change of owners of essential participation in provision of financial services and/or the amount of their essential participation if such changes happened after submission of documents according to Items 6, of the 7th Section II of this provision, and to file to National Bank documents according to requirements of the Regulations on authorization concerning such owners of essential participation in provision of financial services within five working days from the date of emergence of such changes.

9. Temporarily stopped license of the supplier of financial services is considered cancelled from 91 calendar days from the date of entering into the List of data which determine date of completion of temporary occupation of the territory of its location if the supplier of financial services did not file in the National Bank petition for renewal of temporarily stopped license in time determined by Item 9-1 of the Section VII of the Financial services act.

III. Procedure for consideration of documents for updating of temporarily stopped license

10. The National Bank makes the decision on renewal of temporarily stopped license or on refusal in renewal of temporarily stopped license within 30 working days from the date of receipt of the complete document package determined in the Section II of this provision [the decision is made by Committee on questions of supervision and regulation of activities of the markets of non-bank financial services (further - Committee on questions of supervision)].

The National Bank performs consideration of the documents determined by subitems 3, 5 (including assessment by National Bank of goodwill of legal entities and physical persons), the 6th Item 7 and paragraph two of Item 8 of the Section II of this provision, according to the procedure, determined by Regulations on authorization.

11. The National Bank has the right to extend the term of consideration of the document package given for updating of temporarily stopped license, but no more than for 30 working days, in case of need checks of reliability provided to documents/information and/or receipts of additional documents / information for decision making.

The National Bank notifies the applicant on the term for which consideration of document package, by the direction to the applicant of the notification in writing is extended (in the form of the paper or electronic document with observance of requirements of the legislation of Ukraine).

12. The National Bank has the right to require, and the supplier of financial services shall provide to National Bank the additional information, documents and the explanations necessary for refining/verification of the documents filed by the supplier of financial services for confirmation of its compliance to requirements of the Regulations on authorization.

13. The National Bank shall specify in the letter on provision of the additional information, the documents and explanations necessary for refining/verification of documents, according to Item 12 of the Section III of this provision:

1) the bases which caused need of its direction;

2) notes to the filed documents if documents do not conform to requirements of the legislation of Ukraine, considering requirements of this provision;

3) the list of information, the documents and explanations, necessary, for refining/verification of the documents submitted by the supplier of financial services and also for the complete and comprehensive analysis and adoption of the motivated decision by National Bank according to this Provision;

4) term of provision of the additional information, documents and explanations.

14. The National Bank establishes provision term predostavitel of financial services of the additional information, documents and explanations taking into account amount of required information, documents (or their copies) and explanations, but at least seven working days from the date of the direction of the letter on provision of the additional information, documents and explanations.

15. The term of consideration of the document package given for updating of temporarily stopped license stops from the date of, the direction of the letter on provision of the additional information, documents and explanations following behind day, and proceeds from the date of, the obtaining by National Bank following behind day from the supplier of financial services of all additional / corrected documents, information and explanations. Predostavitel of financial services has the right to submit the reasonable petition for prolongation of the term of provision of information/documents and explanations established in the letter.

16. The National Bank has the right to invite the supplier of financial services for participation on committee meeting concerning supervision on consideration of question of renewal/refusal in renewal of temporarily stopped license for the purpose of provision of explanations/objections.

The authorized representative of the supplier of financial services has the right to participate in committee meeting concerning supervision personally or remotely by means of means audio-, video conference. The specific method of participation in committee meeting on supervision of the authorized representative of the supplier of financial services, the supplier of financial services is determined by National Bank in the corresponding invitation.

The invitation is sent not later than seven calendar days about day of holding committee meeting concerning supervision to one of the following methods:

1) in electronic form - on the single e-mail address of the supplier of financial services together with the cover letter signed by the qualified digital signature of the authorized person of National Bank;

2) in paper form - on the postal address of the supplier of financial services by the registered mail with the assurance of receipt together with the copy of the cover letter certified according to the procedure, established by the legislation of Ukraine.

Absence (absence or nonparticipation remotely) the authorized representative of the supplier of financial services in committee meeting concerning supervision is not the basis for adjournment of consideration of question that according to this Provision is within the competence of Committee on questions of supervision.

17. The National Bank has the right to refuse renewal of temporarily stopped license on the following bases:

1) representation of incomplete document package or availability in the submitted documents of unreliable information;

2) discrepancy of the applicant to conditions of implementation of activities for provision of financial services;

3) non-compliance by the applicant with the requirements determined by Item 9-1 of the Section VII of the Financial services act.

18. The National Bank sends to the supplier of financial services the notification on the made decision on renewal/refusal in renewal of temporarily stopped license together with the copy of such decision within three working days from the date of its acceptance by one of the following methods:

1) in electronic form - on the single e-mail address of the supplier of financial services together with the cover letter signed by the qualified digital signature of the authorized person of National Bank;

2) in paper form - on the postal address of the supplier of financial services by the registered mail with the assurance of receipt together with the copy of the cover letter certified according to the procedure, established by the legislation of Ukraine.

19. Temporarily stopped license renews from the date of entry into force of the decision of National Bank on its renewal.

20. Temporarily stopped license which renewal it is refused is considered temporarily stopped license cancelled from the date of entry into force of the decision of National Bank on refusal in renewal.

21. National Bank within three working days from the date of decision making about renewal of temporarily stopped license of the supplier of financial services:

1) excludes the supplier of financial services from the list of suppliers of financial services whose licenses are temporarily stopped according to Item 9-1 of the Section VII of the Financial services act promulgated on the page of official Internet representative office of National Bank;

2) will promulgate information on renewal of the corresponding license of the supplier of financial services on the page of official Internet representative office of National Bank;

3) is entered in the State register of financial organizations / by the Register of persons which are not financial institutions, but having the right to provide separate financial services / the Register of payment infrastructure / the electronic register of licenses for implementation of currency transactions and persons which grants licenses for implementation of currency transactions which is conducted by National Bank, record about renewal of the license which was temporarily stopped according to Item 9-1 of the Section VII of the Financial services act.

22. National Bank within three working days from the date of decision making about refusal in renewal of temporarily stopped license of the supplier of financial services / cancellation of the license of the supplier of financial services according to Item 9 of the Section II of this provision:

1) will promulgate information on cancellation of the corresponding license of the supplier of financial services on the page of official Internet representative office of National Bank;

2) is entered in the State register of financial organizations / by the Register of faces which are not financial institutions, but have the right to provide separate financial services / the Register of payment infrastructure / the electronic register of licenses for implementation of currency transactions and persons which grants licenses for implementation of currency transactions which are kept by National Bank, changes concerning cancellation of the license which was temporarily stopped according to Item 9-1 of the Section VII of the Financial services act, and changes concerning exception of data on predostavitel of financial services of the corresponding register.

 

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