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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 17, 2024 No. 86

About approval of Changes in some regulatory legal acts of the National Bank of Ukraine concerning regulation of activities of banking groups

According to Articles 7, 15, 55, 56, 58 Laws of Ukraine "About the National Bank of Ukraine", Articles 9, 66, 67, 69, 73 Laws of Ukraine "About banks and banking activity", Item 10 of the Section II of the Law of Ukraine of June 30, 2021 No. 1587-IX "About modification of some legal acts of Ukraine concerning enhancement of questions of the organization of corporate management in banks and other questions of functioning of bank system", Directives of the European parliament and Council 2013/36/EU of June 26, 2013 about access to activities of credit institutes and prudential supervision of credit institutes and investment firms, about modification of the directive 2002/87/EU and about cancellation of directives 2006/48/EU and 2006/49/EU, Directives of the European parliament and Council 2002/87/EU of December 16, 2002 about additional supervision of credit institutes, insurance companies by investment firms, belonging to financial conglomerate, and about modification of Directives of Council 73/239/EES, 79/267/EES, 92/49/EES, 92/96/EES, 93/6/EES and 93/22/EES, and also to directives of the European parliament and Council 98/78/EU and 2000/12/EU and Regulations of the European parliament and Council (EU) and about modification of Regulations (EU) No. 648/2012 [with the changes made by Regulations of the European parliament and Council (EU) 2019/876 of May 20, 2019], for the purpose of reduction of requirements to banking groups and/or subgroups of banking group regarding calculation of the capital, prudential standard rates, the minimum requirements for capital adequacy, forming of buffers of the capital to requirements of the European legislation the Board of the National Bank of Ukraine DECIDES: No. 575/2013 of June 26, 2013 about prudential requirements for credit institutes

1. Approve Changes in:

1) the Regulations on procedure for identification and recognition of banking groups approved by the resolution of Board of the National Bank of Ukraine of April 09, 2012 No. 134, No. 708/21021 registered in the Ministry of Justice of Ukraine on April 28, 2012 (with changes) which are applied;

2) the Regulations on procedure for regulation of activities of banking groups approved by the resolution of Board of the National Bank of Ukraine of June 20, 2012 No. 254, No. 1178/21490 registered in the Ministry of Justice of Ukraine on July 12, 2012 (with changes) (further - changes) which are applied.

2. To responsible persons of banking groups (further - responsible persons):

1) to develop, approve and enter till October 01, 2024 intra group documents by determination of the size of the regulatory capital and calculation of sufficiency of the regulatory capital, prudential standard rates of banking group, subgroups of banking group according to requirements of the Regulations on procedure for the regulation of activities of banking groups approved by the resolution of Board of the National Bank of Ukraine of June 20, 2012 No. 254, No. 1178/21490 registered in the Ministry of Justice of Ukraine on July 12, 2012 (with changes) (further - No. provision 254), taking into account changes;

2) starting with the reporting as of October 01, 2024 to perfrom calculation of the regulatory capital, sufficiency of the regulatory capital, prudential standard rates according to the Provision No. 254 taking into account Changes;

3) to submit data on observance of requirements concerning sufficiency of the regulatory capital, prudential standard rates banking group and its subgroups as of October 01, 2024 according to procedure for forming of indicators of the statistical reporting, placed on the page of official Internet representative office of the National Bank of Ukraine in the Section "Statistics/organization of the Statistical Reporting / Register of Indicators of the Statistical Reporting", and taking into account information on submission of such data placed on the web portal of the National Bank of Ukraine (further - National Bank).

3. Responsible persons in case of application of requirements of the Provision No. 254 taking into account Changes have the right:

1) till December 31, 2024 (inclusive) to include in components of fixed capital of 1 level of credit and investment subgroup (further - OK1KIP) the fees in the unregistered authorized capital received as payment of simple shares / directed to increase in nominal value of common shares, as of day of entry into force of this resolution if the responsible person created judgment that there are no bases to consider that state registration of corresponding changes in the charter of the member of banking group will not take place;

To include 2) in components of the supplementary capital of 1 level, the capital 2 levels of credit and investment subgroup the components determined in the subitem 3 of Item 3 of the Resolution of Board of the National Bank of Ukraine "About approval of Changes in some regulatory legal acts of the National Bank of Ukraine and establishment of transitional regulations on introduction of updated requirements to the capital of banks" of June 07, 2024 No. 65 (further - the resolution No. 65);

3) till June 30, 2025 (inclusive) in case of application of requirements of Item 3 of Chapter 4 of the Section II of Provisions No. 254 to include in OK1KIP profit for the intermediate accounting period without approval of its inclusion by National Bank and without carrying out survey intermediate consolidated / subconsolidated financial statements of bank group / subgroup of banking group in the amount which is not exceeding the cumulative size of the income of participating banks of banking group for the corresponding intermediate accounting period which were included in fixed capital of 1 level of these banks according to requirements of the Regulations on procedure for determination by banks of Ukraine for the size of the regulatory capital approved by the resolution of Board of the National Bank of Ukraine of December 28, 2023 No. 196 (with changes), taking into account the subitem 2 of Item 3 of the Resolution No. 65.

4. The National Bank does not apply to responsible persons of corrective action on:

1) submission to National Bank of the statistical reporting on observance of requirements concerning sufficiency of the regulatory capital, prudential standard rates banking group and its subgroups with reporting dates from October 01, 2024 to July 01, 2025 in which the mistakes connected with transition to calculation of the size of the capital according to requirements of the Provision No. 254 taking into account changes are revealed;

2) violations during the period from October 01, 2024 to July 01, 2025 by banking group and/or subgroup of banking group of requirements concerning the sufficiency of the regulatory capital, values of standard rates of the capital, credit risk, investment (further - prudential standard rates) established No. Provision 254, connected with introduction of changes provided that the responsible person within 45 calendar days from the date of violation submitted to National Bank the program of capitalization of banking group (further - the program) and is provided by accomplishment of the program approved by National Bank in the terms determined in it.

5. The responsible person to who requirements of the subitem 2 of item 4 of this resolution extend constitutes the program according to requirements of the Section III of the Provisions on application of corrective actions by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 17, 2012 No. 346, No. 1590/21902 registered in the Ministry of Justice of Ukraine on September 17, 2012 (with changes) which shall contain list of actions for capitalization which will provide observance by banking group and/or subgroup of banking group of prudential standard rates that reasonable periods of accomplishment of each action and calculations of economic effect of their implementation, and also documentary confirmation of sales opportunity of the planned actions are determined by the responsible person taking into account strategy and the business plan of bank group / members of banking group.

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