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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 27, 2024 No. 189

About approval of Changes in Regulations on application of corrective actions by the National Bank of Ukraine

According to Articles 7, 15 and 56 Laws of Ukraine "About the National Bank of Ukraine", Articles 66, of 67, 73 and 74 Laws of Ukraine "About banks and banking activity", Articles 2, of 17, of 32, of 33, of 34, of 36, of 43, of 47, of 49, of 51, of 54, of 63, of 64, of 71, 75 Laws of Ukraine "About ministerial procedure", for the purpose of harmonization of procedures of the National Bank of Ukraine concerning application of corrective actions by the National Bank of Ukraine with the general principles of the administrative right, increase in transparency and efficiency of accomplishment of functions of public administration by the National Bank of Ukraine, and also enhancement of procedure for application of corrective actions by the National Bank of Ukraine, financial / penalties against banks, branches of foreign banks and other persons who are covered by supervising activities of the National Bank of Ukraine the Board of the National Bank of Ukraine decides:

1. Approve the Change in Regulations 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, registered in the Ministry of Justice of Ukraine on September 17, 2012 at No. 1590/21902 (with the enclosed changes).

2. The resolution becomes effective since January 1, 2025.

Approved by the Resolution of Board of the National Bank of Ukraine of December 27, 2024, No. 189

Changes in Regulations on application of corrective actions by the National Bank of Ukraine

1. In the Section I:

1) in Chapter 1:

in Item 1.2:

the ninth subitem 1 to state the paragraph in the following edition:

"requirements and/or decisions of National Bank made according to articles 66 and 67 of the Law on banks;";

add subitem 3 with words "(further - implementation of risk activities)";

add Chapter with new Item of the following content:

"1.4. The National Bank performs administrative production on decision making, determined by this provision, according to the Law of Ukraine "About ministerial procedure" taking into account the features established by the Law of Ukraine "About the National Bank of Ukraine", the Law on banks.";

2) in Chapter 3:

in Item 3.1:

in paragraph one of the word "based on results and/or materials" shall be replaced with words "by results";

the ninth to state the paragraph in the following edition:

"application of foreign and/or Ukrainian sanctions";

state Item 3.2 in the following edition:

"3.2. Materials of administrative production concerning violation of the law of Ukraine from the list determined in subitems 1, 2 Items 1.2 of Chapter 1 of the Section I of this provision, implementation of risk activities, application of the sanctions determined in the subitem 4 of Item 1.2 of Chapter 1 of the Section I of this provision (further - administrative production), are any documents:

1) bank, requirements of the legislation, regulatory legal acts of National Bank, testimonial of violation;

2) National Bank in which violation by bank of requirements of the legislation, the regulatory legal acts of National Bank, including fixing of the fact of failure to provide by bank of access authorized by National Bank of persons / the duly authorized officer (duly authorized officers) of National Bank on implementation of supervision of activities of bank to information systems and/or premises of bank, and/or to systems of automation of banking activities is fixed;

3) the documents containing information obtained from relevant organs of foreign states (except the states which performed or performing the armed aggression against Ukraine in the value given in the Law of Ukraine "About defense of Ukraine"), interstate associations or the international organizations, public authorities of Ukraine, and/or officially published (promulgated, including by placement on official websites) information on application of foreign and/or Ukrainian sanctions;

4) other documents concerning administrative production.";

to add Chapter after Item 3.3 with three new Items 3.4-3.6 of the following content:

"3.4. The beginning of administrative production is day of creation of the reference/act / other document in which circumstances which can be the basis for application of measure of impact/presentation of the written requirement by National Bank are fixed, revealed by results of supervision/control.

The National Bank instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day) after the beginning of administrative production sends to the bank/branch of foreign bank or other person which became object of check of National Bank, the notification on the beginning of administrative production.

The notification on the beginning of administrative production is drawn up as the letter of National Bank signed by the authorized officer of National bank / head of the structural unit of National Bank which initiated administrative production / head of inspection team and goes by e-mail or mail on papers (the registered mail with the assurance of receipt), or it is provided under the signature to the representative of bank/branch of the foreign bank or other person which became object of check of National Bank.

Execution of the notification on the beginning of administrative production, procedure and terms of sending such notification by National Bank, its content, actions of bank/branch of the foreign bank or other person which became object of check of National Bank concerning such notification and the obtaining fact (bringing to data) of the notification on the beginning of administrative production by results of permanent supervision of compliance with law of Ukraine about consumer protection in the market of financial services and in the payment market is determined 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, No. 198 approved by the resolution of Board of the National Bank of Ukraine of September 02, 2022 (in edition of the resolution of Board of the National Bank of Ukraine of September 28, 2023 No. 118) (with changes).

The National Bank will promulgate the message on the beginning of administrative production (except information with limited access) on pages of official Internet representative office of National Bank in case of non receipt of information according to the procedure determined in subitems 1-3 of Item 3.5 of Chapter 3 of the Section I of this provision.

In the message on the beginning of administrative production are specified:

1) legal basis of the beginning of administrative production;

2) the rights and obligations of bank/branch of the foreign bank or other person which became object of check of National Bank including the right to give explanations/objections concerning the revealed violations, method and term of their representation;

3) procedure for acquaintance with materials of administrative production.

The National Bank refuses acquaintance with that part of materials or with those data in materials of administrative production which contain information with limited access and which owner is not the bank/branch of foreign bank or other person which became object of check of National Bank.

The National Bank provides access to that part of materials or those data in materials of administrative production which contain information with limited access, in amount which is objectively necessary for consideration of administrative case or protection of the rights of his participants, after signing by the representative of bank/branch of the foreign bank or other person which became object of check of National Bank, non-disclosure obligation of information with limited access.

3.5. The fact of receipt of foreign bank by the bank/branch or other person which became object of check of National Bank the notification on the beginning of administrative production is fixed in materials of administrative production in one of the next days:

1) day of receipt of foreign bank by the bank/branch or other person which became object of check of National Bank, the notification fixed by system of e-mail (in the presence of assurance of receipt);

2) the day of obtaining specified in the assurance of receipt of the notification of bank/branch of foreign bank or to other face which became object of check of National Bank (in case of sending the notification by mail the registered mail);

3) the day of receipt of the notification specified by the representative of bank/branch of the foreign bank or other person which became object of check of National Bank on the second copy of the notification in paper form (in case of delivery of the notification under the signature to the representative);

4) day of promulgation of information on the beginning of administrative production on pages of official Internet representative office of National Bank.

3.6. The notification on the beginning of administrative production is considered / other person which became the object of check of National Bank brought to the attention of bank/branch of foreign bank in case of its direction / placement according to Item 3.4 of Chapter 3 of the Section I of this provision, including non receipt case for the reasons of information on the receipt of the notification, independent of National Bank, according to the procedure established in Item 3.5 of Chapter 3 of the Section I of this provision.".

With respect thereto to consider Items 3.4-3.11 respectively Items 3.7-3.14;

in Item 3.7:

in paragraph one to replace the word of "oversight" with the word of "oversight";

to add Item after paragraph one with two new paragraphs second and third the following content:

"The procedural decisions made prior to direct consideration by Board of National Bank or Committee on questions of supervision the question of the solution of administrative case accepts the authorized officer of National bank / the head of the structural unit of National Bank which initiated administrative production.

Procedural decisions later began considerations of question of the solution of administrative case directly by Board of National Bank or Committee on questions of supervision accepts board of National Bank or Committee on questions of supervision.";

in Item 3.9:

state subitem 1 in the following edition:

"1) content (name) of the corrective action applied to bank/branch of the foreign bank or other person which became object of check of National Bank;";

in subitem 3 of the word "implementation by bank of the risk activities menacing to interests of investors or other creditors of bank" shall be replaced with words "implementation of risk activities by bank";

to add Item after subitem 5 with four new subitems of the following content:

"6) information on the right of bank/branch of the foreign bank or other face which became object of check of National Bank to appeal the decision;

7) information on method, procedure and term of appeal of the decision, including information on court to which person can submit claim;

8) information that appeal of the decision judicially does not stop its accomplishment, with indication of legal basis for this purpose;

9) the term of the introduction of the decision in force.";

replace Item 3.10 with two new Items 3. 10, 3.11 following contents:

"3.10. The National Bank in case of consideration of question of application of corrective action to bank/branch of the foreign bank or other person which became object of check of National Bank invites to board meeting of National Bank or Committee on questions of supervision for provision of explanations/objections concerning the allowed violations / the signs of implementation of risk activities revealed by National Bank person (persons) of bank/branch of foreign bank authorized (representatives) or other person (the authorized representative of the legal entity) which became object of check of National Bank and concerning which (which) shall make such decision.

The invitation signed by the authorized officer of National bank / head of the structural unit of the National Bank initiating administrative production goes by e-mail or by mail on papers (the registered mail with the assurance of receipt) in bank/branch of the foreign bank or other person which became object of check of National Bank is handed under the signature to the representative not later than two working days about day of holding board meeting of National Bank or Committee on questions of supervision.

The National Bank will promulgate invitations on pages of official Internet representative office of National Bank in case of non receipt from bank/branch of the foreign bank or other person which became object of check of National Bank, the notification in the terms and procedure determined in Item 3.11 of Chapter 3 of the Section I of this provision.

In the invitation the following data are specified:

1) question which will be considered on board meeting of National Bank or committee on supervision, and the purpose with which the person/representative is invited (for provision of explanations, objections);

2) date, time and the place where person, or information on holding board meeting of National Bank or Committee on questions of supervision in the video conference mode is invited;

3) the name of collegiate organ of National Bank which will consider question of application of corrective action;

4) data on the contact person of National Bank: surname, own name, middle name (in the presence), phone number, e-mail address;

5) the message that absence of the invited person on board meeting of National Bank or Committee on questions of supervision is not the basis for transfer of consideration of question of application of corrective action to bank/branch of the foreign bank or other person which became object of check of National Bank and is not obstacle for adoption of the relevant decision;

6) other data (if necessary).

3.11. Shall notify the invited person no later than the next working day from the date of receipt of the invitation in writing National Bank about:

receipt of the invitation (except case of delivery of the invitation under the signature) and participation confirmation (with provision of the list of representatives for participation and specifying of the documents confirming their powers) or refusal of participation;

the need for participation in the video conference mode with reasons for such requirement (if the meeting is held on the location of National Bank);

the need for translation service, including the translator of sign language;

causes of failure from participation or impossibility to arrive by the invitation of National Bank.

The fact of receipt of the invitation by person is fixed in materials of administrative production, namely:

1) day of receipt of the invitation according to information from the invited person (in case of receipt of such information by National Bank);

2) the day of receipt of foreign bank by the bank/branch or other person which became object of check of National Bank, the invitation, fixed by system of e-mail (in the presence of assurance of receipt);

3) the day of obtaining specified in the assurance of receipt of the invitation to bank/branch of foreign bank or other face which became object of check of National Bank (in case of sending the invitation by mail the registered mail);

4) the day of receipt of the invitation specified by the representative of bank/branch of the foreign bank or other person which became object of check of National Bank on the second copy of the invitation in paper form (in case of delivery of the invitation under the signature to the representative);

5) day of promulgation of the invitation on pages of official Internet representative office of National Bank.

Absence of person invited properly on board meeting of National Bank or Committee on questions of supervision is not the basis for transfer of consideration of question of application of corrective action to bank/branch of the foreign bank or other person which became object of check of National Bank and is not obstacle for adoption of such decision.".

With respect thereto to consider Items 3.11-3.14 respectively Items 3.12-3.15;

state Item 3.13 in the following edition:

"3.13. The decision on application of measure the impact/decision on non-use of corrective action goes instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day) from the date of its acceptance with the cover letter by e-mail or mail on papers (the registered mail with the assurance of receipt) to bank/branch of foreign bank or other face which became object of check of National Bank and on which this decision is made. The decision on application of corrective action can be handed under the signature in the cases determined by this Provision.

The National Bank directs the decision on application of corrective action the bank/decision on non-use of corrective action according to the requirements for transfer of documents established by National Bank with access restriction signature stamp, except as specified, certain this Provision.

The fact of bringing the decision on application of measure of the impact/decision on non-use of corrective action to data of bank/branch of the foreign bank or other face which became object of check of National Bank is fixed in materials of administrative production, namely:

1) the day of receipt of foreign bank by the bank/branch or other person which became object of check of National Bank, the decision, fixed by system of e-mail (in the presence of assurance of receipt);

2) the day of obtaining specified in the assurance of receipt of the decision of bank/branch of foreign bank or to other face which became object of check of National Bank (in case of sending the decision by mail the registered mail);

3) the day of receipt of the decision specified by the representative of bank/branch of the foreign bank or other person which became object of check of National Bank on the second copy of the cover letter in paper form (in case of delivery of the decision under the signature to the representative);

4) day of promulgation of the decision on pages of official Internet representative office of National Bank.

The National Bank informs Fund of guaranteeing on the corrective actions applied to bank according to the procedure, defined by the agreement on cooperation between Fund of guaranteeing and National Bank.";

in the first offer of Item 3.14 of the word of "such decisions" shall be replaced with words "such decision";

add Chapter with two new Items of the following content:

"3.16. The decision on refusal in allowance of the application goes also the fact of its bringing to data of bank/branch of foreign bank or to other face which became object of check of National Bank is fixed in materials of administrative production according to the procedure, determined in Item 3.13 of Chapter 3 of the Section I of this provision.

The decision on refusal shall contain in allowance of the application:

1) the date of receipt of the statement and its summary;

2) actual facts of the case;

3) the contents of documents and the data considered when considering the case;

4) references to proofs or other case papers on which conclusions are based;

5) assessment of the circumstances revealed by National Bank and specifying of the conclusions drawn based on such assessment of the revealed circumstances;

6) information on the right of person who submitted the application to appeal such decision;

7) information on method, procedure and term of appeal of the decision, including information on type of court to which person can submit claim;

8) information that appeal of the decision judicially does not stop its accomplishment, with indication of legal basis for this purpose.

3.17. The National Bank makes the decision by results of consideration of the application of bank/branch of the foreign bank or other person which became object of check of National Bank within 30 days from the date of its receipt, except the case determined in paragraph five of Item 3.8 of Chapter 3 of the Section II of this provision.

The term of decision making can be once prolonged for the reasonable reasons, but no more than for 15 days with the notification on the reasons of prolongation of term of bank/branch of foreign bank not later than three working days before completion of the term specified in paragraph one of Item 3.17 of Chapter 3 of the Section I of this provision.";

3) in Chapter 4:

in Item 4.1 of the word "bank of violations in it" shall be replaced with words "the bank/branch of foreign bank or other person which became object of check of National Bank, violations in he (she)";

to add Chapter after Item 4.3 with new Item 4.4 of the following content:

4.4. The written requirement for results of supervision in the field of financial monitoring, currency supervision, supervision of observance of requirements of the sanctions legislation is brought to the attention of bank/branch of foreign bank instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day) from the date of its signing by its sending by e-mail or mail on papers (the registered mail with the assurance of receipt) or deliveries under the signature to the representative of bank/branch of foreign bank.

Day of finishing the written requirement for results of supervision in the field of financial monitoring, currency supervision, supervision of observance of requirements of the sanctions legislation note of bank/branch of foreign bank is day:

1) receipt of the written requirement by bank/branch of foreign bank, fixed by system of e-mail (in the presence of assurance of receipt);

2) the obtaining specified in the assurance of receipt of the written requirement of bank/branch of foreign bank (in case of the direction of the written requirement by mail the registered mail);

3) receipt of the written requirement specified by the representative of bank/branch of foreign bank on the second copy of the written requirement in paper form (in case of delivery of the written requirement under the signature to the representative).".

With respect thereto to consider Items 4.4-4.6 respectively Items 4.5-4.7.

2. In the Section II:

1) in Chapter 1:

state Item 1.1 in the following edition:

"1.1. The National Bank in need of promotion in bank/branch of the foreign bank or other person which became object of check of National Bank, the requirement for elimination of violation of the law of Ukraine from the list determined in subitems 1, 2 Items 1.2 of Chapter 1 of the Section I of this provision, and/or taking measures to non-admission of such violations applies further to bank/branch of the foreign bank or other person which became object of check of National Bank, such corrective action as written caution.";

exclude Item 1.4.

With respect thereto to consider Items 1.5-1.7 respectively Items 1.4-1.6;

state Items 1.4-1.6 in the following edition:

"1.4. The bank/branch of foreign bank or other person which became object of check of National Bank shall (about) tax to National Bank within five working days from the date of receipt of written clause the answer with indication of the term during which he / she shall solve the revealed problems and eliminate violations and/or take measures for non-admission of such violations further.

The National Bank within 20 days from the date of receipt of the answer or information with obligations of bank/branch of the foreign bank or other person which became object of check of National Bank on elimination of violations has the right to provide to them notes which are obligatory for accounting by bank/branch of foreign bank or other person which became object of check of National Bank.

1.5. The National Bank in case of failure to carry out by bank/branch of foreign bank or other person which became object of check of National Bank, requirements for elimination of the violations specified in written clause at the scheduled time or the requirements determined in Item 1.4 of Chapter 1 of the Section II of this provision considers question of application of other corrective action.

1.6. The written caution is not applied to the bank/branch of foreign bank or other person which became object of check of National Bank if the bank/branch of foreign bank or other person which became object of check of National Bank allowed violation which elimination requires more than two months. In this case other corrective action shall be applied to the bank/branch of foreign bank or other person which became object of check of National Bank.";

2) in Chapter 2:

Item in paragraph one 2.3 figures and the word "10 calendar" shall be replaced with words "eight workers";

state Item 2.5 in the following edition:

"2.5. The bank constitutes the actions plan for the term which does not exceed 120 days.

The actions plan shall be constituted taking into account requirements of Chapter 1 of the Section III of this provision and provide the specific measures directed to improvement of financial condition including forecast values of prudential standard rates, dynamics of balance sheet indicators.";

in Item 2.8 of the word of "credit risk" shall be replaced with words "the extent of credit risk on active banking activities, the extent of operational risk, the extent of market risk";

3) in Chapter 3:

the paragraph one of Item 3.1 after the word of "monitoring" to add with words of "the legislation regulating activities in the payment market";

in Item 3.5 of the word "seven calendar" shall be replaced with words "five workers";

in Item 3.7:

9, 10 to state subitems 5-7, in the following edition:

"5) restriction for growth in volumes of assets and liabilities of bank;

6) restriction of loan amount, provided to the faces tied with bank;

7) decrease in the size of percent on the attracted deposits;";

"9) restriction of the size of the amount which the bank can pay to the workers in the form of the salary and awards;

10) other restrictions in activities of bank;";

in the paragraph the twenty fourth "capital" to exclude the word;

the fifth Item 3.8 to replace the paragraph with four new paragraphs the fifth or eighth the following content;

"The National Bank till 15 days considers the draft of the written agreement provided by bank concerning justification, completeness and efficiency of the entered (provided) bank actions, restrictions in activities of bank for the purpose of elimination of violations, the termination of implementation of risk activities and prepares the conclusion about feasibility of its conclusion or considers question of application of other adequate corrective actions according to this Provision.

The National Bank in the presence of notes or amendments to the draft of the written agreement provided by bank sends bank the letter signed by the authorized officer of National Bank on need of completion of the draft of the written agreement to the time determined in the letter with reasonable notes to the draft of the written agreement.

The bank in case of impossibility to submit the modifed draft of the written agreement within the term determined by National Bank has the right to submit the application for suspension of administrative production for the term necessary for submission of the draft of the written agreement.

The National Bank in case of non-presentation by bank in certain time of the modifed draft of the written agreement or statement for suspension of administrative production makes the decision by result of consideration of the draft of the written agreement which is available for National Bank.";

state Item 3.10 in the following edition:

"3.10. The National Bank by results of consideration of the draft of the written agreement makes the decision about:

1) conclusion of the written agreement;

2) refusal in the conclusion of the written agreement (in case of inexpediency of its conclusion);

3) application to bank of other corrective action.

The decisions determined in subitems 1-3 of Item 3.10 of Chapter 3 of the Section II of this provision are accepted by board of National Bank or Committee on questions of supervision. The written agreement with bank from National Bank signs the board member of National Bank which according to the functional obligations performs management of the division of National Bank initiating application to bank of adequate measure of impact.";

in the paragraph the second Item 3.11 figures and the words "15 calendar days from the date of sending the letter by National Bank" shall be replaced with words "the term established in the letter of National Bank";

in Item 3.12:

in paragraph one:

shall be replaced with words the word "initiate" "submit to National Bank the application about";

add the paragraph with the words "with the project of corresponding changes";

in the paragraph the second to replace the word "address" with the word "statement";

the paragraph third after the word "agreements" to add with words "/the decision on refusal in allowance of the application";

Item 3.15 in paragraph one to replace the word "petition" with the word "statement";

in Item 3.16:

to add Item after the paragraph of third with two new paragraphs the fourth and fifth the following content:

"The National Bank makes the decision on refusal in allowance of the application of bank on early termination of action of the written agreement if the documents filed by bank do not confirm elimination of violations.

The decision on early termination of operation of the written agreement / refusal in allowance of the application of bank about early termination of action of the written agreement accepts board of National Bank or Committee on questions of supervision.".

With respect thereto the fourth to consider the paragraph the paragraph the sixth;

in paragraph six of the word "no later than three working days" shall be replaced with words "instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day)";

4) in Chapter 5:

in Item 5.3:

the ninth after words "bank of credit risk" to add the paragraph with the words "on active banking activities";

in the paragraph the twelfth:

shall be replaced with words the words "and reporting" "and/or the reporting";

words "the bases of reduction of the general extent of credit risk by the loan security amount unconditional obligation or cash covering," shall be replaced with words "reduction of total amount of credit risk by the providing amount";

state Item 5.7 in the following edition:

"5.7. The National Bank provides bank of the decision on restriction, suspension or the termination of separate transaction types of Bank under the signature of his authorized representative on the second copy of the cover letter (the copy of the cover letter in paper form from the electronic document certified according to the procedure, established by the legislation of Ukraine) with indication of date and time of obtaining (further - the obtaining moment) or directs the decision electronically according to Item 3.13 of Chapter 3 of the Section I of this provision.

National Bank in case of refusal of bank to receive the decision of National Bank under the signature of his authorized representative sends such decision to bank according to Item 3.13 of Chapter 3 of the Section I of this provision, and on the second copy of the cover letter (the copy of the cover letter in paper form from the electronic document certified according to the procedure, established by the legislation of Ukraine) the mark about refusal to bank becomes to receive the decision of National Bank with indication of date and time that in that case is considered the moment of receipt of the decision by bank.";

Item in paragraph one to replace 5.14 figures and the word "20 workers" with figures "30";

the paragraph one of Item 5.15 to state in the following edition:

"5.15. Observance by bank of the restrictions on implementation of transactions set by the decision which are limited or stopped elimination of violations, the termination of implementation of risk activities, provision of data and documents according to requirements of Items 5.12-5.14 of Chapter 5 of the Section II of this provision is observance of conditions of restriction/stop.";

in Item 5.16:

in paragraph one to replace the word "petition" with the word "statement";

in the paragraph the second:

replace the word "petition" with the word "statement";

to add the paragraph after the word of "transactions" with the words "or about refusal in allowance of the application of bank";

Item in paragraph one 5.17 figures and the words "3.4", "Provision at the Scheduled Time" to replace respectively with figures and the word "3.7", "Provision";

in paragraphs one, the fourth and ninth Item 5.18 of the word "petition", "with the petition" to replace "petition" respectively with the words "statement", "with the statement", "statement";

Items 5. 5.20 to state 19, in the following edition:

"5.19. The National Bank after consideration of the documents specified in Item 5.18 of Chapter 5 of the Section II of this provision makes the decision about:

1) allowance of the application of bank about early cancellation of restriction or suspension to transactions/cancellation of the termination of transactions;

2) refusal in allowance of the application of bank about early cancellation of restriction or suspension to transactions/cancellation of the termination of transactions, if:

the bank did not provide the documents specified in Item 5.18 of Chapter 5 of the Section II of this provision, or the documents provided by bank do not confirm observance by bank of conditions of restriction/stop of transactions or accomplishment by bank of the decision of National Bank on the termination of transactions;

the application for cancellation of the termination of transactions is submitted before the termination of six-months term from the date of decision making about the termination of transactions (except case when the application is submitted together with document package about the termination of implementation of banking activity without the termination of the legal entity according to the decision of shareholders of bank);

the bank does not comply conditions of restriction/stop of transactions / the decision of National Bank on the termination of transactions is not executed;

the bank does not provide effective/proper risk management system;

in activities of bank the new facts of violations and/or implementation of risk activities are determined.

The National Bank makes the decision on allowance of the application of bank on early cancellation of restriction or suspension to transactions/cancellation of the termination of transactions in case of approval of the plan of the termination of banking activity of bank without the termination of the legal entity according to the decision of shareholders of bank.

The National Bank notifies bank on the made decision instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day) from the date of adoption of the relevant decision.

The bank has the right to begin implementation of transactions which were limited, stopped, suspended, on condition of receipt of the notification of National Bank on the made decision on early cancellation of restriction (stop)/cancellation of the termination of implementation of transactions from next working day behind day of receipt of such notification.

5.20. The decision on early cancellation of restriction or suspension to transactions/cancellation of the termination of transactions or about refusal in allowance of the application about early cancellation of restriction or suspension to transactions/cancellation of the termination of transactions accepts board of National Bank or Committee on questions of supervision.";

5) in Chapter 6:

to state the name of Chapter in the following edition:

"6. Will lock provisions of blank credits";

in Item 6.1:

in paragraph one of the word "grant blank credits to bank" shall be replaced with words "provision of blank credits by bank in case";

in paragraphs second, third to exclude the words "in case";

in Item 6.2 of the word "grant blank credits" shall be replaced with words "provision of blank credits by bank";

6) in Chapter 7:

to state the name of Chapter in the following edition:

"7. Imposing of penalties";

the sixth, eighth, thirteenth Item 7.1 to state paragraphs in the following edition:

"representation of unreliable information, non-presentation of information, documents and/or their copies, written explanations concerning activities of bank, including information/documents by determination of the faces tied with bank and/or transactions of bank with such persons according to the written requirement / the written request of the authorized officer of National Bank or persons authorized by National Bank on conducting check (except concerning financial monitoring and/or the foreign and/or sanctions exchange legislation) / the duly authorized officer of National Bank on implementation of supervision of activities of bank according to article 67 of the Law on banks;";

"violation of requirements of the Rules of the organization of the statistical reporting submitted to the National Bank of Ukraine, approved by the resolution of Board of the National Bank of Ukraine of November 13, 2018 No. 120 (with changes) (further - Rules No. 120);";

"violation of 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) (further - No. Provision 196), concerning inclusion in components of the capital of bank of own tools of the capital and their redemption, early repayment, repayment, reduction of the main amount;";

state Item 7.5 in the following edition:

"7.5. The penalty for violation of requirements of the legislation, the regulatory legal acts of National Bank regulating activities in the payment market (except penalty for violation of requirements of the legislation of Ukraine on consumer protection in the payment market), is imposed on bank in the amount of which cannot exceed five percent of amount of the operations performed with violation of requirements of the legislation of Ukraine.";

the paragraph one of Item 7.9 to state in the following edition:

"7.9. Penalty for abuse of regulations No. 120, namely: non-presentation / untimely provision of data of the statistical reporting (except the reporting on currency transactions and concerning financial monitoring) or provision of doubtful (incomplete) data of the statistical reporting (except the reporting on currency transactions and concerning financial monitoring), is imposed on bank:";

Items 7. 7.44 to state 16, in the following edition:

"7.16. The penalty for violation of requirements of the Provision No. 196 concerning inclusion in components of the capital of bank of own tools of the capital, their redemption, early repayment, repayment, reduction of the main amount is imposed on bank for each violation in the amount of percent 0,1 from the amount of the registered authorized capital of bank.";

"7.44. The National Bank has the right not to impose penalty in such cases:

1) if application of penalty did not influence elimination of violations of prudential standard rates by bank and such violations happen systematically, namely:

the prudential standard rates calculated on weighted average in month or ezhedekadno are violated within four months in a row or six times within calendar year;

prudential standard rates which are calculated daily are violated daily within a month or through certain period within four months;

2) if collection of the amount of penalty entails essential deterioration in financial condition of bank - inability of bank to timely fulfill obligations to the clients or threat to interests of investors and creditors;

3) if imposing of penalty did not influence elimination of violation of limit of common long open foreign exchange position of bank by bank (L13-1)/limita common short open foreign exchange position of bank (L13-2) and if limit of common long open foreign exchange position of bank (L13-1)/limit common short open foreign exchange position of bank (L13-2) in case of establishment of daily control of observance by bank value of the corresponding limit is broken daily within a month or through certain period within four months.

The National Bank for the purpose of ensuring correction of situation or prevention of further violations or further loss of the assets by bank applies other adequate corrective actions.";

7) in Chapter 8:

to add the name of Chapter with words "(temporary ban of voting power)";

in Item 8.1:

in the subitem "b" of the word "it is negative to affect its financial condition" shall be replaced with words "lead to deterioration in financial condition of bank";

state the subitem "g" in the following edition:

"d) provision by the owner of essential participation in structure of document package for review acquisitions or increases in essential participation in bank of the documents containing unreliable information, not disclosure to National Bank (concealment from National Bank) of information having essential value for the solution of question of approval of acquisition or increase in essential participation in bank and/or provision of unreliable information about structure of property of bank or the reporting and/or non-presentation or its untimely representation;";

Item 8.6 in paragraph one:

"calendar" to exclude the word;

shall be replaced with words the words "the petition about" "statements about";

in paragraph one of Item 8.8 of the word "within three working days with" shall be replaced with words "instantly, but no later than the next working day (in the presence of the reasonable reasons - no later than the third working day) with";

8) in Chapter 10:

in Item 10.1:

word in paragraph one of "the bank, foreign exchange legislation, the legislation concerning financial monitoring, regulatory legal acts of National Bank" shall be replaced with words also in figures of "the legislation of Ukraine from the list determined in subitems 1, 2 Items 1.2 of Chapter 1 of the Section I of this provision";

in the subitem "b" of the word of "the bank, foreign exchange legislation, the legislation concerning financial monitoring" shall be replaced with words also in figures of "the legislation of Ukraine from the list determined in subitems 1, 2 Items 1.2 of Chapter 1 of the Section I of this provision";

in the subitem "g" of the word "issue blank credits" shall be replaced with words "provision of blank credits";

state the subitem "e" in the following edition:

"e) representation of unreliable information, non-presentation of information, documents and/or their copies, written explanations concerning activities of bank, including information/documents by determination of the faces tied with bank and/or transactions of bank with such persons according to the written requirement / the written request of the authorized officer of National Bank or persons authorized by National Bank on conducting check / the duly authorized officer of National Bank on implementation of supervision of activities of bank according to article 67 of the Law on banks;";

in Item 10.6:

in the paragraph the second:

shall be replaced with words words of "the corresponding appeal of bank" "submission of the statement by bank";

refuses shall be replaced with words the words "leaves the address without consideration" "in allowance of the application (if the documents provided by bank do not confirm elimination of the revealed violations)";

word in paragraph three" (in writing or by e-mail)" to exclude;

9) in Chapter 11:

in Item 11.2:

in subitem 1 "/sanctions" to exclude the word;

state subitem 3 in the following edition:

"3) representation of unreliable information for the purpose of concealment of real financial condition of bank, including information on transactions with the faces tied with bank, non-presentation of information, documents and/or their copies, written explanations concerning activities of bank, including information/documents by determination of the faces tied with bank and/or transactions of bank with such persons according to the written requirement / the written request of the authorized officer of National Bank or persons authorized by National Bank on conducting check (except concerning financial monitoring and/or the foreign and/or sanctions exchange legislation) / the duly authorized officer of National Bank on implementation of supervision of activities of bank according to article 67 of the Law on banks;";

to state paragraph two of subitem 11 in the following edition:

"legislations concerning financial monitoring and/or";

in Item 11.10 of the word of "credit risk" shall be replaced with words "the extent of credit risk on active banking activities, the extent of operational risk of "the extent of market risk";

in Item 11.11:

in paragraph one to replace the word "petition" with the word "statement";

add Item with two new paragraphs of the following content:

"The National Bank makes the decision on refusal in allowance of the application on recognition of activities of bank (branch of foreign bank) of Ukraine corresponding to the legislation if the filed documents of bank (branch of foreign bank) do not confirm early accomplishment by bank (branch of foreign bank) of the assumed liabilities and/or reduction by bank (branch of foreign bank) of the activities in compliance with requirements of the legislation of Ukraine.

The decision on refusal in allowance of the application on recognition of activities of bank (branch of foreign bank) corresponding to the legislation of Ukraine is made by board of National Bank.";

in the paragraph the second Item 11.12 of the word of "the corresponding petition" shall be replaced with words "the corresponding statement".

3. To state the subitem 3 of Item 3.6 of Chapter 3 of the Section III in the following edition:

"3) the analysis of the statistical reporting of bank established by Rules No. 120;".

 

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