Unofficial transfer (c) Soyuzpravoinform LLC

RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 24, 2024 No. 161

About modification of some regulatory legal acts of the National Bank of Ukraine

According to Articles 7, 15, 55-1, 56, 61 Law of Ukraine "About the National Bank of Ukraine", Articles 4, 28, 33, 34, 36, 37, 40, 42, 43, 71, 72 Laws of Ukraine "About ministerial procedure", Article parts three 3, Articles 21, 37, 38, 42, 50 Laws of Ukraine "About financial services and finance companies", Article parts one 2, Articles 13, 14, 19, 27, 51-56, 58, 61-65, 114 Laws of Ukraine "About insurance", Article parts two 2, Articles 15, 17, 77, 78 Laws of Ukraine "About payment services", Article parts four 2, Articles 11, 12, 24, 25, 37, 52, 55-58 Laws of Ukraine "About credit unions", Article parts six 3, Articles 6, 9 Laws of Ukraine "About currency and currency transactions", for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine in compliance with requirements of the legislation of Ukraine the board of the National Bank of Ukraine decides:

1. Bring in the resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 200 "About approval of the Regulations on general requirements to documents and procedure for their submission to the National Bank of Ukraine within the separate procedures and modification of some regulatory legal acts of the National Bank of Ukraine" such changes:

Heading of the resolution to state 1) in the following edition:

"About approval of the Regulations on procedure of administrative production, general requirements to documents and procedure for their submission to the National Bank of Ukraine within the separate procedures and modification of some regulatory legal acts of the National Bank of Ukraine";

Item 1 to state 2) in the following edition:

"1. Approve Regulations on procedure of administrative production, general requirements to documents and procedure for their submission to the National Bank of Ukraine within separate procedures (further - Provisions) which is applied.";

The resolution after Item 3 to add 3) with new Item 3-1 of the following content:

"3-1. The National Bank of Ukraine performs consideration of the applications, the petitions, documents received till December 31, 2024 and on which as of January 1, 2025 the decision, according to regulatory legal acts of the National Bank of Ukraine, persons specified in appendix to the Provision and Regulations on certification on the right of implementation of temporary administration of the non-bank financial institution approved by the resolution of Board of the National Bank of Ukraine of December 21, 2020 No. 162 (with changes), taking into account the terms determined by the legislation of Ukraine existing till December 31, 2024 from the beginning of their counting since January 1, 2025 is not made.".

2. Approve Changes in 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 (with changes) which are attached.

3. 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.

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

Approved by the Resolution of Board of the National Bank of Ukraine of December 24, 2024 No. 161

Changes in Regulations on general requirements to documents and procedure for their submission to the National Bank of Ukraine within the separate procedures

1. To state the name of the Provision in the following edition:

"Regulations on procedure of administrative production, general requirements to documents and procedure for their submission to the National Bank of Ukraine within the separate procedures".

2. In the Section I:

Item 1 after the words "" about payment services "" to add 1) with the words "" about ministerial procedure " (further-the Administrative procedure act)";

Item 2 to add 2) with the new subitem of the following content:

"3) procedure of administrative production during implementation:

licensing, registration, authorization of participants of the market of financial services and participants of the payment market (except payment systems, members of payment service providers, technological operators of payment services and commercial agents of suppliers of financial payment services);

certifications of persons on the right of implementation of temporary administration of non-bank financial institution;

voluntary exit of the insurer, credit union from the market;

other procedures provided in regulatory legal acts of National Bank which list is determined in appendix to this Provision.";

Item 3 after the paragraph of the sixth to add 3) with the new paragraph the seventh the following content:

"The term "the head on supervision" is used in this Provision in the value given in the Regulations on authorization of suppliers of financial services and conditions of implementation by them of activities for provision of financial services approved by the resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 199 (with changes) (further - No. Provision 199).".

With respect thereto to consider the paragraph of the seventh the paragraph the eighth.

3. Add provision with two new Sections IV, V of the following content:

"IV. General procedure of administrative production

35. Administrative production begins:

1) according to the statement - from the date of obtaining by National Bank of the statement determined for the corresponding procedure;

2) according to the petition (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act) - from the date of receipt of the corresponding petition by National Bank;

3) at the initiative of National Bank - from the date of creation of the document by National Bank in which circumstances which can be the basis for adoption of the administrative act by it concerning person are fixed.

36. Person submits to National Bank statements/petitions/documents within implementation of procedures in which administrative production is performed, taking into account requirements of this provision in written (electronic or paper) form and agrees certain corresponding regulatory legal act of National Bank lists and requirements.

37. The National Bank notifies the participant of administrative production on the beginning of administrative production instantly, but no later than the next working day after its beginning, and in the presence of the reasonable reasons - no later than three working days after its beginning.

In the message the rights and obligations of the participant of administrative production, including procedure for acquaintance with materials of administrative case, and also methods of representation of the explanations and notes to them on case and the term during which the participant of administrative production has the right to give them are specified.

38. The notification of physical persons and legal entities on the procedural actions and procedural decisions made when implementing administrative production is performed by National Bank with observance of the requirements determined in Article 32 of the Administrative procedure act taking into account the features determined by special laws.

39. The participant of administrative production for acquaintance with materials of administrative case sends the written request on access to materials of administrative case.

The National Bank reviews request about access to materials of administrative case instantly, but no later than the next working day from the date of its receipt, and in the presence of the reasonable reasons - no later than three working days from the date of its receipt.

The National Bank gives to the participant of administrative production opportunity to get acquainted with materials of administrative case in reasonable time.

40. The National Bank in case of satisfaction fully or partially of request about access to materials of administrative case notifies the participant of administrative production on it with indication of in the letter of the place, time and surname, own name of the employee of National Bank in the presence of which person has the right to get acquainted with materials of administrative case.

41. The basis for refusal in satisfaction of request about access to materials of administrative case is one or both from the following:

1) receipt of request about access to the materials of administrative case which are data which according to the law are carried to information with limited access;

2) receipt of request about access to materials of administrative case not from the participant of administrative production.

42. The National Bank in case of satisfaction of request about access to materials of administrative case during implementation and after completion of administrative production gives to the participant of administrative production opportunity to examine materials of administrative case (except data which according to the law are carried to information with limited access), to do of them extraction, to make copies, including with use of technical means.

The right to examine materials of administrative case, to receive copies of documents and data under condition and during effective period of restriction of access to such documents or data according to the legislation on information security can be limited to National Bank. The documents containing personal data, trade or professional secrecy can be provided only in amount which is objectively necessary for consideration of administrative case or protection of the rights of his participants.

Has the right to get acquainted with materials of administrative case the participant of administrative production in National Bank and in the presence of the employee of National Bank.

43. The National Bank on the bases, according to the procedure and the terms provided by special laws or the Administrative procedure act (if special laws do not determine features), leaves without movement:

1) statement;

2) the petition (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act);

3) the documents filed for review heads of the joint credit union, significant credit union (candidates for these positions), the documents filed for review heads of the insurer (further - documents for review heads).

44. The National Bank in time determined by the Administrative procedure act or special laws the notification on leaving of the application/petition (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act) / documents for review directs to the participant of administrative production heads without movement in writing (paper or electronic) (further - the notification).

45. The message shall contain the revealed shortcomings with reference to the violated requirements of the legislation of Ukraine, method/procedure and term of elimination of such shortcomings, and also procedure and term of appeal of the decision on leaving of the statement/petition (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act) / documents for review of heads without movement judicially.

46. The National Bank according to the petition of the participant of administrative production submitted in any written form has the right to extend term for elimination of the revealed shortcomings.

47. The National Bank makes the decision on refusal in satisfaction of the petition for prolongation of term for remedial action, determined in the notification if the petition is submitted later what in three working days prior to completion of the term determined in the notification for remedial action or after completion of the term determined in the notification for remedial action and/or in the petition is not proved properly need to extend the term of elimination of the revealed shortcomings.

48. The statement/petition (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act) / documents for review of heads are considered given in day of their primary representation, and the term of their consideration is prolonged for the term of their leaving without movement in case of elimination of the revealed shortcomings in time established by National Bank.

49. The National Bank has no right to repeatedly leave without movement statements/petitions/documents for review heads in whom the revealed defects specified in the message are eliminated.

50. The participant of administrative production shall notify National Bank on any changes in the documents submitted to National Bank which happened during the term of their consideration no later than three working days from the date of emergence of such changes.

51. The National Bank has the right to stop administrative production, including according to the statement (petition) of person, in case of the circumstance interfering the solution of case and also in the cases determined in Items 1-4 of part two of Article 64 of the Administrative procedure act.

52. The National Bank stops administrative production, including according to the written requirement of person in any form, on the bases determined in part one of Article 64 of the Administrative procedure act.

53. The participant of administrative production has the right to submit to National Bank the application (petition) for suspension of administrative production, the statement (petition) for renewal of administrative production in any written form.

54. The basis for refusal in allowance of the application (petition) for suspension of administrative production is absence in such statement (such petition) of the circumstances interfering consideration of the case, other bases determined in Article 64 of the Administrative procedure act.

55. The basis for refusal in allowance of the application (petition) for renewal of administrative production is and further availability of the circumstances which caused its suspension.

56. The National Bank within the term of consideration of administrative case determined by the legislation of Ukraine has the right to notify the participant of administrative production in the letter on need of completion of the given document package if documents do not conform to requirements of the legislation of Ukraine, and/or provisions of additional documents / information by it, necessary/necessary for acceptance of reasoned decision and to note that it in case of impossibility to finish document package and/or to submit specified documents/information within the offered term the participant of administrative production has the right to submit the application (petition) for suspension of administrative production for the term which is necessary for submission of such documents / information.

The notification of National Bank specified in paragraph one of Item 56 of the Section IV of this provision shall contain clause that in case of non-presentation by person of modifed and/or additional documents / information or the statement (petition) for suspension of administrative production in the time established by National Bank the National Bank will make the decision by result of consideration of the available documents.

57. The National Bank has the right during administrative production to stop administrative production for check of reliability by the provided participant of administrative production of documents/information and/or receipt of information from state bodies, foreign state bodies, local government bodies, legal entities and physical persons if lack of such check and/or such documents / information interferes with the objective solution of case.

The current of term of administrative production renews from the date of the termination of the circumstance which entailed stop of administrative production, and in case of non-presentation of required documents / information - since the working day following behind day of the expiration determined for their representation.

58. The National Bank establishes the term of representation determined in Item 56 of the Section IV of this provision of information, documents and/or entering of corrections into documents according to the notes provided by National Bank according to Item 56 of the Section IV of this provision.

59. The National Bank has the right to make the decision on suspension of administrative production, inclusive according to the statement (petition) of person, in case of the circumstance interfering the solution of case.

60. Suspension of administrative proceeedings stops current of all terms on this case. The current of terms proceeds from the date of renewal of administrative production.

61. The National Bank resumes administrative production on own initiative or according to the statement (petition) of person after provision of modifed/additional documents / information and/or after check of reliability provided to documents/information or after obtaining determined in Item 56 of the Section IV of this provision of information/documents, and/or after the termination of the circumstance which entailed stop of administrative production and/or in case of non-presentation of required documents / information - since the working day following behind day of the expiration determined for their representation.

62. The National Bank closes production in case of obtaining from the participant of administrative production of the petition for refusal of consideration of the application and closing of administrative production, except the cases determined in part one of Article 65 of the Administrative procedure act.

63. The participant of administrative production has the right to submit the petition, determined in Article 28 of the Administrative procedure act and in the Section IV of this provision in written any form.

64. The National Bank performs consideration of all petitions determined in the Section IV of this provision, instantly, but no later than the next working day from the date of their receipt, and in the presence of the reasonable reasons - no later than three working days from the date of their receipt according to the procedure, determined in Article 50 of the Administrative procedure act.

The National Bank notifies the participant of administrative production in the letter on results of consideration of such petition (satisfaction of the petition or refusal in satisfaction of the petition).

65. The basis for refusal in satisfaction of the petition about:

1) removal of the head on licensing or the head on supervision is absence in such petition of the bases of removal of the official determined in Article 23 of the Administrative procedure act;

2) withdrawal of person promoting consideration of the case is absence in such petition of the bases of withdrawal of person promoting consideration of the case, determined in Article 30 of the Administrative procedure act;

3) involvement of the translator (person promoting consideration of the case) is lack of confirmation of sufficient level of proficiency in the translator language, necessary for transfer in administrative case, and/or lack of the bases for involvement of the translator;

4) attraction to participation in administrative production of other participant and/or person who promotes consideration of the case except the translator, is lack of the reasonable bases for involvement of such persons to participation in administrative production;

5) reclamation of the documents or data necessary for consideration and the solution of case on initiative of National Bank, lack of consent of person to collection, storage, use and distribution of the confidential information on it containing in the required documents and data necessary for consideration and the solution of case is;

6) purpose of examination, receipt of consultation and/or the conclusion of the specialist is lack of reasonable need for conducting examination, receipt of consultation and/or the conclusion of the specialist for decision making in administrative case;

7) prolongation of term of implementation of administrative production is absence in such petition of the reasonable bases for prolongation of term of implementation of administrative production;

8) the refusal of consideration of the application and closing of administrative production is the cases determined in part one of Article 65 of the Administrative procedure act;

9) making of other action which is not contradicting the law and promoting consideration of the case is lack of reasonable need for its making and decision making on case.

66. The National Bank has the right to refuse satisfaction of the petition specified in Article 28 of the Administrative procedure act with obligatory specifying of motives of such refusal, including on the bases other, than determined in Item 65 of the Section IV of this provision.

67. The procedural decisions made in administrative production are decisions about:

1) prolongation of term of adoption of the decision/solution of administrative case;

2) leaving of statements/petitions/documents for review heads without movement;

3) prolongation of term of elimination of the revealed shortcomings according to the petition of the participant of administrative production or refusal in prolongation of such term;

4) suspension/renewal of administrative production;

5) refusal in adoption of the statement to consideration in the cases specified in Items 2-6 of part one of Article 45 of the Administrative procedure act;

6) satisfaction completely or partially / refusal in satisfaction of request about access to materials of administrative case;

7) satisfaction or refusal in satisfaction of the petition determined in Item 7 parts one of Article 28 of the Administrative procedure act;

8) closing of administrative production on the bases determined in part two of Article 65 of the Administrative procedure act.

68. The National Bank closes administrative production on the bases determined in part two of Article 65 of the Administrative procedure act.

V. Procedure of administrative production on separate administrative cases

69. The National Bank performs consideration of the submitted statement/petition (except the petitions specified in Item 7 parts one of Article 28 of the Administrative procedure act) / documents for review of heads in administrative production during the term determined by the Law of Ukraine "About financial services and finance companies", the Administrative procedure act, other laws of Ukraine and regulatory legal acts of National Bank for the corresponding procedure.

70. Day of the beginning of administrative production on administrative cases at the initiative of National Bank is day of creation of the reference/report in which circumstances which can be the basis for adoption of the decision by National Bank concerning person are fixed.

71. The report specified in Item 70 of the Section V of this provision is signed:

1) in the administrative productions performed according to regulatory legal acts of National Bank, specified in appendix to this Provision - the head on licensing (except the case determined in the subitem 2 of Item 71 of the Section V of this provision);

2) rather administrative productions specified in Chapter 18 of the Section II of Provisions No. 199, - the head on supervision.

The report agrees the vice-chairman of National Bank which performs the common directorship and controls activities of independent divisions of National Bank down of subordination "Prudential supervision".

72. The National Bank has the right to extend the term of adoption of the relevant decision, but no more than to 30 working days in need of check of reliability provided to documents/information and/or receipts of the additional documents / information necessary for adoption of such decision:

1) the Section II of Provisions No. 199 specified in Item 245 of Chapter 18;

2) about issue or refusal in licensing by sight activities for provision of financial services / licenses on implementation of currency transactions regarding trade in currency values in cash form / license on provision of financial payment services;

3) about provision of approval or about refusal in approval of scope change of the license of the financial company / pawnshop;

4) about narrowing of scope of license or about refusal in narrowing of scope of license on implementation of activities of credit union;

5) about change of license type on implementation of activities of credit union with standard on the simplified license or about refusal in change of license type with standard on the simplified license;

6) about expansion of scope of license on implementation of activities of credit union or about refusal in expansion of scope of license on implementation of activities of credit union;

7) about change of license type from the simplified license for standard license for activities of credit union or about refusal in change of license type from the simplified license for standard license for activities of credit union;

8) about revocation of license on activities of the financial company / pawnshop for their statement;

9) about exception of the license of finance company, pawnshop of separate financial service based on their statement;

10) about approval or refusal in approval of person to position of the head, chief risk manager, chief komplayens-manager, main internal auditor, responsible actuary (candidate for position) of the insurer, joint credit union, significant credit union respectively;

11) about approval or refusal in approval of person to position of the head of payment organization (except small payment organization), organizations of electronic money, the operator of mail service having the right to provision of financial payment services;

12) by results of consideration of the petition for non-use to the head, the chief risk manager, the chief komplayens-manager, the main internal auditor, the responsible actuary (the candidate for the corresponding position) to the insurer signs of not irreproachable goodwill;

13) by results of consideration of the petition for non-use to the head, the chief risk manager, the chief komplayens-manager, the main internal auditor of credit union signs of not irreproachable goodwill;

14) by results of consideration of the petition for non-use to the head (the candidate for position) of finance company, pawnshop signs of not indifferent goodwill;

15) by results of consideration of the petition for non-use to the head of the non-bank payment service provider signs of not irreproachable goodwill;

16) by results of consideration of the petition for non-use to person of sign of not irreproachable goodwill according to Regulations on procedure for issue to legal entities of the license for implementation of transactions with cash and conditions (requirement) of the implementation by them of activities for implementation of transactions with cash approved by the resolution of Board of the National Bank of Ukraine of December 24, 2015 No. 926 (in edition of the resolution of Board of the National Bank of Ukraine of January 18, 2024 No. 10) (with changes);

17) about issue or refusal in licensing for implementation of transactions with cash;

18) about revocation of license on implementation of transactions with cash based on the statement;

19) about inclusion in the register of payment infrastructure or about refusal in inclusion in the register of payment infrastructure of data on predostavitel of payment services (predostavitel of limited payment services) based on the statement;

20) about inclusion of the applicant in the register of the collection companies or about refusal in inclusion based on the statement and documents attached to it;

21) according to other procedures according to which the right to extend the term of adoption of the relevant decision is provided in special laws.

73. The National Bank has the right to extend the term of the solution of administrative case concerning other procedures, than specified in subitems 1-21 of Item 72 of the Section V of this provision provided by the regulatory legal acts of National Bank determined in appendix to this provision for the term of no more than 15 calendar days if other is not provided by the law if during deadline it is impossible to solve administrative case according to the statement of person, including in need of check of reliability provided to documents/information and/or receipts of the additional documents / information necessary for decision making.

74. The National Bank notifies the participant of administrative production in the letter on prolongation of term of decision making on licensing for implementation of activities of credit union or on refusal in its issue, on narrowing of scope of license or on refusal in narrowing of scope of license on implementation of activities of credit union, on change of license type on implementation of activities of credit union with standard on the simplified license or on refusal in change of license type with standard on the simplified license, on expansion of scope of license on implementation of activities of credit union or on refusal in expansion of scope of license on implementation of activities of credit union, on change of license type from the simplified license for standard license for activities of credit union or on refusal in change of license type from the simplified license for standard license for activities of credit union and the term for which it is extended, with reasons for the made decision at least three days before completion of deadline for adoption of the relevant decision.

The National Bank notifies the participant of administrative production on prolongation of term of adoption of the decision/solution of case and the term for which it is extended, with reasons for the made decision not later than three working days before completion of deadline for adoption of the relevant decision.

75. The head on licensing makes the procedural decisions determined in Item 67 of the Section IV of this provision, rather administrative productions determined in the regulatory legal acts of National Bank specified in appendix to this Provision except administrative productions according to Chapter 18 of the Section II of Provisions No. 199.

76. The head on supervision makes the procedural decisions determined in Item 67 of the Section IV of this provision, rather administrative productions determined in Chapter 18 of the Section II of Provisions No. 199.

77. The procedural decisions determined in Item 67 of the Section IV of this provision, accepted by the head on licensing or the head on supervision are drawn up as the letter with reasons reduction in writing.

The head on the licensing/head on supervision reports about the made procedural decision specified in Item 67 of the Section IV of this provision, participant of administrative production in the letter with reasons reduction.

The head on the licensing/head on supervision makes procedural decisions during administrative production concerning decision making, determined in the regulatory legal acts of National Bank specified in appendix to this Provision prior to consideration of question of the solution of administrative case is direct Board of National Bank (further - Board) / Committee on questions of supervision and regulation of activities of banks, oversight of payment infrastructure (further - Committee on supervision of banks) / Committee on supervision and regulation of activities of the markets of non-bank financial services (further - Committee on questions of supervision), and also after adoption of the relevant decision by Board/committee on supervision of banks/committee on questions of supervision.

The head on the licensing/head on supervision has the right to make procedural actions during administrative production for decision making, determined in the regulatory legal acts of National Bank specified in appendix to this Provision prior to consideration of question of the solution of administrative case directly Board/committee on supervision of banks/committee on questions of supervision.

78. The procedural decisions specified in Item 67 of the Section IV of this provision after the beginning of consideration of question of the solution of administrative case it is direct Board, Committee on supervision of banks/committee on questions of supervision accepts the relevant collegiate organ.

The board/committee on supervision for banks/committee on supervision has the right to make procedural actions after the beginning of consideration of question of the solution of administrative case directly by Board, Committee on supervision of banks/committee on questions of supervision.

79. The vice-chairman of National Bank performing the common directorship and controlling activities of independent divisions of National Bank down of subordination "Prudential supervision" makes the decision on removal of the head on licensing or the head on supervision.

80. The head on the licensing/head on supervision reports in the letter of the participant of administrative production on the beginning of administrative production.

81. The National Bank returns the application submitted in paper form means of mail service with the assurance of receipt without decision making according to the statement in the cases specified in Items 2-6 of part one of Article 45 of the Administrative procedure act.

82. Person shall bring payment for consideration of the application within the separate procedures determined by the regulatory legal act of National Bank specified in appendix to this Provision, in the amount of, determined by the Rates for the services in registration and licensing provided by national bank of Ukraine, approved by the resolution of Board of the National Bank of Ukraine of August 12, 2003 No. 333 (in editions of the resolution of Board of the National Bank of Ukraine of October 24, 2023 No. 134) registered in the Ministry of Justice of Ukraine on September 10, 2003 at No. 787/8108 (with changes).

83. Person submits the copy of the payment document about implementation of such payment together with giving to National Bank of the statement.

84. The National Bank leaves the statement without movement in case of non-presentation-faced to the copy of the payment document about implementation of payment.

85. Repeated submission of the statement by person if the National Bank made the decision on refusal on not elimination basis in the time of the shortcomings which were the basis for leaving of such statement without movement established by National Bank does not require implementation of repeated payment for service in consideration of the application if repeated representation is performed within six months from the date of adoption by National Bank of the decision on refusal in implementation of the procedure.

The National Bank returns the paid means for service in consideration of the application if person within six months from the date of adoption by National Bank of the decision on refusal did not submit repeatedly the application or in case of receipt on behalf of the petition for return of the means paid for service with indication of urgent bank details of person for return of means (if the service was not provided).

86. The National Bank has the right to invite the participant of administrative production or its authorized representative in case of consideration by Committee on questions by supervision/committee on supervision of banks/board of questions which consideration according to regulatory legal acts of National Bank, specified in appendix to this Provision, is within their competence, for participation in committee meeting concerning supervision/committee on supervision for banks/boards for the purpose of provision of explanations/objections.

87. The participant of administrative production or its authorized representative has the right to participate in committee meeting concerning supervision/committee on supervision for banks/boards personally or remotely by means of means audio-, video conference. The specific method of participation in committee meeting concerning supervision/committee on supervision for banks/governments of the participant of administrative production or its authorized representative determines National Bank in the corresponding invitation.

88. The invitation goes/is handed not later than seven calendar days about day of holding committee meeting on supervision/committee on supervision for banks/governments of one of the following methods:

1) by e-mail;

2) on papers means of mail service the registered mail with the assurance of receipt;

3) it is handed personally under the signature.

This term can be reduced if circumstances require decision making in the smallest time about what in the invitation the reasonable explanation is provided.

89. Absence (absence or nonparticipation remotely) the participant of administrative production or its authorized representative during the committee meeting concerning supervision/committee on supervision for banks/boards provided that it does not interfere with consideration of such question, is not the basis for adjournment of consideration by Committee on questions supervision/committee on supervision of banks/board of question that according to regulatory legal acts of National Bank, specified in appendix to this Provision, is within the competence of Committee on questions of supervision/committee on supervision for banks/boards.

90. The invitation shall contain the data specified in part three of Article 32 of the Administrative procedure act.

91. The decision of National Bank by results of consideration of administrative case which can negatively affect the right of person, freedom or legitimate interest which is the administrative act shall contain:

1) date of filing of application and the summary of the requirement containing in it / the petition (in case of adoption of the act according to the statement/petition of person);

2) actual circumstances of administrative case;

3) the contents of documents and the data considered by consideration of administrative case;

4) references to proofs or other materials of administrative case on which conclusions of National Bank are based;

5) detailed legal treatment of the circumstances revealed by National Bank and accurate specifying of the conclusions drawn based on such legal treatment of the revealed circumstances;

6) the decision making bases with proper reasons;

7) information on the right of person which became subject of the decision of National Bank to appeal such decision;

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

9) information that appeal of the decision or action of National Bank judicially does not stop their accomplishment, with indication of legal basis for this purpose.

92. Features of consideration by National Bank of the statement and documents attached to it (in the presence), petitions (except the petitions determined in Item 7 parts one of Article 28 of the Administrative procedure act), document package within the different procedures are determined in the corresponding heads and Sections of the regulatory legal acts of National Bank specified in appendix to this Provision.

93. Requirements of the Section V of this provision extend to the administrative productions performed according to regulatory legal acts of National Bank, specified in appendix to this Provision.".

Appendix

to Regulations on procedure of administrative production, general requirements to documents and procedure for their submission to the National Bank of Ukraine within the separate procedures (the subitem 3 of Item 2 of the Section I)

List of regulatory legal acts of the National Bank of Ukraine

1. Regulations on procedure for issue to legal entities of the license for the implementation of transactions with cash and conditions (requirement) of implementation by them of activities for implementation of transactions with cash approved by the resolution of Board of the National Bank of Ukraine of December 24, 2015 No. 926 (in edition of the resolution of Board of the National Bank of Ukraine of January 18, 2024 No. 10) (with changes).

2. The regulations on requirements to structure of property of suppliers of financial services approved by the resolution of Board of the National Bank of Ukraine of April 14, 2021 No. 30 (with changes).

3. The regulations on registration of the collection companies approved by the resolution of Board of the National Bank of Ukraine of July 09, 2021 No. 75 (with changes).

4. The regulations on procedure of authorization of activities of suppliers of financial payment services and limited payment services approved by the resolution of Board of the National Bank of Ukraine of October 07, 2022 No. 217 (with changes).

5. Regulations on procedure for issue of licenses for the implementation of currency transactions approved by the resolution of Board of the National Bank of Ukraine of March 31, 2023 No. 43 (with changes).

6. The regulations on voluntary exit from the market of the insurer and transfer of the insurance portfolio by the insurer approved by the resolution of Board of the National Bank of Ukraine of December 25, 2023 No. 184 (with changes).

7. Regulations on authorization of persons having the right to perform actuarial activities in the field of insurance, and persons who can fulfill duties of the responsible actuary, approved by the resolution of Board of the National Bank of Ukraine of December 25, 2023 No. 187 (with changes).

8. The regulations on authorization of suppliers of financial services and condition of implementation by it of activities for provision of financial services approved by the resolution of Board of the National Bank of Ukraine of December 29, 2023 No. 199 (with changes).

9. The regulations on reorganization and liquidation of credit union according to the decision of general meeting of credit union members approved by the resolution of Board of the National Bank of Ukraine of February 02, 2024 No. 16 (with changes).

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info