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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 4, 2024 No. 143

About approval of Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

According to Articles 7, 15, 19, 55, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 3, 4, 66, 67, 73, 74 Laws of Ukraine "About banks and banking activity", Articles 3, 21-23, 25, 46 Laws of Ukraine "About financial services and finance companies", Articles 3, 5, 26 Laws of Ukraine "About consumer crediting", Articles 2, 77, 78, 81, 84 Laws of Ukraine "About payment services", Articles 24, 26 Laws of Ukraine "About advertizing", Articles 2, 114 Laws of Ukraine "About insurance", Articles 2, 37, 43, 48 Laws of Ukraine "About credit unions", the Law of Ukraine "About ministerial procedure", for the purpose of reduction of the regulatory legal act of the National Bank of Ukraine regulating procedure 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, in compliance with requirements of the legislation of Ukraine the board of the National Bank of Ukraine decides:

1. Approve Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt approved by the resolution of Board of the National Bank of Ukraine of September 2, 2022 No. 198 (in edition of the resolution of Board of the National Bank of Ukraine of September 28, 2023 No. 118) (with the enclosed changes).

2. To impose control over the implementation of this resolution on the Head of the National Bank of Ukraine Andrey Pyshny.

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

Approved by the Resolution of Board of the National Bank of Ukraine of December 4, 2024 No. 143

Changes in Regulations on implementation by the National Bank of Ukraine of supervision of observance by objects of supervision of the legislation of Ukraine on consumer protection of financial services and limited payment services, requirements for interaction with consumers in case of settlement of overdue debt

1. In the Section I:

1) Item 1 after words ""About financial leasing", "to add with the words "" about ministerial procedure " (further-the Law on adminprotsedura)";

2) in Item 2:

to add Item after subitem 7 with new subitem 7-1 of the following content:

"7-1) notification on the beginning of administrative production notification by National Bank of object of supervision on the beginning of administrative production determined by Articles 32, 49 Laws on adminprotsedura;";

the fourteenth after words ""About payment services" "to add the paragraph with words", the Law on adminprotsedura";

3) undressed to add with new Item of the following content:

"8-1. The relations on acceptance, entry into force, execution and cancellation of individual acts which are adopted by National Bank and which are administrative acts are regulated by the Law on adminprotsedura taking into account the features determined by the Law of Ukraine "About the National Bank of Ukraine" and the laws, according to the procedure, the determined Regulations on application of the 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, regulating activities in the market of financial services and in the payment market registered in the Ministry of Justice of Ukraine on September 17, 2012 at No. 1590/21902 (with changes), Regulations on application of corrective actions by the National Bank of Ukraine for violation of requirements of the legislation regulating activities in the payment market, the approved resolution of Board of the National Bank of Ukraine of September 22, 2022 No. 206 (with changes), Regulations on application by the National Bank of Ukraine of the adjusting measures, measures of early intervention, died influences in the field of state regulation of activities in the markets of non-bank financial services, the approved resolution of Board of the National Bank of Ukraine of December 25, 2023 No. 183 (with changes), Regulations on application of the corrective actions by the National Bank of Ukraine for violation of the consumer protection law of financial services by the collection companies approved by the resolution of Board of the National Bank of Ukraine of December 27, 2023 No. 193.".

2. In the Section II:

The subitem 1 of Item 10 after words" (dalee-Zakon about legal profession)" to add 1) with words ", the applications submitted according to the Law on adminprotsedura";

The subitem 2 of Item 14 after words of "The law on legal profession" to add 2) with words ", the applications submitted according to the Law on adminprotsedura".

3. To add the subitem 1 of Item 20 of the Section III after words of "The law on legal profession" with words ", the applications submitted according to the Law on adminprotsedura".

4. To add the subitem 1 of Item 24 of the Section IV after words of "The law on legal profession" with words ", the applications submitted according to the Law on adminprotsedura".

5. In the Section V:

1) undressed after Item 32 to add with new Item 32-1 of the following content:

"32-1. Day of creation of the Reference is day of the beginning of administrative production on administrative case.";

2) in Item 33:

in the first offer of the word "within five working days" shall be replaced with words "no later than three working days";

add Item with four new paragraphs of the following content:

"The National Bank in the cover letter reports object of supervision about the beginning of administrative production and notes:

1) legal basis of the beginning of administrative production;

2) the rights and obligations of object of supervision within administrative production, including the right of representation of explanations and notes on case, method and term of their representation;

3) procedure for acquaintance with materials of administrative production.";

3) the second offer of Item 34 to state in the following edition: "The National Bank submits one copy of the Reference with appendices (in the presence) and the cover letter in paper form to object of supervision (in case of transfer to couriers) with indication of date of transfer and the signature about obtaining on the second copy of the Reference with appendices (in the presence) and the copies of the cover letter in paper form remaining in National Bank.";

4) undressed after Item 34 to add with two new Items 34-1 and 34-2 of the following content:

"34-1. Object of supervision no later than the next working day from the date of receipt of the notification on the beginning of administrative production in writing notifies National Bank about day and time of receipt of such notification [except case of transfer of the Reference with appendices (in the presence) with the cover letter by the courier] in form and according to the procedure, determined in Item 30 of the Section V of this provision.

34-2. The National Bank has the right to place information on the beginning of administrative production (except information with limited access) on pages of official Internet representative office of National Bank.";

Item 36 to state 5) in the following edition:

"36. The copy of the Reference with appendices (in the presence) is considered received, brought to the attention of object of supervision:

1) in paper form [in case of refusal object of supervision in receipt of the mail service of the Reference sent by means with appendices (in the presence) or non receipt by object of supervision of the Reference with appendices (in the presence) in department of mail service] on:

the seventh day from the date of the mailing of the Reference with appendices (in the presence) National Bank of object of supervision - for object of supervision with the registered location in the city of Kiev and Kiev region;

10 day from the date of the mailing of the Reference with appendices (in the presence) National Bank of object of supervision - for object of supervision with the registered location in other regions of Ukraine;

2) in day of obtaining from object of supervision of the letter in response to the sent Reference (with appendices).

The terms specified in the subitem 1 of Item 36 of the Section V of this provision are prolonged for the term of registration of change of the location of object of supervision according to the legislation of Ukraine.";

Item 36-1 to replace 6) with two new Items 36-1 and 36-2 of the following content:

"36-1. Day of obtaining is fixed by object of supervision of the notification on the beginning of administrative production in materials of administrative production and is in such afternoon:

1) day of receipt of the notification according to information from object of supervision on receipt of the notification on the beginning of administrative production (in case of receipt of such information by National Bank);

2) the day of obtaining by object of supervision of the message fixed by system of e-mail (in case of availability of assurance of receipt);

3) the day of obtaining by object of supervision of the notification on the beginning of administrative production specified in the assurance of receipt (in case of its sending by mail the registered mail);

4) the day of receipt of the notification specified by the head (authorized person) of object of supervision on the second copy of the notification on the beginning of administrative production in paper form [in case of delivery of the notification under the signature to the head (authorized person) of object of supervision];

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

36-2. Object of supervision within 15 working days from the date of receipt of the Reference with appendices (in the presence) has the right to submit the appeal to National Bank about review by Committee on questions of supervision and regulation of activities of banks, oversight of payment infrastructure / Committee concerning supervision and regulation of activities of the markets of non-bank financial services of the professional judgment stated in the Reference with proper reasons and documentary confirmation (in the presence) of the application for revision of professional judgment. Such address moves in form and according to the procedure, determined in Item 30 of the Section V of this provision.";

7) undressed after Item 37 to add with new Item 37-1 of the following content:

"37-1. Object of supervision has the right to submit to National Bank the petition in writing according to the law on adminprotsedura:

1) electronically means of system of e-mail of National Bank (on condition of connection to system of e-mail of National Bank) or on electronic mailbox of National Bank with imposing the CAP;

2) in paper form.

The copies of documents, endurance from them attached to the petition in paper form make sure the signature of the head (authorized person) of object of supervision with indication of its position, initials and surname, date of assurance and putting down of text "According to the original".

Pages (sheets) of the copy of the document/endurance from it consisting of two and more pages (sheets) shall be numbered and stitched by object of supervision and on reverse side of the last leaf of such copy in the place of fastening of threads paper of 50x50 millimeters in size is pasted and on it the text is noted: "It is numbered and stitched... ARC." (the number of sheets in figures and words is specified) and the mark about assurance of the copy of document/endurance from it according to the procedure, certain in paragraph four of Item 37-1 of the Section V of this provision is put down.

The copies of documents, endurance from them attached to the petition in paper form, electronic copies of paper documents, electronic copies of electronic documents shall have the quality allowing to read all data specified in them.".

 

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