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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of May 6, 2025 No. 51

About approval of Changes in the Instruction about procedure for opening and closing of accounts to users payment service providers on servicing of accounts

According to Articles 7, of 15, 56 Laws of Ukraine "About the National Bank of Ukraine", for the purpose of reduction of the regulatory legal act of the National Bank of Ukraine concerning opening and closing of accounts to users with payment service providers on servicing of accounts in compliance with requirements of the legislation of Ukraine the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Instruction about procedure for opening and closing of accounts to users by payment service providers on servicing of accounts, approved by the resolution of Board of the National Bank of Ukraine of July 29, 2022 No. 162 (with changes) (further - the enclosed Changes in the Instruction).

2. Payment service providers open accounts for separate divisions of legal nonresident persons, representations of the legal nonresident persons who are not performing business activity, information on which is not transferred to the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register), without Changes in the Instruction to complete transfer by the Ministry of Justice of Ukraine of information on separate divisions of legal nonresident persons, representations of the legal nonresident persons who are not performing business activity in the Unified state register in time determined in item 4 of the resolution of the Cabinet of Ministers of Ukraine of September 03, 2024 No. 1004 "About approval of procedure for transfer in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of data on the available and registered branches and representations of the legal entities formed according to the legislation of foreign states".

3. To department of payment systems and innovative development (Andrey Podderegin) after official publication to inform payment service providers on servicing of accounts information on adoption of this resolution.

4. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Alexey Shaban.

5. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of May 6, 2025 No. 51

Changes in the Instruction about procedure for opening and closing of accounts to users payment service providers on servicing of accounts

1. In the Section I:

1) in Item 3:

the second offer of subitem 10 to state in the following edition: "The predostavitel of payment services determined in Items 2-6 of part one of article 10 of the Law concern to non-bank payment service providers;";

in subitem 14 of the word", the financial institution having the right to provision of payment services" to exclude;

In paragraph five of item 4 of the word "and to the financial institutions having the right to provision of payment services" to exclude 2);

3) in Item 5:

the paragraph one to state in the following edition:

"5. Payment organization (except small payment organization), organization of electronic money, the operator of mail service who acquired the right to provision of the financial payment services provided in Items 1-3 of part one of article 5 of the Law have the right to open payment accounts:";

the fourth after the word of "money" to add the paragraph with words and figures "which acquired the right to provision of the financial payment services provided in Items 1-3 of part one of article 5 of the Law";

add Item with the new paragraph of the following content:

"The financial institution having the right to the provision of payment services which acquired the right to provision of the financial payment services provided in Items 1-3 of part one of article 5 of the Law has the right to open payment accounts for residents of Ukraine - legal entities, physical persons entrepreneurs and physical persons in national currency, taking into account the features determined by the Law of Ukraine "About credit unions".";

4) in Item 6:

the paragraph one to state in the following edition:

"6. The non-bank payment service provider shall provide department of means of users from own means and means of other persons (except users) which can be at the disposal of the non-bank payment service provider.";

in the paragraph the second words", the financial institution having the right to provision of payment services shall" "shall" replace with the word;

in subitem 1 of the word", the financial institution having the right to provision of payment services" to exclude;

5) in Item 6-1 of the word", the financial institution having the right to provision of payment services have the right to open in" shall be replaced with words "has the right to open in another";

Item 25 to state 6) in the following edition:

"25. The bank opens accounts for legal nonresident persons, representations of foreign investors under production sharing agreements in the territory of Ukraine, to the representative offices of donor organizations, official representations, the international organizations and their separate divisions having immunity and diplomatic privileges on condition of submission of the copy of the document on their registration in monitoring body. This requirement does not extend to the correspondent accounts opened for nonresident banks in banks of Ukraine.";

7) in the paragraph the second Item 27 of the word", to the financial institution having the right to provision of payment services shall check availability of these persons in" shall be replaced with words "shall check availability of this person in".

2. In the Section II:

Item 36 to state 1) in the following edition:

"36. The bank opens the current account for representation of legal nonresident person which does not perform business activity in the territory of Ukraine and has no account in this bank, based on such documents:

1) copies of the putting down of apostille of the statement legalized or certified in the way from the trade, bank or judicial register / the registration certificate of regional authority of foreign state about registration of the legal person nonresident / document testimonial of registration of legal nonresident person according to the legislation of the country of its location certified of the procedure established by the legislation of Ukraine;

2) copies of the power of attorney legalized or certified by putting down of apostille on accomplishment by this or that person of representational functions in Ukraine assured of the procedure established by the legislation of Ukraine.";

The paragraph the fifth Item 37 and the paragraph the fourth Item 38 to exclude 2).

3. In the second offer of Item 48 of the Section III of the word of "The unified state register" shall be replaced with words "The Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register)".

4. In the Section XI:

Paragraph one of Item 100 after the word of "countries" to add 1) with words and letters ", the European Investment Bank (further - EIB)";

Item 101 after the word "accounts" to add 2) with the letters "EIB";

Paragraph two of Item 102 to exclude 3).

5. In the Section XII:

1) in the name of the Section of the word", to the financial institutions having the right to provision of payment services" to exclude;

2) in Item 106:

word in paragraph one", to the financial institution having the right to provision of payment services" to exclude;

state subitem 2 in the following edition:

"2) to file the documents determined in Item 14 of the Section I and the Section XII of this Instruction;";

word in paragraph seven", the financial institution having the right to provision of payment services" to exclude;

Item 107 to exclude 3).

6. In the subitem 3 of Item 108 of the Section XIII of the word and figures "Items 14, of the 25th Section I of this Instruction (In the cases provided in the Section I of this Instruction)" shall be replaced with words also in figures "Item 14 of the Section I".

7. To add Item 114-1 of the Section XIV with the new paragraph of the following content:

"The small payment organization, branch of foreign payment organization, branch of foreign organization of electronic money and the financial institution having the right to provision of payment services applies requirements of Item 114-1 of the Section XIV of this Instruction taking into account the requirements determined in Item 5 of the Section I of this Instruction.".

8. In the Section XV:

1) in the name of the Section of the word", the financial institutions having the right to provision of payment services" to exclude;

The subitem 2 Items 121 after words of "legal resident person" to add 2) with words ", separate division of legal nonresident person, representation of the legal nonresident person who is not performing business activity";

3) in Item 124:

the paragraph one to state in the following edition:

"124. The payment service provider closes the current/payment account of legal person resident / separate division of the legal person nonresident / representation of legal nonresident person which does not perform entrepreneurial activities / physical person entrepreneur (if there is no balance on the account) based on information obtained from monitoring bodies and its check in the Unified state register according to the procedure determined by the legislation of Ukraine about state registration of the termination of legal person resident / separate division of the legal person nonresident / representation of legal nonresident person which does not perform entrepreneurial activities / business activity of physical person entrepreneur or independent detection of such data in the Unified state register.";

in the paragraph the second words "the legal resident person liquidated" shall be replaced with words "the legal person resident / separate division of the legal person nonresident / representation of the legal nonresident person who is not performing business activity, liquidated";

4) undressed after Item 126 to add with new Item 126-1 of the following content:

"126-1. The liquidator (liquidation commission) for holding liquidating procedure uses one current account of separate division of the legal person nonresident / representation of legal nonresident person which does not perform business activity, are liquidated. In bank in this case the copy of the decision of legal nonresident person, and in cases, stipulated by the legislation Ukraine, - the copy of the judgment based on which liquidation of separate division of the legal person nonresident / representation of legal nonresident person which does not perform business activity is performed, certified of the procedure established by the legislation of Ukraine or the authorized employee of bank moves.

The liquidator (liquidation commission) for closing of other accounts which are not used for holding liquidating procedure submits in the payment service provider the application for account termination signed by person who according to the decision of the legal nonresident person, court or body which made the decision on liquidation of separate division of the legal person nonresident / representation of legal nonresident person which does not perform business activity it is appointed the liquidator (on condition of carrying out identification and verification according to the legislation concerning financial monitoring) and the copy of the decision of legal nonresident person or court about liquidation of separate division of the legal person nonresident / representation of legal nonresident person which does not perform business activity certified of the procedure established by the legislation of Ukraine or the authorized worker of the payment service provider.

The current account which was used for holding liquidating procedure is closed by bank based on the application for closing of the current account submitted by the liquidator. The bank in the presence of means on the current account which is closed by the liquidator after completion of the liquidating procedure performs the completing account transactions according to requirements of Article 110-1 of the Civil code of Ukraine.";

5) in Item 134:

word in paragraph one", the financial institution having the right to provision of payment services" to exclude;

in subitem 1 of the word", the financial institution having the right to provision of payment services" to exclude;

in subitem 2 of the word", the financial institution having the right to provision of payment services" to exclude;

in subitem 3 of the word", the financial institution having the right to provision of payment services" to exclude;

word in paragraph five of "the financial institution having the right to provision of payment services" to exclude;

in paragraph six:

words", the financial institution having the right to provision of payment services", "the financial institution having the right to provision of payment services" to exclude;

the paragraph after the word "return" to add with the word "/are listed".

 

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