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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 24, 2024 No. 160

About modification of some regulatory legal acts of the National Bank of Ukraine concerning conducting checks of non-bank payment service providers, suppliers of limited payment services, inspection checks in the markets of non-bank financial services

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 77, of 78, of 81, 83 Laws of Ukraine "About payment services", Articles 23, 47 Laws of Ukraine "About financial services and finance companies", Articles 114, 116 Laws of Ukraine "About insurance", Articles 37, 44 Laws of Ukraine "About credit unions", the Law of Ukraine "About ministerial procedure", for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine concerning regulation of procedure for the organization, carrying out and registration of results of checks of non-bank payment service providers, suppliers of limited payment services, inspection checks in the markets of non-bank financial services in compliance with the legislation of Ukraine the board of the National Bank of Ukraine decides:

1. Make changes to Regulations on conducting checks of non-bank payment service providers, suppliers of limited payment services, the Board of the National Bank of Ukraine approved by the resolution of April 06, 2023 No. 47, having been reworded as follows it which is applied (further - No. Provision 47).

2. Approve the Change in Regulations on the organization and conducting inspection checks in the markets of non-bank financial services approved by the resolution of Board of the National Bank of Ukraine of December 20, 2023 No. 167 (with changes) (further - Changes in No. Provision 167) which are applied.

3. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform non-bank payment service providers information on adoption of this resolution.

4. The resolution becomes effective from the date of, its official publication following behind day, except Item 1, of the paragraph of the twenty first Item 2 of the Section I, the subitem 3 Items 65, of Items 66, 67 Sections VIIof Provisions No. 47 and the subitem 1, of paragraphs of the fourth - the seventh subitem 2 Items 1, of subitems 1-3, 6-8 of Item 3 and item 4 of Changes in No. Provision 167, which become effective since January 01, 2025.

Approved by the Resolution of Board of the National Bank of Ukraine of April 6, 2023 No. 47

(in edition of the Resolution Board of the National Bank of Ukraine of December 24, 2024 No. 160)

Regulations on conducting checks of non-bank payment service providers, suppliers of limited payment services

I. General provisions

1. This Provision is developed according to requirements of the laws of Ukraine "About the National Bank of Ukraine", "About payment services" (further - the Law on payment services), "About ministerial procedure" (further - the Administrative procedure act) and taking into account provisions of the Directive of the European Parliament and Council (EU) 2015/2366 of November 25, 2015 about payment services in the domestic market, about modification of Directives 2002/65/EC, 2009/110/EC and 2013/36/EC and Regulations (EU) No. 1093/2010 and about cancellation of the Directive 2007/64/EU, Directive of the European Parliament and Council (EU) 2009/110/EU of September 16, 2009 about the beginning and implementation of activities of electronic money by organizations issuers and prudential supervision of it, about modification of Directives 2005/60/EU and 2006/48/EU and about cancellation of the Directive 2000/46/EU and establishes requirements to procedure for the organization, carrying out and registration of results of checks of non-bank payment service providers, suppliers of limited payment services.

2. Terms in this Provision are used in such value:

1) date of check - date as of which supervision of activities of non-bank payment service providers, suppliers of limited payment services in the form of check is carried out;

2) the certificate of check - the document of the established form constituted by the representative on conducting check by person by results of check of single question of the program of check of object of check or aspects of activities / separate transactions performed by object of check which form affirms the administrative act of National Bank signed by the authorized officer of the National Bank of Ukraine (further - National Bank);

3) the e-mail address of object of check - the e-mail address of object of check provided to National Bank according to the procedure, determined in Regulations on the 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), for implementation of official communication, including means of system of e-mail of National Bank;

4) the report on check - the document of the established form of results of the check performed object created by the head of group of check taking into account certificates of check and other information whose form affirms the administrative act of National Bank signed by the authorized officer of National Bank;

5) interview - information collection method when implementing check in the form of conversation (conversation) with fixing of the questions concerning the program of check, and questions of unscheduled inspection and answers to them;

6) the head of group of check - the employee of National Bank determined in the administrative act of National Bank of conducting check which performs direct management of verification process signs the report on check, requests and other documents which are constituted during check (if necessary);

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