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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 18, 2026 No. 95

About modification of some regulatory legal acts of the National Bank of Ukraine concerning regulation of activities of the collection companies

According to Articles 7, of 15, 55-1, 56 of the Law of Ukraine "About the National Bank of Ukraine", Articles 5, of 22, 28 Laws of Ukraine "About consumer crediting", Articles 46, of 51, of 54, 74 Laws of Ukraine "About ministerial procedure", Articles 21, 23 "About financial services and finance companies", for the purpose of enhancement of regulation of activities of the collection companies, refining of criteria of not irreproachable goodwill and regulation of procedure of supervision of observance of requirements of the legislation of Ukraine on consumer protection the Board of the National Bank of Ukraine decides:

1. The paragraph of the eighth of Item 3 of the Section I of the Regulations on qualification requirements to employees of the collection companies approved by the resolution of Board of the National Bank of Ukraine of July 09, 2021 No. 77, to state in the following edition:

"Other terms in this Provision are used in the values given in the Law on consumer crediting, the Law of Ukraine "About financial services and finance companies" (further - the Financial services act), other laws of Ukraine and regulatory legal acts of National Bank.".

2. Approve Changes in:

1) Regulations on registration of the collection companies, the Board of the National Bank of Ukraine approved by the resolution of July 09, 2021 No. 75 (with changes) (further - No. Provisions 75) which are applied;

2) Regulations on the organization, carrying out and registration of results of inspection checks of the collection companies, the Board of the National Bank of Ukraine approved by the resolution of October 14, 2022 No. 220, which are applied.

3. Provide to the collection companies reduction of the activities in compliance with requirements of the Provision No. 75 taking into account the changes approved by this resolution within six months from the date of entry into force of the present the resolution.

4. The collection companies within six months from the date of entry into force of this resolution shall provide submission to the National Bank of Ukraine:

1) written assurance of any form which contains complete and reliable information about conducting by the collection company check of heads, owners of essential participation in such collection company on their compliance to the requirements for goodwill determined in the Provision No. 75 taking into account the changes approved by this resolution, and on compliance of specified persons to requirements for goodwill;

2) the questionnaire with the description of business intentions constituted in the form established by the administrative act of the National Bank of Ukraine and placed on the page of Official Internet representative office of the National Bank of Ukraine (table 8 of this questionnaire is not filled in).

5. The National Bank of Ukraine considers document packages which are under its consideration, and decisions which are not made on the date of entry into force of this resolution, according to requirements of the Provision No. 75 taking into account the changes approved by this resolution, and according to the procedure, determined by the legislation of Ukraine.

6. To department of methodology of regulation of activities of non-bank financial institutions (Sergey Savchuk) after official publication to inform the collection companies information on adoption of this resolution.

7. 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 August 18, 2026 No. 95

Changes in Regulations on registration of the collection companies

1. To state the subitem 5 of Item 3 of Chapter 1 of the Section I in the following edition:

"5) the electronic copy of the original document in paper form - the visual representation of the paper document electronically gained by scanning of the original of the paper document which original compliance attested qualified digital signature (further - the CAP) that is imposed on the document with observance of requirements of the legislation of Ukraine in the field of electronic confidential services and electronic document management (except cases when such assurance is not required by this Provision) (further - the electronic copy of the document;".

2. To state the subitem 8 of Item 77 of Chapter 7 of the Section II in the following edition:

"8) copies of the reference or data (extraction) of competent authority of the country of the permanent residence and nationality of heads of the applicant and its owners of essential participation - physical persons about what is not present or is criminal record;".

3. In the Section III:

1) in Chapter 10:

in Item 87:

subitem 1 after the word "terrorism" to add with words" making of criminal offenses against the world, safety of mankind, the international law and order, crimes against bases of homeland security of Ukraine,";

in subitem 2 of the word", rationing arrangements (further - sanctions) "shall be replaced with words", including special economic and other rationing measures (further - sanctions),";

"essential participation and/or the head" to add the subitem 8 after words with words", and/or performs influence on management or activities";

in the subitem to replace 3 Items of the 89th figure and the word "30 days" with figures and the words "30 calendar days";

to add Chapter after Item 89 with new Item 89-1 of the following content:

"89-1. The signs of not indifferent goodwill of physical person connected with carrying out transactions in the capital markets are:

1) will be locked to person (it is applied during all term of prohibition) by making and/or accomplishment of derivative contracts, transactions on securities;

2) the prohibition of modification of system of depositary accounting concerning securities applied to person as to the owner (it is applied during all term of prohibition).";

in Item 90:

"official position or" to add subitem 1 after words with words" for making";

to add the subitem 2 after the words "on occupation lawyer activities, cancellation" with words" issued to person";

the second offer of subitem 4 to add with words and figures" (further - No. Provision 199)";

the subitem 3 Items 91 after the words "influence actions" to add with the word "that";

state Item 91-4 in the following edition:

"91-4. The signs of not irreproachable goodwill of physical person connected with offenses is the introduction in legal force of the judgment concerning person for violation of requirements of the anti-corruption legislation, legislation concerning financial monitoring, the legislation on financial services (it is applied within three years from the date of the introduction in legal force of the relevant decision of court).";

2) in Chapter 11:

in Item 92:

subitem 1 after words" (except the states performing" to add with the word" / performing";

"owners and/or heads" to add the subitem 6 after words with words", and/or perform influence on management or activities";

"and/or heads" to add the subitem 8 after words with words", and/or perform influence on management or activities";

in the subitem 94 figures and the word "90 days" to replace 3 Items with figures and the words "90 calendar days";

state Item 95 in the following edition:

"95. The signs of not irreproachable goodwill of the legal entity connected with economic activity are:

1) inclusion of the legal entity as the issuer in the list of the issuers having fictitiousness signs which is kept by the National commission on securities and the stock market (it is applied during the term of stay in this list);

2) suspension of placement of securities which issuer is the legal entity in connection with recognition of unfair emission (it is applied during all term of suspension);

Will lock 3) to the legal entity (it is applied during all term of prohibition):

making and/or accomplishment of derivative contracts, transactions on securities;

implementation of public offer of securities or the admission of securities to the biddings in the organized market;

4) the prohibition of modification of system of depositary accounting concerning securities of certain issuer or certain owner applied to the legal entity as to the issuer or the owner (it is applied during all term of prohibition);

5) acceptance by National Bank concerning such legal entity of the decision specified in Item 18 of the Section III of Provisions No. 105, except the decision on the inadequate relation of certain services or transactions which in essence contain signs of one or several types of financial services according to the Financial services act and/or special laws to certain type of the financial services determined by part one of Article 4 of the Financial services act (it is applied within 10 years from the date of adoption of the relevant decision).";

in Item of 96-1 figure "95" to replace with figures "96";

3) in Chapter 12:

add Item 97 with words and figures ", determined in Item 98 of Chapter 12 of the Section III of this provision.";

to state the subitem 1 of Item 98 in the following edition:

"1) fundamental and/or systematic breaches by person of requirements of the bank, financial, foreign, tax legislation, legislation concerning financial monitoring, the legislation in the field of realization of special economic and other rationing measures (sanctions), the legislation on the capital markets, joint-stock companies, on consumer protection, requirements of the legislation on consumer crediting (requirements to ethical behavior);";

4) in Chapter 13:

state Item 99 in the following edition:

"99. Assessment of goodwill is performed on the basis:

1) documents for identification of the personality according to requirements of the Provision No. 200;

2) questionnaires with the description of business intentions in the form established by the administrative act of National Bank and placed on the page of Official Internet representative office of National Bank;

3) copies of the reference or data (extraction) of competent authority of the country of the permanent residence and nationality of physical person about what is not present or is criminal record;

4) statements/statements from the statement of qualified non-bank financial institution in the form established by the administrative act of National Bank and placed on the page of Official Internet representative office of National Bank.";

to add Chapter after Item 99 with new Item 99-1 of the following content:

"99-1. The National Bank has the right to perform assessment of goodwill of physical persons and legal entities also based on the documents and information received from the collection company, legal entities, physical persons, state bodies and also from official sources.";

add Item 101 with words ", and also for the complete and comprehensive analysis and adoption of the motivated decision by it according to requirements of this provision.";

5) in Chapter 14:

to add Item 103 after paragraph one with two new paragraphs second and third the following content:

"The legal entity, owner of essential participation in whom is person concerning whom there is sign of not irreproachable goodwill, determined in Items 89-91, 91-3, 91-4 of Chapter 10 of the Section III or Items 94-96, 96-2, 96-3 of Chapter 11 of the Section III of this provision, has the right to submit the application for non-use to such owner of essential participation of the revealed sign. Such statement of the legal entity shall contain the signature of person concerning whom there is sign of not irreproachable goodwill. Person concerning whom there is sign of not irreproachable goodwill does not submit the application for non-use of sign of not irreproachable goodwill to it in case of submission of such statement by the legal entity.

Person files in National Bank petition for non-use to it the revealed sign of not irreproachable goodwill if such person considers necessary to initiate consideration by National Bank of question of possibility of non-use to it the revealed sign.".

With respect thereto paragraphs two, third to consider respectively paragraphs the fourth, fifth;

to add Chapter after Item 106 with new Item 106-1 of the following content:

"106-1. The committee on questions of supervision after elimination of the reasons which formed the basis for application to the legal entity of sign of not irreproachable goodwill according to Item 96-3 of Chapter 11 of the Section III of this provision from the date of establishment of the corresponding fact makes the decision on recognition of the decision on recognition of goodwill of person not irreproachable invalid.";

add Chapter with two new Items of the following content:

"113-1. The signs of not irreproachable goodwill determined in Items 89-91, 91-3, 91-4 of Chapter 10 of the Section III or Items 95, of 96, 96-2 Chapters 11 of the Section III of this provision are not applied to physical person or legal entity if assessment of goodwill of such person was performed within the procedures determined by the Regulations on licensing of banks approved by the resolution of Board of the National Bank of Ukraine of December 22, 2018 No. 149 (with changes) (further - No. Provisions the 149)/provision No. 199/regulations on procedure for issue to the legal entities of the license for 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) (further - No. Provision 926), and the sign in essence is to the similar signs determined No. provision No. 149/provision No. 199 / Provision 926, and which arose taking into account the same actual circumstances, and the National Bank makes the decision on non-use to such person of sign of not irreproachable goodwill.

113-2. The signs of not irreproachable goodwill determined in subitems 6, of the 8th Item 92 of Chapter 11 of the Section III of this provision are not applied to the legal entity if assessment of goodwill of such legal entity, his heads was performed within the procedures determined No. Provision No. 149/provision 199, and the decision on non-use to such person and his heads of sign (signs), determined (determined) in the subitem 12 of Item 62 of Chapter 6 of the Section II and in Item 70 of Chapter 7 of the Section II of Provisions No. 149/subitems 6, of the 8th Item 359 of Chapter 26 of the Section IV of Provisions No. 199 is made by National Bank.".

4. In Chapter 19 of Chapter V:

The subitem 2 of Item 146 to state 1) in the following edition:

"2) documents for assessment of goodwill of person, including copies of references or data (extraction) of competent authority of the countries of the permanent residence and/or nationality of physical person about what is not present or is criminal record;";

The subitem 6 of Item 153 to state 2) in the following edition:

"6) copies of references or data (extraction) of competent authority of the country of the permanent residence and nationality of the appointed (elected) head of the collection company about what is not present or is criminal record.".

Approved by the Resolution of Board of the National Bank of Ukraine of August 18, 2026 No. 95

Changes in Regulations on the organization, carrying out and registration of results of inspection checks of the collection companies

1. In the Section I:

1) Item 1 after words" (dalee-Zakon about crediting)" to add with the words "" about ministerial procedure " (further-the Administrative procedure act)";

2) in Item 2:

state subitems 2-5 in the following edition:

"2) the certificate of inspection check document, constituted by inspectors/inspectors by results of inspection check of separate type of activities/aspects of the activities performed by the collection company which form affirms the authorized officer of National Bank;

3) the report on inspection check document on results of the carried-out inspection inspection of the object of check created by the head of inspection team taking into account certificates of inspection check and other information whose form affirms the authorized officer of National Bank;

4) the inspector person, authorized by National Bank on implementation of inspection check according to the administrative act of National Bank of conducting inspection check;

5) inspection check / inspection - form of implementation of supervision in the form of unscheduled inspection inspection of object of check on its location, determined according to item 4 of the Section I of this provision, and/or to other address determined according to requirements of this provision and/or by the remote access provided for conducting inspection check to documents, information and systems of automation with use of the information and communication technologies which are available in the collection company that is carried out by representatives according to the administrative act of National Bank of conducting inspection check by persons;";

to add Item after subitem 6 with new subitem 6-1 of the following content:

"6-1) qualified digital signature (further - KEP) - the advanced digital signature which is created with use of means of the qualified digital signature and are based on the qualified digital signature certificate, created according to requirements of the Law of Ukraine" About electronic identification and electronic confidential services ";";

7, 8 to state subitems in the following edition:

"7) the head of inspection group - the official of National Bank to who the obligation of conducting inspection check is assigned and which is determined in the administrative act of National Bank of conducting inspection check and performs direct management of process of inspection check by inspectors, signs the report on inspection check, requests and other documents which are constituted during inspection check (if necessary);

8) the head of object of check - sole executive body or the chairman of collegiate executive body of object of check, and in case of its absence the member of collegiate executive body or the member of the observation, council of object of check supervisory (in the presence) or other official of object of check fulfilling duties of the head of object of check for its temporary absence;";

to add Item after subitem 12 with new subitem 12-1 of the following content:

"12-1) person, authorized to represent the interests of object of check, - the head of object of check or in case of its absence person authorized by the head of object of check or relevant organ of management of object of check to represent the interests of object of check for the period of conducting inspection check;";

the eighteenth to replace the paragraph with two new paragraphs the eighteenth, nineteenth the following content:

"Term" administrative production "is used in this Provision in the value given in the Administrative procedure act.

Other terms used in this Provision get on in the values determined by the Law on crediting, the Administrative procedure act, other laws of Ukraine and regulatory legal acts of National Bank.";

3) undressed after Item 5 to add with three new Items 5-1-5-3 of the following content:

"Ukrainian language, shall contain exact and reliable information, not have corrections and discrepancies between the data stated in them and/or received from official sources.

5-2. The documents constituted in foreign language for representation to the head of inspection team by its written request according to this Provision move together with transfer into Ukrainian [correctness of transfer makes sure impress of a seal (in the presence) translation bureau and the personal signature of the translator]. The request of the head of inspection team may contain the requirement about notarial assurance of correctness of transfer or authenticity of the signature of the translator. Ukrainian Ukrainian is not transferred to the documents constituted in foreign language in case of simultaneous targeting of their text in Ukrainian.

5-3. At the request of the head of inspection team the documents constituted and/or certified by the relevant competent authorities of the foreign country shall be legalized in accordance with the established procedure if other is not provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.".

2. In the Section II:

1) in Item 9:

to add the subitem 6 after the words "initiate holding meetings" with words ", including meetings in the mode of video conferences and with the video right (with the consent of object of check) with person, the representative to represent the interests of object checks/members of collegiate executive body and members of council (the observation, the observation - in the presence) object of check,";

in subitem 7:

the paragraph one after the words "appoint and conduct interview" to add with words ", including interview in the mode of video conferences and with the video right (with the consent of object of check) for receipt of explanations and information,";

exclude paragraph two;

add Item with the new subitem of the following content:

"8) to constitute and send in electronic form requests, protocols, other documents which are created during inspection check.";

2) undressed after Item 9 to add with three new Items 9-1-9-3 of the following content:

"9-1. Exchange of electronic documents between members of inspection team and person, the representative to represent the interests of object of check, and/or workers of object of check it is performed by use of information and communication technologies or transfer by means of e-mail of National Bank, or transfer on replaceable carriers

information with observance of requirements for transfer of the documents with signature stamp of restriction of access established by National Bank.

9-2. Questions and answers during the interview are fixed in the protocol which is constituted in duplicate and is signed by all participants of interview. The head of inspection team in case of refusal of the participant of interview from signing of the protocol fixes the fact of such refusal in duplicate of such protocol.

One copy of the protocol is provided to object of check or goes to object of check by means of e-mail in the form of the electronic copy certified according to the procedure, established by the legislation of Ukraine, or mail service (the registered mail with the assurance of receipt) no later than two working days from the date of its creation.

9-3. The rights of members of inspection team determined in subitems 1, of 2, 4 Items 9 of the Section II of this provision can be realized by visit of meetings of the collegiate organs of management determined by the charter and internal documents of the committees/commissions given authority to make decisions concerning activities of object of check.".

3. In the Section III:

1) in Item 11 of the word "Head of Object of Check" shall be replaced with words "Person, authorized to represent the interests of object of check,";

2) in Item 12 the word "Head" shall be replaced with words "Person, authorized to represent the interests of object of check,";

3) in Item 13:

the paragraph one and subitem 1 to state in the following edition:

"13. Person, authorized to represent the interests of object of check, workers of object of check shall perform all necessary actions for realization of the rights of the members of inspection team during conducting inspection check determined in Item 9 of the Section II of this provision including:

1) to provide to members of inspection team free and easy access to information of object of check, including information with limited access, documents and their copies in paper or electronically (in the form of electronic files, copies of the documents made by method of scanning or creation of photocopies, electronic documents) by their sending by e-mail or transfers on replaceable data carriers, video - and sound recordings, the written explanations concerning activities of object of check and/or concerning observance of requirements of the legislation of Ukraine by it;";

"free" to add the subitem 3 after the word with words" and free";

4, 7 to state subitems in the following edition:

"4) to provide inspection team in day of the beginning of inspection check by the office which conforms to requirements for sanitary and epidemiologic and sanitary and hygienic regulations, with right to use by it throughout the entire period of conducting inspection check. The room shall be equipped with the necessary furniture, case for document storage (which is locked or with possibility of its sealing), the computer equipment. Person, authorized to represent the interests of object of check if there is no opportunity to allocate to inspection team the office isolated from workers of object of check, considering the number of this group and with the consent of the head of inspection team, shall provide allocation of the separate workplaces equipped according to the requirements specified in the subitem 4 of Item 13 of the Section III of this provision.

Person, authorized to represent the interests of object of check if there is no opportunity to provide fulfillment of requirements of the subitem 4 of Item 13 of the Section III of this provision, provides to inspection team information and documents (or their copies) specified in the subitem 1 of Item 13 of the Section III and Item 22 of the Section V of this provision for their processing out of the location of object of check with observance of the procedure established in Items 24, of the 25th Section V of this provision, and in case of their inadequate quality (including low permission of font) that complicates document handling, provides upon the demand of the head of inspection team for withdrawal the originals of documents and other data carriers necessary for further supervising actions.

Originals of documents and other data carriers are withdrawn no more than for three working days with obligatory creation of the protocol in which are specified date of its creation, surname, initials and position of the head of inspection team who withdrew documents and other data carriers, the complete list of such documents and other data carriers and day in which documents and other data carriers will be returned.

The protocol is signed by the head of inspection team who withdrew documents and other data carriers. To person, the representative to represent the interests of object of check which documents and other data carriers are withdrawn after withdrawal of documents and other data carriers the copy of the protocol on their withdrawal is provided;";

"7) to organize meeting of inspection team with person, the representative in day of the beginning of inspection check to represent the interests of object of check. In day of the beginning of inspection check and during time of its implementation to provide if necessary the organization of meetings, including in the mode of video conference, inspection team with the contact person and officials of object of check at the initiative of the head of inspection team or if necessary;";

"inspection team with" to add the subitem 8 after words with words" person, the representative to represent the interests of object of check"";

in subitem 9:

the paragraph one after the word "provide" to add with the words "non-paid provision";

state paragraph two in the following edition:

"Written explanations, information, copies of documents, excerpt from the documents provided in paper form shall be signed/are certified by the sign manual of person, the representative to represent the interests of object of check (contact person), with indication of the name of its position, own name and surname, date of assurance of the copy and putting down of text "According to the original".";

4) undressed to add with seven new Items of the following content:

"13-1. Person, authorized to represent the interests of object of check if there is no opportunity to allocate to inspection team the office isolated from workers of object of check and/or other persons, considering the number of this group and with the consent of the head of inspection team, shall provide allocation of the separate workplaces equipped according to requirements of the subitem 4 of Item 13 of the Section III of this provision.

13-2. The electronic copy of the electronic document, the electronic copy of the original document in paper form move in National Bank about the CAP of person, representative to represent the interests of object of check, on digital data carriers [optical disks (CDs/DVDS) or USB флешнакопителях]. The provided optical disks, USB флешнакопители are applied to check materials.

13-3. Object of check if on the written request signed by the head of inspection team significant amount of the documents requiring assurance by imposing the CAP of person, representative be provided to represent the interests of object of check if software and hardware complexes of object of check do not provide the simultaneous group signature of documents, has the right in coordination with the head of inspection team to provide such electronic copies of documents in the grouped format (in the form of the single archive file) with observance of such stages:

1) to group files of electronic copies of documents in subject, for example in the partner, agreement type, the periods of transactions;

2) to combine each group of electronic copies of documents on the chosen subject in one archive file by compression method without loss of data in one of the commonly accepted standards that allows to carry out razarkhivirovaniye by means of the tools (zip) which are built in operating system;

3) to certify the obtained electronic data CAPS of person, representative to represent the interests of object of check;

4) to perform record of the received files on optical disk of one-time record (CD-R/DVD-R) with finalization of session of record of disk or USB флешнакопителях. The provided optical disks of one-time record, USB флешнакопители are applied to check materials.

13-4. The optical disk or USB флешнакопитель is provided together with the cover letter in which are specified:

1) serial number of optical disk or USB флешнакопителя;

2) checksums of all archive files in format (CRC, MD 5, SHA);

3) assurances of person, the representative to represent the interests of object of check, that the provided electronic copies of documents made by method of scanning or creation of photocopies of paper documents correspond to originals of documents.

13-5. Electronic copies of originals of documents in paper form shall be created in the form of the files containing their scanned images.

13-6. Scanning of documents in paper form is performed taking into account the following requirements:

1) format of the ready PDF file;

2) the scanned copy of each separate document is stored as the separate file;

3) the file shall have the short name Latin letters displaying content and details of the document;

4) the documents containing more than one page are scanned in one file;

5) permission of scanning is not lower than 300 dpi.

13-7. The head of object of check for the purpose of creation of conditions for conducting inspection check in case of the temporary absence / impossibility to carry out the obligations shall designate the official who will fulfill duties of the head of object of check for temporary absence of the head of object of check, and/or to designate person, authorized to represent the interests of object of check for the period of conducting inspection check.".

4. Add the Section IV with three new Items of the following content:

"18-1. The National Bank performs communication with object of check by means of e-mail or mail service in the case determined in Item 18-2 of the Section IV of this provision.

18-2. The National Bank has the right to perform communication with object of check in paper form in case:

1) receipt of the written notice from object of check of the termination of official communication by means of e-mail and/or availability of decisions of authorized state bodies of Ukraine on application of personal special economic and other rationing measures (sanctions) against the legal entities providing services of electronic mail services (if object of check uses services of the corresponding person);

2) sending the document means of e-mail, the notification on impossibility to deliver the electronic document to the addressee for the reasons which are not depending on National Bank (including because of blocking, prohibition, restriction of use, post service / mailbox according to decisions of authorized state bodies of Ukraine, court, the owner of the e-mail server, provider, impossibility of receipt of messages due to the lack of empty seat in mailbox).

18-3. The bases for conducting unscheduled inspection inspection of finance company, pawnshop are determined by part four of article 47 of the Law of Ukraine "About financial services and finance companies".".

5. In the Section VI:

Item 27 to state 1) in the following edition:

"27. Inspectors/inspectors by results of inspection check constitute/constitute the certificate of inspection check.

The certificate of inspection check shall contain:

1) descriptive part;

2) conclusions;

3) the description of the fixed circumstances which can be the basis for adoption of the administrative act by National Bank concerning object of check within ministerial procedure (in case of their identification);

4) shortcomings of activities of object of check for interaction with consumers and other persons in case of settlement of overdue debt (observance of requirements for ethical behavior).

The certificate of inspection check may contain other information concerning results of check and reasonable recommendations to object of check on remedial action in its activities.";

2) undressed after Item 27 to add with two new Items 27-1, 27-2 of the following content:

"27-1. Day of the beginning of administrative production at the initiative of National Bank is day of creation of the certificate of inspection check in which circumstances which can be the basis for adoption of the administrative act by National Bank concerning object of check, or documents specified in Item 14 of the Section IV and in Item 37 of the Section VII of this provision are fixed.

The administrative production begun at the initiative of National Bank is performed according to the procedure, established in Regulations on the application of 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 (with changes), taking into account the features determined by the Administrative procedure act.

27-2. Signs which can be the basis for adoption of the administrative act by National Bank concerning object of check are determined in appendix 1 to this Provision.";

Item 28 to add 3) with the new offer of the following content: "Conclusions may contain professional judgment.";

Item 29 to state 4) in the following edition:

"29. The certificate of inspection check is constituted no later than the third working day after the last day of inspection check specified in the administrative act of National Bank of conducting inspection check, in duplicate signed by inspectors/inspectors who prepared/trained her and agrees the head of inspection team.

The first copy of the certificate of inspection check is transferred to person, the representative to represent the interests of object of check, for acquaintance on the second copy which remains at the head of inspection team date of transfer and the signature of the head of object of check about obtaining are specified.";

5) undressed after Item 29 to add with two new Items 29-1, 29-2 of the following content:

"29-1. National Bank in case of creation of the certificate of inspection check, the document specified in Item 37 of the Section VII of this provision in which which circumstances which can be the basis for adoption of the administrative act by National Bank concerning object of check are fixed, reports object of check about the beginning of implementation of administrative production together with sending/transfer of the certificate of inspection check.

The notification on the beginning of administrative production shall contain the rights and obligations of the participant of administrative production, information on opportunity and 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.

29-2. The notification on the beginning of administrative production together with the certificate of inspection check / documents specified in Item 37 of the Section VII of this provision in which which circumstances which can be the basis for adoption of the administrative act by National Bank are fixed, it goes/is transferred to object of check instantly, but no later than the next working day from the date of its creation, and in the presence of the reasonable reasons - no later than three working days from the date of creation of the certificate of inspection check, the documents specified in Item 37 of the Section VII of this provision, by the method determined in Items 18-1 and 18-2 of the Section IV of this provision taking into account the requirements determined by the Administrative procedure act.";

Item 30 to state 6) in the following edition:

"30. Person, authorized to represent the interests of object of check, no later than the third working day from the date of receipt of the first copy of the certificate of inspection check shall notify National Bank by means of e-mail on acquaintance with the certificate of inspection check.

Person, authorized has the right along with sending the notification on acquaintance with the certificate of inspection check to provide reasonable written objections, explanations with documentary confirmation (in the presence) which are integral part of the certificate of inspection check to represent the interests of object of check, in the presence of objections, explanations concerning the facts and conclusions, the recommendations of object of check about remedial action in its activities (in case of provision) stated in the certificate of inspection check.

Person, authorized to represent the interests of object of check, in case of independent elimination by object of check of the revealed violations specified in the certificate of inspection check shall within five working days from the date of its obtaining notify National Bank by means of e-mail or mail service on their elimination with provision of supporting documents.";

7) undressed after Item 30 to add with five new Items 30-1-30-5 of the following content:

"30-1. The head of inspection team considers objections and informs object of check on results of such consideration.

The curator of check has the right to make the decision on meeting (including meeting in the video conference mode) for discussion of results of consideration of objections concerning the facts and conclusions stated in the certificate of inspection check according to the proposal of the head of inspection team or on the written petition of person, the representative to represent the interests of object of check.

Employees of structural divisions of National Bank within whose competence questions which will be considered during the meeting are can be recruited at such meeting (if necessary).

30-2. Object of check in case of disagreement with the professional judgment stated in the certificate of inspection check that concerns it within 15 working days from the date of receipt of the certificate of inspection check has the right to submit the application in any form to National Bank of its review (except the cases determined by the legislation of Ukraine) with proper reasons and documents (their copies) confirming the facts stated in the application for review of professional judgment (in the presence).

The committee on supervision and regulation of activities of non-bank financial institutions (further - Committee) does not consider the application for review of the professional judgment submitted with violation of the term established in paragraph one of Item 30-2 of the Section VI of this provision.

30-3. The National Bank within 15 working days from the date of the receipt of the statement and the documents attached to it determined in Item 30-2 of the Section VI of this provision makes the decision about:

1) review of professional judgment;

2) refusal in review of professional judgment.

The committee makes the decisions specified in subitems 1, 2 Items 30-3 of the Section VI of this provision.

30-4. The decisions of Committee specified in subitems 1, 2 Items 30-3 of the Section VI of this provision are brought to the attention of the object of check which submitted the application for review of professional judgment, join materials of inspection check and are considered by National Bank in case of adoption of administrative acts and implementation of supervising actions concerning object of check by results of the carried-out inspection inspection.

The certificate of inspection check, the report on inspection check in case of decision making about review of professional judgment are left without changes.

30-5. The decision on refusal shall contain the bases of adoption of such decision with proper reasons in review of professional judgment.";

To state Item 33 in the following edition:

"33. The head of inspection team by results of inspection check taking into account certificates of inspection check and other information constitutes the draft of the report on inspection check which may contain the list of all revealed:

1) circumstances which can be the basis for adoption of the administrative act by National Bank concerning object of check (in case of their identification);

2) shortcomings of activities of object of check in case of their identification and reasonable recommendations about their elimination taking into account results of processing of recommendations with object of check (in the presence).

The division of National Bank performing inspection check after preparation of the draft of the report on inspection check informs Committee on results of the carried-out inspection inspection.

The report on inspection check is printed out in duplicate and signed by the head of inspection team and curators/curators of inspection check after consideration of results of inspection check by Committee and accounting of recommendations about results of such consideration (in the presence).";

34 figures and the word "30 days" to replace 9) in Item with figures and the words "35 working days";

10) undressed after Item 35 to add with new Item 35-1 of the following content:

"35-1. The report on inspection check, certificates of inspection check and other materials on inspection check are information with limited access.";

Item 36 to state 11) in the following edition:

"36. Object of check in case of provision by results of inspection reference check within 30 calendar days from the date of receipt of the report on inspection check submits to National Bank information of rather implemented recommendations with supporting documents (their copies) / explanations and/or the actions plan on accomplishment of the provided recommendations which were not implemented by object of check (further - the actions plan), with determination of responsible persons of object of check and terms of their accomplishment. The term of accomplishment of recommendations shall not exceed 90 calendar days from the date of receipt by object of verification of the report on inspection check.

Object of check in case of disagreement with all recommendations provided by results of inspection check or separate from them within 30 calendar days from the date of receipt of the report on inspection check shall inform National Bank on disagreement with provision of reasonable explanations which the National Bank considers in case of determination of supervising actions.";

12) undressed to add with three new Items of the following content:

"36-1. Object of check has the right together with the actions plan to provide the reasonable petition for increase in the terms of accomplishment of the provided recommendations determined in Item 36 of the Section VI of this provision.

The authorized officer of National Bank considers the submitted petition no later than three working days from the date of its receipt.

The National Bank by results of consideration of the petition has the right to approve increase in terms of accomplishment of the provided recommendations or to reject the corresponding petition if there are no proper reasons for increase in terms of accomplishment of recommendations.

36-2. Object of check reports to National Bank on accomplishment of the provided recommendations no later than five working days from the date of the termination of the term established by National Bank on accomplishment of recommendations with provision of supporting documents (their copies) / information/explanations.

36-3. Object of check shall provide on request of National Bank the additional / specifying explanations, information/documents (their copy) requested by National Bank after conducting inspection check, concerning its results, according to the procedure and term, established in such request for the purposes of application of measures for results of inspection check.".

6. 37, of the 40th Section VII to state Items in the following edition:

"37. The head of inspection team in case of refusal object of check in carrying out by persons of inspection check authorized by National Bank (including not admission of inspectors to check implementation; failure to provide to inspection team of documents, information which submission is required according to the legislation of Ukraine, on request; lack of object of check on the location, lack of face, the representative to represent the interests of object of check in the first day of check) draws up the statement of refusal in conducting inspection check according to appendix 1 to this Provision.

The statement is drawn up in duplicate, signed by members of inspection team and person, the representative to represent the interests of object of check.

Person, authorized to represent the interests of object of check, has the right to state in the corresponding part of the act of objection/explanation together with refusal of signature of such act.";

"40. The head of inspection team in case of refusal of the head of object of check from receipt of copy of act/absence of the head of object of check gives such copy of the act in day of its creation to object of check with mark about its obtaining in the second copy of the act or sends act copy to object of check by means of mail service (the mailing with the inventory of investment and the assurance of receipt).".

 

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