RESOLUTION BOARD OF THE NATIONAL BANK OF UKRAINE

from 30 April, 2010 No. 223

About implementation of transactions with use of special means of payment

According to articles 7 and 40 of the Law of Ukraine "About the National Bank of Ukraine", articles 13 and 14 of the Law of Ukraine "About payment systems and money transfer in Ukraine", for the purpose of enhancement of procedure for issue of special means of payment and implementation of transactions with their use the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for issue of special means of payment and implementation of transactions with their use (further the Provision) it (is applied).

2. Approve Changes to the Instruction about procedure for opening, use and closing of accounts in national and foreign currencies, N 492, of Ukraine registered in the Ministry of Justice approved by the resolution of Board of the National Bank of Ukraine of 12.11.2003 17.12.2003 for N 1172/8493 (with changes) (are applied).

3. Recognize invalid:

the resolution of Board of the National Bank of Ukraine of 19.04.2005 N 137 "About approval of the Regulations on procedure for issue of payment cards and implementation of transactions with their application", registered in the Ministry of Justice of Ukraine 19.05.2005 for N 543/10823;

the resolution of Board of the National Bank of Ukraine from 04.01.2008 N 2 "About approval of Changes to Regulations on procedure for issue of payment cards and implementation of transactions with their application", registered in the Ministry of Justice of Ukraine 22.01.2008 for N 41/14732;

paragraph two of Item 2 of the resolution of Board of the National Bank of Ukraine of 05.06.2008 N 165 "About modification of some regulatory legal acts of the National Bank of Ukraine concerning approval of rules by the National Bank of Ukraine interstate and international payment systems", registered in the Ministry of Justice of Ukraine 07.07.2008 for N 600/15291.

4. To banks - members of payment service providers which perform issue and acquiring of special means of payment, except payment cards to provide till 01.08.2010 to the National Bank of Ukraine of the message on work of bank with special means of payment in the form given in appendix to the Provision.

5. To banks - members of payment service providers which perform acquiring of special means of payment to provide till 01.08.2010 codification of automatic tellers of self-service with assignment of intra bank registration code by it according to intra bank system of registration codification.

6. To department of payment systems (N. G. Lapko) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of territorial administrations of the National Bank of Ukraine and banks of Ukraine for use in work.

7. This resolution becomes effective from the date of its official publication, except:

Item 3 paragraph two. 9, paragraph of third Item 7. 3, Provision Items 9.11 and 9.12 which become effective from 01.01.2011;

Item 3.13 and the paragraph of the sixth Item 7.7 of the Provision which become effective from 01.01.2012.

8. To impose control over the implementation of this resolution on the chief executive concerning payment systems and calculations V. M. Kravts.

The Resolution of Board of the National Bank of Ukraine from 30 April, 2010 No. 223 is approved

Regulations on procedure for issue of special means of payment and implementation of transactions with their use

1. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About payment systems and money transfer in Ukraine", other regulatory legal acts of Ukraine, including regulatory legal acts of the National Bank of Ukraine.

1.2. This Provision establishes general requirements of the National Bank of Ukraine (further - National Bank) to issue by banks, branches of foreign banks (further - banks) special means of payment and determines procedure of transactions with their use.

1.3. Requirements of this Provision extend to payment institutes of members and members of payment service providers which are subjects of the relations arising during implementation of the transactions initiated with use of special means of payment of these payment systems.

Requirements of this Provision do not extend to the subjects of managing performing release of phone, transport, fuel, discount cards and other means which do not belong to payment and are intended for fixation in electronic form of debt of the issuer to the holder of these means on prepaid goods (services), and on transactions which are performed with their use.

1.4. Terms in this Provision are used in the following value:

authorization - the procedure of receipt of permission to carrying out transaction with use of special means of payment;

the automatic teller of self-service (further - the ATM) software and hardware complex which gives opportunity to the holder of special means of payment to perform self-service on transactions on receipt of means in cash form, their introduction for transfer into the corresponding accounts, receipt of information concerning condition of accounts, and also to execute other transactions according to functionality of this complex;

loss of special means of payment - impossibility of implementation by the holder of control (ownership) over special means of payment, illegal mastering and/or use of special means of payment or its details;

the holder of special means of payment - physical person which on legal causes uses special means of payment for initiation of money transfer from the corresponding bank account or performs other transactions using the specified special means of payment;

the authorized representative of the user (further - the authorized representative) physical person which on legal causes has the right to perform transactions with use of special means of payment on the account of the user;

the document on transaction with use of special means of payment - the document confirming accomplishment of transaction with use of special means of payment based on which the relevant documents on transfer are created or funds for accounts are enlisted;

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