RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 20, 2012 No. 254

About approval of the Regulations on procedure for regulation of activities of banking groups

According to the Law of Ukraine of 19.05.2011 No. 3394-VI "About introduction of amendments to some Laws of Ukraine concerning supervision on the consolidated basis", the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity", "About financial services and state regulation of the markets of financial services", for the purpose of ensuring banking system stability and introduction of supervision on the consolidated basis of the Board of the National Bank of Ukraine DECIDES: banking groups

1. Approve Regulations on procedure for regulation of activities of banking groups (further - the Provision) which are applied.

2. To the banking groups created till 19:12. 2011, to provide observance of the requirements and standard rates established by the Provision since 19.12.2013.

3. To the banking groups created after 19:12. 2011, to provide observance of the requirements and standard rates established by the Provision since 01.01.2013.

4. To responsible persons of the banking groups created till 19:12. 2011, to recommend to provide the reporting and information in the National Bank of Ukraine in the amount determined by the Provision in the test mode from 01.01.2013 till 19.12.2013.

5. Chapter 2 of the Section, the X Instruction about procedure for regulation of activities of banks in Ukraine approved by the resolution of Board of the National Bank of Ukraine of 28.08.2001 No. 368, of Ukraine registered in the Ministry of Justice 26.09.2001 for No. 841/6032 (with changes) to exclude. With respect thereto 3, of 4, 5 to respect Chapters respectively Chapters 2, of 3, 4.

6. (Novikov V. V.) to submit to department of normative and methodological ensuring bank regulation and supervision (Ivanenko N. V.), Legal department this resolution on state registration to the Ministry of Justice of Ukraine.

7. To department of normative and methodological ensuring bank regulation and supervision (Ivanenko N. V.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to permission of banks.

8. To banks which are members of banking groups to bring contents of this resolution to permission of banking groups, controllers and responsible persons of banking groups.

9. The resolution becomes effective from the date of official publication, except Chapter 5 of the Section II of Provisions which becomes effective from 01.01.2013.

10. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Sorkin I. V.

 

Approved by the Resolution of Board of the National Bank of Ukraine of June 20, 2012 No. 254

Regulations on procedure for regulation of activities of banking groups

Section I. General provisions

1. The Nastoshchy Provision is developed according to the law of Ukraine of 19.05.2011 No. 3394-VI "About introduction of amendments to some laws of Ukraine concerning supervision on the consolidated basis", to the Laws of Ukraine "About the National Bank of Ukraine", "About banks and banking activity" (further - the Law on banks), "About financial services and state regulation of the markets of financial services" taking into account the commonly accepted principles and standards in the international practice and establishes requirements concerning regulation of activities of banking groups for the purpose of ensuring banking system stability and restriction of risks which result from participation of financial institutions in banking groups.

2. Requirements of this provision extend to banking groups and subgroups which are determined within banking groups (further - subgroups of banking groups) according to the Regulations on procedure for identification and recognition of banking groups approved by the resolution of Board of the National Bank of Ukraine of 09.04.2012 No. 134, registered in the Ministry of Justice of Ukraine 28.04.2012 for No. 708/21021 (with changes) (further - No. Provision 134).

3. Terms and reducings in this Provision are used in the following values:

1) the auditor - auditing firm which performs verification of the consolidated annual financial reporting of banking group and/or the overview of the consolidated/subconsolidated intermediate reporting of bank group / subgroup of banking group according to the agreement on provision of auditor services signed with the responsible person of banking group;

2) the payments assumed to payment from profit - the benefits amount from profit of reporting year / arrived for the intermediate accounting period determined in the note to the consolidated statements of banking group which part the insurer / the subconsolidated statements of credit and investment subgroup of "Events after Reporting Date" banking group, except the amount of the dividends announced to payment from this profit is not;

3) dividend policy of the member of credit and investment subgroup - dividend policy of the bank / dividend policy of the member of credit and investment subgroup which is not bank;

4) dividend policy of the member of credit and investment subgroup who is not bank, - the internal document on intentions of distribution of the forecast amount of net profit approved by authorized body of the member of credit and investment subgroup / retained earnings of last years constituted for the corresponding forecast year taking into account the strategy, the business plan, the program of capitalization/restructuring in which are determined at least the forecast amount/percent of net profit / retained earnings of last years which is planned to direct to payment dividends/payment on shares/share from profit (further - dividends) and/or to leave in the capital in the form of retained earnings of the last years or funds / reserves created by profit;

5) DK1 - the supplementary capital of 1 level;

6) investors - the third parties - persons who belong components of fixed capital of 1 urovnya/DK1/capital 2 levels of subsidiary company of the member of banking group and not being members of credit and investment subgroup;

7) K1 - the capital of 1 level;

8) K2 - the capital 2 levels;

9) OK1 - fixed capital of 1 level;

10) Provision No. 196 - The regulations on procedure for determination by banks of Ukraine for the size of the regulatory capital approved by the resolution of Board of the National Bank of Ukraine of December 28, 2023 No. 196 (with changes);

11) the Regulator - the National Bank of Ukraine (further - National Bank) or the National commission on securities and the stock market according to distribution of powers, certain Law of Ukraine "About financial services and finance companies";

12) RK - the regulatory capital;

13) the amount of the dividends assumed to payment from profit - the amount of the dividends assumed to payment from retained incomes of last years / arrived of reporting year / arrived for the intermediate accounting period;

14) the authorized person of National bank - the board member of National Bank or the division manager of National Bank to which functions implementation of permanent banking supervision belongs (further – division of banking supervision);

15) minority share in OK1/DK1/K1/K2/RK - the amount of fixed capital of 1 level / the supplementary capital of 1 level/capital of 1 level/capital 2 levels / the regulatory capital of the affiliated participating company of the banking group belonging to investors third parties;

16) the board member of National Bank – the board member of National Bank which performs the common directorship and controls activities of division of banking supervision, according to distribution of functional obligations between the Chairman of National Bank, his first deputy and vice-chairmen of National Bank.

Other terms used in this Provision are applied in the values determined by the Law on banks, other laws of Ukraine and regulatory legal acts of National Bank.

4. This Provision establishes procedure of payments of the size of the regulatory capital, the capital of 1 level, fixed capital of 1 level, the minimum requirements on sufficiency of the regulatory capital, the requirement for forming of buffers of the capital and procedure of payments of buffers of the capital / the combined buffer of the capital, value of buffers of the capital, the minimum values and procedure of payments of such prudential standard rates of banking group and/or subgroups of banking group:

1) standard rates of the capital:

sufficiency of fixed capital of 1 level (N Ok1k);

capital adequacy of 1 level (N K1k);

sufficiency of the regulatory capital (N of RKK);

2) standard rates of liquidity:

the paragraph two is excluded according to the Resolution of Board of the National Bank of Ukraine of 01.08.2025 No. 91

the paragraph third is excluded according to the Resolution of Board of the National Bank of Ukraine of 01.08.2025 No. 91;

coverage ratio liquidity on all currencies (LCR BB to);

coverage ratio liquidity in foreign currency (LCR IS to);

coefficient of net stable financing (NSFRk);

3) standard rates of credit risk:

the maximum extent of credit risk on one partner (N7k);

big credit risks (N8k);

the maximum extent of credit risk on transactions with the connected persons (N9k);

4) standard rates of participation (investment):

participation (investment) in the capital of the legal entity which is not financial institution (N11k);

total amount of participation (investment) (N12k).

5. The responsible person of banking group shall provide observance on permanent basis by banking group which part at least one insurer is:

1) the minimum requirements concerning sufficiency of the regulatory capital;

2) standard rates of credit risk;

3) standard rates of participation (investment).

6. The responsible person of banking group shall provide observance on permanent basis by credit and investment subgroup, banking group which part the insurer is not (further - credit and investment subgroup):

1) minimum values of standard rates of the capital;

2) the combined capital buffers;

3) minimum values of standard rates of liquidity;

4) standard rates of credit risk;

5) standard rates of participation (investment).

7. The responsible person of banking group shall provide observance on permanent basis by insurance subgroup of the minimum requirements concerning sufficiency of the regulatory capital.

8. The responsible person of banking group shall provide observance on permanent basis by subgroup of the banking group determined by geographical criterion:

1) the minimum requirements concerning sufficiency of the regulatory capital [if at least one insurer is part of subgroup];

2) the minimum values of standard rates of the capital (on members of subgroup in general, except insurers);

3) the combined capital buffers (on members of subgroup in general, except insurers);

4) the minimum values of standard rates of liquidity (on members of subgroup in general, except insurers);

5) standard rates of credit risk;

6) standard rates of participation (investment).

9. The responsible person of banking group perfroms calculation of sufficiency of the regulatory capital, prudential standard rates of bank group / subgroup of banking group, capital buffers / the combined capital buffers according to the procedure determined by this Provision.

10. The responsible person of banking group includes in calculation of sufficiency of the regulatory capital, prudential standard rates of bank group / subgroup of banking group assets, obligations and off-balance obligations according to the procedure determined by the Instruction about procedure for regulation of activities of banks in Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 28, 2001 No. 368, of Ukraine registered in the Ministry of Justice on September 26, 2001 at No. 841/6032 (with changes) (further - the Instruction No. 368), taking into account method of calculation of prudential standard rates of regulation of activities of banks in Ukraine, method of calculation of coverage ratio liquidity (LCR), the method of calculation of coefficient of net stable financing (NSFR) established by National Bank.

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