RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of August 31, 2012 No. 362

About approval of Changes in the Instruction about interbank money transfer in Ukraine in national currency

According to Articles 7, of 40, "About the National Bank of Ukraine" and for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine in compliance with requirements of the Law of Ukraine of February 23, 2012 No. 4452-VI "About system of guaranteeing household deposits" the Board of the National Bank of Ukraine DECIDES: 56 Laws of Ukraine

1. Approve Changes in the Instruction about interbank money transfer in Ukraine in national currency approved by the resolution of Board of the National Bank of Ukraine of 16.08.2006 No. 320, registered in the Ministry of Justice of Ukraine 06.09.2006 for No. 1035/12909 (with changes) which are applied.

2. To general department of information technologies and payment systems (Sinyavskaya N. B.) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention Operational, territorial administrations of the National Bank of Ukraine and banks of Ukraine for use in work.

3. The resolution becomes effective at the same time with entry into force of the Law of Ukraine of February 23, 2012 No. 4452-VI "About system of guaranteeing household deposits", but not earlier than day of its official publication.

 

Acting Chairman

I. V. Sorkin

IT IS APPROVED: Fund of guaranteeing household deposits

Approved by the Resolution of Board of the National Bank of Ukraine of August 31, 2012 No. 362

Changes in the Instruction about interbank money transfer in Ukraine in national currency

1. In the Section II:

1.1. In Item 3 of Chapter 2:

the first offer to add with the words "according to the procedure, established by the legislation of Ukraine";

the second offer to exclude.

1.2. In Item 2 of Chapter 3 of the word "means of the EDS system" shall be replaced with words "means of system of e-mail of National Bank (further - the EDS system)".

2. In the Section III:

2.1. In the first offer of Item 3 of Chapter 2 of the word "means of the EDS system with use of means of information protection of National Bank" shall be replaced with words "according to the procedure, established by the legislation of Ukraine".

2.2. In Chapter 3:

state Item 7 in such edition:

"7. During temporary administration in corresponding bank the payment requests on forced write-off of means of bankakorrespondent from its correspondent account connected with ensuring accomplishment of the obligations of corresponding bank provided by part six of article 36 of the Law of Ukraine "About system of guaranteeing household deposits" are subject to accomplishment.

The bank fulfills payment requests on forced write-off of means of bankakorrespondent on its correspondent account according to the procedure, determined by Item 5 of this Chapter, in limits:

compensation amount which is guaranteed by Fund of guaranteeing household deposits (in case of ensuring accomplishment of obligations of corresponding bank concerning payment of means for deposits of investors for agreements which term ended, and on bank account agreements of investors);

financial opportunities of corresponding bank according to the legislation of Ukraine (in case of ensuring accomplishment of obligations of bankakorrespondent concerning salary payment, award, the indemnification caused to life and health of employees of corresponding bank, and the expenses connected with ensuring operating activiies of corresponding bank)";

in Item 9 of the word "introduction of the moratorium" shall be replaced with words "implementation of temporary administration in corresponding bank";

state Item 10 in such edition:

"10. During temporary administration in corresponding bank the documents on arrest of means of corresponding bank on its correspondent account connected with ensuring accomplishment of the obligations of bankakorrespondent provided by part six of article 36 of the Law of Ukraine "About system of guaranteeing household deposits" are subject to accomplishment.

The bank carries out documents on the arrest of means of corresponding bank according to the procedure determined by Item 8 of this Chapter in limits:

compensation amount which is guaranteed by Fund of guaranteeing household deposits (in case of ensuring accomplishment of obligations of corresponding bank concerning payment of means for deposits of investors for agreements which term ended, and on bank account agreements of investors);

financial opportunities of corresponding bank according to the legislation of Ukraine (in case of ensuring accomplishment of obligations of bankakorrespondent concerning salary payment, award, the indemnification caused to life and health of employees of corresponding bank, and the expenses connected with ensuring operating activiies of corresponding bank).

The bank accepts all other documents on arrest of means of corresponding bank which arrived during temporary administration and considers on the corresponding off-balance account without accomplishment and reports body which accepted (sent) the document on arrest of means, on implementation of temporary administration in bankekorrespondenta.

The bank writes off documents on arrest of means of corresponding bank which arrived before implementation of temporary administration and/or during temporary administration, from the corresponding off-balance account in case of receipt of documents on removal of arrest from means of corresponding bank.

The bank in case of the termination of temporary administration in corresponding bank in connection with accomplishment by the investor in accordance with the terms of the purchase and sale agreement of shares (shares) of actions for reduction of activities of corresponding bank in compliance with requirements of the legislation of Ukraine carries out documents on the arrest of means of corresponding bank at the beginning of the next operational day behind day of the termination of temporary administration according to the procedure determined by Item 8 of this Chapter.

The bank in case of implementation of liquidation procedure of corresponding bank returns documents on arrest of means of corresponding bank which were accepted by bank without accomplishment, and charges them off the corresponding off-balance account".

3. In the Section VI:

3.1. In Chapter 1:

add Item 10 with the new paragraph of such content:

"TsRP carries out acknowledgement of the file B which is not confirmed with bank (in which the interbank electronic settlement document on collection is placed) according to Item 8 of this Chapter";

state Item 11 in such edition:

"11. During temporary administration in bank the payment requests on forced write-off of means of bank from its correspondent account connected with ensuring accomplishment of the obligations of bank provided by part six of article 36 of the Law of Ukraine "About system of guaranteeing household deposits" are subject to accomplishment.

The territorial administration fulfills payment requests on forced write-off of means of bank on its correspondent account according to the procedure, determined by Items 1-7, 9 of this Chapter, in limits:

compensation amount which is guaranteed by Fund of guaranteeing household deposits (in case of ensuring accomplishment of obligations of bank concerning payment of means for deposits of investors for agreements which term ended, and on bank account agreements of investors);

financial opportunities of bank according to the legislation of Ukraine (in case of ensuring accomplishment of obligations of bank concerning salary payment, award, the indemnification caused to life and health of employees of bank, and the expenses connected with ensuring operating activiies of bank).

TsRP carries out acknowledgement of the file B which is not confirmed with bank (in which the interbank electronic settlement document on write-off is placed) according to Item 8 of this Chapter".

3.2. In Chapter 2:

in Item 9:

in the subitem "an" "off-balance" to replace the word with the word to "off-balance";

in the text of Item of the word "introduction of the moratorium" shall be replaced with words "implementation of temporary administration in bank";

state Item 10 in such edition:

"10. During temporary administration in bank the documents on arrest of means of bank on its correspondent account connected with ensuring accomplishment of the obligations of bank provided by part six of article 36 of the Law of Ukraine "About system of guaranteeing household deposits" are subject to accomplishment.

The territorial administration carries out documents on the arrest of means of bank according to the procedure determined by Items 1-4, 6-8 of this Chapter in limits:

compensation amount which is guaranteed by Fund of guaranteeing household deposits (in case of ensuring accomplishment of obligations of bank concerning payment of means for deposits of investors for agreements which term ended, and on bank account agreements of investors);

financial opportunities of bank according to the legislation of Ukraine (in case of ensuring accomplishment of obligations of bank concerning salary payment, award, the indemnification caused to life and health of employees of bank, and the expenses connected with ensuring operating activiies of bank).

Takes all other documents on arrest of means of bank which arrived during temporary administration, territorial administration and considers on the corresponding off-balance account without establishment of limit of technical bank account and reports body which accepted (sent) the document on arrest of means, on implementation of temporary administration in bank.

The territorial administration writes off documents on arrest of means of bank which arrived before implementation of temporary administration and/or during temporary administration, from the corresponding off-balance account in case of receipt of documents on removal of arrest from means of bank.

The territorial administration in case of the termination of temporary administration in bank in connection with accomplishment by the investor in accordance with the terms of the agreement of kupliprodazha of shares (shares) of actions for reduction of activities of bank in compliance with requirements of the legislation of Ukraine carries out documents on the arrest of means of bank at the beginning of the next operational day behind day of the termination of temporary administration according to the procedure determined by Items 2-4, 6-8 of this Chapter.

The territorial administration in case of implementation of liquidation procedure of bank returns documents on arrest of means of bank which were accepted by territorial administration without accomplishment, and charges them off the corresponding off-balance account";

exclude Items 11 and 12.

3.3. In Chapter 4:

to add Items 1 and 2 after words of "write-off in indisputable procedure for debt" with words "bank before National Bank, based on the performed refinancing";

to add Item 3 paragraph two after the words "for write-off in indisputable procedure" with words of "the debt of bank to National Bank based on the performed refinancing";

the paragraph one of Item 6 after the words "for debt repayment" to add with words "bank before National Bank, based on the performed refinancing";

add Chapter after Item 6 with new Item of such content:

"7. The territorial administration is exercised by write-off in indisputable procedure for funds from correspondent account of bank for benefit of Fund of guaranteeing household deposits based on the requirement of Fund of guaranteeing household deposits.

The requirement of Fund of guaranteeing household deposits shall contain such information:

number and date of creation (number, month, year);

payer's code, name of the payer, account number of the payer;

name and bank code of the payer;

receiver's code, name of a consignee, account number of the receiver;

name and bank code of the receiver;

amount in figures and words;

purpose of payment.

The requirement of Fund of guaranteeing household deposits shall be certified by the signature of the responsible person (responsible persons) of Fund of guaranteeing household deposits and the impress of a seal declared in card with specimen signatures and impress of a seal which is stored in the territorial administration servicing Fund of guaranteeing household deposits.

The fund of guaranteeing household deposits submits the requirement to territorial administration which services it, for check of details of the receiver.

The territorial administration which services Fund of guaranteeing household deposits certifies the requirement of Fund of guaranteeing household deposits the signature of the executive in charge and print of stamp and in case of opening of correspondent account of bank in other territorial administration, sends the electronic copy of the requirement to this territorial administration for accomplishment.

The territorial administration in which the correspondent account of bank is opened performs write-off in the indisputable procedure for funds from correspondent account of bank upon the demand of Fund of guaranteeing household deposits and their transfer into the account of Fund of guaranteeing household deposits at the end the day before yesterday (considering day of its receipt) according to the procedure determined by Items 3-7, 9 of Chapter 1 of this Section.

The territorial administration in which the correspondent account of bank is opened performs write-off in indisputable procedure for funds from correspondent account of bank means of SEP according to the memorial order created based on the requirement of Fund of guaranteeing household deposits.

The territorial administration in which the correspondent account of bank is opened shall report to Fund of guaranteeing household deposits about accomplishment (partial accomplishment) or about lack of opportunity to fulfill its requirement".

With respect thereto to respect Item 7 Item 8.

4. In appendix 1 to the Instruction:

4.1. In Item 2:

the fourth subitem 2.1 to state the paragraph in such edition:

"perform, being guided by article 73 of the Law of Ukraine "About the National Bank of Ukraine", write-off in indisputable procedure for debt from correspondent account of the Customer";

the fourth subitem 2.3 to add the paragraph with the words "and requirements of Fund of guaranteeing household deposits".

4.2. To state subitem 3.3 of Item 3 in such edition:

"3.3. The contractor performs write-off in indisputable procedure for debt according to article 73 of the Law of Ukraine "About the National Bank of Ukraine" and contractual write-off of funds from correspondent account of the Customer according to the memorial order. In the detail "Purpose of payment" of the memorial order the Contractor, in particular, specifies number and date of the agreement according to which write-off in indisputable procedure for the debt of bank to National Bank based on the performed refinancing / contractual write-off, or number and date of creation of the requirement of Fund of guaranteeing household deposits, and also the text which is provided in the detail "Purpose of payment" of this requirement shall be performed".

 

 

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