LAW OF UKRAINE

of July 4, 2014 No. 1586-VII

About modification of some legal acts of Ukraine concerning prevention of negative impact on banking system stability

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the paragraph the second part one of article 166-5 of the Code of Ukraine about administrative offenses (1984, appendix to No. 51, the Art. 1122) words "to fifty to hundred" shall be replaced with words sheets of the Supreme Council of the Ukrainian SSR "hundred to one thousand".

2. In the Law of Ukraine "About the National Bank of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1999, No. 29, Art. 238 with subsequent changes):

Item 2 parts one of Article 42 to state 1) in the following edition:

"2) grants the loans to Fund of guaranteeing household deposits on the conditions determined by regulatory legal acts of National Bank";

Part the fourth Article 56 to state 2) in the following edition:

"Regulatory legal acts of National Bank become effective from the date of their official publication if later term of entry into force is not provided in such act. The first is considered official publication of the regulatory legal act of National Bank of publication of its complete text in one of periodic printing editions - "The Official Bulletin of Ukraine", the newspapers "Uryadovy Kuryer", "Golos Ukrainy" or the first placement on the page of Official Internet representative office of the National Bank of Ukraine";

Article 73 to add 3) with part four of the following content:

"Parts one and the second this Article do not extend to the banks referred to category insolvent which are removed by Fund from the market according to the Law of Ukraine "About system of guaranteeing household deposits".

3. In the Law of Ukraine "About banks and banking activity" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 5-6, of Art. 30 with subsequent changes):

Determination of the term "systemically important bank" to replace 1) in article 2 with determination of the term "systemically important bank" of the following content:

"Systemically the important bank - bank, answers the criteria established by the National Bank of Ukraine which activities influence banking system stability";

2) in Article 4:

a) after part four to add with new part of the following content:

"The National Bank of Ukraine determines systemically important banks according to the following criteria: size of bank, degree of financial interrelations, activities".

With respect thereto the fifth to consider part part six;

b) "supervision for" to add the second offer of part six after words with the words "system important bank", and shall be replaced with words words of "its activities" "activities of such banks";

3) in Article 30:

a) in part two item 4 to replace the word "accounts" with the word "accounts";

b) in part four "additional" to replace the word with the word of "regulating";

To replace 4) in part one of article 31 of figure "120" with figures "500";

5) in Article 32:

a) to add the name after the word "forming" with the words "and increase";

b) add with parts seven - the ninth the following content:

"In case of reduction of total amount of deposits (deposits) in bank system for five and more percent till six calendar months on the decision of the National Bank of Ukraine it is entered the simplified procedure of registration of share issue, approval of changes by the National Bank of Ukraine in the charter of bank, state registration of changes in the charter of bank (is cancelled). According to the simplified procedure:

date of submission of the decision on capitalization of bank and changes in the charter of bank in the National commission on securities and the stock market is considered registration date of share issue;

date of giving of changes in the charter of bank on approval to the National Bank of Ukraine and for registration to the state registrar is considered respectively a date of their approval by the National Bank of Ukraine and registration date the state registrar;

date of submission of documents for registration of share issue of bank is considered registration date of share issue of bank.

Date of submission of necessary documents in the National Bank of Ukraine, the state registrar, the National commission on securities and the stock market is determined by mark of the relevant state body about adoption of documents (registration index).

The Antimonopoly Committee of Ukraine in the cases provided by part seven of this Article draws the conclusion and/or permission to concentration no later than five working days from the date of submission of the relevant documents by bank";

6) in Article 35:

a) in part four of the word "coefficient of ratio of the regulatory capital to total assets and coefficient" shall be replaced with words "capital adequacy ratio, coefficient of ratio of the regulatory capital to total assets and coefficient";

b) the sixth to add part with the words "and/or capital adequacy ratio";

7) in Article 73 part one:

a) the paragraph one after words of "other creditors of bank" to add with the words "application by foreign states or interstate associations or the organizations of sanctions against banks or owners of essential participation in the banks posing threat to interests of investors or other creditors of bank and/or banking system stability";

b) to add Item 9 after the paragraph of third with two new paragraphs of the following content:

"Bank and/or the head of bank for failure to meet requirements of the curator of bank at the rate from two thousand to three thousand free minima of the income of citizens;

owners of essential participation in bank for failure to carry out of the assumed liabilities about provision of necessary financial aid to bank within taking measures for the purpose of reduction of activities of problem bank in compliance with requirements of the legislation at the rate from five thousand to ten thousand free minima of the income of citizens".

With respect thereto the fourth to consider the paragraph the paragraph the sixth;

c) to add Item 10 after words of "violation elimination" with the words "or cancellations of the corrective actions provided by this Article";

d) add with Item 11-1 of the following content:

"11-1) deprivation of the general license for implementation of currency transactions";

8) in Article 75 part one:

a) 1, 2 and 4 to state Items in the following edition:

"1) the bank during month under report allowed reduction by 5 and more percent:

the daily size of the regulatory capital is lower than the National Bank of Ukraine of the minimum size of the regulatory capital established by regulatory legal acts - five and more times and/or

value of the standard rate of sufficiency (adequacy) of the regulatory capital is lower than the National Bank of Ukraine of normative value of this standard rate established by regulatory legal acts - two and more times;

2) the bank did not fulfill the requirement of the investor or other creditor which term came five and more working days back, and/or not reflection established facts in financial accounting of documents of clients of bank, are not executed because of bank in time";

"4) the bank during month under report allowed reduction by 5 and more percent of value at least of one of standard rates of liquidity is lower than the minimum normative values established by regulatory legal acts of the National Bank of Ukraine which are calculated:

by daily calculations - five and more times;

ezhedekadno - two and more times";

b) add with Item 4-1 of the following content:

"4-1) amount of negatively classified assets of bank (except sanatsionny) make 40 percent and more total amount of assets on which the risk shall be estimated and be created reserve agrees regulatory legal acts of the National Bank of Ukraine";

9) in Article 76:

a) add part one with item 4 of the following content:

"4) single gross or systematic violation of the legislation by bank in the field of the cash circulation, prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing that creates threat to interests of investors or other creditors of bank";

b) in word part three "the referred to category insolvent and transitional bank" shall be replaced with words "in which the temporary administration is entered, liquidation is performed";

c) after part three to add with new part of the following content:

"Banking supervision behind the transitional bank created according to part eighteen of article 42 of the Law of Ukraine "About system of guaranteeing household deposits" is performed by the National Bank of Ukraine according to the procedure, established by regulatory legal acts of the National Bank of Ukraine".

With respect thereto the fourth to consider part part five;

d) the fifth to state part in the following edition:

"The National Bank of Ukraine resumes banking supervision behind bank in day of receipt of the decision of Fund of guaranteeing household deposits on the termination of powers of the curator of Fund of guaranteeing household deposits in connection with reduction of activities of bank in compliance with requirements of the bank law of Ukraine concerning observance of standard rates of the capital and liquidity".

4. In the Law of Ukraine "About the circulation of bills of exchange in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 24, Art. 128; 2011, No. 4, Art. 21; 2014, No. 4, Art. 61 with the changes made by the Law of Ukraine of July 4, 2013 No. 407-VII):

Article 3 to add 1) with part four of the following content:

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