It is registered
Ministry of Justice of Ukraine
December 24, 2015
No. 1626/28071
of November 30, 2015 No. 212
About modification of some regulatory legal acts of Fund of guaranteeing household deposits
(extraction)
According to Item 10 parts one, to Item of 1 part five of article 12 of the Law of Ukraine "About system of guaranteeing household deposits" and in pursuance of requirements of Item 5 of the Section II "Final and transitional provisions" of the Law of Ukraine of July 16, 2015 "About modification of some legal acts of Ukraine concerning enhancement of system of guaranteeing household deposits and conclusion of insolvent banks from the market" the executive directorate of Fund of guaranteeing household deposits solved No. 629-VIII:
1. Approve Changes in the Regulations on conclusion of insolvent bank from the market approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 5, 2012 No. 2, registered in the Ministry of Justice of Ukraine on September 14, 2012 for No. 1581/21893, which are applied.
2. Approve Changes in the Regulations on procedure for attraction by the authorized person of Fund of guaranteeing household deposits of advisers, auditors, lawyers and other persons to work in the course of implementation of temporary administration or liquidation of bank approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 23, 2012 No. 12, registered in the Ministry of Justice of Ukraine on August 13, 2012 at No. 1364/21676, which are applied.
3. To provide to department of strategy and normative and methodological providing together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.
4. This decision becomes effective from the date of, its official publication following behind day.
5. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.
Managing director
K. M. Vorushilin
Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of November 30, 2015 No. 212
1. In Item 2.1 of Chapter 2 of the Section I:
in paragraph six to exclude the word of "(shares)";
the fourteenth after words to "bank investor" to add the paragraph with words "(to consolidation of investors)";
"Law" to add paragraphs of the thirty fifth, thirty sixth after the word with the words "and/or delegated by Fund".
2. In the Section II:
1) in Chapter 3:
Items 3.3 - 3.5 to state in the following edition:
"3.3. The fund begins the procedure of conclusion of insolvent bank with the market no later than the next working day after official receipt of the decision of the NBU on reference of bank to category of insolvent.
3.4. The executive directorate of Fund no later than the next working day after official receipt of the decision of the NBU on reference of bank to category of insolvent designates from number of persons employed of Fund the authorized person of Fund (several authorized persons of Fund) on temporary administration to which the Fund delegates everything or part of the powers of the temporary administrator.
In case of authority delegation to several authorized persons of Fund on temporary administration the Fund notes amount of powers of each of them.
Implementation of powers of governing bodies of bank can be delegated only to one authorized person of Fund on temporary administration.
3.5. The decision of executive directorate of Fund on the beginning of the procedure of conclusion of insolvent bank from the market shall contain:
name of the document, place and date of its issue;
date, number, the name of the document of the NBU which makes the decision on reference of bank to category of insolvent;
the name, the location, the EGRPOU code, code of insolvent bank in which implementation of temporary administration is begun;
surname, name, middle name, position of the employee(s) of Fund to which are delegated by Fund implementation of all or parts of powers of the temporary administrator (with indication of powers of each of them);
the term for which the temporary administration is entered.";
in Item 3.6:
the paragraph one to state in the following edition:
"3.6. From the date of the beginning of the procedure of conclusion Fund of bank from the market:";
in the first offer of the paragraph of the third word "and appointments of the authorized person of Fund to temporary administration" shall be replaced with words "and the authorized person of Fund on temporary administration to which implementation of powers of governing bodies of bank is delegated (in case of delegation);";
in Item 3.7 of the word "about appointment of the authorized person of Fund to temporary administration" shall be replaced with words "executive directorate of Fund about the beginning of the procedure of conclusion of insolvent bank from the market and implementation of temporary administration";
in Item 3.8:
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