DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of December 30, 2013 No. 42

About approval of Changes to Regulations on conclusion of insolvent bank from the market

According to Item and Item of 1 part five of article 12 of the Law of Ukraine "About system of guaranteeing household deposits" the executive directorate of Fund of guaranteeing household deposits SOLVED 10 parts one:

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 (are applied).

2. 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.

3. This decision becomes effective from the date of its official publication.

4. 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.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of December 30, 2013 No. 42

Changes in Regulations on conclusion of insolvent bank from the market

1. In Chapter 2 of the Section I:

1) in Item 2.1:

after paragraph one to add Item with four new paragraphs of the following content:

"Conclusion of insolvent bank from the market - actions which the Fund concerning the bank referred to category insolvent for transfer of its assets and liabilities performs, sales of insolvent bank and/or transitional bank by the method determined by the Law on its liquidation;

contribution - money in cash or non-cash form in currency of Ukraine or in foreign currency, attracted with bank from the investor (or arrived for the investor) on terms of the contract of bank deposit (deposit), the bank account or by issue of the registered deposit certificate, including the added percent on such means;

the investor - physical person (except physical persons - subjects of business activity) which concluded or for benefit of which the bank deposit agreement (deposit), bank account is signed or which is the owner of the registered deposit certificate;

the investor - person who expressed intention also provided to Fund the commitment letter about share acquisition (shares) of insolvent bank or transitional bank in the course of conclusion of insolvent bank from the market;".

With respect thereto paragraphs two - to consider the nineteenth respectively paragraphs the sixth - twenty third;

after the paragraph of the sixth to add Item with the paragraph of the following content:

"Essential participation - immediate and/or indirect possession by one person independently or together with other persons 10 and more percent of the authorized capital and/or voting power of shares, shares of the legal entity or possibility of considerable influence, independent of formal ownership, on management or activities of the legal entity;".

With respect thereto paragraphs of the seventh - to consider twenty third respectively paragraphs the eighth - the twenty fourth;

after the paragraph of the eighth to add Item with two new paragraphs of the following content:

"The controller - physical person or legal entity concerning which there are no controllers - physical persons and which has opportunity to perform decisive influence on management or activities of the legal entity by the direct and/or mediated ownership independently or together with other persons of shares in the legal entity that corresponds to equivalent of 50 or more percent of the authorized capital and/or voices of the legal entity, or irrespective of formal ownership to perform such influence on the basis of the agreement or any other image;

liquidation of bank - the procedure of the termination of bank as legal entity according to the legislation;".

With respect thereto the ninth - the twenty fourth to consider paragraphs respectively paragraphs the eleventh - the twenty sixth;

after the paragraph of the eleventh to add Item with four new paragraphs of the following content:

"Insolvent bank - bank on which the NBU made the decision on reference to category insolvent according to the procedure, provided by the Law of Ukraine "About banks and banking activity";

operating activiies of insolvent bank - activities of insolvent bank which provide its economic activity, including payment of lease agreements, provisions of utilities, communication services, protection, transaction on payment of commission expenses, other operating and total administrative expenses, the income tax;

transitional bank - the bank created in the course of conclusion of insolvent bank from the market which nominal owner and the managing director of shares is the Fund about day of sale of this bank to the investor;

the settlement plan - the decision of Fund which determines method, economic case, terms and conditions of conclusion of insolvent bank from the market;".

With respect thereto the twelfth - the twenty sixth to consider paragraphs respectively paragraphs the sixteenth - the thirtieth;

after the paragraph of the twenty sixth to add Item with four new paragraphs of the following content:

"The accepting bank - bank which does not belong to the category problem or insolvent and which in the course of conclusion of insolvent bank from the market accepts assets and liabilities from insolvent bank;

problem bank - bank on which the NBU made the decision on reference to category problem according to the procedure, provided by the Law of Ukraine "About banks and banking activity" and regulatory legal acts of the NBU;

sale of bank - sale of all shares of transitional bank or controlling stock (shares) of insolvent bank;

the register of members of Fund - the register which is kept by Fund and contains data on participation of bank in system of obligatory guaranteeing household deposits;".

With respect thereto paragraphs of the twenty seventh - to consider the thirtieth respectively paragraphs the thirty first - the thirty fourth;

after the paragraph of the thirty first to add Item with two new paragraphs of the following content:

"System of guaranteeing household deposits - set of the relations regulated by the Law which subjects are Fund, the Cabinet of Ministers of Ukraine, the NBU, banks and investors;

temporary administration - the procedure of removal of bank from the market implemented by Fund concerning insolvent bank according to the procedure, established by the Law;".

With respect thereto paragraphs of the thirty second - the thirty fourth to consider respectively paragraphs the thirty fourth - the thirty sixth;

add Item with the paragraph of the following content:

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