RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of December 11, 2015 No. 880

About single questions of regulation of activities of banking groups and approval of Changes in Regulations on procedure for identification and recognition of banking groups

According to Articles 7, of 15, of 55, of 56, 58 Laws of Ukraine "About the National Bank of Ukraine", to Articles 9, of 66, "About banks and banking activity" the Board of the National Bank of Ukraine decides 67 Laws of Ukraine:

1. Approve Changes in the Regulations on procedure for identification and recognition of banking groups approved by the resolution of Board of the National Bank of Ukraine of April 9, 2012 No. 134, registered in the Ministry of Justice of Ukraine on April 28, 2012 on No. 708/21021 (with changes) (further - No. Provision 134) which are applied (further - Changes).

2. To controllers of banking groups which are determined by those in connection with entry into force of the Law of Ukraine of July 16, 2015 No. 629-VSh "About modification of some legal acts of Ukraine concerning enhancement of system of guaranteeing household deposits and conclusion of insolvent banks from the market" (further - the Law No. 629) to provide representation by the responsible person of banking group to the National Bank of Ukraine of data on the creation of banking group according to the procedure determined by Chapter 2 of the Section II of Provisions No. 134 taking into account Changes within three months from the date of entry into force of this resolution.

3. To provide to controllers of banking groups in which the list of participants in connection with entry into force of the Law No. 629, changed representation by the responsible person of banking group to the National Bank of Ukraine of data on changes of structure of property of banking group according to the procedure, determined by Chapter 1 of the Section V of the Provision No. 134 taking into account Changes within one month from the date of entry into force of this resolution.

4. To provide to banking groups which are determined by those in connection with entry into force of the Law No. 629, observance of the requirements and standard rates established by the Regulations on procedure for regulation of activities of banking groups approved by the resolution of Board of the National Bank of Ukraine of June 20, 2012 No. 254, registered in the Ministry of Justice of Ukraine on July 12, 2012 for No. 1178/21490 (with changes), since January 01, 2016.

5. To department of methodology (Ivanenko N. V.) to bring contents of this resolution to the attention of banks of Ukraine for use in work.

6. To banks of Ukraine to bring contents of this resolution to the attention of the controllers and responsible persons of banking groups.

7. The resolution becomes effective from the date of, its official publication following behind day.

8. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Pisaruk A. V.

Approved by the Resolution of Board of the National Bank of Ukraine of December 11, 2015 No. 880

Changes in Regulations on procedure for identification and recognition of banking groups

1. In the Section I:

in Item 2 1 to state footnote in the following edition:

"__________

1 It is determined at least once a year based on this form No. 2 "the Report on financial results (Comprehensive income statement)" which is constituted by the legal entities belonging to large or medium scale enterprise according to the National provision (standard) of financial accounting 1 "General requirements to the financial reporting" approved by the order of the Ministry of Finance of Ukraine of February 7, 2013 No. 73, registered in the Ministry of Justice of Ukraine on February 28, 2013 for No. 336/22868 (with changes), or form No. 2m "The report on financial results" which is constituted by the legal entities belonging to small enterprise according to the Provision (standard) of financial accounting 25 "The financial statement of small business entity" the approved order of the Ministry of Finance of Ukraine of February 25, 2000 No. 39, registered in the Ministry of Justice of Ukraine on March 15, 2000 at No. 161/4382 (with changes)";

state item 4 in the following edition:

"4. Banks, non-bank financial institutions and the companies for which provision of financial services is the prevailing type of activity in which the state on behalf of the Cabinet of Ministers of Ukraine or bodies authorized by it or territorial community on behalf of local government body, or the international financial institution with which the Government Ukraine signed the agreement on cooperation and for which according to the laws of Ukraine privileges and immunities are established is controller owing to immediate possession of shares in the authorized capital for the purposes of supervision on the consolidated basis are not having the general controller";

in Item 7:

the paragraph one after the word Vedomosti to add with the word", documents";

paragraphs two - the fifth after the word Vedomosti to add with the word", documents";

in Item 9:

the paragraph one to state in the following edition:

"9. Documents which are filed to National Bank by the legal entity shall be stitched, numbered, signed the head of the legal entity and are certified by seal of the legal entity (in the presence)";

in the first offer of paragraph two of the word "concerning physical person" shall be replaced with words "physical person";

state Item 10 in the following edition:

"10. Information on members of banking group, participants of group of the connected persons of banking group, including their transactions, is provided in the forms given in appendices to this Provision is reflected on the same reporting date, except information on the amount of participation of legal entities or physical persons in the authorized capital of members of banking group, group of the connected persons of banking group which is displayed for date of submission of data in National Bank. The financial performance expressed in foreign currency is converted into national currency on the official rate of hryvnia to foreign currencies which is established by National Bank for the corresponding date";

add the Section with new Item of the following content:

"17. The National Bank places information on structure of banking groups on pages of Official Internet representative office of National Bank".

2. In the Section II:

Chapter 2 to add 1) with new Item of the following content:

"2.5. If in the data provided to National Bank according to requirements of Item 2.2 of this Chapter there were changes before date of recognition by National Bank of banking group, then the responsible person shall notify National Bank on such changes within 10 calendar days after approach of changes and give the corrected document package within 30 calendar days after approach of changes";

2) Item 3.1 of Chapter 3 after the word "controller" to add with the words "or which was identified by the controller en banc".

3. In the Section III:

1) in Chapter 1:

exclude Item 1.1.

With respect thereto Items 1.2 - 1.5 to consider respectively Items 1.1 - 1.4;

in Item 1.2:

in paragraph one of the word "recognizes banking group" makes the decision on recognition of banking group shall be replaced with words "";

third to add the paragraph with words and figures "according to requirements of Chapter 3 of the Section II of this provision";

to add Chapter after Item 1.2 with new Item 1.3 of the following content:

"1.3. The National Bank makes the decision on recognition of banking group based on information received by results of identification of banking group by National Bank if the responsible person did not submit data on banking group or the proved, documentary confirmed objections of existence of banking group, within one month after the expiration established by National Bank for provision of such data".

With respect thereto Items 1. 1.4 to consider 3, respectively by Items 1. 4, 1.5;

to add Item 1.4 after the word of "five" with the word of "workers";

in Item 1.5 of the word and figures "Item 1.1 of this Chapter" shall be replaced with words and in figure of "article 2 of the Law on banks", after the word "five" to add Item with the word of "workers";

2) in Chapter 2:

the paragraph one of Item 2.1 to state in the following edition:

"2.1. Criteria of determination of subgroups within banking group are:"

the paragraph one of Item 2.2 to state in the following edition:

"2.2. By the form activities of members of banking group of subgroup share on:"

state Item 2.3 in the following edition:

"2.3. The subgroup which part the participating bank of banking group which is not parent bank, and his affiliated and/or associated participating companies of banking group if among them there is at least one participant registered in other state is is determined by geographical criterion";

add Chapter with new Item of the following content:

"2.4. The responsible person determines within banking group of subgroup and the list of their participants according to requirements of this Chapter.

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