RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 7, 2017 No. 31

About approval of Changes in Regulations on procedure banks of the analysis and verification of documents (information) on financial transactions and their participants

According to Articles 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine" and being guided by Articles 48, of 66, 67 Laws of Ukraine "About banks and banking activity", for the purpose of non-admission of making by banks of risk activities which threaten interests of investors or other creditors of bank, and increase in effective management of risks the Board of the National Bank of Ukraine decides:

1. Approve Changes in the Regulations on procedure banks of the analysis and verification of documents (information) on financial transactions and their participants approved by the resolution of Board of the National Bank of Ukraine of August 15, 2016 No. 369 (with changes) who are applied.

2. To department of financial monitoring (I.V. Birch) bring contents of this resolution to the attention of banks of Ukraine for use in work, and to banks of Ukraine - to data of clients.

3. To impose control over the implementation of this resolution on the vice-chairman of the National Bank of Ukraine Rozhkova K. V.

4. The resolution becomes effective since April 10, 2017.

Approved by the Resolution of Board of the National Bank of Ukraine of April 7, 2017 No. 31

Changes in Regulations on procedure banks of the analysis and verification of documents (information) on financial transactions and their participants

1. To add Item 2 after subitem 3 with new subitem 3-1 of the following content:

"3-1) registration actions under the agreement - registration in National Bank agreements/modification of registration of the agreements providing accomplishment by residents of debt obligations before nonresidents on the loans attracted from nonresidents, foreign currency loans (taking into account additional agreements / agreements, documents concerning implementation of the credit agreement / loan agreement and implementation of currency transactions under such agreement), according to the Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and provision by residents of foreign currency loans to nonresidents approved by the resolution of Board of the National Bank of Ukraine of June 17, 2004 No. 270, registered in the Ministry of Justice of Ukraine on July 15, 2004 at No. 885/9484 (with changes) (further - No. Provision 270);".

2. In Item 3:

In paragraph one of the word "about the financial transactions (performed and/or which the client intends to perform) clients of bank" shall be replaced with words 1) "about financial transactions (intention of implementation of financial transactions) of clients of bank or other persons (in the cases determined by the legislation)";

Subitem 5 to state 2) in the following edition:

"5) initiation of carrying out registration actions under the agreement".

3. In the subitem 10 of item 4 of the word and figures "inclusion of transaction in the information file on transactions on purchase of foreign currency / transfer out of limits of Ukraine of foreign currency / money transfer in hryvnias for benefit of nonresidents through the correspondent accounts of nonresident banks in hryvnias opened in authorized banks / to money transfer is performed for benefit of nonresidents through the branches of banks opened in the territory of other states which is created and moves in National Bank according to the Instruction about procedure for forming of the information file by authorized banks approved by the resolution of Board of the National Bank of Ukraine of April 7, 2016 No. 247 (in edition of the resolution of Board of the National Bank of Ukraine of February 28, 2017 No. 15) (further - the Instruction No. 247)" shall be replaced with words "transaction implementation".

4. The paragraph one of Item 5 after the words "are provided by clients of bank" to add with the words "or other persons (in the cases determined by the legislation)".

5. In Item 6:

1) paragraph one after the words "customer information and its activities" to add with the words "information on other persons (in the cases determined by the legislation)";

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

"When implementing the analysis of documents in 3 this provision determined by the subitem 5 of Item cases if initiation of carrying out registration actions under the agreement is performed not according to the statement of the resident borrower, the bank shall consider requirements of subitems 2, 3 Item 3 and Item 5 of Chapter 2 of the Section I of the Provision No. 270".

6. In Item 8:

1) the first offer after words of "the client (the client's representative)" to add with the words "or other persons (in the cases determined by the legislation)";

2) in the second offer of the word of "financial transaction of the client" shall be replaced with words "financial transaction (intentions of implementation of financial transaction)".

7. The paragraph one of Item 9 to state in the following edition:

"9. The bank shall be convinced of force (reality) provided by the client or other persons (in the cases determined by the legislation) documents and compliance of their registration to requirements of the legislation of Ukraine. Copies of the documents submitted to banks (including the copies translated to Ukrainian), make sure the signature of the head (authorized by him persons) and impress of a seal of the client (in the presence) or if it is provided by bank account agreement - in electronic form means of the software and hardware complex "client bank", "client-Internet bank", etc. If copies of documents (including the copies translated to Ukrainian) move in banks other persons (in the cases determined by the legislation), then such copies are certified by the signature and impress of a seal (in the presence) these persons. In case of possibility of verification of information based on public sources, including in the Internet, additional submission of documents by clients or other persons (in the cases determined by the legislation) for implementation of the analysis is not required".

8. "Check of the client" to add Item 10 after words with the words "or other persons (in the cases determined by the legislation)".

9. To add Item 11 after the words "concerning the client" with the words "or other persons (in the cases determined by the legislation)".

10. In Item 12:

Word in paragraph seven "the external economic contract" shall be replaced with words 1) "the agreement (contract)";

The paragraph of the eighth to add 2) with words ", including in initiation of carrying out registration actions under the agreement".

11. In Item 14 of the word and figures "Instructions No. 247 and Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and the provision by residents of foreign currency loans to nonresidents approved by the resolution of Board of the National Bank of Ukraine of June 17, 2004 No. 270, registered in the Ministry of Justice of Ukraine on July 15, 2004 at No. 885/9484 (with changes) (further - No. Provision 270)", "the external economic agreements" shall be replaced with words also in figures "The instruction about procedure for forming of the information file by authorized banks approved by the resolution of Board of the National Bank of Ukraine of April 7, 2016 No. 247 (in edition of the resolution of Board of the National Bank of Ukraine of February 28, 2017 No. 15) (further - the Instruction No. 247), and Provisions No. 270", "agreements (contracts)".

12. In Item 15:

"The external economic contract" shall be replaced with words 1) in the second offer of paragraph one of the word "the agreement (contract)";

The second the word of "contract" shall be replaced with words 2) in the paragraph "the agreement (contract)".

13. State Item 16 in the following edition:

"16. Provision of the documents necessary for initiation of carrying out registration actions under the agreement, is performed according to requirements of the Provision No. 270".

14. In Item 17:

Paragraph one to state 1) in the following edition:

"17. If during processing by bank provided by the client or other persons (in the cases determined by the legislation) document package, registration actions, necessary for initiation of carrying out, under the agreement, the bank establishes availability of the indicators of risk financial transaction determined in appendix 2 to this Provision provided that the amount of the credit agreement / loan agreement is more than 500000 US dollars or equivalent of this amount in other foreign currency on the cross-rate determined according to the official rate of hryvnia to foreign currencies established by National Bank on the date of receipt in National Bank of document package (except for crushing signs), then the bank shall send to National Bank also to the copy of all supporting documents (except the statement for registration of the agreement/statement for modification of registration of the agreement), the registration actions provided by the applicant(s) to bank / created by bank under own agreement for initiation of carrying out under the agreement, the conclusion, the questionnaire of the resident borrower and additional documents determined in appendix 2 to this Provision";

2) in the paragraph the second "registration in National Bank require the word the changes to the relevant agreement concerning" shall be replaced with words "initiation of carrying out registration actions under the agreement concerns";

Shall be replaced with words 3) in subitem 2 of the word "in other authorized bank" "from other authorized bank";

Subitem 3 to state 4) in the following edition:

"3) changes of the name of the borrower - the legal entity (except legal succession)".

15. In appendix 1:

Columns 4 and 8 of column 5 of lines 8 - the 11th words "external economic" and "external economic" respectively to exclude 1) in subitems 3;

The word "external economic" to exclude 2) in column 3 of line 9;

The subitem 3 of column 4 of line 16 after the words "received by e-mail of the National Bank of Ukraine;" to add 3) with words and figures "provided according to requirements of Article 103 of Chapter 10 of the Section II of the Tax code of Ukraine".

16. In appendix 2:

1) in line 3:

add column 2 with words "(if carrying out registration actions under the agreement is initiated by the borrower)";

in the subitem 2 of column 3 of the word "on financial transactions" shall be replaced with words "under the credit agreement / loan agreement and the agreement which is the basis for transfer of debt/concession of rights to claim or legal succession, etc.";

in the subitem 3 columns 3 words of "the new borrower / creditor" shall be replaced with words "initial and new borrowers / initial and new creditors";

And figures" (except case of cancellation of registration of the credit agreement / loan agreement based on paragraph two of Item 2.11 of Chapter 2 of the Section I of the Regulations on procedure for receipt by residents of the credits, foreign currency loans from nonresidents and the provision by residents of foreign currency loans to nonresidents approved by the resolution of Board of the National Bank of Ukraine of June 17, 2004 No. 270, registered in the Ministry of Justice of Ukraine on July 15, 2004 at No. 885/9484 (with changes)" shall be replaced with words 2) in column 2 of line 4 also in figures "(except case of cancellation of registration of the credit agreement / loan agreement due to the non-receipt by the resident borrower of the credit (fully or partially) within 180 calendar days since next working day after day of registration of the agreement)";

3) in line 6:

state column 2 in the following edition: "Concession/transfer by authorized bank - the initial creditor to the nonresident - the new creditor of right to claim under the agreement on obtaining by the resident borrower which is not bank foreign currency loan (if carrying out registration actions under the agreement initiates authorized bank - the initial creditor or authorized bank - the initial creditor together with the nonresident - the new creditor";

state column 3 in the following edition:

"1) agreements and/or other information / documents which are the basis for concession/transfer of right to claim;

2) information/documents, confirming condition of payment under the credit agreement and the agreement about concessions/transfers of right to claim (in day of receipt in the National Bank of Ukraine of document package);

3) information/documents concerning structure of property, final beneficial owners (controllers) and content of activities of the nonresident of the new creditor and the resident borrower;

4) the information/documents provided for the purpose of reasons for sources of origin of means which will be used for loan repayment (the main amount, percent, etc.).

Information/documents shall confirm availability of economic feasibility (sense) of such financial transaction and lack of suspicion. If necessary the bank shall request additional documents";

4) to add appendix in the new lines 7, 8 following contents:

"

1	2	3	4
7	Concession/transfer by the resident - the initial creditor who is not bank, to the nonresident - the new creditor of right to claim under the agreement on obtaining by the resident borrower which is not bank, money (the credit/loan amount) in foreign currency	1) agreements and/or other information / documents which are the basis for concession/transfer of right to claim or legal succession, etc.; 2) information/documents, confirming condition of agreement settlements about receipt of money (the credit/loan amount) in foreign currency and to agreements about concessions/transfers of right to claim (in day of receipt in the National Bank of Ukraine of document package); 3) information/documents concerning structure of property, final beneficial owners (controllers) and content of activities of resident - the initial creditor, the nonresident - the new creditor and the resident borrower; 4) information/documents which are provided for the purpose of confirmation of sources of origin of means which will be used for repayment of credit/loan (the main amount, percent, etc.); 5) documents/information, confirming availability of real financial opportunities of resident - the initial creditor for provision to the resident funds borrower (the credit/loan amount) in foreign currency. Information/documents shall confirm availability of economic feasibility (sense) of such financial transaction and lack of suspicion. If necessary the bank shall request additional documents	1) establishment of essence and purpose of financial transaction; 2) establishment of compliance/discrepancy of essence of financial transaction to content of activities of her participants; 3) establishment of availability/lack of economic feasibility (sense) of financial transaction and availability/lack of suspicion; 4) establishment of sufficiency/insufficiency of financial opportunities of participants of financial transaction to carry out (to initiate) the transaction on the corresponding amount; 5) implementation of verification of information on participants of financial transaction, their activities and goodwill; 6) establishment of final beneficial owners of participants of financial transaction; 7) establishment of sources of origin of means (assets) of the client, etc.
8	Concession/transfer by the nonresident - the initial creditor to the nonresident - the new creditor of right to claim under the credit agreement / loan agreement signed with the resident borrower (if carrying out registration actions under the agreement is initiated by the nonresident - the initial creditor together with the nonresident - the new creditor)	1) information/documents, confirming condition of payment under the credit agreement / loan agreement and agreements, is the basis for concession/transfer of right to claim (in day of receipt in the National Bank of Ukraine of document package); 2) information/documents concerning structure of property, final beneficial owners (controllers) and content of activities of the nonresident - the initial creditor and the nonresident - the new creditor; 3) information/documents, confirming the reasons of concession/transfer by the nonresident - the initial creditor to the nonresident - the new creditor of right to claim and the expected economic result for the nonresident - the new creditor taking into account future receipts in its advantage (sources of origin of means which will be used for payment under the credit agreement / loan agreement). Information/documents shall confirm availability of economic feasibility (sense) of such financial transaction and lack of suspicion. If necessary the bank shall request additional documents	1) establishment of essence and purpose of financial transaction; 2) establishment of compliance/discrepancy of essence of financial transaction to content of activities of her participants; 3) establishment of availability/lack of economic feasibility (sense) of financial transaction and availability/lack of suspicion; 4) implementation of verification of information on participants of financial transaction, their activities and goodwill; 5) establishment of final beneficial owners of participants of financial transaction; 6) establishment of the expected economic result for the nonresident - the new creditor taking into account future receipts in its advantage (sources of origin of means which will be used for payment under the credit agreement / loan agreement), etc.

                                                                 ". 

It is approved: Vice-chairman of the National Bank of Ukraine

K. V. Rozhkova

 

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