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On Amending And Supplementing Certain Acts Of The National Bank Of Moldova

Original Language Title: cu privire la modificarea şi completarea unor acte normative ale Băncii Naţionale a Moldovei

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Under Art. 5 (1) d), art. 11 (1), 27 and 44 a) of Law No. 548-XIII of 21 July 1995 on Bank Bank of Moldova (republished in the Official Gazette of the Republic, 2015 nr.297-300, art.544), as amended and supplemented, Article 15 - Article 156, Article 28, Article 31 and Article 40 of financial institutions Act no.550-XIII of 21 July 1995 (republished in the Official Gazette of the Republic of Moldova, 2011, nr.78-81, art.199), with subsequent amendments and art. 8 (51) of Law no.449-XV of 30 July 2001 on the pledge (republished in the Official Gazette of the Republic of Moldova 2014 nr.345-351, art.655), as amended and supplemented, the Executive Board of the National Bank

DECIDES:

1. Rules on holding equity interests in the share capital of the bank, approved by the Decision Board of the National Bank of Moldova No. 127 of 27 June 2013 (Official Gazette of the Republic, 2013 nr.198-204, art.1419 ), registered with the Ministry of Justice of Moldova on 30 august 2013 nr.937, amended and supplemented as follows:
1) point 1 shall read as follows:
"1. This Regulation lays down requirements on acquisition and alienation of substantial shares in a bank, setting up bank shares as the object of pledge procedures prudential assessment of potential purchasers, including individuals and holders of shares in the capital of the bank mentioned in art. 15 (1 ) b) of the Law on financial institutions and continuous monitoring of the quality of the bank's shareholders and the information and documents to be submitted to the National Bank for these purposes. "
2) in paragraph 3:
a) in sub-clause 3):
second paragraph, the word "wedge" is replaced with the word "Up";
Letter b), second paragraph, the words "may confer a controlling position" shall be substituted with the words "constitutes a substantial share";
Is supplemented by a paragraph as follows:
"any person who, under civil legislation is related to the individual by a ratio of first and second degree of kinship, their wives and in-laws, and companies are under their control; "
B) point 4) shall read as follows:
"4) The potential purchaser - any natural or legal person, association or group of persons acting in concert, registered as such or not, to acquire by any means, directly or indirectly, a significant interest in a bank or to increase their share substantially so that the proportion of voting rights and share in the share capital to reach or exceed the level of 5%, 10%, 20%, 33% or 50 % or so to become a bank branch it or to acquire, individually or in concert, by any means, share capital of the bank to which they have become incidents art. 15 para. (2) of the Financial Institutions Act. In applying this Regulation, the obligations incumbent upon the acquirer / purchaser / owner directly or indirectly share in the bank's capital incumbent and beneficial owner thereof. "
C) is completed with point 5) as follows:
"5) pledger potential - whose substantial share holder of shares of the bank are expected to be constituted as the object of pledge."
3) The title of Chapter II shall read as follows:

"PRIVINDCOTELE RESTRICTIONS AND REQUIREMENTS FOR PARTICIPATION IN CAPITAL BANK"

4) Section 4 reads as follows:
"4. Without prior written permission of National Bank:
1) any potential purchaser can not acquire, by no means, a significant interest in the bank's capital or to increase their share so substantial proportion of voting rights or share participation in the share capital to reach or exceed the level of 5%, 10%, 20%, 33% or 50% or so to become a bank branch it;
2) no person may acquire, individually or in concert, by no means a share in the capital of the bank to which they have become incidents provisions of Article 15 (2) of the Law on Financial Institutions;
3) any potential pledger can not be the object of a significant pledge of shares of the bank. "
5) point 5:
a) the word "substantial" is replaced by "requiring permission National Bank";

B) shall be supplemented by a paragraph as follows:
"Any potential pledger must request prior written permission of the National Bank pledge agreement till the end."
6) in Section 6:
a) after "section 4" is filled with the words "subsections 1) - 2)";
B) shall be supplemented by a paragraph as follows:
"If a significant share of the bank will be set up as collateral object in violation of section 4 paragraph 3) of this Regulation, the National Bank provisions of article 38 of the Law on financial institutions. "
7) point 7:
a) after "section 4" is filled with the words "subsections 1) - 2)";
B) in sub-clause 1) the words "undo" is replaced by "order canceling"
C) in sub-clause 2) the word "issue" is replaced by "order issuing"
8) in Section 8, after "section 4" is filled with the words "subsections 1) - 2)";
9) the title of Chapter III, after the word "PRIOR" is filled with the words "BY acquirer"
10) at paragraph 12:
a) the second paragraph after "hold /" is filled with the words "acquire /" and the word "substantial" is excluded;
B) in the third paragraph, the second sentence reads as follows:
"Where an application and / or set of documents are drafted in a foreign language, a translation into the language of the State Moldova legalized under the law. "
11) in section 13, after the word "said" is filled with the text "that will include comprehensive information, including those related to the proposed acquirer and indirect beneficial owner of the acquirer directly";
12) para 16 says "within 30 working days from the date of dispatch of this confirmation. If the acquirer will not provide information or documents required within the time specified in this section, the National Bank shall return the request and set of documents presented. "
13) in section 21, after the word "prior" is filled with the words "acquirer" and the words "potential purchaser" is replaced with the word "its";
14) at paragraph 26:
a) the beginning point is filled by 'Where the applicant is a group of persons acting in concert, the group permission is issued. The validity of that permission is conditional on the following: ";
B) point 4) shall be supplemented by "in order to request a new permissions";
C) is completed with point 6) as follows:
"6) When in the group acting in concert increases the odds are performed by one or more people share ownership so that the group will achieve often exceed the limits specified in art. 15 (1) of the financial institutions Act, this / these people will present a set of documents in accordance with nr.2-5 Annexes to the Regulation, to request a new permissions. "
15) after point 28 shall be supplemented by paragraph 281 as follows:
"281. In the case of acquisition of shares in a bank falls below that substantial request for permission referred to in Article 15, para. (1) b) of the Financial Institutions Act, the National Bank evaluates the quality acquirer by examining all of the following criteria:
1) the reputation of the proposed acquirer;
2) there are reasonable grounds to suspect that, regarding the proposed acquisition is or has committed a crime or an attempted crime of money laundering or financing of terrorism within the meaning of legislation area, or that the proposed acquisition could increase such a risk;
3) there are reasonable grounds to suspect that the beneficial owner of the proposed acquisition is a person other than the declared National Bank. "
16) paragraph 29 shall be completed at the beginning, the words "Following the examination of the application and set of documents submitted in accordance with the provisions of this Regulation";
17) in section 30, after the words "acquirer" is filled with the words' in points 28 and 281 of this Regulation ";
18) at paragraph 37 of the text ", called managerial competence," shall be excluded;
19) in paragraph 38 the word "management" is replaced by "the administration";

20) in paragraph 39 the words' managed and / or "shall be excluded and after the words" group "is filled with the word" financial ";
21) in paragraph 40, subparagraphs 2) and 3) the words "professional" and "professional" is replaced with the word "technical" in grammatical case in question;
22) in section 49, after the words "acquirer" is filled with the text "respectively";
23) in section 50, after the word "group" is filled with the word "financial";
24) in section 51, after the word "Group structure" is filled with the word "financial";
25) in section 53, after the word "group" is filled with the word "financial";
26) paragraph 57 shall read as follows:
"57. The quality of a potential acquirer will not be considered adequate if it is known or suspected by the competent authorities, domestically or internationally, as being:
1) involved in money laundering operations or attempts of this kind, whether they are related or not of the proposed acquisition;
2) to finance terrorist or terrorist acts. "
27) after point 57 is filled with section 571 as follows:
"571. The provisions of paragraphs 21, 37-41, 44, 45, 47-50, 53, 54 does not apply to acquisition of shares in a bank falls below that substantial. "
28) is filled with Chapter IV1 follows:

"Chapter IV1SOLICITAREA prior permission POTENTIAL AND EVALUATION
Pledger, ADOPTION DECISION

581. Pledger potential must submit a written application to the National Bank, prepared in accordance with Annex No. 11 hereto.
Requests for permission National Bank on the establishment as a significant object of pledge of shares of the bank and immediately signed annexes, each tab, the pledger or the potential legal representative (if the person legal - by a person authorized by law or statute with the stamp of the legal entity). Not permitted by the appropriate representatives signing the application proxy.
Application and set of documents shall be submitted to the National Bank Governor in the state language of the Republic of Moldova. If the request and / or set of documents are drafted in a foreign language, a translation thereof certified under the legislation.
An application for permission National Bank pledger potential - natural person / legal entity following information and documents attached:
1) legally attested copy of your passport or ID card / statement from the State Register issued by the body responsible for state registration of legal entities and keeping their (compiled within the 30 days preceding the date of application), including a copy of the document confirming the state registration notarized;
2) information regarding natural or legal person acting on their behalf or on behalf of the pledger potential - physical and legal or natural person in the name or on whose behalf the pledger potential - physical, which will specify the respective powers ( attaching confirming documents certified copies);
3) information on bank shares that are expected to be pledged, made in writing, which will include at least: the number of pledged shares, nominal value, market value and their share in the bank's capital;
4) The draft copy of the pledge agreement;
5) copy of the credit agreement;
6) document certifying the notification by the issuing bank's intention to put potential pledger pledged its shares;

7) affidavit on concerted activity with persons seeking loan with the lender and persons with owners and managers of these persons or the absence of such concerted activities. In case of such an activity, it presents the list of persons acting in concert with the pledger potential (as defined in section 3 of this Regulation) with the following data: determines which drive concerted (exposed very explicit and detailed) in If a legal person - name, address, name managers, participation shares in the capital of companies (name of the company, its seat share in size relative and absolute), and if the natural person - name, surname, address, employment and official duties, including administrative functions employed in other companies, equity interest in the capital to companies (name of the company, its seat share in size relative and absolute);
8) affidavit of the beneficial owner, made in writing, the status of holding beneficial ownership of shares expected to be pledged and information confirming this status;
9) information on the funds that will come from the credit requested, including requested loan amount, purpose of loan use, through which / whose institutions (the network used to transfer funds) will be carried out to further the aim of credit transfers and other relevant information regarding the use of funds borrowing.
582. If the debtor / debtors pledgees potential are a group of persons acting in concert shall submit a joint application with a list of these and set of documents for each person in the group, in accordance with paragraph 581 of this Regulation.
583. After receiving the application for permission under section 581 of this Regulation, and verify compliance demand information and documents attached to the provisions of this chapter, in terms of completeness (totality), the National Bank confirms in writing pledger potential about fullness of documents at the latest in within 4 working days of receipt.
If the application is accompanied by all documents contained in this Chapter, the National Bank shall notify about potential pledger under the procedure in this section, specifying the deadline for evaluation.
If all the documents were not submitted as required by paragraph 581 of this Regulation, the National Bank informs potential pledger about the need to complete the sets.
If, at the repeated request of the National Bank pledger potential not present all the documents, as required by paragraph 581 of this Regulation, the National Bank within 30 working days from the date of dispatch of confirmation under this point, inform the debtor pledger's potential refusal of prior permission.
584. National Bank evaluates the quality pledger potential later than 30 working days after written confirmation of receipt of documents in accordance with section 581 of this Regulation. If the request is not accompanied by all documents, assessment period shall run from the date of confirmation by the National Bank of receipt of all documents.
585. National Bank may request in writing any additional information or documents or conduct further investigation necessary for evaluating potential pledger. Dated request additional information or documents the assessment period provided for in section 584 of this Regulation shall be suspended until their presentation. If the pledger potential will not provide any information or documents required within the time specified by the National Bank, it will inform about refusal of potential pledger prior permission.
586. National Bank evaluates the quality pledger potential by examining all of the following criteria:
1) there are reasonable grounds for suspecting that the proposed pledging of shares of the bank could be an attempt by the offense of money laundering or financing of acts of terrorism within the meaning of legislation;

2) there are reasonable grounds to suspect that the beneficial owner of the bank's shares is expected to be pledged a person other than the declared National Bank;
3) there are reasonable grounds for suspecting that the pledger potentially non-compliant financial institutions.
If the creditor would be a bank in Moldova will consider the bank's ability to meet prudential requirements under the legislation in force as a result of granting credit.
587. National Bank will not issue prior permission if there are reasonable grounds for doing so on the basis of the criteria set out in section 585 of this Regulation or if the information and documents provided are incomplete or pledger potentially contain erroneous data.
588. If the National Bank refuses to issue prior permission, it shall notify in writing the pledger potential about his decision within 2 working days from the date of adoption and not exceeding the period prescribed in section 583 of this Regulation, indicating the reasons that led to the decision.
589. Evaluation criteria on money laundering and terrorist financing is done through transparent use of funds from the loan required. In this respect, it will prove at least that funds will not be transferred through institutions that are supervised by the competent authorities of the countries cooperating with increased risk of money laundering and terrorist financing and / or do not have rules enough on combating money laundering and terrorist financing.
ESTABLISHMENT OF PLEDGE will not be allowed if the person applying for the loan, expected to be secured with bank shares is suspected or known to the competent authorities, domestically or internationally, as being:
1) involved in operations money laundering or attempts of this kind;
2) to finance terrorist or terrorist acts. "
29) in paragraph 59 the words "5%" is replaced by "1%, 5%, 10%";
30) in section 60, paragraph 2) the words "and / or the bank" is excluded;
31) paragraph 61 shall read as follows:
"61. The quality of direct and indirect holders of significant interest in the share capital of a bank must meet the requirements set out in Chapter IV permanently in this Regulation to ensure a sound and prudent management of the bank, the compliance of the provisions of this legislation. To this end, direct and indirect holders, including their beneficial owners of the National Bank survey shows the model in Annex 4 to this Regulation annually, at the latest before April 30 of the year following that of management. If the information presented above have been changed in Chapters I and II of the questionnaire, direct and indirect holders, including their beneficial owners of the National Bank presents the changes in question within 30 days of the occurrence of changes. "
32) at paragraph 62:
a) the first paragraph the words "and" is replaced with the word "including";
B) points 1) and 2) the words "direct and indirect" and "direct or indirect" shall be supplemented with words ", including beneficial owners," the grammatical case in question;
33) at paragraph 63:
a) points 1) and 2), in both cases, the words "5%" is replaced by "1%, 5%, 10%";
B) paragraph 3), after the word "alienation" is filled by 'in accordance with point 63 points 1) and 2) of this Regulation, ";
34) in section 64 the words "National Bank" is replaced with the words "National Bank";
35) the title of Chapter VII, the words "WHERE purchases made without permission" is excluded;
36) in section 68, paragraph 1) shall be supplemented by "informing about this fact in law";
37) paragraph 69 shall read as follows:
"69. In case of withdrawal prior permission, holders of significant interest in the bank's capital target alienate their shares within 3 months from the date of withdrawal of permission. If the shares are disposed of within that period, shall apply the provisions of Article 156, par. (3) of the Financial Institutions Act. "
38) paragraph 74 shall read as follows:

"74. Bank or persons shall convene the general meeting of shareholders no later than 2 days before the general assembly of shareholders are required to submit to the National Bank information covered by Article 158 (2) of the Law on Financial Institutions and information the person and / or persons shall convene the general meeting of shareholders, contacts indicating postal address, telephone, fax, e-mail address. "
39) Annex 1:
a) the name of the Annex after "hold /" is filled with the words "acquire /" and the word "substantial" is excluded;
B) in the first paragraph:
after "/ potential purchasers" shall be filled by "who intends to acquire, individually or in concert, a substantial share in the bank's share capital pursuant to Art. 15 para. (1) a) the Financial Institutions Act or intends to acquire, individually or in concert, the share capital of the bank to which they have become incidents art. 15 para. (2) of the Financial Institutions Act (underline one of statements) and ";
After "holding /" is filled with the words "acquisition /" and the word "substantial" is excluded;
C) the last paragraph, 'and will be in mun. Chisinau during the examination of the application "shall be excluded;
40) after Annex 1 is filled with Annex 11 as follows:
Annex No.11


41) Annex 2:
a) the name of the annex, the word "application" is replaced by "APPLICATION acquirer"
B) in paragraph 1:
in paragraphs 4), 5), 7) and 9) the text "4)", "5)", "7)" and "9)" is replaced by " 4 *) "" 5 *) "," 7 *) "and" 9 *) ";
Subparagraph 4 *) the words "of the audit opinion" is replaced by "auditor's report" and finally completed with the words "For legal persons under their dissolution lists the name, headquarters and the reason dissolution "
C) in section 2:
in paragraphs 2) and 7) the words "2)" and "7)" is replaced by "2 *)" and "7 *)";
Point 3) shall be supplemented by 'If the administrator acquirer is a legal person shall submit information on the name and headquarters, mailing address, certified copies of incorporation, information on activities the past 10 years by the legal entity and, where appropriate, copy / licenses it holds. It also presents information on administrators (board members and executive body) of this legal entity, ie name, title and occupation administrators concerned in the last 10 years, indicating at least the following information: name and address legal persons having active / active, while holding their official duties and, if held / hold the right to represent legal entities, including potential acquirer "
Subparagraph 4), after "business / affairs" is filled with the words "have control";
To point 8), after the word "potential" is filled with the words "certified as required by law";
To point 9) the words "certificate of registration" shall be substituted with the words "the document confirming the state registration";
D) in Section 3:
in points 1), 6) 7) 8) and 10) the text "1)" "6)", "7)" "8)" and " 10) "is replaced by" 1 *) "," 6 *) "," 7 *) "," 8 *) "and" 10 *) ";
Point 7 *) in the first paragraph the words "lines of development" are replaced by "the impact of these changes on" and in paragraph a) the words "purchase" is replaced by "changes envisaged," the second word "acquisition" is replaced with the word "change" and after "in group structure" is filled with the word "financial";
Subpart 9) after "conducted business / affairs" is filled with the words "have control";
E) at the end will be supplemented by "(*) - except acquirer who intends acquiring a share in the bank's capital substantially lower than that mentioned in art. 15 para. (1) lit. b) of the Financial Institutions Act ";
42) Annex 3:
a) the name of the annex, in both cases, after the word "potential" is filled with "*";
B) in the first table:

As 6 the phrase "property value" is replaced by "Investment Property";
Under item 8 the words "Fixed" is replaced by "Tangible"
C) at the end of the Annex, in both cases, make the text "(*) - unless of acquisition of shares in a bank falls below that substantial";
43) Annex 4:
a) the title of Chapter I the words "intends to acquire / raise a significant interest in the bank" is excluded;
B) in section 2, after the word "trust" is supplemented by "(in which a person entrusts another person's property shall hold them for, manage and teach)";
C) in sub-clause 4.4 the word "financial" is replaced by "Bank of the Republic of Moldova";
D) in subsection 4.6 b), after the word "authority" is filled with the text "(written confirmation of the person who control the majority of the group members)";
E) the text of point 4.7 "4.7)" is replaced by "4.7 *)";
F) in Section 5 the text "/ branch" and "foreign bank" is excluded;
G) in paragraph 12, after the word "intended" is supplemented by "(draft contract of sale)";
H) in Section 14 the text "14" is replaced by "14 *.", And after the word "bank" shall be supplemented with the words "the acquirer"
I) in paragraph 15 the text "15" is replaced by "15 *."
J) at the end, will be supplemented by "(*) - except acquirer who intends acquiring a share in the bank's capital substantially lower than that mentioned in art. 15 para. (1) lit. b) of the Financial Institutions Act ";
44) Annex 5:
a) the word "substantial" is excluded;
B) in the table, the words "share participation / right to vote, which will be held in the capital acquirer directly (%)" is replaced by "relationship to control the acquirer directly or, where appropriate, the last holder";
45) Annex 6 is supplemented by point 3 as follows:
"3. Information on why alienation / reducing a significant share held:
_________________________________________________ "
46) Annex No. 7:
a) the annex would read as follows:

"DECLARAŢIEprivind concerted activity with other individuals
direct or indirect holders of shares in the capital of the bank or
the absence of such concerted activities ";

B) the first paragraph reads as follows:
"_______________________ undersigned, residing in ______________, mailing address __________________________________________, ______________________ phone, fax ________________________, holder of the ID type series _________ ___ No .________ issued by _________ on _________, valid until the date of _________, as the acquirer - natural person shares of the bank ______________ holder of the number of shares of the bank __________ units having a share in the amount of ____% will hold a number de_________________ _____________________ bank shares, with a share of ____% of its share capital and ____% of the voting rights, hereby declare the following. "
47) Annex No. 8:
a) Name of Annex reads as follows:

"DECLARAŢIEprivind concerted activity of the legal person with direct or indirect
other holders of shares in the bank's capital or the
no such concerted activities ";

B) the first paragraph reads as follows:
"The undersigned _____________________, residing in ______________, mailing address ______________________________________, ______________________ phone, fax ________________________, holder of the ID type series _________ ___ No .________ issued by _________ on _________, valid until the date of _________, as the legal representative of the acquirer - legal entity ________________ of the bank's shares ________________ holder of the number of shares of the bank ___________________ units having a share in the amount of _________% will hold a number _________________ ______________________ of the bank's shares, with a share of ________% of its share capital and ____% of the voting rights, hereby declare the following: ".

2. Regulation on licensing banks No.23 / 09-01, approved by the Board of the National Bank of Moldova, Minutes No. 37 of August 15, 1996 (Official Gazette of the Republic of Moldova, 1996 nr.59-60, Article 74), as amended and supplemented, registered with the Ministry of Justice of the Republic of Moldova No. 750 on 4 May 2010, is amended and supplemented as follows:
1) Chapter B VII2 words' recording "is replaced by" the registration of changes (additions) status / regulation subsidiary (or new version thereof) "after" the bank's decision "is filled with the words" competent bodies "and the word" amendments "is replaced with the words "approval of changes";
2) Regarding the letter K VII4 word "bank" in the second case, substitute the words "National Bank";
3) Chapter VIII point D reads as follows:
"D. Bank or persons who convened general meeting of shareholders shall submit to the National Bank, in a letter accompanying information on the general meeting of shareholders, which shall include at least the following:
1. copy of extract from the minutes of the meeting of the management body that decided on the convening of the meeting of the general assembly or other persons authorized by the General Assembly convenes body / persons listed as applicable according to the legislation in force. The authorized copy of the extract of the minutes of the meeting referred to contain the data referred to in Article 53. (8) a) - g) of the Law on Joint Stock Companies nr.1134-XIII of 02.04.1997;
2. copies of confirming documents certifying the measures taken related provisions of article 55 para. (1) b) or par. (2) of the Law on Joint Stock Companies authenticated by the bank's authorized administrator;
March. copy of the publication in which the ad was placed on the general meeting of shareholders, except as provided in Article 59. (7) of the Law on Joint Stock Companies.
The information will be presented: if the annual ordinary general meeting - no later than 25 days before the general meeting of shareholders, if the extraordinary general meeting - no later than 12 days prior to holding them, and if second meeting - no later than 10 days prior to its holding.
If the General Assembly takes place as provided for in Article 59. (7) of the Law on Joint Stock Companies, the information shall be submitted within seven days after making that decision, but no later than three days prior to its holding.
Within 20 days of the closing general meeting of shareholders, the bank will present at the National Bank through a cover letter, a copy authorized by the bank to the minutes of the general meeting of shareholders (without attachments) and media in which the judgment was placed general meeting of shareholders. If the general meeting of shareholders adopted decision to increase the capital of the bank by issuing additional shares, while the minutes of the general meeting of shareholders shall present the decision on the additional issue of securities approved general Meeting of shareholders that. Within 5 days after the meeting authorized body that has approved the report on results of issue of securities, the bank will present the National Bank report on the results of the securities issue and list subscribers securities placed under the decision of general meeting of shareholders drawn up according to the requirements of normative acts of the National Commission of Financial Market.
National Bank may require the partial or complete information according to the annexes to the minutes of the general meeting of shareholders. "
4) In the second paragraph of Chapter IX shall be repealed;
5) Annex 1 Chapter III:
a) 5:
in the first paragraph the words "joint" is replaced with the word "concert" and the second paragraph shall be repealed;
A, is supplemented by point (10) as follows:
"(10) statement on the existence or absence of concerted activity of the natural person who intends to acquire a shareholding in the bank's capital under Schedule 1 of the Regulations on voting rights, and registration of the transfer of ownership of shares of banks. "
Point B:

- Point (4) reads as follows:
"(4) list of persons affiliated legal person (as defined in Article 3 of the Law on Financial Institutions and taking into account the definition of National Bank regulations relating to bank transactions with persons its affiliates) with the following data: affiliation criterion, for legal entities - name, address, name managers, participation shares in legal entities (company name, country of residence and value), and if the individual - name, home address, work and function, participation shares in legal entities (company name, country of residence and value).
If the legal person is a bank, it will present information on:
- list of shareholders / associates who hold 5% or more in the share capital of the applicant bank headquarters and their country of residence, values shares held. If the share owned by shareholders / associates in a bank is demanding control of the capital, presents information on persons who own capital to shareholders / associates bank (name, country of residence, value);
- Name, surname and function of board members, executive body, auditing committee of the applicant bank capital companies indicating that they are in control (name and company headquarters, value);
- The person requesting bank whose capital controls (name and address of this person, value);
- The person in whose capital the person referred to in the previous capital controls (name and address of the person, value);
- The person in whose capital the applicant bank shareholder (controlling interest in a bank demanding) control. "
- The end point is filled with (11) as follows:
"(11) statement on the existence or absence of concerted activity of the legal entity that intends to acquire a shareholding in the capital of the bank in accordance with Annex 2 to the Regulation on the calculation of voting rights and transfer of registration ownership of the shares of banks. "
B) paragraph 6 the words "five percent or more" is replaced by "substantial share";
C) point 9 shall read as follows:
'9. Anyone wishing to hold a significant interest in the bank's capital presents an affidavit drawn up in writing, stating that knowledge and obligation to observe the Law on Financial Institutions, legislation in preventing and combating money laundering and financing terrorism and normative acts of the National Bank. "
D) Section 14 is repealed;
6) Annex 4:
a) in the table, point 2, position 4 is completed by position 41 as follows:









"41


Revaluation of securities of certain issuers'









B) compartment method of preparation of total regulatory capital calculation:
after point 10 shall be supplemented by paragraph 101 as follows:
"101. Among 2.41. reflected net favorable or unfavorable result from revaluation of securities (adjusted for deferred tax amount related to this result) free of bans, whose issuers are rated no lower than rated A- / A3 by at least one of the agencies Standard & Poor's, Moody's and Fitch IBCA,. Companies is mandatory for issuers, provided they are simultaneously residents of countries with ratings specified. If the rating assigned differs from one agency to another, consider the rating agency that assigned the lowest rating. "
at paragraphs 11 and 12 text "2.4." is replaced by "2.41."
7) Annex No. 5 section III, paragraph 8) is repealed.

March. Requests for documents and sets the prior written permission of the National Bank, according to art. 15 (1) b) of the Law on financial institutions no.550-XIII of 21 July 1995 and art. 8 (51) of Law no. 449-XV of 30 July 2001 on the pledge, outstanding at the effective date of this decision are examined and resolved taking into account the provisions of paragraph 1 of this decision. Sets of documents submitted with the required documents are completed, according to paragraph 1 of this decision within 30 days of its publication. Where sets of documents are not completed within the specified time, the National Bank refund requests and sets of documents submitted.