C A C U A TO R S
On Amendments to Certain Laws of Ukraine
concerning the supervision of a consolidated basis
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 47, pp. 533)

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the laws of Ukraine to be amended:
1. In the Law of Ukraine "On Banks and Banking"
( 2121-14 ) (Information Of The Verkhovna Rada Of Ukraine, 2001, N 5-6,
Oh, 30 with the following changes):
(1) In Article 2:
(a) To determine the term "financial holding group" to exclude;
b) complement the definition of terms of such content (in
(alphabetical order):
" A bank group is a group of legal entities that have a common
Controller, consisting of:
from the parent bank and its Ukrainian and foreign countries
subsidiary and/or associate companies that are financial
Institutions;
of two or more financial institutions and in which a bank
The activity is overwhelming.
Bank holding company and delivery company
auxiliary services that have a common controller with participants
The banking group is a member of the banking group.
The prevailing activity in the group is banking if the aggregate
the average value of bank assets (bank)-participants
(participant) banking group for the past four reporting quarters
is 50 and more than a percent of aggregate size
the average arithmetic values of all financial institutions, which
This is the group, during this period.
Calculating the prevailing activity of the banking group
is delivered every year as of 1 January in the order defined by this
That's right.
After the group was identified by the bank on the basis of
preferential activity and share of aggregate assets of banks (bank) in
the aggregate amount of assets of financial institutions entering this
groups, decreased by 40 to 50 percent, such a group
continues to be considered banking for no more than three years since
the moment of this decrease ";
" Banking holding company-financial holding company
the company in which the overwhelming activity of financial institutions is its
subsidiaries and associated companies, there are banking activities ";
" A subsidiary is a legal entity controlled by another.
Legal entity (parent company) ";
" The parent bank is Ukrainian bank, among subsidiaries.
associated companies of which is a bank and/or other financial institution
and which is not a subsidiary of another Ukrainian bank or
A bank holding company ";
" Participants in the banking group-banks, other financial institutions,
Bank holding companies, companies to provide support
services that have a common controller ";
(c) To complement the article by a new part of the second such content:
"Terms" associate company, "parent company",
"financial holding company", " the delivery company
"is used in the values defined by the Law of Ukraine."
financial services and government regulation of financial markets
of services " ( 2664-14 );
(2) Article 9 is set out in such an editorial:
" Article 9. A banking view on a consolidated basis
A bank view on a consolidated basis is a care that
is carried out by the National Bank of Ukraine for the banking group of
aim to ensure the stability of the banking system and restrictions
the risks of the bank being held by the banking system
group, by regulation, monitoring and risk control
of the banking group in the definition of the National Bank of Ukraine
Okay.
National Bank of Ukraine to oversee
A consolidated basis has the right to identify within the banking system
group subgroups consisting of at least two financial
institutions, and overseeing the subconsolidated
-Based
Criteria for defining such subgroups are set up
Regulations of the National Bank of Ukraine.
National Bank of Ukraine has the right to set requirements for
the banking group and/or banking subgroup on a consolidated and
subconsolidated based on:
1) the presence of an effective corporate governance system;
(2) The presence of an effective risk management system;
(3) The presence of an effective internal control system;
(4) availability of accounting procedures, information systems,
necessary to ensure the execution of requirements on a consolidated
Based on
5) assembly and order of submission of consolidated and
Subconsolidated reporting;
(6) The adequacy of the regulatory capital;
(7) Economic regulations;
8) limits and restrictions on certain types of activities, in
Including activities on the territory of other states;
9) the order of submission of the necessary reporting and information.
A legal or physical person who intends to become a controller
the banking group, through the definition of its authorized person
commitment to inform the National Bank of Ukraine and to provide
National Bank of Ukraine information about such a banking group, in
including the ownership structure of the banking group and
the activities of its participants, in the order established by the National
Bank of Ukraine
Bank group, subgroup, its participants are required
Comply with the requirements established by the National Bank of Ukraine
according to this Act.
Non-bank financial institutions that are involved in banking
groups, are subject to oversight of the National Bank of Ukraine in
within a consolidated and subconsolidated basis
according to this Act.
Head of bank holding company, his deputies,
members of the executive body and supervisory board, chief accountant,
His deputy shall meet the requirements of the banks,
by this Act.
The bank group is obliged to identify among the participants
the banking group responsible to the person of the banking group, which
It is possible to ensure the execution of requirements established by the National
Bank of Ukraine to the banking group, and agree it with the National
Bank of Ukraine
Agreement by the National Bank of Ukraine
The banking group is carried out on the basis of a petition that has
contain the rationale for the definition of such a person, and others
Documents identified by the National Bank of Ukraine.
Prior to the weather, the National Bank of Ukraine is responsible
the person of the banking group or in case of
National Bank of Ukraine responsible person identified
the banking group, unable to ensure the execution of functions
responsible person, the responsible person is a member of the group
with the largest asset value for the last reporting period
(quarter).
The participant of the banking group no later than 10 calendar days
after changing their property structure and activities
is required to report this to the responsible person of banking
groups.
The responsible person of the banking group is obliged to report
National Bank of Ukraine on the Change of Property Structure
the banking group and the activities of its participants no later than 30
The calendar days after such changes have been made.
The responsible person of the banking group is obliged to provide
compliance with the banking group of requirements established by the National
the bank of Ukraine in accordance with this Act.
The responsible person of the banking group is consolidated
reporting on the reporting of participants in the banking group (except
of insurance companies) in the order defined by the National Bank
Ukraine.
Members of the banking group are required to submit
The responsible person of the banking group reports, information and
the documents required to prepare consolidated reports, and
enforce the monitoring requirements of a consolidated
-Based
Total amount of the line and/or the mediated participation of participants
the banking group in a statutory capital of a legal entity that is not
financial institution, should not exceed 15 percent
The consolidated regulatory capital of the banking group.
Total amount of the line and/or the mediated participation of participants
the banking group in the statutory capital of all legal entities that
is not financial institutions, should not exceed 60 percent.
The consolidated regulatory capital of the banking group.
Sum of the contributions of the participants of the banking group to the capital of the insurance
companies (insurance companies) are excluded from the regulatory
the capital of the banking group.
National Bank of Ukraine exercises control over operations between Russia
Members of the banking group.
National Bank of Ukraine exercises control over operations between Russia
the members of the banking group and their related individuals who are not
Financial institutions. Cumulative volume of operations generated
credit risk, between members of the banking group and their
related persons who are not financial institutions, should not
exceed 20 percent of consolidated statutory capital
The banking group. Aggregate transaction volume generated by credit
risk, between members of the banking group and one related
the identity of a banking group that is not a financial institution, not
must exceed 5 percent of consolidated statutory
the capital of the banking group.
A list of transactions that generate credit risk is determined
Regulations of the National Bank of Ukraine.
Every member of the banking group is required to provide
Holding an annual audit of the annual financial
reporting by an auditor (an audit firm). Responsible person
the banking group is obliged to ensure annual
checking the audit firm of the annual consolidated reporting
The banking group.
Auditor (audit firm)
check the annual financial reporting of a member of the banking group,
the annual consolidated reporting of the banking group, required
notify National Bank of Ukraine about discovered under
Conduct audit and other audits
The audit services of distorting financial reporting indicators,
breaking and disadvantages in the work, as well as any events that
may have a significant impact on pay, security and
reliability of group member or entire banking group, during
three days since the detection of such events or facts.
Auditor (audit firm) at the request of the National Bank
Ukraine is obliged to submit to the National Bank of Ukraine
documents on the audit of the annual financial reporting of the participant
the banking group, the annual consolidated reporting of banking
groups ";
(3) Article 10 of the exclusion;
(4) Article 11 to exclude;
(5) Article 12 to exclude;
6) in Article 25:
(a) the first sentence of a part of the first after words "
create "complement the words" (including by acquisition) ", and
The words "on the basis" with the words "after receipt";
b) after part of the second complement the new part of this
content:
" National Bank of Ukraine has the right to refuse bank in
Permission to establish a subsidiary bank, branch or
A representative office of a bank in the territory of another state
Bank of the National Bank
Ukraine established to create subsidiary banks, affiliates, or
to the representatives of banks in the territory of Ukraine, and in case of
A bank's supervision of this state does not meet the Basic Principles
Effective Banking Supervision of the Basel Committee on
"Banking Supervision".
In this regard, parts of the third and fourth are considered respectively
Fourth and fifth;
(c) to complement the sixth and seventh parts of this content:
" Ukrainian banks are required to provide submission to child
bank, a branch of the bank created in the territory of other states, reports
and information of the parent bank, the National Bank of Ukraine
According to the requirements of the National Bank of Ukraine for
In a consolidated basis, the oversight of a consolidated basis.
National Bank of Ukraine has the right to demand Ukrainian
to reduce participation in capital of the subsidiary, closing
subsidiary bank, bank branches created in the territory of others
states, in the case of unnecessary information needed for
Supervise a consolidated basis, or if
subsidiary banks or branches of the Ukrainian bank created on
territories of other states which shall be exercised by the body of oversight of another
states, is inefficient, in particular not in accordance with the Basic Principles
Effective Banking Supervision of the Basel Committee on
"Banking Review";
(7) Parts of the sixth and this article 47 to exclude;
(8) Paragraph 2 of the seventh article 50 is taught in such a
& Revision:
" 2) investment is carried out in statutory capital
Bank of Banking Group;
(9) Part of the first article 56 to include paragraph 6 of this content:
" 6) regarding the number of shares (paes) of the bank that are in
ownership of the bank ' s executive body, and information in the volume,
defined by the National Bank of Ukraine, about persons involved in the
The bank ' s statutory capital exceeds 5 percent ";
(10) In Article 67:
(a) Part of the second after the words "related persons of the banks"
Complement the words "bank groups, participants of banking groups";
b) Part of the fifth after the words "from banks and their executives"
Complement the words "bank groups, participants of banking groups";
(c) to complement the fourteenth of the following:
" National Bank of Ukraine during the exercise of surveillance
collaborates with other state bodies that carry out
regulation of financial services markets in Ukraine, and with relevant
The authorities will oversee the financial institutions of foreign powers.
The collaboration takes place on the basis of the agreed treaties,
Memorandums or other forms ";
(11) Article 69:
(a) part two after the word "consolidated" complement
"and subconsolidated";
(b) Paragraph 5 of the third after the word "consolidated"
Complement the words "and subconsolidated";
(c) Part of the fourth complement by the words " from banks and
Banking ";
(g) To complement the thirteen of the following content:
" The responsible person of the banking group is obliged to
Publish auditor's and checked audit
firm of the annual consolidated reporting of the banking group in the warehouse and
Order defined by the National Bank of Ukraine with regard to
of the ninth of this article ";
(12) Part of the second article 72 complemented by the words " and participants
Banking ";
13) Article 73 complement parts of the eighth and ninth such
content:
"National Bank of Ukraine in case of banking violations"
a group responsible for the identity of the banking group, other participants
the banking system of the requirements of this Act,
National Bank of Ukraine, risk of taking risks
threatens the bank ' s interests, having a structure
the banking group that enables the implementation of oversight
A consolidated basis has the right to apply measures of influence
an adequate committed violation provided to be part of the first of this
the articles and/or any given below:
1) setting for a bank group of increased economic
Regulations, limits and restrictions on the implementation of individual species
operations;
2) the prohibition of operations between the bank and the other
Members of the banking group;
(3) Requirement for a bank to feel the particles of participation in the statutory
the capital of subsidiaries, associated companies that are members of
banking group, breaking deals, on the grounds of which,
lack of formal possession, is a decisive influence
on the management and/or activities of these individuals.
National Bank of Ukraine in case of violation of non-bank
Financial institutions that are part of the banking group,
the requirements of this Act, the normative and legal acts of the National Bank
Ukraine has the right to appeal to government agencies carrying out
Care for such persons, in relation to the life of these persons
Measures of impact ".
2. In the Law of Ukraine "On National Bank of Ukraine"
( 679-14 ) (Information of the Verkhovna Rada of Ukraine, 1999, N 29,
Oh, 238; 2002, N 17, pp. 117; 2011, N 36, st. 362):
(1) Paragraph 8 of the first Article 7 is set out in this edition:
" 8) carries out banking regulation and supervision
Individual and consolidated basis ";
(2) In Article 55:
(a) A part of the second teaching in such an editorial:
" National Bank performs banking regulation functions.
and supervision on individual and consolidated basis over activities.
banks and banking groups within and order stipulated
Legislation of Ukraine ";
(b) In part three of the words "bank associations"
replace the words "bank groups";
3) in part one article 57 of the words "bank associations"
Replace the words "members of the banking groups";
(4) In paragraph 1 of the first article 67 of the words "
merged "to replace the words" banking groups, participants
"Banking Group".
3. In the Law of Ukraine " On Financial Services and Public
regulation of financial services markets " ( 2664-14 ) (Information
The Verkhovna Rada of Ukraine, 2002, N 1, pp. 1 of the following
changes):
(1) Part of the first Article 1 complement the terms of such content:
" 13) associate company is a legal entity in which the other
the legal person owns straight and/or indirectly 20 or more
Percentage of statutory capital and/or votes;
14) the subsidiary is a legal entity controlled by the
Other legal entity (parent company);
15) The company of providing subsidiary services is a legal entity,
which is not a financial institution whose activity is in the
services from information technology, ownership or management
master, with data processing or any similar services that
necessary to implement the financial institution
Financial services;
16) a controller is a physical person or a legal entity regarding which
there is no control-physical persons and who has the ability to
Exercise the decisive impact on management or activities
legal person by direct and/or mediated possession
alone or together with other persons in the legal entity,
which corresponds to the equivalent of 50 or more percent of the statutory
capital and/or votes of a legal entity, or independently of
formal ownership of such influence on the basis of an agreement or
Any other way;
17) control-the ability to exercise the decisive impact on
the management and/or activities of the legal person by direct and/or
Mediated possession by one person alone or together with
other persons with a stake in the legal person responsible for
equivalent to 50 or more percent of statutory capital ta/or
the voices of the legal entity, or regardless of formal possession
ability to exercise such an impact based on an agreement or any
Otherwise;
18) The parent company is a legal entity that controls another
Legal entity (subsidiary);
19) non-bank financial group-a group of legal entities that
have a common controller (other than a bank) consisting of two or
more financial institutions in which a non-bank financial institution
(...) (...)
Non-banking financial holding company and company
providing support services that has a common controller with
the non-bank financial group, enter the
The non-banking financial group.
The development of the group is implemented in non-banking
financial institution (non-bank financial institutions), if
the arithmetic mean of assets over the last four reporting
Non-bank financial institutions (non-banking)
financial institutions) is 50 and more per cent aggregate
the size of the average asset values of all
the institutions that enter this group during this period.
Calculation of the overwhelming activities of the non-bank financial
groups are delivered each year as of January 1, in the order defined
This article;
20) non-banking financial holding company-financial
Holding company, the preferential activities of financial institutions that
are its subsidiaries and associated companies, is non-banking;
(21) Property structure-legal and legal system
individuals who allow the determination of all persons who have direct
ta/or mediated substantial participation in the legal person, in that
Including the relationship between the control of this legal entity;
22) participants of the non-banking financial group-banks and others
financial institutions, non-banking financial holding company,
companies to provide support services that have in common
The Controller;
23) financial group-banking group, non-banking
Financial group;
24) the financial holding company is a legal entity, a major
of which is part of the statutory capital of legal
persons, and the activities of financial institutions that are its subsidiaries and/or
associated companies, are the primary.
The activities of financial institutions are major if the aggregate
the arithmetic value of their assets over the last four reporting
periods (quarters) is 80 and more than a percentage of aggregate
the size of the average asset values of all children and
Associate companies for this period ";
2) complement Article 16-1 of this content:
" Article 16-1. Reclamation on a consolidated basis
1. Looking at a consolidated basis is the care of the financial
groups to ensure the stability of the financial system and
the risk limit on which the financial institution is being increased
participation in the financial group, by regulation, monitoring and
control the risks of the financial group.
2. National Bank of Ukraine oversees
consolidated based on bank groups according to this
Laws, other laws of Ukraine.
Authorized body supervision on a consolidated basis
for non-bank financial groups, the vast majority of
to be undertaken by financial institutions, supervise the
Authorized body.
The State Securities and Stock Market Commission performs.
looking at a consolidated basis for non-bank financial
groups whose activities are made by financial institutions
Institutions, the supervision of the State Commission on the Securities and
and the stock market.
Activities in the non-banking financial group are considered
preferential if the mean value of the assets in the last
four reporting quarters of financial institutions, overseeing the
Administers the authority of the Authority or the State Commission
securities and stock market, is 50 and more per cent
aggregate size of the average assets of all assets of all
non-banking financial institutions entering this group, for this
Period.
3. State body to regulate financial markets
of services, with the aim to oversee a consolidated basis has
the right to define within the financial group of the subgroup consisting of
at least from two financial institutions, and to exercise their care
on a sub-consolidated basis.
4. State body for the regulation of financial markets
of the services, according to the distribution of the authority of the
part of the second of this article to oversee the
A consolidated and subconsolidated basis in its
Regulations are entitled to set requirements for
The financial group, its subgroups, as follows:
1) the presence of an effective corporate governance system;
(2) The presence of an effective risk management system;
(3) The presence of an effective internal control system;
(4) availability of accounting procedures, information systems,
necessary to ensure the execution of requirements on a consolidated
Based on
5) assembly and order of submission of consolidated and
Subconsolidated reporting;
(6) The adequacy of the regulatory capital;
(7) Economic regulations;
8) limits and restrictions on certain types of activities, including
Other countries ' activities;
9) the order of submission of the necessary reporting and information.
5. Financial group, its subgroups, group members are required
comply with the requirements established by public authorities
To regulate the markets of financial services.
Banks who are members of the non-bank financial group,
are subject to oversight of the state body
regulation of financial services markets within the oversight of
A consolidated and subconsolidated basis according to this
The law.
6. Financial group is obliged to identify among participants
the financial group responsible to the identity of the financial group and to agree
it with the appropriate state body to exercise the regulation of the markets
financial services.
Prior to the agreement by the state body for regulation
the markets of financial services, the responsible person of the financial group and
in case of the conclusion of the state body that
regulation of financial services markets, responsible person,
defined by the financial group, not simplifying properly
ensure the execution of the functions of the responsible person, the responsible
a person who is responsible for the decision of the state body to regulate
financial services markets, considered to be a financial institution
groups with the largest asset value for the last reporting quarter.
7. Legal or physical person who intends to become a
the Controller of the financial group, through the definition of authorized
The person is obliged to report this state agency exercising
regulation of financial services markets, and provide it with information about
such a financial group, including the structure of the ownership of such a group
and the activities of its participants, in the order established
the State Authority to regulate the regulation of financial markets
Services.
8. Participant in the financial group not later than 10 calendar days
after changing their property structure and activities
is required to report this responsible person to the financial
groups.
The responsible person of the financial group is obliged to report
the state body to regulate the markets of financial services,
about changes regarding the ownership structure of the banking group and species
the activities of her participants no later than 30 calendar days after
Of course, such changes.
9. Responsible person of the financial group owes
ensure compliance with the financial group of requirements established
the State Authority to regulate the regulation of financial markets
of services, according to this Act.
Members of the financial group are required to submit a responsible
The person responsible for the financial group, the State governing body
financial services markets, reports and information required for
preparing consolidated reports, and enforce requirements
concerning the supervision of a consolidated basis.
10. Financial group members are required to provide
Holding an annual audit of their annual financial
reporting. The responsible person of the financial group is obliged
ensure the annual audit of the audit firm
The annual consolidated reporting of the financial group.
Auditor (audit firm)
checking the financial reporting of a member of the financial group,
consolidated reporting of the financial group, required to report
the state body to regulate the markets of financial services,
about discovered during the audit and during the audit
Provision of other audit services
financial reporting, violations and disadvantages in the work, as well as
any events that can significantly affect the solvency,
the safety and reliability of the group member or the entire financial group,
for three days since the detection of such events or facts ";
3) in Article 22:
(a) In part 5, the word "quarter" is replaced by the word "month";
(b) to complement the sixth-ninth such content:
" 6. National Bank of Ukraine, State Securities Commission
the stock market and the stock market and the authorized body
looking at a consolidated basis for financial groups,
You must exchange information about participants in these groups
They're all right.
7. National Bank of Ukraine, State Securities Commission
the stock market and the stock market and the authorized body
looking at a consolidated basis for financial groups, have
the right to initiate one before one audit
The institution that is part of the financial group.
8. National Bank of Ukraine, State Securities Commission
the stock market and the stock market and the authorized body
looking at a consolidated basis for financial groups, have
the right to initiate one application of influence to
the financial institution that is involved in the financial group.
9. National Bank of Ukraine, State Securities Commission
the securities and the stock market and the Commissioner of the Authority cooperates with
by the supervision of foreign powers to oversee
A consolidated basis.
The collaboration takes place on the basis of the agreed treaties,
Memorandums or other forms ";
(4) Part of the first article 40 shall complement paragraph 8 of this content:
" 8) establish for non-banking financial groups raised
standards, limits and restrictions on the exercise of individual
Number of operations ".
4. Paragraph 3 of section II "Final provisions"
Law of Ukraine dated February 15, 2011 N 3024-VI ( 3024-17 ) " About
making changes to some laws of Ukraine regarding regulation
"Bank of Russia".
II. Final Position
1. This Act takes effect six months from the day of its
Publication other than sub-items 7, 9, paragraph 1, paragraph 4 of section I
of this Act, which will take effect from the day of entry into force
Law of Ukraine dated February 15, 2011 N 3024-VI ( 3024-17 ) " About
making changes to some laws of Ukraine regarding regulation
"Bank".
2. Action of the Law of Ukraine "On holding companies in Ukraine"
( 3528-15 ) not distributed to banking and non-bank financial
Holding companies.
3. Legal or physical persons who are controllers of financial
groups defined such in accordance with this Act, for
Three months from the same day, the Act shall take effect:
determine the ownership of the financial group to the bank or
Non-banking financial group;
identify the responsible person of banking or non-banking
The financial group
provide submission to the responsible person of banking or
The non-banking financial group of the State Regulation Authority
the markets of financial services, to the authority of this Act
View of the following group
a banking or non-banking financial group and structure
the ownership of a banking or non-bank financial group in
the state governing body for the regulation of markets established
Financial services order.
4. National Bank of Ukraine, State Securities Commission
market and stock market, State Commission for the Regulation of Markets
Financial services:
for six months from the day of publication of this Act
identify the order of reporting on the existence of banking or
non-banking financial group and property structure respectively
A banking or non-banking financial group;
within six months of the Act of Act
bring their legal and legal acts into compliance with this
By law.
5. Banking and non-bank financial groups created before
into force by this Act, required for two years with
This Act will take effect on the Law of the
Compliance with the requirements of this Act.

President of Ukraine V. YASUKOVIC
Um ... Kiev, 19 May 2011
N 3394-VI