C A C U A TO R S
On Amendments to the Law of Ukraine
"Bank and Banking"
(Information of the Verkhovna Rada of Ukraine (VR), 2007, N 2, pp. 15)
{With changes under the Act
N 4452-VI ( 4452-17 ) from 23.02.2012, VR, 2012, N 50, pp. 564}

Verkhovna Rada of Ukraine Oh, I am. :
I. Bring to the Law of Ukraine " On banks and banking
activity " ( 2121-14 ) (Information of the Verkhovna Rada of Ukraine,
2001, N 5-6, pp. 30; 2003, N 14, pp. 104; 2006, N 43,
Oh, 414) such changes:
1. In Article 2:
in the definition of the term "bank with foreign capital" of the word
"non-resident, exceeds" replacing the words " foreign investor,
is at least ";
defining the term "banking license" after the words " on
Based on which banks "complement the words" and branches of foreign
Banks ";
complementing the article after the term "Capital Capital"
By definition of such content:
" Capital is credited-the amount of money freely
convertible currency provided by the foreign branch of the branch for its
Accreditation ";
defining the term "bank representation" after words
"a bank unit that will complement the words" performs functions
The representation and protection of the interests of the bank and the
2. Article 3 after part of the first supplement
such content:
" The provisions of this Act and regulations
The national bank of Ukraine applies both to banks and to
"foreign bank affiliates".
Due to this part two and third are considered respectively
Third and fourth.
3. Part of the first article 4 after the words "other banks"
"as well as foreign bank affiliates."
4. Articles 23 and 24 are outlined in such an editorial:
" Article 23. Order of opening of branches and representation of banks
Territory of Ukraine
The Bank has the right to open branches and representation on
Territory of Ukraine in accordance with its compliance with the
and to the representatives established by the legal instruments
National Bank of Ukraine.
Information on branches and representatives of banks
Bank of Ukraine includes the State Register of Banks on the grounds of
a written message to the bank.
The bank is not later than ten days before the exercise began
The customer service branch is required to submit
National Bank of Ukraine reports on opening branches, in
That is stated:
(1) Inner-bank registration code of the branch;
(2) The full name of the branch;
(3) Location of the branch;
4) volume and activities of activities (operations)
Philia.
The following documents are added to the opening notice:
1) the decision of the authorized body of the bank on the opening of the branch;
(2) the position on the branch approved by the authorized body
Bank;
(3) written assurance of compliance by the branch
by the Law and Regulations of the Law
The National Bank of Ukraine, including the premises,
Bank branch equipment and professional fitness and business
Reputation of branch managers.
National Bank of Ukraine has the right to decide on
terminating the branch of the bank of operations in favour or for
customer service, if information about the opening of the bank of its
The branches contain false information or branch activities not
comply with the requirements of the law and regulations
National Bank of Ukraine.
Bank for a two-week term after making a decision about
opening of representation is required to submit to the National Bank
Ukraine reports on the opening of the representation.
The following information is added to the discovery message
Documents:
1) the decision of the authorized body of the bank about the discovery
Representation;
(2) the position on the representation approved by the Commissioner
The bank.
The bank is obliged to send the National Bank of Ukraine a copy of
the decision to make changes to the provision of a branch or
a two-week term after its approval
Authorized by the bank.
The Bank is obliged to notify the National Bank of Ukraine on
termination of branch or representation in a three-day term after
To make a decision.
Article 24. Order of opening of branches and representatives of foreign countries
Banks in Ukraine
Foreign banks have the right to open branches and representation
In Ukraine.
Foreign bank has the right to open branches in Ukraine abroad
These conditions:
(1) the state in which a foreign bank belongs to
countries that participate in international cooperation in the field of
Preventing and countering legalization of income,
of the criminal offence, and the financing of terrorism, and
collaborates with the Group of Financial Measures to Combat
Money laundering (FATF);
2) a bank view of the state in which registered
foreign bank, meets the Basic Principles of Effective
Banking Committee on Banking and Banking
-Supervision
3) between the National Bank of Ukraine and the body of banking
the supervision of the state in which a foreign bank is registered
agreement on the interaction of banking oversight, harmonization of their
Principles and Conditions;
4) the minimum size of attributed capital branches at the time of its
The accreditation is not less than 10 million euros;
(5) The presence of a written obligation to a foreign bank about
The unconditional execution of its obligations that have arisen in connection with
His work is on the territory of Ukraine.
Accreditation of foreign banks branches in Ukraine
National Bank of Ukraine.
Accreditation of foreign bank branches is carried out by the way
Making the corresponding entry to the State Register of Banks and
The issuance of a bank license.
Accreditation of a foreign bank is a basis for exercise
It's banking.
For accreditation of the foreign bank branch:
1) petition to a foreign bank about opening branches with
The importance of its location in the territory of Ukraine;
(2) a document confirming the state registration of foreign policy
a bank in the state of its origin;
3) the decision of the authorized body of a foreign bank about
Opening of the branch
(4) the position on the branch approved by the authorized body
A foreign bank;
5) information on professional suitability and business management
The reputation of the head and chief accountant of a foreign bank branch;
(6) A copy of the statute of a foreign bank;
7) confirmed by an independent audit of financial reporting
Foreign Bank for the last three years;
8) written permission to open branches of foreign bank in
To Ukraine, issued by the state or other authorized control
the authority of the state in which a foreign bank is registered, or written
the reassurance of a foreign bank about the lack of legislation
The relevant state of the requirements for obtaining such permission;
9) message of the authorized supervisory body of a foreign
The State will oversee the activities of a foreign bank;
(10) a written commitment to a foreign bank about the unconditional
The implementation of the obligations of the
Its branches in the territory of Ukraine;
(11) documents confirming the contribution of funds in the amount of
The assigned capital of the branch;
(12) a copy of the payment document for payment of
the accreditation of a foreign bank established by the National Assembly
Bank of Ukraine
The activities of the foreign bank branch must be responsible
Requirements set out by the Law and Regulations of the
National Bank of Ukraine. National Bank of Ukraine
regulation and establishes economic regulations for
Foreign bank branches in accordance with the requirements of the legislation of Ukraine.
National Bank of Ukraine has the right to refuse accreditation
a foreign bank branch of the following:
1) submitted documents do not meet the requirements of this Act and
Regulations of the National Bank of Ukraine;
(2) The premises and equipment of the branch do not meet the requirements
National Bank of Ukraine;
(3) Chief and Chief Accounting Officer of the branch
comply with the requirements of this Act and regulations
National Bank of Ukraine on professional compliance and
Business reputation;
4) in a foreign bank found financial or legal
problems indicating the possibility of negative consequences for
customers or potential bank customers as a result of the opening
Philia.
National Bank of Ukraine accepts decision on accreditation or
rejecting in the accreditation of a foreign bank branch for three
months since the submission of all necessary documents. Failure
is provided in writing with the appropriate grounds.
Activities and taxation of foreign bank branches
In accordance with the legislation of Ukraine, which
applies to the banks of Ukraine.
The National Bank of Ukraine has the right to enter temporary
administration and initiating the procedure for eliminating branches of foreign
a bank in the order stipulated by the legislation of Ukraine.
National Bank of Ukraine exercises accreditation of representatives
foreign banks in Ukraine in order and on conditions,
the Law and Regulations of the
National Bank of Ukraine.
Accreditation of foreign bank representation is carried out
by making the appropriate entry to the State Register of Banks.
For accreditation of the foreign bank ' s representation are served
Documents:
1) petition to a foreign bank on accreditation of representation
According to the signature of the authorized person;
(2) a document confirming the state registration of foreign policy
Bank;
(3) the position on the representation approved by the Commissioner
The foreign bank authority;
4) the trustees of the office of representation from a foreign bank
On the implementation of representative functions;
(5) a copy of the payment document for payment for
Accreditation of representation established by the National Bank
Ukraine.
National Bank of Ukraine may refuse accreditation
of a foreign bank in case of a violation of order
accreditation, the discrepancy of the submitted documents to the requirements of this
Law or regulations of the National Bank of Ukraine,
Imposition of information or exceeding the authority
I don't know how to do this.
Decision on accreditation or denial of accreditation
Foreign Bank of the National Bank of Ukraine accepts
for one month since the submission of all necessary
Documents.
Failure is given in written form with a value
The appropriate reason.
Foreign bank is required to notify National Bank
Ukraine on changes of documents or information specified in paragraphs
4-6 parts of the sixth and paragraphs 3 and 4 of the fourteenth
Articles. Changes must be validated
Documents.
Official documents filed by the National Bank of Ukraine,
must be legalized in the prescribed order if the other is not
provided by international treaties, consent to the binding
by the Verkhovna Rada of Ukraine, and accompanied by notarially
Translated by the Ukrainian language. "
5. Part of the first article 57, to be published in this edition:
" Investing the physical individuals of banks and affiliates of foreign banks
are guaranteed in order and size stipulated by the legislation
Ukraine ".
II. Final Position
1. This Act takes effect from the day of accession of Ukraine to
World Trade Organization except for changes to Article 5 of the Act
"On foreign economic activities" 959-12 ), to Articles
2, 4, 23, parts of twelfth to nineteenth article 24 (in
The Law of Ukraine " On Banks and Banking and
activity " ( 2121-14 ) who will take effect from the day of its
publish.
2. To make changes to such legislative acts of Ukraine:
1) in part of the first article 334 of the Lord of the Lord of Ukraine
( 436-15 ) (Information of the Verkhovna Rada of Ukraine, 2003, NN 18-22,
Oh, 144) words "(state and non-state)" to replace " a
Also a branch of foreign banks ";
2) in the paragraph of the first part of the eighteenth article 5 of the Act
"On foreign economic activities" 959-12 ) (Information
The Supreme Soviet of the Ukrainian SSR, 1991, N 29, pp. 377) second sentence
replace the two sentences of such content: " Accreditation of branches and
The National Bank of Ukraine is represented by foreign banks.
Under the Law of Ukraine "On Banks and Banking"
( 2121-14 ). Registration of representatives of other foreign entities
Economic activity is exercised by the central body of the executive
authorities on economic policy for sixty working hours
days from the day of submission to a foreign entity of economic activity
the registration documents. "

{Subparagraph 3, paragraph 2, Section II lost its validity on the basis of
Law N 4452-VI ( 4452-17 ) 23.02.2012}

3. The Cabinet of Ministers of Ukraine:
in the three-month period after the effect of effect by this Act
to the Verkhovna Rada of Ukraine to consider the Verkhovna Rada of Ukraine
The laws of Ukraine are in compliance with the Act;
in a six-month period after the Act is taken into force
bring their legal and legal acts into compliance with this
By law.
4. National Bank of Ukraine for one year after
to take effect by the Act to bring its legal and legal rights
Acts in compliance with this Act.

President of Ukraine
Um ... Kiev, 16 November 2006
N 358-V