Key Benefits:
On the introduction of changes to some legislatures of Ukraine concerning the responsibility of the bank of persons
(Verkhovna Rada Information (VR), 2015, No. 17, pp. 122)
Verkhovna Rada of Ukraine Orders:
I. Amend the following legislative acts of Ukraine:
1. In Article 166 - 5 The Code of Administrative Law of Ukraine (Supreme Council of the Ukrainian SSR, 1984, appendix to No. 51, pp. 1122):
1) in Part One :
(a) In paragraph the first word "managers of banks", replace "related with the bank of persons", and the words "regulatory and legal acts of the National Bank of Ukraine or"-by the words "regulatory and legal acts of the National Bank of Ukraine, including submission" Non-complete (non-complete) reporting, in particular, as to the quality of assets, conduct operations related to the bank of persons, essentially operations, or ";
(b) In paragraph the second word "hundred to thousands" should be replaced by the words "two thousand to five thousand";
2) after part of the first complement of a new part of this content:
" Actions assumed to be part of the first of this article if they led to the bank ' s cancellation to the problem category,-
"To impose a fine of five thousand to ten thousand untax dollars of income citizens".
In this regard, parts of the second are the fourth to be considered as part of the third-fifth;
(3) In the second part of the third word, "hundred to five hundred" would be replaced by "three thousand to four thousand";
4) a note to complement the paragraph with the other such content:
"The term related to the bank" is used in the meaning of Law of Ukraine "Banking and Banking".
2. Penal Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 25-26, art. 131) complement article 218 - 1 such content:
" Article 218 - 1 . Bank proof before insolvency
1. The bank 's proof to insolvency, that is, intentional, of useful motives, other personal interest or in the interest of third persons committed to the bank of any action that led to the bank' s departure to the category. the insolvent if it caused extensive material damage to the state or a creditor,-
Punishable by imprisonment for one to five years or by imprisonment for the same period, with a penalty of five thousand to ten thousand unauthorised income minimums of income citizens and disrespect of the right to hold appointments or To take care of some activities for up to three years.
Note 1. In this article, the material regret is believed to be large, if it is ten thousand and more times exceed the non-taxable minimum income of the citizens.
2. The term "related to the bank" is used in the meaning of Law of Ukraine "Banking and Banking".
3. Part three article 216 of the Criminal Procedure Code of Ukraine (Verkhovna Rada of Ukraine, 2013, No. 9-13, pp. 88) after the digits "216" supplement the numbers " 218 - 1 ".
4. In Laws of Ukraine "On Banks and Banking" (Verkhovna Rada of Ukraine, 2001, No. 5-6, pp. 30 with the following changes):
1) in Article 2 :
(a) The terms "bank group" and "property structure" are set out in such an editorial:
" The banking group is a group of legal entities:
which have a joint controller consisting of the parent bank, its Ukrainian (Ukrainian) ta/or foreign (subsidiary) and/or associate companies (the company), which (which) is the financial (financial) institution (Institution), or
which consists of a parent bank, which is a controller, its Ukrainian (Ukrainian) ta/or foreign (subsidiary) and/or associate (associate) companies that (which) are the financial (financial) institutions (Institution), or
which have a joint controller consisting of two or more Ukrainian financial institutions, their Ukrainian and/or foreign subsidiaries and/or associate companies that are financial institutions, and in which banking is overwhelming, or
which consists of a non-banking financial institution which is a controller, its Ukrainian (Ukrainian) ta/or foreign (subsidiary) and/or associate (associate) companies that (which) are financial (financial) institutions (...) (...) (...)
The bank holding company and the delivery company, which has a joint controller with members of the banking group, are part of the banking group.
The prevailing activity in the group is banking if the combined average of the bank ' s assets (bank) is the participants of the banking group for the last four reporting quarters of 50 and more than a percent of aggregate the arithmetic values of all the assets of all the financial institutions that enter this group during this period. The calculation of the prevailing activity of the banking group is carried out every year as of January 1.
After the group was defined by banking on the basis of preferential activities and the share of the aggregate assets of banks (bank) in aggregate assets of financial institutions that enter this group, decreased and ranges from 40 to 50 percent, such as The group continues to be considered a bank for three years since the decrease ";
" The structure of the property of the legal person is the system of the relationship of legal and physical persons, to determine:
(1) All key participants (including public companies) and controllers of such a legal person;
2) of all key participants of each legal entity that exists in the chain of ownership of the corporate rights of such a legal person;
(3) All persons who have direct and/or mediated essential participation in such a legal person;
(4) The relationship of control of this legal entity among all persons specified in paragraphs 1 to 3 of this definition ";
(b) The definition of the term "essential participation" is to complement the sentence of such content: " Person is recognized by the owner of an mediated entity, regardless of whether such person controls the direct owner of participation in the legal person or control of any person. another person in the chain of ownership of the corporate rights of such a legal person ";
(c) complement the definition of terms of such content (in alphabetical order):
" A key member of a legal entity is any physical person who possesses the corporate rights of such a legal entity, a legal entity that possesses two and more percent of corporate rights of such a legal person, and in doing so:
1) if the legal entity has more than 20 members-individuals, the key participants are considered to be 20 participants-the individuals whose share is the largest;
(2) If the same as the size of a legal entity, corporate rights packages belong to more than 20 members-physical individuals, the key participants are considered to be all physical individuals who possess two or more percent of the corporate rights of such a legal entity;
(3) It is believed that the public company does not have a key member of the participants ";
"The chain of ownership of corporate rights of legal entity-information on the composition of a key member of the participants of the legal person, which includes information on the key participants of the first and each of the following level of ownership of the corporate rights of the legal person";
"The public company is a foreign legal entity created in the form of a public joint-stock company whose shares are listed on the stock exchange (listing) of stock exchanges which meet the criteria defined by the National Bank of Ukraine";
" The level of ownership of corporate legal entities is a relationship to the corporate rights of a legal entity between such a legal entity and its participants. If all members of the legal person are individuals, such a legal entity has only one level of ownership of corporate rights ";
"The participant of a legal entity is a person who possesses the corporate rights of this legal person";
2) Part three article 17 complement paragraph 8 - 1 such content:
" 8 - 1 ) According to the form of information provided by the National Bank of Ukraine concerning the bank of persons responsible for the signs stipulated as part of the first article 52 of this Act ";
3) part of the sixth Article 32, after the words "to form", complement the word "Statute";
4) in Article 39 :
(a) Part 2 The words "to be the employees of this bank" will replace the words "embrace other posts in this bank on the terms of employment contract";
b) Part 5 supplementing paragraph 28 - 1 such content:
" 28 - 1 ) Approval of the order of operations with the bank of the persons ";
5) in Part 6 Article 42 "other than subsidiary enterprises" to replace "(other than subsidiaries, banking unions and associations)";
6) part two "According to the requirements established by the National Bank of Ukraine";
7) in Article 49 :
(a) The first sentence of the fourth complement is the words "stocks of other banks and the provision of subborn debt to banks";
(b) After part of the fourth complement, the new part of this content shall be:
"The banks are banned indirectly from carrying out credit operations with associated bank personnel."
In this regard, parts of the fifth to the ninth are considered in part by the sixth-tenth;
8) Article 52 Set out in this edition:
" Article 52. Bank-related persons
For the purposes of this Act related to the bank of individuals is:
(2) persons who have a substantial participation in the bank, and persons through which these individuals undertake the mediated possession of significant participation in the bank;
3) the heads of the bank, the head of the internal audit service, executives and members of the bank committees;
4) related and affiliated persons of the bank, including members of the banking group;
(5) persons who have substantial participation in related and affiliated persons of the bank;
(6) Directors of legal entities and heads of banks who are related and affiliated to the bank, the head of the internal audit service, executives and members of the committees of these individuals;
7) associate persons of individuals identified in paragraphs 1 to 6 of this part;
8) the legal persons in which the physical persons listed in this part are the executives or owners of substantial participation;
9) any person through which the operation is carried out in the interest of persons involved in this part, and the effect on which such an operation is carried out in this part, due to the employment, civil and other relationships.
The bank is required to submit information on the National Bank of Ukraine with information related to the bank of persons in order established by the regulatory and legal acts of the National Bank of Ukraine.
The National Bank of Ukraine has the right to identify the physical and legal entities associated with the bank in terms of paragraphs 1-9 of the first of this article, for the presence of signs defined in the legal instruments. National Bank of Ukraine, with regard to the nature of relations, operations and other links with the bank. The National Bank of Ukraine (Ukrainian: Українсека Українс In this case, the person is considered to be associated with the bank if the bank is within 15 working days from the day of receipt of the National Bank of Ukraine, which is related to the bank not to prove otherwise.
A person identified by the decision of the National Bank of Ukraine is related to the bank of a person, whether such a bank can challenge the decision of the National Bank of Ukraine on the definition of a person concerned with the bank. Such a person is responsible for the law of responsibility: to challenge the decision of the National Bank of Ukraine on its definition related to the bank of the person.
Agreements carried out with associated bank entities cannot predict the conditions that are not current market conditions.
Agreements concluded by the bank related to the bank by persons under conditions that are not current market conditions are invalidated since their conclusion.
Current market conditions are not considered, in particular:
1) the adoption of a smaller provision of commitment than required by other clients;
2) the acquisition of a low-quality property from a bank or at a cost price;
3) an investment in securities related to the bank of a person that the bank would not have committed to another enterprise;
(4) the payment of goods and services to the bank of person by price than usual, or under such circumstances, when the same goods and services of another person would not be purchased at all;
5) the sale of a person with a property of property at a cost lower than the one which the bank would have received from the sale of such property to another person;
(6) counting the interest and commissions according to the services provided by the bank related to the bank of persons who are smaller than usual;
(7) counting the interest in deposits (deposits) involved by the bank of the bank-related persons who are larger than usual.
The bank is prohibited to provide loans to any person for repayment of this person to any obligations to the bank of the person; acquisition of assets associated with the bank of the person, except for products produced by this person; acquisition of valuable In the case of the Bank of the United States of America.
The National Bank of Ukraine is responsible for monitoring banks ' operations with associated bank personnel.
The National Bank of Ukraine has the right to impose restrictions on the operation of banks linked to the bank of individuals ";
9) parts fifth and Sixth Article 58 of the text of the session is as follows:
" Concerned with the bank of the person for violation of the requirements of the legislation, including the regulatory and legal acts of the National Bank of Ukraine, enforcement of risk operations that threaten the interests of depositors or other creditors of the bank, or to bring the bank to The insolvency is a civil-legal, administrative and criminal responsibility.
Associated with the bank, a person whose actions or inactivity led to the task of a bank of harm from her guilt, is responsible for his master. If any of the bank's actions or inactivity of the bank is detrimental and the other associated with the bank, as a result of such actions or inactivity directly or indirectly, it has benefited from the bank. to the bank of the school ";
10) part of fourth Article 61:
" State authorities, legal and physical persons who, when fulfilling their functions, defined by law, or given bank services directly or indirectly obtained by the law of order, containing the banking secret, The obligation to ensure the preservation of such information is not to dissolve this information and not use it in its favor or in favour of third persons ";
11) article 62 after part of the ninth complement of two new parts of this content:
" The National Bank of Ukraine has the right to disclose information about the bank or the associated bank of persons, which is going to hold bank surveillance and constitute a banking secret, the state authorities authorized to carry out the board. to investigate, in case of detection of legislation containing signs of criminal offence.
The National Bank of Ukraine has the right to provide state executive bodies to force its decisions on application to the bank, branches of a foreign bank of an event of influence in the form of punishments which according to this Act is Executive papers and contain information that is a bank secret. In this case, the bodies of the State Executive Service shall have the right to disclose the recipient from the National Bank of Ukraine information containing a bank secret, to participants in executive proceedings and individuals who are involved in the executive action. "
In this regard, parts of the tenth are considered to be the 13th part of the twelfth:
12) in Part One Article 73:
a) para. 7 Complement the words "including transactions involving the bank of individuals";
b) in Paragraph 9 :
in a paragraph to the second word "to a hundred" replace with the words "up to five thousand";
Paragraph 6 is sixth after the word "percent" to be augmented with the words "from nominal value";
(13) para. 5 parts of the first article 75 to replace two paragraphs of such content:
" (5) The bank does not have effective and adequate internal control and/or risk management systems, which poses a threat to the interests of depositors or other creditors of the bank;
(6) Systematic presentation and/or publication of inappropriate information or reporting to hide the real financial status of the bank, including related transactions with the bank of persons. "
5. Part Other Article 17 of the Law of Ukraine "On the Executive Failure" (Verkhovna Rada of Ukraine, 2011, No. 19-20, pp. 142; 2014, No. 12, st. 1708, pp. 50-51. 2057) complement paragraph 11 of this content:
"11) the decision of the National Bank of Ukraine on application to the bank, branches of a foreign bank of the event of influence in the form of a fine."
6. Fifth part Article 52 of the Law of Ukraine "On the System of Guarantees of the Contributions of Persons" (2012), No. 50, pp. 564) to read:
" 5. The Fund or authorized person of the Fund in case the estimated cost of the bank liquidation of a bank approved by the Fund is less than the requirements of creditors that are included in the register of the accredited creditor requirements, addresses the person concerned, actions or Which led to the task of the bank on its fault of harm, and related to the bank of the person, which, as a result of such actions or inactivity, directly or indirectly received a major benefit, with the requirement for damages to the bank.
In the event of obtaining a Fund of refusal to meet such requirements or not comply with the requirements in the lines established by the Foundation, the Fund addresses such requirements to the court. "
II. Final and Transitional Provisions
1. This Act will take effect from the day, the following day by the day of its publication.
2. A person (uniformly or in conjunction with other persons), which, as a result of the requirements of this Act, is recognized by the owner of substantial participation in the bank, obligations:
For one month on the same day, the Act will report to this bank;
for three months on the effective date of the Act to apply to the National Bank of Ukraine documents defined by the Article 34 "Bank and Banking Act".
The violation of this requirement of this Act endearred measures of influence, stipulated by the Article 73 "Bank and Banking Act".
3. Banks within two months of the day of the Act are obliged to submit to the National Bank of Ukraine an updated structure of their property, covered with the requirements of this Act, as of the date of the Act.
4. Banks in established by the National Bank of Ukraine of the line are required to apply to the National Bank of Ukraine:
information concerning bank-related persons according to the requirements Article 52 Law of Ukraine "On Banks and Banking";
Reports on the volumes of active transactions involving the bank by persons according to the definition of the National Bank of Ukraine in form;
Calculation of the regulation of credit risk under the transactions related to the bank of persons according to the requirements of the National Bank of Ukraine.
5. Banks, in which the value of credit risk regulations under the bank-related transactions is above the National Bank of Ukraine relevant regulatory values, are required to submit plans for the recipient to match them. Requirements of the National Bank of Ukraine during the designated National Bank of Ukraine.
6. In case of violation by the bank two and more of the terms of the plan identified in paragraph 5 of this section, the National Bank of Ukraine will decide on the bank's removal to the non-payment category.
7. Recommend to the National Bank of Ukraine in the monthly row from the day of entry into force of this Act to bring its legal and legal acts into compliance with the Act.
