On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding The Liability Associated With The Bank People

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо відповідальності пов'язаних із банком осіб

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/218-19

The LAW of UKRAINE on amendments to certain legislative acts of Ukraine regarding the liability associated with the Bank (Supreme Council (BD), 2015, no. 17, art. 122), the Verkhovna Rada of Ukraine decides: I. Make changes to the following acts: 1. in article 166-5 of the code of administrative offences (Supreme Council of USSR, 1984, Supplement to no. 51, item 1122): 1) in part 1 : a) in the paragraph first the words "heads of banks" to replace the words "related to bank entities", and the words "legal acts of the National Bank of Ukraine or"-the words "normative-legal acts of the National Bank of Ukraine, including submitting false (incomplete) reporting, in particular on the quality of assets, operations linked with the Bank, essence, or";

b) in the words "the second paragraph a hundred to a thousand" replace the words "two thousand to five thousand";

2) after part one to complement the new part of the following content: "actions provided for by part one of this article, if they have led to the inclusion of the Bank to the category of problem-entails the imposition of a fine of five thousand to ten thousand tax-free allowances from citizens."

In this regard, part of the second-fourth considered in accordance with sections of the third-fifth;

3) in the second paragraph of part three of the words "one hundred to five hundred" replace the words "three thousand to four thousand";

4) Note to supplement paragraph second this "term" is associated with the person "is used in the sense defined by the law of Ukraine" on banks and banking ".

2. The Criminal Code of Ukraine (the Supreme Council of Ukraine, 2001, # 25-26, art. 131) supplemented by article 218-1 the following contents: "article 218-1. Proof of bank insolvency 1. Proof of bank insolvency, that is deliberate, with selfish motives, other personal interests or in the interest of third parties the Commission related with the Bank face any action that led to the inclusion of the Bank to the category of insolvent if it caused major material damage to the State or the lender, shall be punishable by restriction of liberty for a term from one to five years or imprisonment for the same period, with the imposition of a fine of five thousand to ten thousand tax-free allowances from citizens and the deprivation of rights to occupy certain posts or engage in certain activities for up to three years.

Note. 1. In this article the material I wish is considered large if it is ten thousand or more times greater than the taxable minimum incomes.

2. The term "associated with the person" is used in the sense defined by the law of Ukraine "on banks and banking".

3. the third part of article 216 of the criminal procedure code of Ukraine (Verkhovna Rada of Ukraine, 2013, no. 9-13, 88) after the digits "216" add numbers "218-1".

4. The law of Ukraine "on banks and banking" (Supreme Council of Ukraine, 2001, no. 5-6, 30 with the following changes): 1) in article 2: a), the terms "Bank Group" and "ownership" to lay out in the following wording: "banking group-a group of legal entities which have in common a controller consisting of the parent bank, its Ukrainian (Ukrainian) and/or foreign (foreign) subsidiaries (subsidiary) and/or associate (associated) companies (company) who (which) is financial (financial) institutions (institution), or that is composed of the Executive of the Bank, which is a controller, its Ukrainian (Ukrainian) and/or foreign (foreign) subsidiaries (subsidiary) and/or associate (associated) companies (company), who (which) is financial (financial) institutions (institution), or which have in common a controller consisting of two or more of the Ukrainian financial institutions, their domestic and/or foreign subsidiaries and/or associated companies that are financial institutions and banking activity is overwhelming, or that is composed of the nebankìvs′koï financial institution, which is a controller, its Ukrainian (Ukrainian) and/or foreign (foreign) subsidiaries (subsidiary) and/or associate (associated) companies (company), who (which) is financial (financial) institutions (institution), and in which the banking activity is overwhelming.

Bank holding company and the company for the provision of support services, which has to do with the controller of the banking group, are part of a banking group.

The vast activity in the group are banking, if the cumulative value of seredn′oarifmetične assets of banks (Bank)-participants (participant) banking group for the last four reporting quarters is 50 percent or more of total size of seredn′oarifmetičnih values of the assets of all financial institutions that are included in this group, for this period. Calculation of prevailing activity of the banking group is carried out annually as of January 1.

After the Group was banking on the basis of overwhelming activity and share the aggregated assets of banks (the Bank) in the total amount of assets of financial institutions that make up this group, and is decreased from 40 to 50 percent, the Group continues to be considered a Bank for three years from the date of such reduction;

"the ownership structure of the legal person system of relations of legal and physical persons, which allows you to specify: 1) all key participants (including public companies) and the supervisors of such legal entity;

2) all key participants in each legal entity that exists in the chain of possession corporate rights of such legal entity;


3) all persons who have directly and/or indirectly substantial part in such legal entity;

4) relationship of control regarding this legal entity between all persons listed in paragraphs 1-3 of this definition;

b) definition of "substantial part" of the sentence, add the following text: "the person is recognized as the owner of a substantial indirect participation regardless of whether such person carries out the control of the owner's direct involvement in the legal person or the control of any other person in the chain of possession corporate rights of such legal entity";

in terms of definition) supplemented the following contents (in alphabetical order): "a key member of a legal entity is any natural person who owns the corporate rights of such legal entity, the legal entity that owns two or more percent of the corporate rights of such legal entity, and thus: 1) if the entity has more than 20 participants-individuals, key participants considered 20 participants-individuals, share which is the largest;

2) if the same size packages of corporate rights of a legal entity owned more than 20 participants-individuals, key participants are considered to all natural persons who own two or more percent of the corporate rights of such legal entity;

3) considered that the public company has klûčovix participants ";

"the chain of possession corporate rights of a legal person-information about the composition of the klûčovix members of the legal entity that includes information on the klûčovix of the participants of the first and each subsequent level of corporate rights of a legal person;

"public company-foreign legal person, established in the form of a public joint stock company, shares which are included in the stock lists (passed listing procedure) exchanges that meet the criteria defined by the National Bank of Ukraine";

"the level of possession corporate rights of a legal entity-relationship regarding possession corporate rights of a legal entity between the entity and its members. If all members of a legal person are individuals, such a legal person have only one level of corporate rights;

"member of a legal person-a person who has the corporate rights of the legal person;

2) of the third paragraph of article 17 8-1 Add the following contents: 8-1), the information in the form established by the National Bank of Ukraine and the related bank entities that match the criteria, as part one of article 52 of this law;

3) of the sixth article 32 after the words "to form" add the word "authorized";

4) in article 39: and) part of the second word "to be employees of the Bank to replace the words" engage in other posts in the Bank under the terms of the employment contract;

b) part of the fifth supplement paragraph 28-1 this content: "28-1) approving transactions with related parties the Bank";

5) of the sixth article 42 of the words "in addition to subsidiaries" substitute "(other than subsidiaries, Bank unions and associations);

6) part of the second article 44 Add the words "in accordance with the requirements established by the National Bank of Ukraine";

7) in article 49: a) the first sentence of part four add the words "the shares of other banks and providing subordinated debt banks";

b) after part four add a new part of the following content: "the banks are prohibited from indirectly carry out credit operations with related parties with the Bank".

In this regard, part of the fifth-ninth count in accordance with parts of sixth-10th;

8) article 52 lay in the following wording: "article 52. Associated with the person for the purposes of this Act related to bank entities are: 1) the controllers of the Bank;

2) individuals who have substantial involvement in the Bank, and through which these persons exercising indirect ownership of substantial participation in the Bank;

3) executives of the Bank, the head of internal audit, the leaders and members of committees of the Bank;

4) related, and affiliates of the Bank, including members of the banking group;

5) persons who have a substantial participation in related and affiliated entities of the Bank;

6) heads of legal entities and managers of banks, which are closely related and affiliated persons of the Bank, the head of internal audit, the leaders and members of the committees of these persons;

7) associated persons natural persons specified in clauses 1-6 of this part;

8) legal persons in which the individuals specified in this part are leaders or owners of substantial participation;

9) any person that is carried out in the interests of the persons referred to in this part, and carried out by the impact during the transaction the person specified in this part, through labor, civil and other relationships.

The Bank shall submit the National Bank of Ukraine information associated with the Bank in the manner prescribed by regulations of the National Bank of Ukraine.

National Bank of Ukraine in carrying out banking supervision has the right to determine the associated with the persons of individuals and entities referred to in points 1 to 9 of this article, if you have the signs set out in legal acts of the National Bank of Ukraine, taking into account the nature of the relationship, and the presence of other ties with the Bank. About the National Bank of Ukraine decision not later than next business day reported by the relevant Bank. In this case, the person is considered to be connected with the Bank if the Bank within 15 working days from the day of receiving the notification of the National Bank of Ukraine on the definition of the persons connected with the Bank proves the opposite.


A person is defined by the decision of the National Bank of Ukraine connected with the person, or so the Bank can appeal in the duly decision of the National Bank of Ukraine on the definition of the persons connected with the person, and in the case of prosecution of such person to the statutory liability-stand base of the decision of the National Bank of Ukraine on its definition of the Bank.

The agreement made with the associated with the Bank, may not include terms that are not the current market conditions.

The agreement, concluded by the Bank with the bank related parties on terms that are not current market conditions shall be null and void from the moment of their conclusion.

Current market conditions are not considered, in particular: 1) making a smaller enforcement obligations than required from other clients;

2) acquisition related to the Bank of the person property of low quality or high price;

3) for investments in securities related to the Bank in person the Bank made in another enterprise;

4) payment for goods and services related to Bank at prices higher than usual, or under such circumstances when the same goods and services of another person altogether would not be purchased;

5) associated with the sale of the Bank to face property value that is lower than that the Bank would from the sale of such property to another person;

6) interest and commissions for the services provided by the Bank relative to the Bank to persons that are less than usual;

7) accrual of interest on deposits (deposits), involved the Bank of bank-related entities that are larger than normal.

The Bank is prohibited from providing loans to any person to that person any obligations connected with the person; the acquisition of the assets related to the Bank in person, with the exception of products produced by that person; securities, or signed in association with the Bank.

The National Bank oversees the operations of banks with associated with the Bank.

National Bank of Ukraine has the right to set limits on the operations of the banks of the related bank entities ";

9) part of the fifth and sixth article 58 lay in the following wording: "Associated with a person for violation of the requirements of the legislation, including regulations of the National Bank of Ukraine, the implementation of risky operations that threaten the interests of the depositors or other creditors of the Bank, or bring the Bank to insolvency shall be civil, administrative and criminal responsibility.

Associated with the Bank, the person whose acts or omissions have caused to the task of the Bank damage from her fault, responsible for its property. If as a result of actions or omissions of the Bank the Bank of the person harmed, and the other is associated with the person as a result of such action or omission directly or indirectly received the property benefit, such persons are jointly liable for the damage caused to the Bank;

10) part of the fourth article 61 lay in the following wording: "public authorities, legal entities and natural persons, who in the performance of its functions, defined by law, or the provision of services of the Bank directly or indirectly received duly information which contains banking secrecy are required to safeguard such information not to disclose this information and do not use it to your advantage or benefit of any third party;

11) Article 62 of the ninth after add two new sections of the following content: "the National Bank of Ukraine has the right to disclose information about the Bank or bank-related persons that is collected during the conduct of banking supervision and banking secrecy, the bodies of State power, authorized to carry out the pre-trial investigation in the case of violation of legislation that incorporates the features of criminal offences.

The National Bank of Ukraine has the right to give the bodies of State Executive service for the enforcement of its decision on the application to the Bank, a branch of a foreign bank West of the impact in the form of the imposition of a fine in accordance with this law is the Executive documents and contain information that is banking secrecy. In this case, the bodies of State Executive service have the right to disclose the received from the National Bank of Ukraine information containing bank secrecy, enforcement proceedings, and persons who are attracted to the holding of executive actions. "

In connection with this part of tenth-lucky thirteenth count in accordance with parts of the twelfth-to fifteenth;

12) in part 1 of article 73: Supplement 7) the words "including transactions with related parties the Bank";

b) in point 9 of the second paragraph: the words "up to a hundred" replace the words "five thousand";

the sixth paragraph after the word "percent" add the words "par value";

13) paragraph 5 of article 75 substitute two items the following contents: 5) the Bank does not have effective and adequate internal control systems and/or risk management, which creates a threat to the interests of depositors or other creditors of the Bank;

6) systematic presentation and/or disclosure of false information or statements with the aim of hiding the real financial situation of the Bank, including transactions with related parties the Bank. "

5. the second part of article 17 of the law of Ukraine "on enforcement proceedings" (Supreme Council of Ukraine, 2011 # 19-20, c. 142; 2014, no. 12, 178, # 50-51, 2057) supplemented by paragraph 11 of the following contents:


"11) the decision of the National Bank of Ukraine on the application to the Bank, a branch of a foreign bank West of the impact in the form of penalty".

6. Part of the fifth article 52 of law of Ukraine "on guaranteeing deposits of individuals" (Supreme Council of Ukraine, 2012, no. 50, 564) to the following: "5. the Fund or the authorized person, if the estimated cost of the liquidation of the Bank, approved the Fund, is less than the requirements of lenders, which are included in the register of akceptovanih creditors, drawn to the associated with the person action or omission which led to a job bank with her fault, and associated with a person who as a result of such action or omission directly or indirectly received the property benefit, with a demand for damages caused by the Bank.

In the case of Foundation failure in satisfying such requirements or fails to meet the requirements within the time limit set by the Foundation, the Foundation is drawn from the following requirements of the Court. "

II. Final and transitional provisions 1. This Act shall take effect from the day following the day of its publication.

2. Person (individually or jointly with others) that as a result of the application of the requirements of this law is recognized as the owner of a substantial participation in the Bank is obliged to: within one month from the date of enactment of this Act inform the Bank;

within three months from the date of enactment of this Act apply to the National Bank of Ukraine, the documents specified in article 34 of the law "on banks and banking activities".

Violation of this requirement of the Act entail measures of influence, provided by article 73 of law of Ukraine "on banks and banking activities".

3. Banks within two months from the date of enactment of this Act are required to submit a National Bank of Ukraine an updated structure of their ownership, revealed with regard to the requirements of this law, as of the date of enactment of this Act.

4. Banks in the National Bank of Ukraine established terms must apply to the National Bank of Ukraine: information related to bank entities in accordance with article 52 of law of Ukraine "on banks and banking activity";

reports on the volume of operations with associated with persons defined by the National Bank of Ukraine form;

the calculation of the rate of the credit risk of transactions with related parties the Bank according to the requirements of the National Bank of Ukraine.

5. Banks, in which the value of the rate of the credit risk of transactions with related parties the Bank is above the defined by the National Bank of Ukraine relevant normative values, are required to submit plans for phased them conform with the requirements of the National Bank of Ukraine for the National Bank of Ukraine defined the term.

6. In case of violation by the Bank two or more times of a plan, as defined in paragraph 5 of this section, the National Bank of Ukraine will take the decision to refer to the category of insolvent.

7. Recommend to the National Bank of Ukraine in the month of the date of enactment of this Act to bring their regulations into conformity with this Act.

The President of Ukraine p. POROSHENKO Kiev on March 2, 2015 # 218-VIII