Wednesday, June 3, 2015

The National Bank of Ukraine tightened the requirements for the transparency of the bank ownership structure


It approved new requirements to disclosing the bank ownership structure which provide for the disclosure of information in respect of virtually every individual. So, the bank ownership structure will be deemed transparent, if it is possible to identify:
all owners of qualifying holding in the bank;
all key shareholders of the bank and all key shareholders of all legal entities in the chain of ownership of the bank’s equity rights;
and the nature of relationships between such entities.

Trust relationships arising from ownership of the bank’s shares are additionally regulated. The National Bank will recognize the bank ownership structure as non-transparent, if shares of the bank either directly or indirectly held by a so called "discretionary trust".

The National Bank also settled the situation concerning dissipation of the property at the bank between different individuals, if neither is the owner of qualifying holding.

Banks are given two weeks to submit their updated ownership structures to the National Bank.


From now on a bank with a non-transparent ownership structure will not be able to get a general license for foreign exchange operations, refinancing loan; participate in a liquidity-providing tender and will even be deemed a problem bank. Relevant amendments to the regulations of the National Bank of Ukraine are approved by NBU Board Resolution No. 332 On Amendments to Some Regulations of the National Bank of Ukraine dated 21 May 2015.

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