On September 1, the NBU resolution of December 25, 2014 No. 859 “On the activities of banks” was adopted, which establishes a special regime for regulating the activities of banks for the period from September 1, 2015 Roku until 01 Sep 2019 Roku.
The document was submitted to banks that violate the low regulatory standards through the negative economic consequences of the occupation of Crimea, resulting in the devaluation of the hryvnia in the Donbass (which led to an increase in their problematic assets portfolios, revaluation of currency positions, etc.), unless the NBU's regulations are adjusted to certain operations, which come in flux, transferred by official legislation, will not stagnate.
By this resolution, the NBU actually agreed on the basic principles of control over the banking system, the implementation of which can ensure the stable work of market participants.
In this manner, the regulator recognized that
— most banks are not able to use their power to remove all the economic negativity with which Ukraine was shut down in 2014 and may still be shut down in 2015 (both through the Kremlin’s military aggression and and the accumulation of a critical mass of economic problems in the past);
- shareholders of banks and the state do not support them in the necessary world (overhead, from the point of view of additional capitalization; although - to that which is not possible, although - to that which the world does not want risk taking into account the likelihood of a further deterioration in the financial situation in Ukraine).
The theory is that through the current total violation of standards by banks, an alternative to the forced release of their regulators from the “free swimming” would be to introduce timely administrations to, say, a good hundred banks from them immediate liquidation. How to return pennies to depositors (with a view to sharing the resource of the Deposit Guarantee Fund), ensure the normal circulation of penny flows in the banking system, then - rhetorical nutrition. Actually no way.
The complete resolution No. 859 does not provide a solution to the need to stabilize the banking sector. What is fixed de jure is inevitably de facto. And put three dots - so that, perhaps, in the future, with a bunch of minor sores, you will be able to recover...
Since it will go wild until the resolution is reached, then the National Bank is ready not to stagnate until the banks come flooding in
— for violation of economic standards of the minimum size of regulatory capital (N1), sufficiency (adequacy) of regulatory capital (N2), the relationship of regulatory capital to total assets (N3), the ratio of regulatory capital to debt (N3-1), the maximum amount of credit risk per counterparty (N7), large credit risks (N8), the limit of the legal short-term foreign exchange position, which is related to revaluation of rackets in Foreign currencies and banking metals in connection with the increase in the exchange rate after 02/06/14 to the hryvnia and/or due to the formation of reserves to cover possible expenses for active transactions borhniks/counterparties, localities such as on the date of conclusion of the agreements in Crimea and/or the territory of the ATO and/or localities for 50% of the total effort of which is assigned to the territory, and/or for operations with any need 50% forces it to stay on designation of the territory (whereby the NBU emphasizes that banks are obliged to comply with the standards of credit risk of absolute insiders, standards of liquidity and investment);
— for increasing the share of negatively classified assets to the size of 10% or more of the total amount of assets, for which the risk may be assessed and the reserve formed in accordance with the regulatory legal acts of the NBU, related to revaluation of markets in foreign currency and banking metals in connection with the increase after 02/06/14 in the hryvnia exchange rate and/or active transactions;
- for the presence of surpluses in the bank that are associated with the revaluation of accounts in foreign currency and banking metals (the aggregate result of the revaluation of all monetary items to the balance sheet in foreign currency and banking metals) in connection with the growth after 02/06/14 the exchange rate to the hryvnia and/or the reasons for the formation of reserves to cover possible expenses for active operations (knowledgeable ones)
Also, the National Bank allowed banks not to change their regulatory capital by the amount of the excess of the regulatory value of the economic norm to the maximum size of the credit risk per counterparty (N7), since the transfer is also associated with the revaluation of currencies in foreign currency. banking metals in connection with the increase after 02/06/14 the exchange rate to the hryvnia and/or due to the formation of reserves to cover possible expenses for active operations (again, the same thing).
At the same time, in order to speed up weakening and regulation, banks are responsible for adjusting the offensive boundaries:
- do not issue loans without collateral, which is in accordance with the provisions of the NBU regulatory legal act for assessing risks by forming and distributing reserves for financial assets (except for loans to individuals in the amount of no more than less than 50,0 thousand UAH, including overdraft loans; overdraft loans to legal entities for credit agreements established before the date of the resolution, between the legal amount that was formed on this date for such loans; banks for up to 30 calendar lines days);
— do not carry out currency transactions on the basis of “swap”, which are concluded in lines that exceed 30 calendar days;
- do not carry out active transactions with insiders (except for state banks, their subsidiaries and enterprises, which are part of the state bank and/or their subsidiaries in the statutory capital become 100%) for a portion of new credit agreements and agreements on the issuance of financial obligations by the bank, agreements on making changes to credit agreements have increased the lines of asset acquisition and/or increased amounts loans;
— do not accept the redemption and/or pre-term redemption of Borg valuable papers of the Wet Issue, due to the fallout, if the pre-line repayment of Borg valuable papers of the Wet Issue is expected for at a cost, not more than 50% of the nominal value, and do not lead to a significant decrease in the liquidity of the jar;
— do not act on the purchase of shares of a bank account, in accordance with the provisions of the legislation of Ukraine for the obligatory bank purchase of shares of a bank account;
- do not add non-state valuable papers under your name, in addition to valuable papers, the placement of which is subject to a guarantee from the Cabinet of Ministers, given in accordance with the law on budget maintenance; valuable papers issued by the NBU; bourg securities of issuers, valuable papers of which are taken away and are in the first year of listing on one of the Ukrainian stock exchanges, between the amount of securities that was formed on the date of acquisition the importance of the regulation for the skin issue; bonds of internal municipal positions, such as municipalities for the administrative centers of regions of Ukraine and places of Kiev;
— payment of dividends to shareholders, in addition to payment of dividends on preferred shares, is prohibited;
- do not contribute to the division of capital in any form other than direct income to increase statutory capital, forming a reserve fund, covering the surplus of past fates;
— do not allow pre-line reversal of deposits for insiders;
— it is not possible to pay bonuses, bonuses and other additional material benefits to bank employees, except for payments that are part of the salary and are paid on a permanent basis;
- do not exceed the obligations of capital investments for the main purposes and intangible assets, and do not take part in banking operations, except for the unshakable mine that has passed from the authorities to the bank on the stand the implementation of the rights of the post holder is consistent with the contract of the post, and/or an indestructible lane, filled by the bank with the method of avoiding cash flows.
In this case, the National Bank has ordered banks whose activities on the date of attainment of authority by this decree have been disrupted and shortfalls, assigned more, to develop and taxes until 01 February 2015 or over the course of two years from the moment viniknennya after 01 Sichnya 2015 the fate of such destruction and shortcomings to the NBU, a detailed plan for the recovery of crops (with quarterly breakdown) shodo usunennya:
— until 01 September 2016, the collapse of the shortfalls associated with the revaluation of market shares in foreign currencies and bank metals in connection with the growth after 06 February 2014 to the rate of foreign exchange rates currencies: hryvnia;
— until 01 September 2019, the destruction and shortfalls caused by the formation of reserves to cover possible expenses for active banking operations will be destroyed.
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