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ARTICLE · 29 MAY 2015

NBU To Impose Sanctions On The Banks Lacking Transparent Ownership Structure

The bank ownership structure shall be deemed non-transparent if it is based on trust ownership preventing identification of all the owners of substantial interest in the bank.

UkraineFinance and Banking

By its Resolutions Nos. 328 ("Resolution No. 328") and 332 ("Resolution No. 332"), both dated 21 May 2015, effective as of 23 May 2015, the National Bank of Ukraine (the "NBU") introduced the criteria of transparency of bank ownership structure, the obligations of the bank and its shareholders to disclose the relevant details and sanctions to be imposed on the bank for the failure to comply with the aforementioned requirements of the NBU.

According to Resolution No. 328, bank ownership structure shall be deemed transparent if all the following criteria are met:

  • Information on bank ownership structure allows to identify: all persons having direct or indirect substantial interest (as defined in the Law of Ukraine "On banks and banking activity") in the bank or capable of exercising substantial or decisive influence on bank management or operation; all the key participants (ibid.) in the bank and all the key participants in the legal entities comprising bank's

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