LEGAL PROBLEMS OF ACQUISITION (INCREASE) OF QUALIFYINGHOLDINGBYTHENONRESIDENTSINTHEBANKSOFUKRAINE

In this article author analysesquestions of one of the important influences of foreign capital for the bank’s system in Ukraine - acquisition (increase) of qualifying holding by the nonresidents. Qualifying holding is direct and/or indirect ownership alone or jointly with others 10 and more percent (25, 50, 100) of the authorized (share) capital and/orvoting rights of shares, legal person shares or independent from formal ownership opportunity significant impact on the management or activities of a legal entity. Nowadays most owners of qualifying holding of nonresident in 12 banks of Ukraine originate from offshore countries (Cyprus, the Virgin Islands, the Republic of Ireland). That`s why financial system of Ukraine needs safe legal protection. There are few regulations in Ukraine: The Law of Ukraine “About financial services and state regulation of financial markets”, the Law of Ukraine “About banks and banking activity”, “Regulations for the Registration and licensing of banks, opening separate divisions” (Resolution of the Board of NBU, 09.08.2011 № 306), “Regulation on the procedure for submitting information about the ownership structure” (the same Resolution of the Board of NBU, 09.08.2011 № 306) and others. For the acquisition of qualifying holding nonresidents need to obtain a permit of National Bank of Ukraine (NBU). According to our legislation there are many requirements to the nonresidents for receiving permission of NBU. Ukrainian and foreign entities, Ukrainian and foreign individuals must collect and give to NBU many documents about: 1) financial position; 2) business reputation and 3) ownership structure (for entities). Author pays special attention to legal problems of acquisition (increase) of qualifying holding by the nonresidents in the banks of Ukraine, classifies them into 5 groups: a) those relating to state of nonresident; b) restrictions about organizational and legal form of persons; c) non-exhaustive list of situations, that NBU regards as indirect ownership of a qualifying holding; d) permission to participate in the bank of Ukraine authorized supervisory authority of the nonresident or written assurance about the absence in the legislation of the State requirements for obtaining such permit; e) formal requirements to package of relevant documents and their proper execution.