Subject to certain exceptions, financial services may generally only be rendered by a financial institution that has obtained the relevant license from either the NBU or the NSSMC, as applicable.
Currently, the list of financial services includes the following types of services:
A commercial bank carries out its banking activities pursuant to a banking license issued by the NBU. A banking license allows a bank to attract funds (deposits) from legal entities and individuals; open, maintain and carry out transactions with current accounts of clients and correspondent banks; and place attracted funds in its own name, on its own terms, and at its own risk. Only a duly licensed commercial bank may carry out all of the foregoing, except for certain banking operations that may be carried out by the Central Securities Depository based on the license of the NBU. A duly licensed commercial bank may also render financial services to its clients (save for other commercial banks), including through its commercial agents, based on agency agreements. The list of such services is set out by the NBU.
In addition, a duly licensed commercial bank may also carry out the following activities:
A duly licensed commercial bank may also render banking and other financial services in foreign currencies, which constitute foreign currency operations, based on its banking license issued by the NBU.
Pursuant to the applicable Ukrainian legislation, the NBU issues licenses for the following:
Status of cryptoassets and cryptocurrencies
On 6 December 2019, Verkhovna Rada of Ukraine partially implemented the 5th EU AML Directive and the respective FATF guidance and introduced a "virtual asset" concept. Moreover, it extended the list of obliged entities engaged in the following activities:
In addition, on 2 December 2020, Verkhovna Rada of Ukraine adopted in the first reading the draft law on virtual assets. It was signed by the President of Ukraine on 17 February 2022, but has not entered into force. Among other things, it sets out: (i) the legal status of the virtual assets; (ii) their issuance rules; (iii) the relevant regulator and scope of its powers; and (iv) the liability for a breach of conduct of business rules.