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Consultant # 1377
Consultant # 1377
Lawyer
Ukraine / Kyiv

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Publication date: 08.07.2024

Legal regulation of credit unions
 

Credit unions are important financial institutions that contribute to the financial stability and social development of citizens. They provide access to loans and financial services to their members on favorable terms. In this article, we will consider the main aspects of the legal regulation of credit unions in Ukraine that ensure their functioning and development.
 

Main legal acts
 

The legal regulation of credit unions in Ukraine is carried out through several key legal acts:
 

  1. TheLaw of Ukraine "On Credit Unions " is the main law governing the establishment, operation and liquidation of credit unions, as well as the rights and obligations of their members.
     
  2. TheLaw of Ukraine "On Financial Services and State Regulation of Financial Services Markets " defines the general principles of state regulation of financial services, including the activities of credit unions.
     
  3. Civil Code of Ukraine - contains general provisions on contractual relations, including loan agreements.
     
  4. TheLaw of Ukraine "On Protection of Consumer Rights " - regulates the protection of the rights of credit union members as consumers of financial services.
     

Establishment and operation of credit unions
 

Establishment of a credit union
 

A credit union is established at the initiative of its founders, who must be individuals who are citizens of Ukraine. The minimum number of founders of a credit union is 50 persons. To establish a credit union, it is necessary to:
 

  1. Hold a constituent meeting of the founders, which approves the charter of the credit union.
     
  2. Register a credit union with the relevant state body that supervises the financial services market (the National Bank of Ukraine).
     
  3. Obtain a license to operate a credit union.
     

Organizational structure of a credit union
 

The organizational structure of a credit union includes the following main bodies:
 

  1. General meeting of members - the supreme governing body of the credit union, which makes decisions on the main issues of activity, including approval of the charter, election of members of the board and the audit committee.
     
  2. ManagementBoard - an executive body that carries out the day-to-day management of the credit union.
     
  3. Theaudit committee is a supervisory body that oversees the financial and economic activities of the credit union.
     

Activities of credit unions
 

The main activities of credit unions are:
 

  1. Lending - credit unions provide their members with loans for various purposes, including consumer, mortgage, educational and other loans.
     
  2. Attracting contributions (deposits) - credit union members can place their funds on deposit accounts, earning interest income.
     
  3. Financial counseling - credit unions provide their members with financial advice, helping them to effectively manage their finances.
     

Government regulation and supervision
 

State regulation and supervision of credit unions in Ukraine is carried out by the National Bank of Ukraine. The main functions of the regulator include:
 

  1. Issuance of licenses - granting permits for credit unions to operate.
     
  2. Supervisionand control - supervision of credit unions' compliance with laws and regulations, including conducting inspections.
     
  3. Consumer protection - ensuring that the rights of credit union members as consumers of financial services are respected.
     

Protection of the rights of credit union members
 

Protecting the rights of credit union members is an important aspect of their activities. Ukrainian legislation provides for the following protection mechanisms:
 

  1. Disclosure ofinformation - credit unions are required to disclose to their members information about their financial condition, terms and conditions of loans and deposits.
     
  2. Contractual relations - all relations between a credit union and its members are governed by contracts that protect the rights and interests of both parties.
     
  3. Complaints and Disputes - Credit union members have the right to file complaints with the credit union, the regulator or the court to protect their rights.
     

Internal audit and control
 

Credit unions are required to conduct internal audit and control of their activities. This includes:
 

  1. Internal audit - inspection of the financial and business activities of the credit union in order to identify and eliminate violations.
     
  2. Audit committee - regularly monitors the financial and business activities of the credit union and reports to the general meeting of members.
     

Financial stability and risk management
 

Credit unions must ensure their financial stability and carry out effective risk management. The main measures include:
 

  1. Capitalization - credit unions must have a sufficient level of capital to cover risks and ensure financial stability.
     
  2. Risk insurance - credit unions can enter into insurance contracts to protect against possible financial losses.
     
  3. Diversification - the distribution of assets and liabilities to reduce risks.
     

Challenges and prospects
 

Credit unions in Ukraine face a number of challenges, including
 

  1. Regulatory requirements - Strict regulatory requirements may limit the activities of credit unions.
     
  2. Competition from banks - credit unions compete with banks for customers and financial resources.
     
  3. Economic instability - economic crises can negatively affect the financial stability of credit unions.
     

Nevertheless, credit unions have significant potential for development, in particular due to:
 

  1. Growing popularity among the population - more and more citizens are turning to credit unions for financial services.
     
  2. Innovative technologies - the introduction of the latest technologies can increase the efficiency of credit unions.
     
  3. Governmentsupport - government support programs can contribute to the development of credit unions and their financial stability.
     

Conclusions.
 

Legal regulation of credit unions in Ukraine is an important tool for ensuring their stable and efficient operation. Ukrainian legislation provides for the creation of favorable conditions for the development of credit unions, ensuring their financial stability and protecting the rights of members. However, for the further development of credit unions, it is necessary to constantly improve the regulatory framework, introduce the latest technologies and provide state support.
 

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