Automatically translated version. May contain inaccuracies compared to the original.
The NBU Committee on Banking Supervision and Regulation made a decision regarding Mykola Hladyshenko. It concerns the chair of the supervisory board of Sens Bank not meeting the independence requirements established by law.
What Pyshnyi announced about the situation around Sens Bank
This means that Hladyshenko cannot be a member of the supervisory board, which Andriy Pyshnyi emphasized in his Facebook post.
Moreover, the NBU also issued the bank’s shareholder a corresponding requirement – to immediately take measures to terminate Mykola Hladyshenko’s powers as a member of the supervisory board and to elect a new member of the supervisory board. The wording concerns termination of powers, not suspension from them.
As Pyshnyi explained, after the "Mindich tapes" were published in May, the National Bank initiated a review of the Sens Bank supervisory board chair’s compliance with the independence criteria established by law and opened the corresponding administrative proceeding.
Andriy Pyshnyi
Head of the NBU
Important: the materials published at that time by themselves were not sufficient grounds for making the relevant regulatory decision. The National Bank must act not on the basis of assumptions or public resonance, but on the basis of sufficient and proper facts.
According to the information, the regulator twice appealed to NABU and the SAP asking them to provide materials from the pretrial investigation that could confirm or refute circumstances relevant to assessing Hladyshenko’s independence.
Law enforcement agencies did not disclose the materials, citing restrictions related to the pretrial investigation.
The National Bank continued its own review within its supervisory powers.
During the review, Mykola Hladyshenko voluntarily stepped aside from exercising his powers.
But NABU released video materials regarding operation "Forrest Gump." The materials contain important facts and information from the pretrial investigation that relate to Sens Bank and its officials.
After receiving the new information, the Committee immediately evaluated it within the already opened administrative proceeding.
Based on its work, the Committee concluded that there are sufficient grounds to recognize the chair of Sens Bank’s supervisory board as not meeting the legal requirements for independence.
Independence of a supervisory board member has never been a formality. It means the ability to make decisions solely in the interests of the bank, without influence from a shareholder, officials, or other third parties. If there are reasonable facts indicating dependence on such influence, the person cannot be considered an independent supervisory board member,
– the head of the NBU explained.
The NBU also opened an administrative proceeding to assess the collective fitness of the bank’s supervisory board.
Pyshnyi also added that the published materials give reason to believe that Mykola Hladyshenko’s stepping aside was only formal, and in fact he continued to influence the bank’s operations.
In particular, as a result of this administrative proceeding the consequences affecting the composition of the supervisory board will be determined.
It is emphasized that the National Bank will examine all newly discovered facts and cooperate with law enforcement agencies. At the same time, work on other decisions is ongoing.
Recall that 20 August NABU conducted searches at the Sens Bank supervisory board’s office, including at Mykola Hladyshenko’s premises. Sens Bank reported that it is cooperating with the authorized bodies.
In the evening of 20 August, the government decided to suspend the chair of the supervisory board of the state-owned Sens Bank, as well as the bank’s executive board chair.
Document: PDF proof of the original version of the news item ""Йдеться саме про припинення": Пишний закликав звільнити голову наглядової ради "Сенс Банку"". It records the publication content at the moment of the first scan, the preservation date and the source: Channel 24.