Approval of Rules for Handling Public Lists of Independent and Tied Credit Intermediaries

BOARD OF THE BANK OF LITHUANIA
RESOLUTION

ON THE APPROVAL OF THE RULES FOR HANDLING THE PUBLIC LIST OF INDEPENDENT CREDIT INTERMEDIARIES AND THE PUBLIC LIST OF TIED CREDIT INTERMEDIARIES OPERATING ON BEHALF OF MORE THAN ONE CREDITOR

13 December 2016 No 03-183
Vilnius

Acting in accordance with Article 42(3)(1) of the Republic of Lithuania Law on the Bank of Lithuania and Article 28(11) of the Republic of Lithuania Law on the Real Estate Related Credit, the Board of the Bank of Lithuania has r e s o l v e d:

1. To approve the Rules for Handling the Public List of Independent Credit Intermediaries and the Public List of Tied Credit Intermediaries Operating on Behalf of More than One Creditor (attached).
2. To establish that this Resolution shall enter into force on 1 July 2017.

CHAIRMAN OF THE BOARD VITAS VASILIAUSKAS

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APPROVED by Resolution No 03-183 of the Board of the Bank of Lithuania of 13 December 2016

RULES FOR HANDLING THE PUBLIC LIST OF INDEPENDENT CREDIT INTERMEDIARIES AND THE PUBLIC LIST OF TIED CREDIT INTERMEDIARIES OPERATING ON BEHALF OF MORE THAN ONE CREDITOR

CHAPTER I
GENERAL PROVISIONS

1. The Rules for Handling the Public List of Independent Credit Intermediaries and the Public List of Tied Credit Intermediaries Operating on Behalf of More than One Creditor (hereinafter – the Rules) define the procedure for including independent credit intermediaries and tied credit intermediaries operating on behalf of more than one creditor in the public lists, the data contained in the public lists, and the requirements for the handling and publication of these lists.
   2. The requirements specified in the Rules shall apply to independent credit intermediaries and tied credit intermediaries operating on behalf of more than one creditor that operate in accordance with the Republic of Lithuania Law on Real Estate Related Credit (hereinafter – the Law).
   3. The terms used in the Rules shall be understood as they are defined in the Law.
   4. Documents submitted to the Bank of Lithuania and actions carried out by the Bank of Lithuania in accordance with the Rules shall be subject to the requirements of the General Regulations on the Submission and Examination of Applications for Authorisation of Financial Market Participants Supervised by the Bank of Lithuania and on the Granting of Authorisation approved by Resolution No 58 of the Board of the Bank of Lithuania of 6 May 2004 on the approval of the general regulations on the submission and examination of applications for authorisation of financial market participants supervised by the Bank of Lithuania and on the granting of authorisation.

CHAPTER II
INCLUSION OF PERSONS IN THE PUBLIC LIST OF INDEPENDENT CREDIT INTERMEDIARIES AND IN THE PUBLIC LIST OF TIED CREDIT INTERMEDIARIES OPERATING ON BEHALF OF MORE THAN ONE CREDITOR

5. A person shall be included in the public list of independent credit intermediaries and in the public list of tied credit intermediaries operating on behalf of more than one creditor provided that the person meets the requirements established by the Law and legal acts of the Bank of Lithuania and when the Bank of Lithuania takes the decision to include the person in the public list of independent credit intermediaries or the public list of tied credit intermediaries operating on behalf of more than one creditor specified in the application.
   6. In order to be included in the public list of independent credit intermediaries or in the public list of tied credit intermediaries operating on behalf of more than one creditor, the person shall furnish the Bank of Lithuania with the documents and information indicated in Article 28(3) of the Law and information on the public register where the data on the legal person is stored.
   7.
   AMENDED by:
   Resolution No 03-228 of 20/11/2018 (with effect from 23/11/2018) (RLA, 2018, No 2018-18828)

Information on managers shall be provided in accordance with the Guidelines for the Assessment of Members of the Management Body and Key Function Holders of Financial Market Participants Supervised by the Bank of Lithuania approved by Resolution No 03-181 of the Board of the Bank of Lithuania of 14 November 2013 on the approval of the guidelines for the assessment of members of the management body and key function holders of financial market participants supervised by the Bank of Lithuania.

INFOLEX NOTE: Resolution No 03-228 of 20 November 2018 (RLA, 2018, No 2018-18828) stipulates that pending applications that were received at the Bank of Lithuania prior to the entry into force of Resolution No 03-228 and are to be examined in observance of the provisions of the legal acts amended by Resolution No 03-228 shall be closed in accordance with the provisions of the legal acts in force at the time of the submission of the application.

8. The Bank of Lithuania shall inform the applicant in writing of its decision to include or refuse to include the person in the public list of independent credit intermediaries or in the public list of tied credit intermediaries operating on behalf of more than one creditor within five working days of the day of taking the decision.

CHAPTER III
DATA IN THE PUBLIC LIST OF INDEPENDENT CREDIT INTERMEDIARIES AND OF THE PUBLIC LIST OF TIED CREDIT INTERMEDIARIES OPERATING ON BEHALF OF MORE THAN ONE CREDITOR

9. The following data shall be specified in the public list of independent credit intermediaries:
   9.1. name and surname if the credit intermediary is a natural person, or name, registered office address, and code of legal person if the credit intermediary is a legal person;
   9.2. contact details of the credit intermediary (phone, email, website address).
   10. The following data shall be specified in the public list of tied credit intermediaries operating on behalf of more than one creditor:
   10.1. name and surname if the credit intermediary is a natural person, or name, registered office address, and code of legal person if the credit intermediary is a legal person;
   10.2. contact details of the credit intermediary (phone, email, website address);
   10.3. data of creditors on whose behalf the credit intermediary operates: name, registered office address, and code of legal person.

CHAPTER IV
FINAL PROVISIONS

11. The public list of independent credit intermediaries and the public list of tied credit intermediaries operating on behalf of more than one creditor shall be published on the Bank of Lithuania website.

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