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Decision of the Board of the National Bank of the Republic of Belarus

No. 175 of June 28, 2001

[Amended as of September 23, 2009]


On Approval of Instructions on Order of State Registration and Licensing

of the Activity of Banks and Non-Bank Credit and Financial Institutions



In accordance with the articles 26, 33 of the Bank Code of the Republic of Belarus the Board of the National Bank of the Republic of Belarus has decided:

1. To approve the enclosed Instructions on Order of State Registration and Licensing of the Activity of Banks and Non-bank credit and financial institutions.

2. [Excluded]

3. The legal department, department on work with the valuables and department of bank inspection shall prepare the project of changes to the Edict of the President of the Republic of Belarus No.21 of October 31, 2000 "On measures of providing the order at carrying out the transactions with the precious metals and precious stones" in the part abolishing the issue of special permits (licenses) to realization of the memorial coins of the National Bank of the Republic of Belarus manufactured from the precious metals being the means of payment of the Republic of Belarus.

4. To recognize as having no force:

Regulations on order of creation, licensing and termination of the activity of banks on the territory of the Republic of Belarus approved by the Board of the National Bank of the Republic of Belarus on May 28, 1998 (protocol No.11.3);

Decision of the Board of the National Bank of the Republic of Belarus of June 24, 1999 No.9.19 "On approving the addition 1 to the Decision on order of creation, licensing and termination of the activity of banks on the territory of the Republic of Belarus No.59 of June 15, 1998 ";

Decision of the Board of the National Bank of the Republic of Belarus of December 30, 1999 ? 29.6 "On approving the amendments and alterations to the Decision on order of creation, licensing and termination of the activity of banks on the territory of the Republic of Belarus approved by the Board of the National Bank of the Republic of Belarus on May 28, 1998 (protocol No.11.3) with alterations and amendments approved by the Decision of the Board of the National Bank of Republic of Belarus No.9.19 of June 24, 1999 ;

Decision of the Board of the National Bank of the Republic of Belarus No.17.11 of July 27, 2000 "On introducing the alterations and amendments to Decision on order of creation, licensing and termination of activity of banks of the territory of the Republic of Belarus approved by the Board of the National Bank of the Republic of Belarus of May 28, 1998";

Decision of the Board of the National Bank of the Republic of Belarus of November 8, 2000 No.30.1 "On introducing alterations to the Decision on order of creation, licensing and termination of activity of banks on the territory of the Republic of Belarus approved by the Board of the National Bank of the Republic of Belarus on May 28, 1998";

Decision of the Board of the National Bank of the Republic of Belarus of March 29, 2001 No.73 "On introducing alterations and amendments to the Decision on order of creation, licensing and termination of the activity of banks on the territory of the Republic of Belarus approved by the Board of the National Bank of the Republic of Belarus on May 28, 1998";

Regulations on guarantee fund of deposits protection of the natural persons introduced to non-bank financial organization approved by the Board of the National Bank of the Republic of Belarus on September 26, 1996;

Addition 1 to the Decision on guarantee fund of deposits protection of the natural persons introduced to non-bank financial organizations approved by the Decision of the Board of the National Bank of Republic of Belarus on April 24, 1997.




APPROVED

Decision of the Board

of the National Bank

of the Republic of Belarus

No. 175 of June 28, 2001

(in the edition of the Decision

of the Board of the National Bank

of the Republic of Belarus

No. 171 of October 31, 2006)


INSTRUCTIONS

on the state registration of banks

and non-bank credit and financial organizations

and licensing of banking activity




CHAPTER 1

GENERAL PROVISIONS


1. The Instructions about the state registration of banks and non-bank credit and financial organizations and licensing of banking activity (hereinafter – the Instructions) is developed in accordance with article 26 of the Banking Code of the Republic of Belarus and defines the order for the state registration of banks, making the separate divisions of the banks, opening representative offices of the foreign banks in the territory of the Republic Belarus, making the affiliated banks - residents, openings affiliates and representative offices of the banks-residents outside the Republic of Belarus, participation of the banks-residents in statutory funds of foreign banks, and also the order of licensing the bank activity, banks reorganization and liquidation.

2. The order established by these Instructions for banks is applied to non-bank credit and financial organizations having regard to particularities established by these Instructions.

3. The documents submitted to the National Bank of the Republic of Belarus (hereinafter - the National Bank) in accordance with these Instructions shall comply with the requirements established by the legislation of the Republic of Belarus, including to conducting the paper works.

The documents containing more than one sheet shall be stitched, numbered, clamped by printing of the seal and signed by the authorized person.

On the reverse side of the last sheet of the bank document containing more than one sheet, a record on the number of numbered and threaded sheets in the document shall be made, which is to be attested by the signature of an authorized person, or of the chairperson of the general meeting of the shareholders (owner of the property) of the bank or of its head and to be impressed with the seal of the bank.

Copies of constituent documents and of certificates of state registration of the founders – legal persons of the bank presented by the residents or in relation to them, as well as a copy of the document confirming the registration of the issue of shares with the authorized central body of state administration, which carries out state regulation of the securities market, shall be attested in the established order.

The documents submitted by non-residents or in relation to them shall be submitted in one of the state languages of the Republic of Belarus on in the original language with translation in one of the state languages of the Republic of Belarus (authenticity of the documents translation from one language to another language, authenticity of the translator signature are to be notarially certified) and/or legalized in accordance with the legislation of the country of their establishment (permanent residence) not later than one year prior to the date of sumbission of the documents.

The submission of the documents earlier submitted to the National Bank in accordance with these Instructions is not required , provided that the validity term of them has not expired, and a period of more than one year from the day of their issue (legalization, certification by a notary) has not expired on the date of submission to the National Bank of the respective application, solicitation, provided for by these Instructions. In this case the date of submission of such documents to the National Bank shall be indicated in the application or solicitation.

The documents not complying with the requirements established by this clause, and/or submitted not in a full set, are not accepted for consideration.

31. Monetary contributions being made by founders to the statutory fund of the bank being created are subject to be credited to a temporary account opened in the National Bank on in other banks, in agreement with the National Bank, by one of the founders of the bank, authorized to represent the interests of other founders, by the owner of bank property or by a person authorized by the latter in the order established by the legislation.

Monetary contributions being made by founders (property owner) of the bank and/or other persons to the statutory fund of the bank while increasing the amount of the statutory fund of the bank are subject to be credited to a temporary account opened in the National Bank on in other banks, in agreement with the National Bank.

Monetary contributions are credited to a temporary account being opened in another bank only subject to their remittance to that account via a respective correspondent account of such bank opened in the National Bank.

The National Bank and banks are entitled to pay interest on monetary funds placed with them on a temporary account.

The funds from the temporary account may be used:

for remittance to the correspondent account of the bank after the state registration of the bank or the state registration of changes and/or additions being introduced in constituent documents of the bank, connected with the increase of the amount of the statutory fund.

for return to the founders, bank for a subsequent return to the persons which have made the contribution to the statutory fund of the bank, in the case of refusal of the state registration of the banks or the state registration of changes and/or additions being introduced in constituent documents of the bank, connected with the increase of the amount of the statutory fund, or refusal by the founders (participants, the property owner) of the bank to created the bank or to increase the amount of the statutory fund of the bank.

32. On the basis of the decision about the state registration of the bank a stamp according to an established specimen shall be put on the title page of its statute, on which the signature of the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, or its deputy shall be put. One copy of the registered statute is handed over to the head of the bank or a person authorized by the latter, another copy is to be kept in the National Bank.

On the basis of the decision about the state registration of changes and/or additions being introduced in constituent documents of the bank, a stamp according to an established specimen shall be put on the title page of its statute, on which the signature of the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, or its deputy shall be put. One copy of the statute in the new wording is sent to the bank of handed over to the head of the bank or a person authorized by the latter, another copy is to be kept in the National Bank.

4. The structural division of the central apparatus of the National Bank, carrying out banking supervision, within the period not later than five working days, following making the corresponding decision, informs the interested structural divisions and organizations of the National Bank, the interested state bodies about the state registration of the bank, the state registration of changes and/or additions being introduced into the constituent documents of the bank, creation (closing) of separate divisions of the bank, introducing changes and/or additions into the list of the banking operations specified in the special permit (license) issued to the bank for realization of the banking activity (hereinafter – the license), about suspension, reinstatement and revocation of the license.

5. The terms "resident" and "non-resident" applicable in these Instructions are used in their meanings determined accordingly by clauses 7 and 8 of article 1 of the Law of the Republic of Belarus of July 22, 2003 "On Currency Regulation and Currency Control".

For the purposes of these Instructions the term ‘final beneficiary owner of the bank’ is used in the meaning determined by the Instructions on the Order of Disclosing Information by Banks and Non-bank Credit and Financial Organizations, approved by the Decision of the Board of Directors of the National Bank of the Republic of Belarus No. 6 of June 19, 2006.




CHAPTER 2

ORDER OF THE STATE REGISTRATION OF BANKS BEING CREATED


6. Prior to the submission of the documents necessary of the state registration of the bank, one of the founders of the bank or a representative authorized by him shall agree the name of the bank being created with the National Bank.

Agreeing the name of the bank being newly created (reorganized) is performed by the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, or its deputy.

7. [Excluded]

8. For the state registration of the bank the documents specified in article 80 of the Banking Code of the Republic of Belarus are to be submitted to the National Bank.

The application for state registration of the bank shall be presented in the form according to Appendix 5 [not given] to these Instructions.

The documents confirming the formation of the statutory fund of the bank in full are:

the temporary account statement;

expert report on authenticity of the property assessment of the non-monetary contribution in to the statutory fund;

documents confirming that the founder has a real right to the property being contributed in a non-monetary form to the statutory fund of the bank (e.g. contract of sale, statement issued by a territorial organization on state registration of immovable property, rights thereto and transactions therewith);

statement on the book account of the reorganized bank ‘statutory fund’ and/or statement on the temporary account opened for increasing of the statutory fund in the event of the state registration of a reorganized bank.

The documents, confirming the availability of the technical capacities for realization of the corresponding banking operations, are determined in accordance with normative legal acts of the National Bank specifying the order for realization of the banking operations and are submitted by the founders in the event of solicitation for obtaining the right for realization of such operations within the framework of the license.

The documents, confirming made contributions into the statutory fund of the bank are:

copies of the payment documents confirming contribution of monetary funds into the statutory fund, - for each investor;

the extract from the minutes of the constituent meeting (the decision of the property owner) about approving the assessment of the non-monetary contribution to the statutory fund;

the expert's conclusion about authenticity of the assessment of the non-monetary contribution to statutory fund;

The statute of the bank is submitted in two exemplars along with its electronic copy (RTF file).

The list of the founders with indication of the amount of their contributions, the quantity, category and nominal value of the shares, subject to be distributed them, the parts of such shares in the total volume of the statutory fund of the bank is submitted on a paper carrier, and also in the electronic form per the form according to appendix 2 to these Instructions.The list of founders in an electronic form is presented as a text file on an electronic carrier or via a documentary information portal of the National Bank in the global computer network Internet http://wallhall.nbrb.by.

For the state registration of a bank created in the form of an joint-stock company, along with the notarially certified copy of the contract on creation of the joint-stock company, its electronic copy (RTF file) shall be presented.

9. For state registration of the non-bank credit and financial organization, its founders submit into the National Bank the documents, provided by the first part of article 80 of the Banking Code of the Republic of Belarus, having regard to dispositions of the clause 8 of these Instructions. For the state registration of the non-bank credit and financial organization in the form of the joint-stock company the documents, provided by the second part of article 80 of the Banking Code of the Republic of Belarus are submitted into the National Bank in addition.

The constituent documents of the non-bank credit and financial organization are submitted in two exemplars.

10. When accepting the documents for the state registration of the bank, the employee of the National Bank enters into the journal for registering the data about the founders of the bank, approved in accordance with the established order, the details of identity documents (name, surname, patronymic (if available), kind of the identity document, its series (if available), the number, the issuance date, the name of the state body which issued it) of the founders or of the person authorized by them, who submitted the documents, and issues to him a written acknowledgement about reception of the document for the state registration of the bank per the form according to appendix 3 of these Instructions.

The written acknowledgement about reception by the National Banks of the document submitted for the state registration of the bank, is not the acknowledgement of their correspondence to the legislation of the Republic of Belarus.

11. The decision on refusal of the state registration of the bank is taken on the basis provided by article 82 of the Banking Code of the Republic of Belarus.

12. The decision about the state registration of the bank or about refusal of its state registration is taken by the Board of the National Bank.

The Board of the National Bank is entitled to delegate the right of the decision making about refusal of the state registration to the vice-chairman of the Board.

13. [Excluded]

14. Within 10 working days from the day of taking decision on the state registration of the bank, the National Bank shall issue to founders (property owner) of the bank or to a person authorized by him/them the certificate of the state registration of the bank, and also other documents specified by the Banking Code of the Republic of Belarus.

15. [Excluded]

16. The information on the state registration of the bank is published by the National Bank in the republican printing mass media being the official edition not later than twenty days from the moment of making the respective decision.




CHAPTER 3

STATE REGISTRATION OF CHANGES AND ADDITIONS INTRODUCED INTO THE CONSTITUENT DOCUMENTS OF THE BANK


17. For the state registration of changes and/or additions introduced into the constituent documents of the bank, the bank is obliged to submit into the National Bank, within the thirty days period from the day of the corresponding decision making, the documents specified in article 84 of the Banking Code of the Republic of Belarus.

Documents confirming the increase of the statutory fund at the expense of funds of founders (property owner) of the bank, the bank and/or other persons are:

statement from the temporary account;

expert report on the authenticity of the property assessment in the event of making a contribution in a non-monetary form to the statutory fund;

documents confirming that the founder (property owner) of the bank and/or other persons have a real right to the property being contributed in a non-monetary form to the statutory fund of the bank (e.g. contract of sale, statement issued by a territorial organization on state registration of immovable property, rights thereto and transactions therewith);

other documents (e.g. statement on balance accounts of the bank reflecting the receipt of monetary funds provided for by acts of legislation of the Republic of Belarus, statements on balance accounts of the bank reflecting respective sources).

The changes and/or additions introduced into the constituent documents of the bank, as well as two copies of the constituent documents of the bank laid out in the new wording, are presented on a paper based carrier along with their electronic copies. The application for the state registration of changes and/or additions introduced into the constituent documents of the bank shall be presented in the form according Appendix 6 [not given] o these Instructions.

18. Prior to the submission of the documents necessary of the state registration of the changes and/or additions being introduced in constituent documents of the bank in the part of changing its name, the head of the bank or a representative authorized by him is obliged to agree a new name of the bank with the National Bank.

Agreeing the new name of the bank is performed by the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, or its deputy.

19. Prior to making decision about the state registration of the changes and/or additions introduced into the constituent documents of the bank and related to changing the place of the bank location (of the place of location of the permanently acting executive body of the bank), the National Bank conducts inspection of compliance of the bank new premises with the technical requirements established by the legislation of the Republic of Belarus for realization of the banking operations.

Prior to making decision about the state registration of the changes and/or additions introduced into the constituent documents of the bank and related to changing the place of the bank location (of the place of location of the permanently acting executive body of the bank), the bank is situated at its former place of location.

20. [Excluded]

21. In the events specified by parts 3 and 5 of Article 84 of the Banking Code of the Republic of Belarus, the list of participants shall be presented on a paper based carrier and in the electronic form according to Appendix 2 [not given] of these Instructions.The list of founders in an electronic form is presented as a text file via the electronic mail ProCarry to the address MAKET.NBRB or via the documentary information portal of the National Bank in the global computer network Internet http://wallhall.nbrb.by.

22. For the state registration of the changes and/or additions introduced into the constituent documents of the bank, related to changing the total number and/or categories and/or nominal value of issued shares, but not entailing changes of bank’s participants and/or the size of the statutory fund of the bank, an additional list of the bank shall be presented to the National Bank on a paper based carrier and in the electronic form according to Appendix 2 [not given] of these Instructions, for the purposes of forming the Unified State Registry of Legal Persons and Individual Entrepreneurs.

23. Only the own monetary funds of the participant (the property owners) of the bank, other persons and/or of the bank, including the non-distributed profit, confirmed by an auditing organization (auditor carrying out activity as an individual entrepreneur), per the past years and funds, created at the expense of the profit, in the case, when the listed sources were not used for construction, acquisition of the basic funds and investments, re-evaluation of the established assets, earlier contributed into the statutory fund may be directed for increasing the statutory fund of the bank. When the non-distributed profit confirmed by the external audit per the past years and funds, created at the expense of the profit, re-evaluation of the established assets, earlier contributed into the statutory fund is directed for increasing the statutory fund, the new amount of the statutory fund of the bank shall not exceed the value of its net assets (the normative capital calculated in the order established by the National Bank).

If at the end of the second and of each subsequent year, the value of net assets of the bank (normative capital of the bank calculated in the order established by the National Bank) is turned out to be less than its statutory fund, the bank is obliged to declare and to register the decrease of its statutory fund.

The decrease of the statutory fund of the bank is allowed upon the preliminary written permit of the National Bank. The mentioned written permit is issued being signed by the vice-chairman of the Board.

24. In the event of adapting legislative acts of the Republic of Belarus providing for contributing the monetary funds to the statutory fund earlier given to him, the date of contributing of the monetary funds into the bank statutory fund is considered the date of entry into force of the legislative act, unless the legislative act established another deadline.

25. The decision on the state registration or about refusal of the state registration of changes and/or additions introduced into the constituent documents of the bank, is made by the vice-chairman of the Board within the period not exceeding two months from the date of submission of the required documents.

The state registration of the changes and/or additions, introduced into constituent documents of the bank may be refused in the events provided by Article 84 of the Banking Code of the Republic of Belarus.

The changes and additions introduced into the constituent documents of the bank take effect for third parties from the moment of their state registration by the National Bank.

In the event of making the decision about refusal of the state registration of the changes and/or additions introduced into the constituent documents of the bank, the National Bank notifies the bank about this fact in writing within the period not later than five days from the day of making the decision with indication of the reasons of the refusal.

26. To obtain the consent of the National Bank for acquisition of more than five percents of the shares in the statutory fund of the bank as the result of one or several transactions by one legal person or natural person, or by a group of natural persons and/or the legal persons connected by an agreement, or a group of the legal persons being affiliated or dependent in relation to each other, or the permit for acquisition by the founders (the participants) of the bank or non-bank credit and financial organization of more than ten percents of the shares (parts) in its statutory fund, into the National Bank the following documents are to be submitted:

solicitation about obtaining the consent (permit);

the documents confirming the state registration of the legal persons;

the information about the founders (the participants) of the legal person possessing more than five percent of its statutory fund;

the balance sheet of the legal person for the preceding year or for another period determined by the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, with an audit report confirming its accuracy and containing the data about existence of own funds of the legal person to be contributed to the statutory fund of the bank (while increasing the statutory fund). In the event when the audit report confirming the accuracy of the submitted balance sheet of the legal person does not contain the data about existence of own funds of the legal person to be contributed to the statutory fund of the bank, an audit report containing the data about the existence of such fund of the legal person shall be also submitted separately.

At the reorganization of the bank, the submission by its participants of the documents provided for by part one of this clause is not required. In this case the decision on the state registration of the reorganized bank constitutes a consent of the National Bank to the purchase of more than five percent of shares in the statutory fund of the bank as a result of one or more transactions by one legal or natural person or a group of legal and/or natural persons interconnected by a contract, or by a group of legal persons being affiliated or dependent in relation to each other, or a permission of the National Bank to a purchase by founders (participants) of the bank or non-bank credit and financial organization of more than ten percent of shares (stake) in its statutory fund.

The consent of the National Bank for acquisition of more than five percent of the shares in the statutory fund of the bank, the permit on acquisition by the founders (the participants) of the bank or non-bank credit and financial organization of more than ten percents of the shares (the parts) in its statutory fund is issued being signed by the vice-chairman of the Board. When increasing the statutory fund of the bank, of the non-bank credit and financial organization, the percentage of acquisition of the shares (parts) is determined from the declared amount of the statutory fund, when acquiring the shares (parts) on the secondary market – from the registered amount of the statutory fund.

Before making decision about issuing the permit for acquisition by the founders (the participants) of the bank or non-bank credit and financial organization more than ten percents of the shares (parts) in its statutory fund, the National Bank is entitled to request the information about their financial position and business reputation.

The issuance of the consent, obtaining the permit, provided by this clause, may be refused in the following events:

the economic court has determined the fact of bankruptcy of the shares (stake) buyer;

the incompliance of the shares (stake) buyer with the requirements toward the founders established by the Banking Code of the Republic of Belarus;

revealing of untrue information in the submitted documents;

determination of the fact of using the attracted monetary funds and/or of directing the incomes received illegally for acquisition of the shares (stake) (when increasing the statutory fund).

27. For obtaining the permit of the National Bank for acquisition by the bank of more than five percents of the released by the bank shares into the National Bank, the solicitation about issuance of the corresponding permit is to be submitted. The mentioned permit is issued being signed by the vice-chairman of the Board.

271. In the case when the increase of the statutory fund of the bank is provided for by an act of legislation of the Republic of Belarus, the decision on the state registration of changes and/or additions being introduced in constituent documents of the bank, connected with the increase of the amount of the statutory fund, constitutes a consent of the National Bank to the purchase of more than five percent of shares in the statutory fund of the bank as a result of one or more transactions by one legal or natural person or by a group of legal and/or natural persons interconnected by a contract, or by a group of legal persons being affiliated or dependent in relation to each other, or a permit of the National Bank to the purchase by founders (participants) of the bank or non-bank credit and financial organization of more than ten percent of shares (stake) in its statutory fund. In such case, the submission of the documents provided for by part one of clause 26 of these Instructions is not required.

28. The consent, permit, issued by the National Bank, provided for by clauses 26 and 27 of these Instructions, are valid within the period of one year from the date of their issuance.The consent, permit, issued by the National Bank shall indicate, with the exception of the cases provided for by the legislation, the maximal quantity of shares or stake in the statutory fund of the bank, which may be purchased by one legal or natural person or by a group of legal and/or natural persons interconnected by a contract, or by a group of legal persons being affiliated or dependent in relation to each other




CHAPTER 4

CREATION AND CLOSING OF SEPARATE AND STRUCTURAL DIVISIONS OF THE BANK


29. For obtaining the consent for creation of the bank affiliate (branch) in the territory of the Republic of Belarus the following are to be submitted into the National Bank:

29.1. to the main directorate of the National Bank for the corresponding region (hereinafter - the main directorate) at the place of location of the created affiliate (branch) of the bank:

the application;

the extract from the minutes of the bank participants general meeting about making the decision (the decision of the bank property owner) about creating the affiliate (branch) of the bank, unless otherwise provided by the statute of the bank;

a copy of the bank’s statute on a paper based carrier along with its electronic copy (RTF file);

the regulations about the affiliate (branch) of the bank, approved by the authorized body of the bank, on a paper based carrier along with its electronic copy (RTF file);

the questionnaires of the candidates for the position of the head, the chief accountant of the affiliate (branch) of the bank, filled by them and containing the information, provided by the third part of article 80 of the Banking Code of the Republic of Belarus for the candidates of the positions of the head, the chief accountant of the bank;

29.2. into the structural division of the central apparatus of the National Bank carrying out banking supervision:

the list of the affiliates (branches) being created by the bank, drawn up as an appendix to the statute of the bank;

the documents required for the state registration of the changes and/or additions into the constituent documents of the bank in the part of the list for the separate divisions of the bank.

30. When the bank has the designed standard regulations about the affiliate (branch), it is to be delivered into the National Bank for consideration on the subject of its compliance with the requirements of the legislation of the Republic of Belarus and the constituent documents of the bank. The text of the standard regulations about the affiliate (branch) of the bank is to be submitted on a paper carrier along with its electronic copy (RTF file).

The structural division of the central apparatus of the National Bank carrying out banking supervision informs the bank about the results of consideration of the standard regulations about the affiliate (branch) of the bank and, in the event the mentioned regulation meets requirements of the legislation of the Republic of Belarus and constituent documents of the bank, forwards the regulations to the main directorates of the National Bank for the regions in the electronic form for its usage in the work.

31. The main directorate at the place of location of the affiliate (branch) within a fifteen days period from the day of submission of the documents for obtaining the consent on creating the affiliate (branches) examines availability of the technical capacities established by normative legal acts of the National Bank for realization of the banking operations, conducts evaluation of compliance of the persons appointed for the job position of the head and the chief accountant of the affiliate (branch) with the qualification requirements and the requirements laid toward the business reputation in the order determined by the normative legal acts of the National Bank, considers the regulations about the affiliate (branch) on the subject of its compliance with the requirements of the legislation of the Republic of Belarus and with the constituent documents of the bank.

32. According to the results of consideration of the submitted documents, examination of availability of the technical capacities in the affiliate (branch) for realization of the corresponding banking operations by the main directorate at the place of location of the affiliate (branch) a conclusion about the possibility of opening the affiliate (branch) is to be drawn up, which is to be delivered together with covering letter signed by the head of the main directorate, within the period of not later than three working days into the structural division of the central apparatus of the National Bank, carrying out banking supervision.

33. When making the decision about changing the place of location of the affiliate (branch) residence, the bank is obliged to notify the main directorate at the place of the location of the bank affiliate (branch). The main directorate conducts, within a five-day period from the day of the notice reception, inspection of the compliance of the new premises for the affiliate (branch) with the technical requirements established by normative legal acts of the National Bank for realization of the banking operations. According to the results of the examination by the main directorate at the place of location of the affiliate (branch), a conclusion about the possibility to realize by the affiliate (branch) of the banking operations is drawn up and is delivered to the bank within a three days period. That conclusion is submitted by the bank into the structural division of the central apparatus of the National Bank carrying out banking supervision, together with the documents submitted for the state registration of the corresponding changes into the constituent documents of the bank.

Before execution of the said examination and obtaining the positive conclusion from the main directorate at the place of the location of the affiliate (branches), the affiliate (branch) of the bank is situated at the former place of the location.

34. Changes and/or additions introduced into the standard regulations about the affiliate (branch) of the bank are to be notified by the bank within a thirty days period to the structural division of the central apparatus of the National Bank carrying out banking supervision. The text of the changes and/or of the additions and the text of the standard regulations about the affiliate (branch) of the bank in a new wording are submitted on a paper carrier along with their electronic copies (RTF files).

In the case of compliance of the submitted changes and/or additions introduced into the standard regulations about the affiliate (branch) of the bank with the legislation of the Republic of Belarus and constituent documents of the bank, the structural division the National Bank carrying out banking supervision informs about it the bank and forwards them to the main directorates of the National Bank for the regions in the electronic form, at availability of the remarks - delivers into the bank for eliminating the discrepancy with the legislation and/or with the constituent documents of the bank.

35. Changes and/or additions introduced into the regulations about the affiliate (branch) are to be notified by the bank within a thirty days period to the main directorate of the National Bank for the corresponding region at the place of the location of the affiliate (branch). At availability of the remarks, the documents are delivered into the bank for eliminating the discrepancy with the legislation and/or the constituent documents of the bank.

36. In the event of positive conclusion from the main directorate of the National Bank for the corresponding region about possibility of realization by the affiliate (branch) of the banking operations, the National Bank in accordance with the established order perform the state registration of the changes and/or additions into the constituent documents of the bank in a part of the list for the separate divisions. The state registration of the changes and/or additions into the constituent documents of the bank is considered as a consent on creating the affiliate (branch) of the bank.

The National Bank is entitled to refuse creating the affiliate (branch) of the bank in the events specified in article 86 of the Banking Code of the Republic of Belarus.

37. The bank informs the main directorate at the location of the affiliate (branch) of the decision about closing the affiliate (branch) within the period of not later than five days.

After completing work on closing the affiliate (branch), including giving the notice to all the customers and the lenders of the closed affiliate (branches) and fulfilling the obligations before them, the bank submits to the structural division of the central apparatus of the National Bank carrying out banking supervision documents necessary for the state registration of the changes and/or additions introduced into the constituent documents of the bank in the part of the list of its separate divisions, not later than 30 days after taking the respective decision. In the application for the state registration of the changes and/or additions introduced into the constituent documents of the bank, the bank informs about the closure of the affiliate (branch) with indication to the respective decision of the authorized body of the bank administration. The structural division of the central apparatus of the National Bank carrying out banking supervision notifies, not later than five days after the state registration of the changes and/or additions introduced into the constituent documents of the bank in the part of the list of its separate divisions, the main directorate at the place of the location of the affiliate (branch) of the bank.

38. The structural divisions created by the bank, its affiliate (branch) in accordance with article 87 of the Banking Code of the Republic of Belarus have the right to perform the banking operations within the license powers of the bank according to the local normative legal acts of the bank or to other decisions of the authorized bodies of the bank.

To realize some individual banking operations, the structural division of the bank shall comply with technical capacities for realization of the corresponding operations in accordance with the requirements established by normative legal acts of the National Bank.

39. The bank informs the National Bank about creating the structural divisions within a five day period per the form according to Appendix 4 [not given] to these Instructions. The information about changing the data on the structural divisions, delivered into the National Bank per the form according to Appendix 4 [not given] to these Instructions is submitted by the bank within the period not later than five days from the date of adapting these changes. At the request of the National Bank, the bank submits the information about all structural divisions in the form specified in the request.

40. The bank is entitled, after giving a preliminary notice of the National Bank, to open its representative office in the territory of the Republic of Belarus.

Simultaneously with giving the notice into the National Bank are submitted:

the extract from the decision of the body authorized by the bank about opening the representative office;

the regulations about the representative office, corresponding to the legislation of the Republic of Belarus and the constituent documents of the bank.

The changes and/or additions into the constituent documents of the bank in the part of the list of its separate divisions at opening the representative office are submitted to the National Bank for the state registration within a period of thirty days from the date of making the corresponding decision.

41. After closing the representative office, the bank delivers, within a thirty days period from the date of making the decision about closing the representative office, the notice of its closing to the National Bank with enclosure of the extract from the decision of the authorized body of the bank about closing the representative office and the package of the documents required for the state registration of the changes and/or the additions into the constituent documents of the bank in the part of the list of its separate divisions.




CHAPTER 5

PARTICULARITIES OF THE STATE REGISTRATION OF THE BANK WITH FOREIGN INVESTMENTS,

OPENING FOREIGN BANK REPRESENTATIVE OFFICE IN THE TERRITORY OF THE REPUBLIC OF BELARUS.

OBTAINING THE PERMIT FOR INCREASE OF THE STATUTORY FUND AT THE EXPENSE OF MONETARY FUNDS OF NON-RESIDENTS

AND/OR OF ALIENATING THE SHARES IN FAVOUR OF NON-RESIDENTS


42. The state registration of the bank in the statutory fund of which foreign investments are partially or totally used (hereinafter – the bank with foreign investments) is realized in the order determined by Chapter 2 of these Instructions, with regard to particularities provided by this Chapter.

43. For the state registration of the bank with foreign investments, the documents specified in article 89 of the Banking Code of the Republic of Belarus are to be submitted.

44. The balance sheet of the foreign legal person (the organization) along with the auditor’s report confirming its authenticity is submitted for the state registration of the bank with foreign investments for the preceding year or for another period defined by the head of the structural division of the central apparatus of the National Bank carrying out banking supervision. The auditor’s report shall contain the information about availability of the own monetary funds for contribution into the statutory fund of the bank.

45. The state registration of the bank with foreign investments may be refused on the grounds established by article 89 of the Banking Code of the Republic of Belarus.

46. Unless otherwise stipulated by these Instructions, for obtaining the permit of the National Bank on alienating the shares in favour of non-residents and/or increasing the statutory fund of the bank at the expense of the funds of non-residents, the following documents are to be submitted to the National Bank:

46.1. in respect of the legal person (the organization being non-resident:

the solicitation about obtaining the permit;

the document confirming the registration of the legal person (the organization) – non-resident, - the legalized extract from the commercial register of the country of its foundation or another equivalent proof of the legal status for the organization in accordance with the legislation of the country of its establishment (the extract shall be dated not later than one year before the date of submission the documents);

the balance sheet of the legal person (organization), the non-resident, for the preceding year or for another period determined by the head of the structural division of the central apparatus of the National Bank, which carries out bank supervision, with an audit report confirming its accuracy and containing the data about existence of own funds of the legal person to be contributed to the statutory fund of the bank (while increasing the statutory fund). In the event when the audit report confirming the accuracy of the submitted balance sheet of the legal person does not contain the data about existence of own funds of the legal person to be contributed to the statutory fund of the bank, an audit report containing the data about the existence of such fund of the legal person shall be also submitted separately;

46.2. in respect of the natural persons non-resident:

the solicitation about obtaining the permit;

a copy of the identity document of the natural person, the non-resident;

the acknowledgement by the foreign bank servicing the natural person non-resident, solvency of this person or another document provided by the legislation of the country of his permanent residence about the sources of the monetary funds, which are contributed to the statutory fund of the bank (when increasing the statutory fund of the bank).

47. The decision about issuing the permit or refusal of issuing the permit for increasing the statutory fund of the bank at the expense of the monetary funds belonging to non-residents and/or alienating the shares in favour of non-residents is made by the vice-chairman of the Board.

48. The issuance of the permit for increasing the statutory fund of the bank at the expense of the monetary funds belonging to non-residents and/or alienating the shares in favour of non-residents may be refused on the grounds provided by the Banking Code of the Republic of Belarus.

49. The permit of the National Bank for increasing the statutory fund at the expense of the monetary funds belonging to non-residents and/or alienating the shares in favour of non-residents is valid within one year from the date of its issue.

When the bank apply for obtaining permit for alienating shares in favour of non-residents, which is not connected with an increase of the authorize fund of the bank at the expense of non-residents funds, , it is not required to submit the documents which have been already submitted earlier to the National Bank for obtaining the permit for alienating shares in favour of the same non-residents and/or for increasing the statutory fund of the bank at the expense of the funds of the same non-residents and/or, unless a year has expired the from the day of obtaining the respective permit and of new applying for it.

50. For opening the representative office of the foreign bank, the foreign bank shall submit into the National Bank the following documents:

the application with the enclosed solicitation about opening the representative office in the territory of the Republic of Belarus with indication of the complete name of the bank, the date and the place of its registration;

the decision of the authorized body of the bank about opening the representative office;

the regulations about representative office corresponding to the legislation of the Republic of Belarus;

the document confirming the right to situate the representative office at the place of its location;

the document confirming registration of the foreign bank, - the legalized extract from the commercial register of the country of its establishment or another equivalent proof of the legal status of the bank in accordance with the legislation of the country of its establishment;

the copies of the constituent documents and licenses of the foreign bank;

the written permit of the authorized body in the country of the place for establishment of the bank, for opening the representative office in the territory of the Republic of Belarus in the events when the permit is required in accordance with the legislation of the country of the place of establishment of the bank or in accordance with the international agreements;

the balance sheet for the preceding year or for another period determined by the head of the structural division of the central apparatus of the National Bank carrying out banking supervision along with by the auditor’s report confirming its authenticity.

51. According to the results of considering the submitted documents, the structural division of the central apparatus of the National Bank realizing banking supervision arranges the motivated conclusion about the possibility of opening the foreign bank representative office in the territory of the Republic of Belarus.

The decision about opening the foreign bank representative office or about refusal of its opening is made by the Board of Directors of the National Bank within the period not exceeding two months from the day of submission of the documents specified in clause 50 of these Instructions.

52. The grounds for refusal of opening the foreign bank representative office are:

submission of the untrue data;

discrepancy of the regulations about representative office with the legislation of the Republic of Belarus.

53. The structural division of the central apparatus of the National Bank carrying out banking supervision produces an entry in the book for registration of the foreign banks representative offices on the grounds of the decision taken about opening the foreign bank representative office.

54. The foreign banks representative offices in the territory of the Republic of Belarus are opened for the period of up to three years. The period of the representative office activity may be prolonged by the decision of the vice-chairman of the Board upon solicitation of the foreign bank subject to its applying into the National Bank not later than one month prior to expiration of the validity term for the permit on opening the representative office. When the solicitation has not been submitted within the specified period upon expiration of the validity term for the permit on opening the representative office, the entry about the representative office is to be excluded from the book for registering representative offices of the foreign banks.

When introducing changes and/or additions in the regulations about the representative office, the bank presents into the National Bank, for obtaining consent, the regulations, and also the document confirming the right for situating the representative office at its new place of the location (in the event of changing the place of the representative office location) within the period not later than ten days from the moment of making the decision about introducing the respective changes and/or additions,.

55. When making the decision about closing its representative office, the foreign bank gives a notice to the National Bank about closing the representative office with the reference to the decision of the authorized body of the foreign bank. On the basis of the submitted notice, the National Bank excludes the entry about the representative office from the book of registering representative offices of the foreign banks, what is to be notified which to the foreign bank within the term not later than five working days from the day of receipt of the notice.




CHAPTER 6

PARTICULARITIES OF CREATING AFFILIATED BANKS, OPENING AFFILIATES AND REPRESENTATIVE OFFICES

OF THE BANKS-RESIDENTS OUTSIDE THE REPUBLIC OF BELARUS. PARTICIPATION OF THE BANKS-RESIDENTS

IN STATUTORY FUNDS OF FOREIGN BANKS


56. For obtaining of the permit for creating the affiliated bank, opening the affiliate of a bank-resident outside the Republic of Belarus or for participation of the bank-resident in the statutory fund of a foreign bank, the documents, specified in article 92 of the Banking Code of the Republic of Belarus are to be submitted to the National Bank.

The decision about issuing the corresponding permit or about refusal of issuing the permit is taken by the Board of Directors of the National Bank.

57. The National Bank is entitled to refuse issuing the permit on creating the affiliated bank, opening the affiliate of the bank-resident outside the Republic of Belarus or for participation of the bank-resident in the statutory fund of the foreign bank on the grounds specified in Article 92 of the Banking Code of the Republic of Belarus.

58. Opening the representative office outside the Republic of Belarus is realized after giving notice by the bank-resident to the National Bank about opening the representative office with enclosure of the respective decision of the authorized body of the bank management.

59. The changes and/or additions introduced into the constituent documents of the bank-resident in the part of the list of its separate divisions when opening the affiliate and/or representative office outside the Republic of Belarus are submitted to the National Bank for the state registration within a thirty days period from the date making the decision about introducing respective changes and/or additions into the constituent documents of the bank.

60. When closing the affiliate or representative office outside the Republic of Belarus, the bank which created it shall submit, within the period not later than thirty days from the day of making the corresponding decision about introducing respective changes and/or additions into the constituent documents of the bank, to the National Bank the documents required for the state registration of the changes and/or additions into the constituent documents of the bank in the part of the list of its separate divisions.

When closing the affiliated bank, the bank which created it informs about this the National Bank within the period not later than thirty days from the day of making the respective decision.




CHAPTER 7

ORDER OF LICENSING BANKING ACTIVITY


61. The decision on issuing the licenses, introducing the changes and/or additions into list of the banking operations specified in the license issued to the bank, is taken by the Board of the National Bank.

The decision on introducing the changes and/or additions into the license not connected with the change of the list of the banking operations specified in the license and the decision on issue of an duplicate of the license in the event of its loss is taken the deputy Chairperson of the Board.

62. The license with the indication in it of the list of the banking operations, which the bank is entitled to perform is issued to the bank simultaneously with the certificate about the state registration on the basis of the documents submitted for the state registration of the bank.

For obtaining the license, the document confirming payment of the state duty is to be submitted to the National Bank.

63. The bank has the right to apply to the National Bank with the application about introducing the changes and/or additions into the list of the banking operations specified in the license issued to the bank, only if dispose of the technical capacities for performing the respective banking operations, established by normative legal acts of the National Bank.

64. For introducing the changes and/or additions into the license not connected with the change of the list of the banking operations specified in the license or the changes and/or additions into the list of the banking operations specified in the license issued to the bank, or for issuing a duplicate of the license, the bank submits to the National Bank a respective application signed by the authorized person of the bank.

Besides the application, the bank submits to the National Bank the documents necessary for the state registration of the changes and/or additions being introduced into the constituent documents of the bank(when they shall be introduced), and also a damaged license or a copy of the announcement about the loss of the license published in one of the printed mass media (in the event of applying for the issue of a duplicate of the license)..

For obtaining the license formalized in a new form, or of a duplicate of the license, the bank submits to the National Bank the document confirming payment of the state duty, except for the cases of exemption from payment of the state duty provided by the legislative acts of the Republic of Belarus.

65. The documents submitted by the bank for obtaining the licenses or introducing the changes and/or additions into the list of the banking operations specified in the license issued to the bank are considered within the period not exceeding two months from the day of their submission.

66. Prior to the submission of the issue about licensing the activity of the bank for consideration of the Board of the National Bank, the structural division of the central apparatus of the National Bank carrying out banking supervision together with the interested structural divisions of the National Bank (when it is necessary) conducts examination of availability of the technical capacities in the bank for performance of the respective banking operations.

When creating the bank outside the territory of the city of Minsk, examination of availability of the technical capacities in the bank for performance of the banking operations is conducted by the respective main directorate at the place of the bank location.

67. The right to carry out banking operations on attracting monetary funds of natural persons non being individual entrepreneurs to deposits, to open and maintain bank accounts of such natural persons may be granted to the bank not earlier than two years from the date of its state registration subject to its stable financial situation in the course of last two years and existence of a normative capital in the amount equivalent to not less than 25.0 Millions Euro on the first day of the month of submission to the National Bank of the documents provided for by these Instructions for introduction in the license of changes and/or additions connected with the changing of the list of bank operations indicated in it.

The right to carry out bank operations on opening and maintaining bank accounts in precious metals, sale of precious metals and/or precious stones, placement of precious metals and/or precious stones to deposits may be granted to the bank not earlier than two years from the date of its state registration subject to its stable financial situation in the course of last two years and existence of a normative capital in the amount equivalent to not less than 5.0 Millions Euro on the first day of the month of submission to the National Bank of the documents provided for by these Instructions for introduction in the license of changes and/or additions connected with the changing of the list of bank operations indicated in it.

671. When taking a decision on granting to the bank the right to carry out banking operations on attracting monetary funds of legal persons non being individual entrepreneurs to deposits, to open and maintain bank accounts of such natural person, on opening and maintaining bank accounts in precious metals, sale of precious metals and/or precious stones, placement of precious metals and/or precious stones to deposits, the assessment of stability of the financial situation of the bank is made by the Board of the National Bank on the basis of available information about the activities of the bank, having regard to a substantiated conclusion on the possibility of expansion of the licensing powers of the bank, prepared by the structural division of the central apparatus of the National Bank, which carries out bank supervision.

68. Stability of the financial situation of a bank is determined based on the analysis of the following criteria:

68.1. transparency of the ownership structure of the bank, including:

sufficiency of the volume of disclosed information about the organizational structure and ownership structure of the bank, that allows to make the conclusion that they will not obstruct the performance of the banking supervision on an individual and/or consolidated basis;

sufficiency of the volume of disclosed information established by the legislation on an official page of the bank in the global computer network Internet;

accessibility and accuracy of the information about final beneficiary owners of the bank, and also about the persons (groups of persons) which considerably influence directly or indirectly (through third persons) decisions being taken by governing bodies of the bank;

significance of the influence on the governance of the bank of persons registered in off-shore zones;

existence and size of the share in the normative capital of the bank of legal persons (organizations) registered in the territory of states (territories) in which a beneficiary tax regime is in effect and/or the disclosure and presentation of the information about financial operations are not required (off-shore zones), determined in accordance with the legislation of the Republic of Belarus, on the moment of submission of the application on introduction of changes and/or additions into the list of banking operations indicated in the license issued to the bank

existence and size of the share in the normative capital of the bank of banks and legal persons (organizations) of groups ‘A’, ‘B’, ‘C’, and ‘D’, determined in accordance with the normative legal act of the National Bank establishing normative of safe operation for banks and non-bank credit and financial organizations, registered in the territory of the Republic of Belarus, on the moment of submission of the application on introduction of changes and/or additions into the list of banking operations indicated in the license issued to the bank;

68.2. sufficiency and structure of the normative capital of the bank;

68.3. quality of the bank’s assets, including assessment of problem assets, completeness of creation of special reserves covering probable losses on assets and transactions not reflected in the balance sheet, fulfilment of normative of credit risks reduction;

68.4. financial effectiveness, including availability of the profit taking into account of reserves creation, assessment of return on assets and the normative capital of the bank;

68.5. liquidity, including assessment of the fulfilment of the normative of short-term liquidity, existence, in the course of last 6 months, of more than two instances of failure to satisfy demands of certain creditors on monetary obligations and/or failure to fulfil the duty on payment of obligatory payments to the budget (including, state special-purpose budgetary funds and the Fund of Social Protection of Population of the Ministry of Labor and Social Protection), to state non-budgetary funds in the course of 3 and more days from the day of their maturity in connection with absence or insufficiency of monetary funds on correspondent accounts of the bank;

68.6. quality of bank governance, including the assessment of risk management system organization, internal control system, including with a view of preventing and detecting financial operations connected with legalization of incomes obtained illegally and financing terroristic activity, and also of the structural division which performs internal audit functions.

69. For obtaining the right for performance of the banking operations on attraction of monetary funds of natural persons not being individual entrepreneurs in deposits, on opening and running bank accounts of such natural persons, on opening and running bullion accounts, purchase-sale of precious metals and/or precious stones, placement of precious metals and/or precious stones in deposits, the bank, besides the documents specified in clause 64 of these Instructions, submits to the National Bank the certificate from the tax body at the place of the bank location about the absence of indebtedness before the budget and/or the state non-budgetary funds.

The National Bank is entitled to request other documents required for preparing the substantiated conclusion about the possibility of broadening licensing powers of the bank. In this case the period for consideration of the documents submitted for introducing the changes and/or additions into the list of the banking operations specified in the license issued to the bank is to be prolonged for the period which is necessary for submission of the documents being required by the National Bank.

The structural division of the central apparatus of the National Bank, which carries out bank supervision, shall draw up a substantiated conclusion about the possibility of broadening licensing powers of the bank within a period not exceeding 30 days from the day of submission of the documents.

70. The licenses are to be put on account in the register of the licenses, in which the name of the bank, the date of issuing and the number of the issued license, the list of the banking operations which the bank is entitled to perform are to be indicated.

71. The refusal of issuing the licenses is possible on the grounds specified in Article 82 and indent 3 of part 5 of Article 89 of the Banking Code of the Republic of Belarus for giving refusal of the state registration of the bank. The decision on refusal of issuing the license for performance of the banking activity is taken by the Board of the National Bank.

72. The grounds for refusal of introducing the changes and/or additions into the list of the banking operations specified in the license issued to the bank, are:

the discrepancy of the submitted documents with the legislation of the Republic of Belarus or revealing in them of untrue information;

non-submission of the documents required by the National Bank for preparing the substantiated conclusion about the possibility of broadening licensing powersof the bank;

non-observance by the bank of the requirements established by clauses 63 and 67 of these Instructions.

The decision on the refusal of introducing contributing the changes and/or additions into the list of the banking operations specified in the license issued to the bank is made by the Board of the National Bank.

The vice-chairman of the Board is entitled to take the decision about refusal of introducing the changes and/or additions into the list of the banking operations specified in the license issued to the bank, in the event of discrepancy of the submitted documents with the legislation of the Republic of Belarus.

73. In the event of loss of the license, the bank is issued its duplicate.

For obtaining of the duplicate of the license the bank submits to the National Bank:

the application for obtaining the duplicate;

the copy of the announcement about loss of the license published in one of the printed mass media;

the document, confirming payment of the state duty.




CHAPTER 8

STATE REGISTRATION OF REORGANIZED BANKS


74. The bank reorganization is made in accordance with the legislation of the Republic Belarus with regard to the requirements established by these Instructions.

75. For obtaining the permit from the National Bank on merger, the banks submit to the National Bank the following documents:

solicitation of the banks about obtaining the permit on merger the banks with indication of the reasons which entail its necessity, the substantiation of the possibility of the bank to observe the established standards of safe operation;

the extract from the decision made by the management body of the banks about merger

the agreement on merger;

the information on readiness of the reorganized banks to operate in the united regime of a correspondent account.

76. The decision on issuing the permit for merger of the banks is made by the Board of the National Bank.

The information about the decision taken is notified to the banks within the period not later than ten days since the date of the decision making.

77. The state registration of the reorganized banks is realized in the order provided by Chapter 2 and 3 of these Instructions depending on the forms of reorganization with regard to particularities provided by this Chapter. For the state registration of the reorganized bank the delivery report or the dividing balance sheet depending on the form of reorganization are additionally submitted to the National Bank, besides the documents, specified in Chapters 2 and 3 of these Instructions. In the events provided by the antimonopoly legislation, the consent of the antimonopoly body is to be submitted to the National Bank.




CHAPTER 9

LIQUIDATION OF THE BANK


78. Liquidation of the bank is made in accordance with the legislation of the Republic of Belarus with regard to the requirements established by these Instructions.

79. Liquidation of the bank on the initiative of its participants (the property owner) or the body of the bank authorized by the constituent document is executed with a written consent of the National Bank. For obtaining the consent on liquidation, the bank submits into the National Bank the following documents:

solicitation for obtaining the consent with the indication of the reasons which entailed the necessity of the bank liquidation;

the decision of the participants (the property owner) of the bank or the body of the bank authorized by the constituent documents about its liquidation.

80. The Board of the National Bank makes the decision about the possibility of granting the consent about liquidation of the bank on the decision of the participants (the property owner) of the bank or the body of the bank authorized by the constituent documents and revocation of the licenses within the period not later than twenty days following the presentation into the National Bank of the documents, specified in clause 79 of these Instructions,.

81. The participants (the property owner) of the bank inform the National Bank about creating the liquidation commission (the appointment of the liquidator), appointment of the chairman of the liquidation commission within the period not later than 5 days from the date of adapting of the respective decision.

82. For introducing the entry about liquidation of the bank into the United State Register of Legal Persons and Individual Entrepreneurs, the liquidation commission submits to the National Bank:

a copy of the publication in the newspaper "Respublika";

seals and stamps of the bank or the application of the participants (the property owner) of the bank about their non-fabrication or the information about publishing the announcements of their loss in accordance with the established order;

the document which confirms closing the correspondent account of the bank;

the report of the liquidation commission (the liquidator) and the liquidation balance sheet signed by the members of the liquidation commission (the liquidator) and approved by the general meeting of the participants (the property owner) of the bank or the body of the bank authorized by the constituent documents, which took the decision about liquidation;

the original certificate about the state registration of the bank or another document, confirming the state registration of the bank, or the application about its loss with the enclosure of the information about publishing the announcements of their loss;

the certificate from the tax body about performance of the payments with the budget and the return of the notice of conferring the taxpayer account number;

the certificate from the Fund of Social Protection of the Population of the Ministry of Labor and Social Protection of the Republic of Belarus about the settlements with the budget of the Fund;

the certificate from the customs body about the absence of indebtedness on payments collected by the customs bodies;

the certificate from the respective territorial (town or district) archive of the local executive and administrative body about delivery for keeping in storage of the documents, including those concerning the personnel confirming the length of service and payment of the workmen labor.

The decision on exclusion of the bank from the United State Register of Legal Persons and Individual Entrepreneurs is made by the Board of the National Bank.

83. The particularities of liquidation of the banks on the decision of the National Bank are specified by other normative legal acts of the National Bank.

84. The National Bank submits, within a ten days period from the day of making the decision about exclusion of the bank from the United State Register of Legal Persons and Individual Entrepreneurs, to the Ministry of Justice of the Republic of Belarus the information for their entry into the United State Register of Legal Persons and Individual Entrepreneurs and informs about the liquidation of the bank:

the Ministry of Finance of the Republic of Belarus;

the National Statistical Committee of the Republic of Belarus;

the inspectorate of the Ministry on Taxes and Dues at the place of the liquidated bank location;

the Fund of Social Protection of the Population of the Ministry of Labor and Social Protection of the Republic of Belarus;

the State Customs Committee of the Republic of Belarus.

The structural division of the central apparatus of the National Bank realizing the bank supervision informs about liquidation of the bank the interested structural divisions of the National Bank.




*unofficial translation*
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