RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of August 8, 2017 No. 159

About modification and amendments in some resolutions of the Ministry of Justice of the Republic of Belarus

Based on Items 19, 22 Provisions on state registration of subjects of managing, Items 7, 13 and 20 Regulations on liquidation (the activities termination) of the subjects of managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing", Item 9 of the Regulations on the Single state register of legal entities and individual entrepreneurs approved by the resolution of Council of Ministers of the Republic of Belarus of February 23, 2009 No. 229 "About the Single state register of legal entities and individual entrepreneurs", Item 12, of subitem 13.1 of Item 13 of the Regulations on procedure for approval of names of commercial and non-profit organizations the Council of Ministers of the Republic of Belarus approved by the resolution of February 5, 2009 No. 154, and in pursuance of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of June 13, 2017 No. 446 "About some questions of suspension of operations of the individual entrepreneur", item 4 of the resolution of Council of Ministers of the Republic of Belarus of July 4, 2017 No. 500 "About some questions of rendering by auditors of services in independent assessment of activities of legal entities (individual entrepreneurs) in case of their liquidation (the activities termination)", Item 2 of the resolution of Council of Ministers of the Republic of Belarus of August 4, 2017 No. 584 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus" and based on part one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus, the Council of Ministers of the Republic of Belarus approved by the resolution of October 31, 2001 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No.

1. Make changes and additions to the following resolutions of the Ministry of Justice of the Republic of Belarus:

1.1. in the resolution of the Ministry of Justice of the Republic of Belarus of April 11, 2006 No. 23 "About approval of the unified document forms concerning state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2006, No. 70, 8/14322; 2009, No. 69, 8/20624; National legal Internet portal of the Republic of Belarus, 16.04. 2013, 8/27395):

in the name "approval" to replace the word with the word "establishment";

in Item 1 to replace the word "Approve" with the word "Establish";

in Item 2 to replace the word "Establish" with the word "Determine";

in appendix to this resolution:

exclude form 1;

in forms 2 and 3 of the word "twelve months in a row and not direction this person to tax authority of the message on the reasons of non-realization of such activities" shall be replaced with words "twenty four months in a row";

in forms 6 and 7 of the word of "economic court" shall be replaced with words "the court considering economic cases";

1.2. in the resolution of the Ministry of Justice of the Republic of Belarus of January 27, 2009 No. 8 "About some measures for implementation of the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1" (The national register of legal acts of the Republic of Belarus, 2009, No. 31, 8/20428; No. 162, 8/21114; No. 250, 8/21494; 2011, No. 97, 8/24046; No. 121, 8/24303; National legal Internet portal of the Republic of Belarus, 17.01. 2013, 8/26787; 24:04. 2013, 8/27416; 23:01. 2014, 8/28279; 02:10. 2014, 8/29141; 18:12. 2015, 8/30460):

in preamble:

figures "18, 22, 23" to replace with figures "19, 22";

shall be replaced with words words of "Item 7" "Items 7, of 13, 20";

in Item 1:

in paragraph eleven of the word "about recovery of the right to further implementation of business activity" shall be replaced with words "about suspension of operations";

to add the paragraph of the twenty second after words of "the head of the legal entity" with words ", the beginning of process of liquidation of the legal entity (the terminations of activities of the individual entrepreneur";

add Item with paragraphs the twenty eighth and twenty ninth the following content:

"the application form about change of term of suspension of operations of the individual entrepreneur according to appendix 27;

the application form about renewal of activities of the individual entrepreneur according to appendix 28.";

exclude Item 11;

in appendix 1 to this resolution:

in Item 1:

line item "The abbreviated name in Russian" to replace with line item "The abbreviated name in Russian (in the presence)";

line item "The abbreviated name in Belarusian" to replace with line item "The abbreviated name in Belarusian (in the presence)";

"City" to exclude line item from Item 3;

in Item 7:

word in paragraph one "data are available)" shall be replaced with words "data are available) ****";

in subitem 7.5:

shall be replaced with words the words "Residence ****" "The residence *****";

"City" to exclude line item;

add the statement with Item 8 of the following content:

"8. Bank name (non-bank credit and financial organization) or its separate division ******
Account currency";

responsibility for reliability of the data specified in the documents submitted for state registration;

activities of the commercial organization which state registration is performed based on obviously false data provided to registering body are illegal and are forbidden, and its state registration is recognized to the general jurisdiction invalid by a court decision "shall be replaced with words" the owner of property, founders of the commercial organization bear responsibility for reliability of the data specified in the documents submitted for state registration;

the state registration of the commercial organization performed based on obviously false data provided to registering body can be acknowledged invalid by a court decision, considering economic cases";

the word" (signature) *****" to replace with the word" (signature) *******";

" (surname, own name, middle name (if that is available)) ******" shall be replaced with words words "(surname, own name, middle name (if that is available)) ********";

interlinear notes "****", "*****" and "******" to state in the following edition:

"**** Item 7 of the statement is obligatory to filling in case of filling of Item 8.

***** The residence according to the identity document.

****** Item 8 of the statement is filled if when passing the procedure of state registration the owner of property, founders of the legal entity initiate the direction registering body in bank, the non-bank credit and financial organization of information necessary for opening to the created legal entity of the current (settlement) bank account. At the same time the documents provided by paragraphs to the second and third part one of subitem 2.3 of Item 2 of the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418), the legal entity in bank, the non-bank credit and financial organization are not represented.";

add appendix with the interlinear notes "*******" and "********" of the following content:

"******* The application is signed in the presence of the authorized employee of registering body by the owner of property, all founders of the created legal entity or person(s), the representative(s) in accordance with the established procedure on signing of the statement, or authenticity of the signature(s) of the applicant(s) shall be attested notarially. If the number of founders of the commercial organization more than three, they have the right to authorize one of them on signing of the statement about what it shall be specified in the document confirming intentions about creation of the commercial organization. If owner of property, the founder of the created legal entity is the physical person, the application for state registration can be signed by other physical person authorized according to notarially certified power of attorney to act on behalf of this owner of property or the founder. If the legal entity acts as the owner of property, the founder, the application for state registration is signed by the head of this legal entity or the other person authorized according to the charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement) or the power of attorney to act on behalf of this legal entity.

******** The surname, own name, middle name (if that is available) are specified completely.";

in the sheet A:

"City" to exclude line item from Item 2;

shall be replaced with words words of "the unexecuted court decree about the address of claim to property" "the unexecuted court decree which took legal effect about money recovery and (or) the address of collection on other property, executive text about collection from physical persons, including from individual entrepreneurs, taxes, charges (duties) and penalty fee, debts on compulsory insurance premiums and penalty fee in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

shall be replaced with words the words "I am not owner of property (the founder, the participant), the head of the legal entity who is in condition of economic insolvency (bankruptcy)" "I am not owner of property (participant), the head of the legal entity concerning which the court considering economic cases takes out determination about opening of bankruptcy proceedings and preparation of case on economic insolvency (bankruptcy) for legal proceedings";

shall be replaced with words the words "was not owner of property (the founder, the participant) of the legal entity" "was not owner of property (member) of the legal entity";

shall be replaced with words the words "was not owner of property (the founder, the participant), the head of the legal entity, acknowledged" "was not owner of property (participant), the head of the legal entity - the debtor recognized";

after the words "passed less than a year;" to add leaf with words "for date of state registration I am not owner of property (participant), the head of the commercial organization which is in the register of the commercial organizations and individual entrepreneurs with the increased risk of making of offenses in the economic sphere on the bases provided in paragraphs the second, fourth and fifth subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of October 23, 2012 No. 488 "About some measures for the prevention of illegal minimization of the amounts of the tax liabilities" (The national legal Internet portal of the Republic of Belarus, 25.10.2012, 1/13843);";

in the interlinear note "**" shall be replaced with words the words "with the power of attorney" "with notarially certified power of attorney";

in the sheet B:

"City" to exclude 1 line item from Item;

shall be replaced with words words of "the unexecuted court decree about the address of claim to property" "the unexecuted court decree which took legal effect about money recovery and (or) the address of collection on other property, executive text about collection from physical persons, including from individual entrepreneurs, taxes, charges (duties) and penalty fee, debts on compulsory insurance premiums and penalty fee in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus";

shall be replaced with words the words "is not owner of property (the founder, the participant), the head of the legal entity who is in condition of economic insolvency (bankruptcy)" "is not owner of property (participant), the head of the legal entity concerning which the court considering economic cases takes out determination about opening of bankruptcy proceedings and preparation of case on economic insolvency (bankruptcy) for legal proceedings";

shall be replaced with words the words "was not owner of property (the founder, the participant) of the legal entity" "was not owner of property (member) of the legal entity";

shall be replaced with words the words "was not owner of property (the founder, the participant), the head of the legal entity, acknowledged" "was not owner of property (participant), the head of the legal entity - the debtor recognized";

words "is available performed (not performed) in time civil obligations (obligation), including the amount which is not returned in time according to the credit agreement (the percent added on it) ***;

there is consent of all creditors of the founder according to civil obligations on its participation in creation of this affiliated economic society or affiliated enterprise *** "shall be replaced with words" for date of state registration is not owner of property (participant), the head of the commercial organization which is in the register of the commercial organizations and individual entrepreneurs with the increased risk of making of offenses in the economic sphere on the bases provided in paragraphs the second, fourth and fifth subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of October 23, 2012 No. 488";

" (surname, own name, middle name (if that is available)) ****" shall be replaced with words words "(surname, own name, middle name (if that is available)) ***";

the word" (signature) *****" to replace with the word" (signature) ****";

"***" and "****" to state interlinear notes in the following edition:

"*** The surname, own name, middle name (if that is available) are specified completely.

**** The sheet B is signed by the head of the legal entity or the other person authorized according to the charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement) or the power of attorney to act on behalf of this legal entity, in the presence of the authorized employee of registering body, or authenticity of the signature of the applicant shall be attested notarially.";

exclude the interlinear note "*****";

in appendix 2 to this resolution:

the word "city" to exclude;

in Item 1:

in subitem 1.1:

line item "the abbreviated name in Russian" to replace with line item "the abbreviated name in Russian (in the presence)";

line item "the abbreviated name in Belarusian" to replace with line item "the abbreviated name in Belarusian (in the presence)";

state subitem 1.6 in the following edition:

"1.6. in connection with change of the size of authorized fund:
Contribution type	Amount

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