RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 29, 2019 No. 137

About approval of the Instruction for financial accounting of transactions of concession of the rights of monetary claim

Based on the paragraph of the thirty seventh of Article 26 and part one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES:

1. Approve the Instruction for financial accounting of transactions of concession of the rights of monetary claim it (is applied).

2. Make changes to the following resolutions of Board of National Bank of the Republic of Belarus:

2.1. in the resolution of Board of National Bank of the Republic of Belarus of July 30, 2009 No. 125 "About approval of the Instruction for recognition in financial accounting of the income and expenses in National Bank of the Republic of Belarus, banks and the non-bank credit and financial organizations of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company:

state the name in the following edition:

"About approval of the Instruction for recognition in financial accounting of the income and expenses";

state Item 1 in the following edition:

"1. Approve the Instruction for recognition in financial accounting of the income and expenses it (is applied).";

in the Instruction for recognition in financial accounting of the income and expenses in National Bank of the Republic of Belarus, banks and the non-bank credit and financial organizations of the Republic of Belarus, "Development Bank of the Republic of Belarus" open joint stock company approved by this resolution:

state the name in the following edition:

"Instruction for recognition in financial accounting of the income and expenses";

state Item 1 in the following edition:

"1. This Instruction establishes procedure for recognition in financial accounting of the income and expenses in National Bank, banks, the non-bank credit and financial organizations and "Development Bank of the Republic of Belarus" open joint stock company (further - banks).";

in Item 3:

the second to state part in the following edition:

"The terms "income" and "expenses" have the values determined by the Law of the Republic of Belarus of July 12, 2013 No. 57-Z "About financial accounting and the reporting".";

from word part four" (2006, No. 184, 8/15214)" to exclude the national register of legal acts of the Republic of Belarus;

third Item 7 to state the paragraph in the following edition:

"banks - according to the Chart of accounts of financial accounting in banks and the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company established according to appendix 1 to the resolution of Board of National Bank of the Republic of Belarus of August 29, 2013 No. 506 (further - the Chart of accounts of banks).";

to state the paragraph of the sixth of Item 10 in the following edition:

"the income from reduction of reserves, expenses on contributions to reserves;";

in Item 11:

in part one of the word "discount on transactions of provision of financing under concession of monetary claim (factoring) (further-factoring)" shall be replaced with words "interest incomes by the acquired rights of monetary claim, including the income in type of the positive difference arising in case of acquisition of right of monetary claim in case of excess of the amount of monetary commitment of the debtor over the paid amount in the cases established by the legislation";

the second to add part with the offer of the following content: "Expenses in the form of the negative difference arising in case of acquisition of right of monetary claim in case of excess of the paid amount over the amount of monetary commitment of the debtor in the cases established by the legislation also belong to interest expenses (further - negative differences by the rights of monetary claim).";

the fourth after the word "issuer" to add part with words "(other obliged person)";

to exclude from part five of the word "and factoring";

"stones" to add Item 13 after the word with words ", on transactions of concession of the rights of monetary claim";

in Item 14 of the word "the legislation, and" shall be replaced with words "the legislation; court costs, including state fee, notarial rate and income from their compensation, and also";

state Item 15 in the following edition:

"15. The income connected with reduction of reserves according to the legislation and (or) local legal acts of National Bank, banks regulating procedure for forming and use of reserves, including the income arising in case of receipt of the amounts on the debt which is earlier written off at the expense of the created reserves, except for receipts on transactions of concession of the rights of monetary claim belongs to the income from reduction of reserves.

The expenses connected with forming (increase) of reserves according to the legislation and (or) local legal acts of National Bank, banks regulating procedure for forming and use of reserves belong to expenses on contributions to reserves.";

to add part one of Item 16 with words ", except for receipts on transactions of concession of the rights of monetary claim";

in Item 21:

from part one of the word "on factoring transactions" to exclude;

after part two to add Item with part of the following content:

"Interest incomes of the accounting period by the acquired rights of monetary claim are recognized financial accounting in case of simultaneous observance of the conditions determined by subitems 18.1-18.3 of Item 18 of this Instruction taking into account requirements of the Instruction for financial accounting of transactions of the concession of the rights of monetary claim approved by the resolution of Board of National Bank of the Republic of Belarus of March 29, 2019 No. 137.";

part the fourth after the word "penalty fee)" to add with words ", the income from compensation of court costs, including the state fee, notarial rate";

part the fifth after the word "penalty fee)" to add with words ", compensations of court costs, including the state fee, notarial rate";

from parts four and the seventh Item 22, of paragraph one of Item 37, 53, Item parts one 54, Item 62 parts two the word "normative" to exclude Item parts four;

add Item 25 with part of the following content:

"The procedure for recognition in financial accounting of negative differences by the rights of monetary claim is established by the Instruction for financial accounting of transactions of concession of the rights of monetary claim.";

in Item 26 to replace the word of "third" with the word of "fourth";

in Item 30:

the fourth to state part in the following edition:

"Penalties (penalties, penalty fee), the income from compensation of court costs, including the state fee, notarial rate according to which the court decree is accepted (the decision, the resolution, determination of court) or the executive text of the notary, except for specified in part five of Item 21 of this Instruction is made, are recognized financial accounting as operating incomes in that accounting period in which the court decree which took legal effect (the decision, the resolution, determination of court) or the document with committed executive text of the notary are received by National Bank, banks, in case of simultaneous observance of the conditions determined by subitems 18.1-18.3 of Item 18 of this Instruction.";

after part four to add Item with parts of the following content:

"The probability of receipt of the income specified in part four of this Item is determined by National Bank, banks independently as unconditional (high) or problem (low). Criteria of determination of probability of receipt of the income are established in the local legal act of National Bank, banks.

In case of failure to carry out at least of one of the conditions provided by part four of this Item, the amount of penalties (penalties, penalty fee), compensation of court costs, including the state fee, notarial rate specified in part four of this Item is not the income and is recognized the financial accounting according to the procedure determined in Item 40 of this Instruction.";

in word part five "the fourth Item 21" shall be replaced with words "Item 21 heel";

from parts six and the eighth "normative" to exclude the word;

in Item 31:

the fourth to exclude part;

part the sixth after the word "duty" to add with the words "notarial rate";

the seventh to state part in the following edition:

"The state fee and notarial rate, except for specified in part five of this Item, are recognized financial accounting as operating expenses in that accounting period in which their payment is made.";

"normative" to exclude the word from part nine;

state Item 32 in the following edition:

"32. The income from reduction of reserves is recognized financial accounting in that accounting period in which there is reduction of reserves, and also in that accounting period in which the amounts on the debt which is earlier written off at the expense of the created reserves are received.

Expenses on contributions to reserves are recognized financial accounting in that accounting period in which there is forming (increase) of reserves.";

Item 38 after the word "penalty fee)" to add with words ", other payments";

state Item 40 in the following edition:

"40. If the probability of receipt of the income specified in Item 21 and part four of Item 30 of this Instruction is problem (low), then the amount of the added percent, the commissions, penalties (penalties, penalty fee), compensations of court costs, including the state fee, notarial rate is reflected in financial accounting in the corresponding off-balance account on accounting of the added percent, the commissions, penalties (penalties, penalty fee), other payments with the frequency established by National Bank, banks in the local legal act, and in the last working day of the accounting period.";

Item 41 after the word "penalty fee)" to add with words ", other payments";

in Item 43:

the paragraph third parts one after the word "penalty fee)" to add with words ", other payments";

third to state the paragraph to part two in the following edition:

"the uncollected (half-received) amounts which are registered on off-balance accounts on accounting of the added percent, the commissions, penalties (penalties, penalty fee), other payments, belong into the corresponding off-balance accounts on accounting of interest arrears, the commissions, penalties (penalties, penalty fee), other payments.";

state Item 45 in the following edition:

"45. The amounts of the added (overdue) percent, the commissions, penalties which are registered on off-balance accounts (penalties, penalty fee), compensations of court costs, including the state fee, notarial rate are considered on these accounts until their recognition in financial accounting as the corresponding income according to Item 41 of this Instruction, upon obtaining or before their recognition by bank hopeless to obtaining and write-offs into the corresponding off-balance accounts on accounting of the debt which is written off because of impossibility of collection. Their further accounting is performed according to the procedure, provided by part three of Item 33 of this Instruction.";

to exclude the word of "(cancellation)" from Item 63 part one;

the third or fifth Item 66 to state parts in the following edition:

"Financial accounting of contributions to reserves according to the added and uncollected income is performed on the corresponding balance sheet accounts of group 74 "Expenses on contributions to reserves" of the chart of accounts of National Bank, group 94 "Expenses on contributions to reserves" of the Chart of accounts of banks.

Financial accounting of reduction of reserves according to the added and uncollected income is performed on the corresponding balance sheet accounts of group 64 "The income from reduction of reserves" of the chart of accounts of National Bank, group 84 "The income from reduction of reserves" of the Chart of accounts of banks.

At the same time reduction of the reserves according to the added and uncollected income created in foreign currency is reflected in financial accounting of banks in the corresponding balance sheet accounts of group 84 "The income from reduction of reserves" of the Chart of accounts of banks in Belarusian rubles on the official rate for transaction date on reduction of reserves according to the added and uncollected income.";

the second Item 67 to state part in the following edition:

"If on the client who is subject to debt write-off according to the income, the issuer recognized by bank hopeless to obtaining, the reserve was not created or is created in the amount of less than 100 percent from outstanding amount, before its write-off the reserve doformirovaniye up to the specified size is performed.";

state Item 68 in the following edition:

"68. The means which arrived on earlier written off at the expense of the created reserves of debt on the income, are enlisted into the corresponding balance sheet accounts of group 64 "The income from reduction of reserves" of the chart of accounts of National Bank, group 84 "The income from reduction of reserves" of the Chart of accounts of banks, except for the means which arrived from sale of the rights of monetary claim on such debt which are enlisted according to the Instruction for financial accounting of transactions of concession of the rights of monetary claim.";

2.2. in the resolution of Board of National Bank of the Republic of Belarus of May 13, 2011 No. 176 "About approval of the Instruction for financial accounting of forming and use of special reserves on covering of possible losses in banks and the non-bank credit and financial organizations of the Republic of Belarus":

to exclude from the name of the word "in banks and the non-bank credit and financial organizations of the Republic of Belarus";

state Item 1 in the following edition:

"1. Approve the Instruction for financial accounting of forming and use of special reserves on covering of possible losses it (is applied).";

in the Instruction for financial accounting of forming and use of special reserves on covering of possible losses in banks and the non-bank credit and financial organizations of the Republic of Belarus approved by this resolution:

to exclude from the name of the word "in banks and the non-bank credit and financial organizations of the Republic of Belarus";

in Item 1:

in paragraph one:

shall be replaced with words the words "and non-bank credit and financial organizations of the Republic of Belarus" ", the non-bank credit and financial organizations and "Development Bank of the Republic of Belarus" open joint stock company;

after the word "banks" to add with words ", "Development Bank of the Republic of Belarus" open joint stock company;

words" (2006, No. 184, 8/15214)" to exclude the national register of legal acts of the Republic of Belarus;

third to exclude the paragraph;

to it to state Item 2 and the interlinear note in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info