RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of June 18, 2020 No. 96

About change of resolutions of the Ministry of Justice of the Republic of Belarus

Based on paragraph one of part one of Item 19, parts two and third Item 22 of the Regulations on state registration of subjects of managing, paragraph two of part one and part two of Item 7 of the 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, of Item 10, of the paragraph of third of part one of Item 19 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, of paragraph two of part one of Item 7 of the Instruction on procedure for submission of electronic documents and their consideration by registering body the Republic of Belarus approved by the resolution of Council of Ministers of August 31, 2011 1164, Item parts two 5, Item parts one 12, of subitem 13.1 of Item 13 of the Regulations on procedure for the approval of names of commercial and non-profit organizations approved by the resolution of Council of Ministers of the Republic of Belarus of February 5, 2009 No. 154, and parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No.

1. Make changes 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 January 27, 2009 No. 8 "About implementation of the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1":

state preamble in the following edition:

"Based on paragraph one of part one and part two of Item 19, parts two and third Item 22 of the Regulations on state registration of subjects of managing, paragraph two of part one and part two of Item 7, the paragraph of third of part two of Item 13, parts three of Item 20 of the 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, of Item part two 5, of Item part one 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, Item part one paragraph two 5, Item paragraph two 6, Item part one paragraph two 7, Item paragraph two 8, Items 9, 10, Item part one paragraph two 11, Items 12, 19, Item parts two 22, Items 23 and 24 of the Instruction on procedure for submission of electronic documents and their consideration by registering body approved by the resolution of Council of Ministers of the Republic of Belarus of August 31, 2011 No. 1164, of part one of Item 5 of the Regulations on procedure for inclusion of state bodies and the state legal entities, provisions on whom are approved by acts of the legislation, in the Single state register of legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of January 8, 2013 No. 15, of part one of subitem 1.1 of Item 1 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", parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:";

add Item 1-2 with part of the following content:

"By reorganization of non-profit organization in the form of transformation to the commercial organization to registering body the application in form according to appendix 2 or 15, is submitted and by reorganization of the commercial organization in the form of transformation to non-profit organization - in form according to appendix 12 or 25.";

in appendix 1 to this resolution:

exclude the words "about administrative and criminal liability for pseudo-entrepreneurship, and also";

state the interlinear note "*****" in the following edition:

"***** For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.";

in the sheet A:

in Item 2 of the word "Residence" shall be replaced with words "The residence *";

" (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:

"* For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.

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

add leaf with the interlinear note "***" the following content:

"*** The sheet A is signed by the owner of property (founder) of the created legal entity or other physical person authorized according to notarially certified power of attorney to act on behalf of this owner of property (founder), in the presence of the authorized employee of registering body (the notary - in case of submission of documents to registering body by the notary), or authenticity of the signature of the applicant shall be attested notarially.";

in appendix 2 to this resolution:

 add Item 3 with subitem 3.7 of the following content:

 

"3.7. End date of powers of the previous head (the other person authorized according to constituent documents to act on behalf of the organization)";

 

"****" to state the interlinear note in the following edition:

"**** Sheets A and (or) B are filled in on each new owner of property (participant) of the legal entity, and also on the owner of property (participant) of the legal entity who resulted from transformation if acts of the legislation establish the requirement about inclusion in EGR of the corresponding data.";

state the interlinear note "******" in the following edition:

"****** For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.";

in the sheet A:

in Item 2 of the word "Residence" shall be replaced with words "The residence *";

" (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:

"* For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.

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

add leaf with the interlinear note "***" the following content:

"*** The sheet A is signed by the owner of property (member) of the legal entity or other physical person authorized according to notarially certified power of attorney to act on behalf of this owner of property (participant), in the presence of the authorized employee of registering body (the notary - in case of submission of documents to registering body by the notary), or authenticity of the signature of the applicant shall be attested notarially.";

in appendix 3 to this resolution:

in Item 3 of the word "The Residence (according to the Identity Document)" shall be replaced with words "The residence *";

in item 4 of the word "economic activity *" shall be replaced with words "economic activity **";

in Item 6 of the word "separate division **" shall be replaced with words "separate division ***";

exclude the words "about criminal liability for pseudo-entrepreneurship, and also";

" (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) *****";

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

"* The residence is specified according to data of registration accounting.

** The type of economic activity assumed to implementation as the basic according to the nation-wide qualifier of the Republic of Belarus OKRB 005-2011 "Types of economic activity" approved by the resolution of the State committee on standardization of the Republic of Belarus of December 5, 2011 No. 85 is specified. The code is specified at the level of five signs.

*** Item 6 of the statement is filled if when passing the procedure of state registration the citizen who addressed for state registration as the individual entrepreneur, initiates the direction registering body in bank, the non-bank credit and financial organization of information necessary for opening for the individual entrepreneur of the current (settlement) bank account. At the same time the documents provided by paragraphs to the second and fourth 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 individual entrepreneur in bank the non-bank credit and financial organization are not represented.

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

add appendix with the interlinear note "*****" of the following content:

"***** the Application is signed in the presence of the authorized employee of registering body (the notary - in case of submission of documents to registering body by the notary) the citizen who is registered as the individual entrepreneur, or authenticity of the signature of the applicant shall be attested notarially.";

in appendix 4 to this resolution:

in subitem 1.4 of Item 1 of the word of "the residence (it is specified according to the identity document)" shall be replaced with words "residences **";

in Item 2 of the word "economic activity **" shall be replaced with words "economic activity ***";

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

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

"** The residence is specified according to data of registration accounting.

*** The type of economic activity assumed to implementation as the basic according to the nation-wide qualifier of the Republic of Belarus OKRB 005-2011 "Types of economic activity" approved by the resolution of the State committee on standardization of the Republic of Belarus of December 5, 2011 No. 85 is specified. The code is specified at the level of five signs.";

add appendix with the interlinear note "****" the following content:

"**** The application is signed in the presence of the authorized employee of registering body (the notary - in case of submission of documents to registering body by the notary) the individual entrepreneur or authenticity of the signature of the individual entrepreneur shall be attested notarially.";

to be reworded as follows appendix 5 to this resolution it (is applied);

in appendix 6 to this resolution:

"legal scientific and practical" to exclude words;

"**" to state the interlinear note in the following edition:

"** The residence is specified according to data of registration accounting.";

in appendix 11 to this resolution:

state the interlinear note "*****" in the following edition:

"***** For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.";

in the sheet A:

in Item 2 of the word "Residence" shall be replaced with words "The residence *";

" (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:

"* For citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus it is specified according to data of registration accounting.

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

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