RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of March 21, 2022 No. 14

About approval of regulations of ministerial procedures

Based on the paragraph of third of article 9-1 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585, of the paragraph of third subitem 70.1 of Item 70 of the Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data of the Council of Ministers of the Republic of Belarus approved by the resolution of February 27, 2023 154, the Ministry of Finance of the Republic of Belarus DECIDES: No.

1. Approve:

The regulations of the ministerial procedure performed concerning subjects of managing according to the subitem * 14.8.1 "Receipt of the license for implementation of professional and exchange activity on securities" (are attached);

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* For the purposes of this resolution the subitem is understood as the subitem of Item of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.8.2 "Change of the license for implementation of professional and exchange activity on securities" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.9.1 "Receipt of the license for implementation of insurance activity" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.9.2 "Change of the license for implementation of insurance activity" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.11.1 "Receipt of the certificate of calculations for the budget loans obtained from the republican budget, loans, the performed guarantees of the Government of the Republic of Belarus" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.11.2 "Receipt of the certificate of calculations for the budget loans obtained from the local budget, loans, the performed guarantees of local executive and administrative organs" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.12.1 "Receipt of the registration certificate of the form of security and the document with certain degree of protection, and also the document with certain degree of protection in the State register of forms of securities and documents with certain degree of protection, and also documents with certain degree of protection" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.12.4 "Receipt of the registration certificate of the device for control of authenticity of forms and documents in the State register of devices for control of authenticity of forms of securities and documents with certain degree of protection, and also documents with certain degree of protection" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.13.1 "Registration of release of exchange bonds, registration of the prospectus of the issue of exchange bonds" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.13.2 "Registration of the changes and (or) additions made to the prospectus of the issue of exchange bonds" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.16.1 "Receipt of the registration certificate of lottery in case of registration or re-registration of lottery" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.20.1 "Inclusion of the organization in the register of insurance agents of the Ministry of Finance" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.20.2 "Modification of the register of insurance agents of the Ministry of Finance" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.20.3 "Exception of the organization of the register of insurance agents of the Ministry of Finance" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.22.1 "Receipt of the registration certificate of video interactive game" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.23.1 "Receipt of the registration certificate of the legal entity who was not registered at the insurer in case of state registration, separate division of the legal entity, including representative office of the foreign organization, branch of the foreign legal entity by the Republic of Belarus as the insurer on compulsory insurance from labor accidents and occupational diseases" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.24.1 "Receipt of approval of circulation of forms of receipts on acceptance of cash and permission to their production" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.24.2 "Registration of forms of receipts on acceptance of cash" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.25.1 "Receipt of approval of individual rules of formation of insurance reserves" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.28.1 "Receipt of approval of prototype of sample of the form of security" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.29.1 "Receipt of approval of rules of the corresponding type of insurance, the change made to rules of insurance" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.31.1 "Receipt of consent to reorganization or liquidation of the special financial organization" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.32.1 "Receipt of permission by insurance company, the member of insurance company on alienation (acquisition) of shares (share in authorized fund) of insurance company, increase in the size of authorized fund at the expense of the means of the foreign investor and (or) insurance companies which are affiliated (dependent) economic societies in relation to these foreign investors" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.32.2 "Receipt by insurance company, insurance broker of permission to participation in creation outside the Republic of Belarus of insurance company and (or) insurance broker or on share acquisition (share in the authorized funds) of insurance company and (or) insurance broker created outside the Republic of Belarus" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.33.1 "Receipt by insurance company or insurance broker of permission to creation of separate division, including outside the Republic of Belarus" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.35.1 "Registration of release of depositary bonds, registration of the prospectus of the issue of depositary bonds" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.35.2 "Registration of the changes and (or) additions made to the prospectus of the issue of depositary bonds" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 22.3.1 "Receipt of the license for activities connected with precious metals and gemstones" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 22.3.2 "Change of the license for activities connected with precious metals and gemstones" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 25.3.1 "Receipt of the certificate of the Kimberley process (the certificate of the Republic of Belarus on the exported batches of the rough diamonds)" (are attached).

1-1. Establish form of information about workers of the license applicant (licensee) who will make (make) actions within implementation of the licensed type of activity, according to appendix.

2. This resolution becomes effective after its official publication.

Minister

Yu.M.Seliverstov

It is approved Ministry of Economics of the Republic of Belarus

Ministry of Taxes and Tax Collection of the Republic of Belarus

Operational analytical center in case of the President of the Republic of Belarus

 

Appendix

to the Resolution of the Ministry of Finance of the Republic of Belarus of March 21, 2022 No. 14

Form

Information about workers of the license applicant (licensee) who will make (makes) actions within implementation of the licensed type of activity

№ payment order	Surname, own name, middle name (if that is available)	Birth date	Data on the identity document	Identification number (in the presence)
1	2	3	4	5

 

No. 14 is approved by the Resolution of the Ministry of Finance of the Republic of Belarus of March 21, 2022

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.8.1 "Receipt of the license for implementation of professional and exchange activity on securities"

1. Features of implementation of ministerial procedure:

1.1. the name of authorized body (jurisdiction of ministerial procedure) – the Ministry of Finance;

1.2. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:

The law of the Republic of Belarus "About bases of ministerial procedures";

The law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market";

The law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing";

the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";

the resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154 "About licensing";

the resolution of the Ministry of Finance of the Republic of Belarus of January 3, 2023 No. 1 "About assessment of conformity";

1.3. other available features of implementation of ministerial procedure:

1.3.1. before decision making about provision (about refusal in provision) the licenses Ministry of Finance carries out assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements;

1.3.2. the additional bases for refusal in implementation of ministerial procedure in comparison with the Law of the Republic of Belarus "About bases of ministerial procedures" are determined in paragraphs the second or eighth part two of Item 3 of article 21 of the Law of the Republic of Belarus "About licensing";

1.3.3. ministerial procedure is performed concerning legal entities of the Republic of Belarus (further – the legal entity);

1.3.4. ministerial procedure is performed concerning the following works and (or) services:

broker activities;

dealer activities;

depository activity;

activities for trust management of securities;

clearing activities;

activities for the organization of the securities trading;

1.3.5. personal submission of the documents and (or) data specified in part one of subitem 2.1 of Item 2 of these Regulations is performed by the license applicant or his authorized representative with simultaneous production of documents, determined in Item 10 of the Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data, the Council of Ministers of the Republic of Belarus approved by the resolution of February 27, 2023 No. 154 (further – the Provision);

1.3.6. appeal of the executive decision is performed judicially.

2. Documents and (or) data necessary for implementation of ministerial procedure:

2.1. represented by the interested person:

Name of the document and (or) data	Requirements imposed to the document and (or) data	Form and procedure for submission of the document and (or) data
Statement for provision of the license	in form according to appendix 1 to the Provision also shall contain the data specified in subitem 70.1 of Item 70 of the Provision; information about workers of the license applicant who will make actions within implementation of the licensed type of activity joins in the statement in form according to appendix to the resolution which approved these Regulations	written: personally; by means of mail service; in electronic forme1 in the form of the electronic document with use of system of interdepartmental electronic document management of state bodies of the Republic of Belarus, national post electronic system or e-mail
The document confirming payment of the state fee (except as specified payments of the state fee by means of use of the automated information system of single settlement and information space)	shall conform to the requirements determined in parts of first or third of Item 6 of article 287 of the Tax Code of the Republic of Belarus
Copies of the constituent or other organizational and administrative documents of the legal entity determining the status of separate division of this legal entity in which the license applicant intends to perform the licensed type of activity
Calculation of net assets value on the first of submission of documents (it is not represented banks or the non-bank credit and financial organizations)
Calculation of values of coefficients of security of obligations with property and overdue obligations on the first of submission of documents (it is not represented banks or the non-bank credit and financial organizations)
The balance sheet on the first of submission of documents (it is not represented banks or the non-bank credit and financial organizations)

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1 The electronic document shall be signed by the digital signature developed with use of personal key which certificate of open key is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.

In case of filing of application personally in writing the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures";

2.2. required (received) by authorized body independently:

Name of the document and (or) data	The name of state body, other organization from which are requested the document and (or) data, or the state information resource (system) from which the necessary information in the automatic and (or) automated mode by means of the nation-wide automated information system shall be provided to authorized body (turn out)
Data concerning the license applicant	Single state register of legal entities and individual entrepreneurs
Data on availability (absence) at the head and workers of the license applicant of not removed or unspent conviction specified in paragraph three of subitem 70.1 of Item 70 of the Provision	Single state system of registration and accounting of offenses
Data on availability (absence) of finding of the license applicant in the procedures applied in course of production on the case of insolvency or bankruptcy	Unified state register of data on bankruptcy
Data on availability (absence) at the license applicant of the tax arrears, charges (duties), other obligatory payments in the budget	state information system "Software and Hardware Complex on Automation of Settlement Process of the Taxes Which Are Subject to Payment in the Budget, Charges (Duties) and to Submission to Tax Authorities of Tax Declarations (Calculations) in Electronic Form"
Data on availability (absence) at the license applicant of debt on executive documents within enforcement proceeding and (or) to other documents which are the basis for cash write-off from accounts in indisputable procedure	databank of enforcement proceedings";

3. Other actions made by authorized body on execution of the executive decision: entering of data on provision of the license into the state information system "Unified Register of Licenses".

4. Type and the amount of the payment levied when implementing ministerial procedure or the list of the costs connected with implementation of ministerial procedure – the state fee in the amount of 10 basic sizes.

No. 14 is approved by the Resolution of the Ministry of Finance of the Republic of Belarus of March 21, 2022

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.8.2 "Change of the license for implementation of professional and exchange activity on securities"

1. Features of implementation of ministerial procedure:

1.1. the name of authorized body (jurisdiction of ministerial procedure) – the Ministry of Finance;

1.2. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:

The law of the Republic of Belarus "About bases of ministerial procedures";

The law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market";

The law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing";

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