of August 15, 2022 No. 303
About change of regulatory legal acts of National Bank
Based on paragraphs two and third part one of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99 "About questions of regulation of leasing activities", Item parts four 4, paragraphs two and third Item 17 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 "About implementation of activities in the Forex curb market", paragraphs of the second or fourth of part four of Item 3 of the Presidential decree of the Republic of Belarus of October 23, 2019 No. 394 "About provision and attraction of loans", Item parts two 5, parts one, paragraph two of part two of Item 6 and Item 7 of the Regulations on procedure of microfinancial activities approved by the Presidential decree of the Republic of Belarus of October 23, 2019 No. 394, of paragraphs of the fifth and sixth of part one of Item 2 and item 4 of the Regulations on activities of the operator of service of online borrowing and the agreements signed by means of this service No. approved by the Presidential decree of the Republic of Belarus of May 25, 2021 196, and parts 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. Make changes to the following resolutions of Board of National Bank of the Republic of Belarus:
1.1. in the resolution of Board of National Bank of the Republic of Belarus of June 30, 2014 No. 423 "About establishment of application forms and certificates on inclusion in the register of the leasing organizations and approval of the Instruction on procedure for creation and maintaining the register of the leasing organizations":
in the name of the word "application forms and" to replace with the word "forms";
"paragraph two of part one of subitem 1.5 and" to exclude from word preamble;
state Items 1 and 2 in the following edition:
"1. Establish form of the certificate on inclusion in the register of the leasing organizations according to appendix.
2. Approve the Instruction about procedure for creation and maintaining the register of the leasing organizations it (is applied).";
in appendix 2 to this resolution:
in signature stamp of appendix of the word "Appendix 2" to replace with the word "Appendix";
exclude the words "Republic of Belarus";
in the Instruction about procedure for creation and maintaining the register of the leasing organizations approved by this resolution:
state Item 2 in the following edition:
"2. For the purposes of this Instruction the terms "leasing activities" and "leasing organization" have the values determined respectively by paragraphs to the second and fifth part one of subitem 1.3 of Item 1 of the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99.";
to exclude from Item 3 of the word "The Republic of Belarus (Further — National Bank)";
in item 4:
add subitem 4.2 with words ", being unique five-symbolical code allowing to identify the leasing organization in case of submission of the reporting and other information to National Bank";
the fourth subitem 4.4 to add the paragraph with words "(further – the Internet)";
in Item 5:
in part one:
"global computer" to exclude words;
add part with words ", legislations on personal data";
"global computer" to exclude from word part two;
state Item 6 in the following edition:
"6. The National Bank includes the legal entity in the register according to the legislation on ministerial procedures based on the documents provided by paragraphs the second or fourth parts one of subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99.";
exclude Items 7 and 8;
to add Item 9 after the word "statements" with the words "about inclusion in the register of the leasing organizations";
add Item 10 with the words "about inclusion in the register of the leasing organizations";
in Item 11:
exclude the words "about inclusion or";
the word "subitem" shall be replaced with words "subitem parts four";
state Item 12 in the following edition:
"12. When losing of the certificate by the leasing organization or its spoil the National Bank according to the statement of the leasing organization issues the duplicate of the certificate according to Item 2 of article 281 of the Law of the Republic of Belarus of October 28, 2008 to No. 433-Z "About bases of ministerial procedures".";
"global computer" to exclude from Item 15 of the word;
in Item 17:
in part one "heel" to replace the word with the word "sixth";
"global computer" to exclude from word part three;
exclude Item 19;
1.2. in the resolution of Board of National Bank of the Republic of Belarus of December 22, 2015 No. 761 "About establishment of application forms and certificates on inclusion in the register Forex companies and approval of the Instruction about procedure for forming and maintaining the register Forex companies":
state the name in the following edition:
"About the register Forex companies";
"paragraph two of part one and" to exclude from word preamble;
state Item 1 in the following edition:
"1. Establish form of the certificate on inclusion in the register Forex companies according to appendix.";
in appendix 2 to this resolution:
in signature stamp of appendix of the word "Appendix 2" to replace with the word "Appendix";
exclude the words "Republic of Belarus", "L. S.";
To be reworded as follows the instruction about procedure for forming and maintaining the register Forex companies approved by this resolution it (is applied);
1.3. in the resolution of Board of National Bank of the Republic of Belarus of April 15, 2020 No. 119 "About requirements to the microfinancial organizations and the register of the microfinancial organizations":
state preamble in the following edition:
"Based on paragraphs of the second or fourth of part four of Item 3 of the Presidential decree of the Republic of Belarus of October 23, 2019 No. 394 "About provision and attraction of loans", Item parts two 5, parts one, paragraph two of part two of Item 6 and Item 7 of the Regulations on procedure of microfinancial activities approved by the Presidential decree of the Republic of Belarus of October 23, 2019 No. 394, of part one of article 39 of the Bank code of the Republic of Belarus Board of National Bank of the Republic of Belarus DECIDES:";
in Item 1:
state subitem 1.5 in the following edition:
"1.5. requirements to goodwill imposed to the head of the microfinancial organization, and also to person fulfilling its duties more than four months are:
lack of the outstanding or not removed criminal record for crime execution against property and procedure of economic activity;
lack of the resolution of criminal prosecution authority on initiation of legal proceedings concerning person or attraction it as the suspect or the person accused on criminal case;
lack of the fact of participation in implementation, financing or other complicity in implementation of terrorist, extremist activities, distribution of weapons of mass destruction or legalization of income gained in the criminal way;
absence within the last twelve months of the facts of discharge from post of the head of the microfinancial organization, the leasing organization, the operator of service of online borrowing or Forex company upon the demand of National Bank;
absence within the last twelve months of the facts of management of the legal entity excluded from the register of the microfinancial organizations, the register of the leasing organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;
absence within the last twelve months of the facts of participation as the founder (participant), the owner of property, beneficial, other owner in the legal entity excluded from the register of the microfinancial organizations, the register of the leasing organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;";
add Item with subitem 1.7 of the following content:
"1.7. for the purposes of this resolution:
specialties of legal profile – specialties on which according to the Nation-wide qualifier of the Republic of Belarus to OKRB 011-2009 "Specialties and qualifications", the approved resolution of the Ministry of Education of the Republic of Belarus of June 2, 2009 No. 36, appropriates qualification in which name the word "lawyer" of the directions of education "Right", "Management" of profile of education "Communications is used. Right. Economy. Management. Economy and production organization";
specialties of economic profile – specialties on which according to the Nation-wide qualifier of the Republic of Belarus "Specialties and qualifications" qualification in which name the words "economist", "financier", "accountant", "crisis management specialist", "specialist of banking" of the directions of education "Economy", "Management", "Electronic economy" of education profile "Communications are used is appropriated to OKRB 011-2009. Right. Economy. Management. Economy and production organization".";
To be reworded as follows the instruction about the register of the microfinancial organizations approved by this resolution it (is applied);
1.4. in the resolution of Board of National Bank of the Republic of Belarus of November 19, 2021 No. 347 "About requirements to official and other persons of operators of services of online borrowing and the register of operators of services of online borrowing":
in paragraph eight of subitem 1.3 of Item 1 to replace the word of "five hundred" with the word of "two hundred";
in the Instruction about the register of operators of services of online borrowing approved by this resolution:
from the paragraph of third Item 1 of the word "form and content of the statement for inclusion in the register, the list of the documents attached to it," to exclude;
in subitem 3.4 of Item 3:
to add the paragraph of the sixth after the word "Internet" with words "(further – the Internet)";
"global computer" to exclude from the paragraph of the tenth word;
4, of paragraph two of Item 21 of the word "global computer" to exclude from Item;
state Items 5 and 6 in the following edition:
"5. For inclusion in the register the commercial organization submits in National Bank the application for inclusion in the register of operators of services of online borrowing (further – the statement for inclusion in the register) in form according to appendix to Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.1 "Inclusion in the register of operators of services of online borrowing with receipt of the certificate on inclusion in the register of operators of services of online borrowing" approved by the resolution of Board of National Bank of the Republic of Belarus of April 18, 2022 No. 164.
6. The documents provided by subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.1 "Inclusion in the register of operators of services of online borrowing with receipt of the certificate on inclusion in the register of operators of services of online borrowing" are enclosed to the application for inclusion in the register.";
exclude Item 7;
in part one of Item 8 of the word "Items 2.14-2.142 of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of February 17, 2012 No. 156 (further – the list)" shall be replaced with words "subitems 14.34.1 and 14.34.3 of Item 14.34 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";
state Item 9 in the following edition:
"9. The National Bank refuses to the commercial organization adoption of the statement for inclusion in the register in the cases provided by Items 1-4 of article 17 of the Law of the Republic of Belarus "About bases of ministerial procedures".";
state Items 11 and 12 in the following edition:
"11. Inclusion of the commercial organization in the register is confirmed by the certificate granted by National Bank in form according to appendix.
12. During the losing or spoil the National Bank according to the statement of the operator of service of online borrowing grants certificates the duplicate of the certificate according to Item 2 of article 281 of the Law of the Republic of Belarus "About bases of ministerial procedures".";
in Item 13 of the word "Item 2.142 of the list" shall be replaced with words "subitem 14.34.3 of Item 14.34 of the single list of the ministerial procedures performed concerning subjects of managing";
state Items 14 and 15 in the following edition:
"14. The operator of service of online borrowing within ten working days from the date of approach of corresponding changes directs the application for modification of the register of operators of services of online borrowing to National Bank according to the procedure and with application of documents, the established subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.3 "Modification of the register of operators of services of online borrowing, exception of the register of operators of services of the online borrowing" approved by the resolution of Board of National Bank of the Republic of Belarus of April 18, 2022 No. 164, with indication of date to which there were declared changes.
15. The National Bank refuses adoption of the statement for modification of the register of operators of services of online borrowing if the operator of service of online borrowing:
not all documents provided by subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.34.3 "Modification of the register of operators of services of online borrowing, exception of the register of operators of services of online borrowing" are submitted;
the procedure for filing of application is broken;
date of approach of changes is not specified in the statement.";
exclude Item 17;
in the paragraph the second shall be replaced with words parts one of Item 18 of the word "according to the procedure, established by paragraphs to the second and third part two of Item 6 of this Instruction" "according to requirements imposed to it and the procedure for representation determined in subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing by subitem 14.34.3 "Modification of the register of operators of services of online borrowing, exception of the register of operators of services of online borrowing";
to exclude figure "2" from signature stamp of appendix 2 to this Instruction.
2. This resolution becomes effective after its official publication.
First Deputy Chairman of the board
S. V. Kalechits
Approved by the Resolution of Board of National Bank of the Republic of Belarus of December 22, 2015 No. 761
(in edition of the Resolution of Board of National Bank of the Republic of Belarus of August 15, 2022 No. 303)
1. This Instruction determines procedure for forming and maintaining the register Forex companies (further, unless otherwise specified, – the register).
2. For the purposes of this Instruction to Forex companies the legal entities specified in the paragraph the second to part one of Item 1 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 belong.
3. Maintaining the register is performed by National Bank on electronic media.
4. In the register are specified:
4.1. number and date of the certificate on inclusion in the register Forex companies (further – the certificate);
4.2. identification code, the assigned Forex company which is the unique five-symbolical code allowing to identify Forex company in case of submission of the reporting and other information to National Bank;
4.3. number and date of the decision on exception Forex company from the register;
4.4. data about Forex company:
the name (complete and reduced);
accounting number of the payer;
date of state registration of the legal entity;
the name of the body which performed state registration of the legal entity;
location;
the postal address, contact telephone number, the e-mail address, the address of the official site on the global computer Internet (further – the Internet);
size of authorized fund of the legal entity;
information about the head, the chief accountant (accountant) or the other person performing conducting financial accounting;
information about the head and the staff of the structural division exercising internal control;
information about founders (participants) of the legal entity;
information on the termination, suspension, renewal by the legal entity of activities in the Forex curb market;
information on loss of the certificate and the issued duplicate;
data on the made decisions (requirements, instructions) within control of activities in the Forex curb market.
5. The register is published on the official site of National Bank in the Internet in open access taking into account requirements of the legislation on information, informatization and information security, the legislation on personal data.
6. For inclusion in the register the legal entity Forex companies (further – the statement) in form according to appendix to Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 14.21.1 "Inclusion in the register Forex companies with receipt of the certificate on inclusion in the register Forex companies", to No. approved by the resolution of Board of National Bank of the Republic of Belarus of April 18, 2022 164, with application of copies of the documents provided by subitem 2.1 of Item 2 of these Regulations submits in National Bank the application for inclusion in the register.
7. In case of change of the data specified in the statement, except for data on position assignment and dismissal of the head Forex company, the staff of the structural division exercising internal control (including the head of this division), Forex company within ten working days from the date of change of data Forex companies with indication of date of their approach and application of documents, the provided subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 14.21.3 "Modification of the register Forex companies, exception of the register Forex companies", the Board of National Bank of the Republic of Belarus approved by the resolution of April 18, 2022 No. 164 directs to National Bank the application for modification of the register.
In case of change of data on position assignment and dismissal of the head Forex company, and also the staff of the structural division exercising internal control (including the head of this division), Forex company in five-day time from the date of appointment and dismissal of the specified officials sends to National Bank the notification on entering into the register Forex companies of the changes with indication of date of their approach and application of documents provided by subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.21.3 "Modification of the register Forex companies, exception of the register Forex companies".
8. During the losing or spoil National Bank according to the statement Forex company grants certificates the duplicate of the certificate according to Item 2 of article 281 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures".
9. The exception Forex company from the register in case of exception Forex company as legal entity from the Single state register of legal entities and individual entrepreneurs is performed by National Bank based on the data containing in the Single state register of the legal entities and individual entrepreneurs received by National Bank by means of the Internet. Date of exception Forex company from the register is recognized date of its exception of the Single state register of legal entities and individual entrepreneurs or date of introduction in it of record about the termination of activities of the legal entity. In this case the National Bank does not notify the legal entity about exception of the register.
In case of decision making about exception Forex company from the register on the bases provided in paragraphs by fourth or pole of part eight of item 4 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231, National Bank sends the registered mail to Forex company the adequate notice. Date of exception Forex company from the register steps on the sixth working day following behind day of registration in National Bank of the notification on exception Forex company from the register.
10. In case of exception Forex company from the register the certificate is considered cancelled from decision date about exception Forex company from the register, or dates of its exception of the Single state register of legal entities and individual entrepreneurs, or dates of introduction in it of record about the termination of activities of the legal entity.
Approved by the Resolution of Board of National Bank of the Republic of Belarus of April 15, 2020 No. 119
(in edition of the Resolution of Board of National Bank of the Republic of Belarus of August 15, 2022 No. 303)
1. This Instruction establishes:
procedure for creation and maintaining the register of the microfinancial organizations * (further, unless otherwise specified, – the register), including procedure for modification of the register;
procedure for inclusion of the microfinancial organizations in the register, including form of the certificate on inclusion in the register of the microfinancial organizations (further, unless otherwise specified, – the certificate), the refusal bases in adoption of the statement for inclusion of the legal entity in the register of the microfinancial organizations (further, unless otherwise specified, – the statement for inclusion in the register) and refusal in inclusion in the register;
procedure for exception of the register, including the basis of exception of the register, refusal in adoption of the statement for exception of the register of the microfinancial organizations and refusal in exception of the register.
______________________________
* For the purposes of this Instruction the organizations specified in subitems 2.1 and 2.2 of Item 2 of the Presidential decree of the Republic of Belarus of October 23, 2019 to No. 394 treat the microfinancial organizations.
2. In case of consideration of the applications of legal entities about implementation of the ministerial procedures provided by subitems 14.17.1 and 14.17.3 of Item 14.17 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, National Bank accepts one of executive decisions, the stipulated in Article 24 Laws of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures".
About the made executive decision in case of consideration of the applications, specified in part one of this Item, legal entities are notified according to article 27 of the Law of the Republic of Belarus "About bases of ministerial procedures".
3. Maintaining the register is performed by National Bank on electronic media.
4. In the register are specified:
4.1. date and number of the executive decision of National Bank about inclusion in the register, registration certificate number;
4.2. the identification code assigned for the microfinancial organization, which is the unique five-symbolical code allowing to identify the microfinancial organization in case of submission of the reporting and other information to National Bank;
4.3. date and number of the decision on exception of the microfinancial organization of the register;
4.4. data on the microfinancial organization:
the name (complete and reduced);
accounting number of the payer;
date of state registration and the name of the body which performed state registration;
location;
the postal address, contact telephone number, the e-mail address, the address (addresses) of the website (websites) on the global computer Internet (further – the Internet);
information about the head, the other person, the acting as the head of the microfinancial organization (in case of its temporary absence) more than four months, the chief accountant (accountant) or the other person performing financial accounting;
data of the documents confirming compliance of the head of the microfinancial organization to the qualification requirement established by subitem 1.4 of Item 1 of the resolution which approved this Instruction;
the size of authorized capital of the commercial microfinancial organization, including the sizes of the cash and non-cash deposits in the created authorized fund brought by residents and (or) nonresidents *;
size of share fund of the non-profit microfinancial organization;
information about founders (participants) or owner of property;
data on the place (places) of provision of microloans;
______________________________
* The terms "resident" and "nonresident" have the values determined respectively in subitems 1.10 and 1.11 of Item 1 of article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".
4.5. information on the termination, suspension, renewal by the legal entity of microfinancial activities;
4.6. information on the violations of the law allowed by the microfinancial organization and the taken corrective actions from National Bank;
4.7. information on the granted certificates and their duplicates.
5. The register is posted on the official site of National Bank on the Internet in the amount determined by National Bank and taking into account requirements of the legislation in the field of information, informatization and information security and also legislations on personal data.
6. For inclusion in the register the legal entity submits in National Bank the application for inclusion in the register in form according to appendix to Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.17.1 "Inclusion in the register of the microfinancial organizations with receipt of the certificate on inclusion in the register of the microfinancial organizations" approved by the resolution of Board of National Bank of the Republic of Belarus of April 18, 2022 No. 164, with application of copies of the documents provided by subitem 2.1 of Item 2 of these Regulations.
7. The National Bank considers the application for inclusion in the register and copies of documents attached to it in the terms established by subitem 14.17.1 of Item 14.17 of the single list of the ministerial procedures performed concerning subjects of managing.
8. Confirmation of the size of the authorized fund created on the date of filing of application about inclusion in the register (for the commercial organizations) and share fund (for non-profit organizations) the legal entity can be, in particular, (depending on procedure for forming of such funds):
copies of the payment and (or) cash documents confirming entering of money deposits into authorized or share fund;
bookkeeping registers on accounts of financial accounting in which information on settlings with the owner of property (founders, participants) the legal entity on deposits to its authorized capital, about availability and movement of authorized fund of the legal entity, with application of a copy of the document confirming the decision of the owner of property (founders, participants) on forming of authorized fund at the expense of means of retained earnings is reflected.
9. The National Bank refuses adoption of the statement for inclusion in the register in the cases provided by Items 1-4 of article 17 of the Law of the Republic of Belarus "About bases of ministerial procedures".
10. The additional bases for refusal in inclusion in the register to the stipulated in Clause 25 Laws of the Republic of Belarus "About bases of ministerial procedures" are:
discrepancy of the head of the legal entity to the qualification requirements and (or) requirements to goodwill imposed to the head of the microfinancial organization;
availability within the last twelve months before date of the statement for inclusion in the register of the facts of exception of the legal entity of the register of the microfinancial organizations, the register of the leasing organizations, the register Forex companies or the register of services of online borrowing for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;
non-compliance for date of the statement for inclusion in the register by the legal entity of requirements to the minimum size of authorized fund established by subitem 1.1 of Item 1 of the resolution which approved this Instruction and also to procedure for forming of authorized fund, stipulated in Item 7 Regulations on procedure of microfinancial activities (for the commercial organizations);
non-compliance by the legal entity for date of the statement for inclusion in the register of the requirements to the minimum size of share fund and to procedure for its forming established by subitems 1.2 and 1.3 of Item 1 of the resolution which approved this Instruction (for non-profit organizations);
discrepancy of non-profit organization to the criteria established in Item 5 of the Regulations on the non-profit microfinancial organizations approved by the Presidential decree of the Republic of Belarus of October 23, 2019 No. 394.
In case of refusal in inclusion in the register in the notification on the decision made by National Bank causes of failure are specified.
11. Inclusion of the legal entity in the register is confirmed by the certificate on inclusion in the register of the microfinancial organizations for form granted by National Bank according to appendix.
12. During the losing or spoil the National Bank according to the statement of the microfinancial organization grants certificates the duplicate of the certificate according to Item 2 of article 281 of the Law of the Republic of Belarus "About bases of ministerial procedures".
13. The microfinancial organization within ten working days directs to National Bank the application for modification of the register of the microfinancial organizations with indication of date of approach of change and application of documents provided by subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.17.3 "Modification of the register of the microfinancial organizations, exception of the register of the microfinancial organizations" approved by the resolution of Board of National Bank of the Republic of Belarus of April 18, 2022 No. 164, in the following cases:
in case of change of the data specified in the statement for inclusion in the register, except for data on the size of share fund (for the non-profit microfinancial organizations);
in case of fulfillment of duties of the head of the microfinancial organization (in case of its temporary absence) the other person more than four months.
14. The National Bank enters changes in register in the cases specified in paragraphs second and third Item 13 of this Instruction.
15. In case of change of the data specified in the certificate, the National Bank within five working days draws up the new certificate. Earlier granted certificate stops the action from the date of the new certificate (decision date about modification of the register).
16. The National Bank excludes the microfinancial organization from the register for the following bases:
according to the statement of the microfinancial organization, except as specified, stipulated in Item the 18th this Instruction. The statement of the non-profit microfinancial organization for exception of the register shall conform to the requirement to its content established by subitem 2.1 of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 14.17.3 "Modification of the register of the microfinancial organizations, exception of the register of the microfinancial organizations";
in case of exception of the legal entity, being the microfinancial organization, from the Single state register of legal entities and individual entrepreneurs or introduction in it of record about the termination of activities of the legal entity;
in case of systematic (two and more times within calendar year) non-execution (untimely execution) by the microfinancial organization of the instruction and (or) requirement of National Bank;
in case of the non-realization of microfinancial activities by the microfinancial organization within six months in a row revealed based on the reporting and other information provided in National Bank;
in case of non-compliance with Item 1 of the resolution which approved this Instruction, the minimum size of authorized fund and procedure for its forming, stipulated in Item 7 Regulations on procedure of microfinancial activities established for the commercial microfinancial organization by subitem 1.1.
The exception of the microfinancial organization of the register in case of its exception as legal entity from the Single state register of legal entities and individual entrepreneurs is performed without adoption of the relevant decision by National Bank based on containing in the specified register of the data received by means of the Internet. Date of exception of the microfinancial organization of the register date of its exception of the Single state register of legal entities and individual entrepreneurs is recognized. In this case the National Bank does not notify the microfinancial organization on exception of the register.
The exception of the microfinancial organization of the register for the bases provided by paragraphs the fourth or sixth parts one of this Item is performed within thirty calendar days following behind day of factual determination (facts) of violation.
17. The additional basis for refusal in adoption of the statement for exception of the non-profit microfinancial organization of the register to the stipulated in Clause 25 Laws of the Republic of Belarus "About bases of ministerial procedures" is not specifying in the statement of data on absence at this organization of unexecuted obligations for loans, including the microloans attracted from physical persons – the members of such organization who are not founders.
18. The additional bases for refusal of the microfinancial organization in exception of the register for its statement to the stipulated in Clause 25 Laws of the Republic of Belarus "About bases of ministerial procedures" are:
availability at the non-profit microfinancial organization of unexecuted obligations on loans, including the microloans attracted from physical persons – the members of such organization who are not founders;
carrying out by National Bank on the date of filing of application of selective or unscheduled inspection of activities of the microfinancial organization appointed according to the legislation.
19. The legal entity excluded from the register posts on the () the website (websites) on the Internet information on exception of the register no later than three working days following behind day of receipt of the notification on exception of the microfinancial organization of the register, except for the case specified in paragraph three of part one of Item 16 of this Instruction.
to the Instruction about the register of the microfinancial organizations
Form
The certificate No. _____ about inclusion in the register of the microfinancial organizations
Proves to be true present that ____________________________________________
(date of inclusion in the register)
_____________________________________________________________________________
(full name of the microfinancial organization)
it is included in the register of the microfinancial organizations.
The identification code ____________ is assigned.
|
Deputy |
_______________________ |
_____________________________ | |
|
(signature) |
(initials, surname) |
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The document ceased to be valid since May 25, 2025 according to item 4 of the Resolution of Board of National Bank of the Republic of Belarus of May 8, 2025 No. 108