of June 22, 2023 No. 44
About change of the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022 No. 11
Based on the paragraph of third Item 3 of the Presidential decree of the Republic of Belarus of June 25, 2021 No. 240 "About the ministerial procedures performed concerning subjects of managing", item 4 of Article 22, of Item 3 of Article 33, of Item 3 of Article 34, of Item 3 of article 35 of the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "About counteraction of monopolistic activities and development of the competition" of subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:
1. Bring in the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022 No. 11 "About approval of regulations of ministerial procedures in the field of counteraction of monopolistic activities and development of the competition" the following changes:
1.1. in Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.3.1 "Receipt of the document on the draft agreement compliance to requirements of the antitrust law" approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure 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 |
Need of legalization of the document (putting down of apostille) |
|
statement for issue of the document on draft agreement compliance to requirements of the antitrust law |
in form according to appendix 1 |
in writing: |
|
|
data on core activities, main types of goods (works, services) of each of the business entities intending to sign the agreement |
in form according to appendix 2 | ||
|
information about persons entering one group of persons with each of the business entities intending to sign the agreement |
in form according to appendix 3 | ||
|
when implementing by persons entering one group of persons, in the market of interchangeable (similar) goods in which the managing subject(s) intending to sign the agreement performs (ют) activities data on core activities, main types of goods (works, services) of such persons are in addition represented to activities |
in form according to appendix 2 | ||
|
draft agreement |
|||
|
business entities – nonresidents of the Republic of Belarus in addition are represented: |
the statement shall be: |
legalization is required"; | |
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
to add appendix 1 to these Regulations with Items 5 and 6 of the following content:
"5. The information about the main consumers, suppliers of raw materials (materials) and component parts necessary for production of goods (works, services), each of the business entities intending to sign the agreement _______________.
6. The information about prime vendors of goods (works, services) delivered on the same goods markets on which deliver goods (works, services) the business entities intending to sign the agreement ______________________________.";
1.2. part one of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 2.8.1 "Receipt of the document on consent to reorganization of business entities – legal entities in the form of merge or accession, creation of association, union, national association", approved by this resolution to state in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure 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 |
|
the statement for issue of the document on consent to reorganization of business entities – legal entities in the form of merge or accession, creation of association, union, national association |
in form according to appendix 1 |
in writing: |
|
the documents confirming the decision of founders, participants, the owner of property about entry into the union, association, national association (further – consolidation), about reorganization (for the state unitary enterprises – the draft decision of authorized body (organization) |
||
|
data on core activities, main types of goods (works, services) of founders of consolidation, the reorganized commercial organizations |
in form according to appendix 2 | |
|
copies of the balance sheet of the reorganized business entities (except for the organizations which are not constituting accounting records according to the legislation); copies of the balance sheet of founders of the created associations of business entities (legal entities) – in case of filing of application about issue of the document on consent to consolidation creation (except for the organizations which are not constituting accounting records according to the legislation) |
it is represented on the last reporting date preceding date of filing of application | |
|
information about persons entering one group of persons with each founder of consolidation with each reorganized commercial organization |
in form according to appendix 3 | |
|
when implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods (whether) on which perform activities the founder of consolidation, the reorganized commercial organization(s), data on core activities, main types of goods (works, services) of such persons are represented |
in form according to appendix 2 | |
|
the draft of the charter of the created consolidation, the draft of the charter of the commercial organization created as a result of reorganization in the form of merge, the project of changes and (or) amendments in the charter of the reorganized commercial organization in the form of accession (in case of their availability) |
1.3. part one of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.2 "Receipt of the document on consent to creation of the commercial organization" approved by this resolution to state in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure 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 |
Need of legalization of the document (putting down of apostille) |
|
statement for issue of the document on consent to creation of the commercial organization |
in form according to appendix 1 |
in writing: |
|
|
copies of the documents confirming decision making about creation of the commercial organization |
|||
|
the copy of the balance sheet of the commercial organization, the share (share in authorized fund) and (or) property of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet with the profit and loss statement (except for the organizations which are not constituting accounting records according to the legislation); copies of the balance sheet of founders of the created commercial organization (legal entities) (except for the organizations which are not constituting accounting records according to the legislation) |
it is represented on the last reporting date preceding date of filing of application | ||
|
copies of the transfer act or the separation balance sheet (in case of their availability) |
|||
|
data on core activities, main types of goods (works, services) of each of founders – legal entities of the created commercial organization, the commercial organization, the share (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization, shares (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet |
in form according to appendix 2 | ||
|
information about persons entering one group of persons with each of founders of the created commercial organization with the commercial organization, shares (share in authorized fund) of which serves as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which is acquired by the created commercial organization based on the transfer act or the separation balance sheet |
in form according to appendix 3 | ||
|
when implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods in which perform activities the founder(s) of the created commercial organization the commercial organization, shares (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, data on core activities, main types of goods (works, services) of such persons are represented |
in form according to appendix 2 | ||
|
the draft of the charter of the created commercial organization |
|||
|
founders – nonresidents of the Republic of Belarus in addition are represented: |
legalization is required"; | ||
|
the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: |
||
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
|||
|
if founders are physical persons, the biometric document proving their identity or the copy of other document proving their identity is submitted |
1.4. part one of Item 2 of Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.4 "Receipt of the document on consent to acquisition of voting shares (share in authorized funds) of the business entity" approved by this resolution to state in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure 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 |
Need of legalization of the document (putting down of apostille) |
|
the statement for issue of the document on consent to acquisition of voting shares (share in authorized funds) of business entity (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: |
|
|
the copy of the balance sheet of the business entity acquiring shares (share in authorized fund) and business entity, the share (share in authorized fund) of which are acquired, with the profit and loss statement (except for the organizations which are not constituting accounting records according to the legislation) |
it is represented on the last reporting date preceding date of filing of application | ||
|
data on core activities, main types of goods (works, services) of the acquirer and business entity, the share (shares in authorized fund) of which are acquired |
in form according to appendix 2 | ||
|
information about persons entering one group of persons separately with the acquirer and business entity of the share (share in authorized fund) of which is acquired |
in form according to appendix 3 | ||
|
when implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods in which perform activities the acquirer business entity, shares (share in authorized fund) of which are acquired, represented data on core activities, main types of goods (works, services) of such persons |
in form according to appendix 2 | ||
|
the draft document which draws up transaction on acquisition of voting shares (share in authorized funds) of business entity |
|||
|
the acquirer – the nonresident of the Republic of Belarus in addition is represented: |
legalization is required"; | ||
|
the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: |
||
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
1.5. in Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 2.9.1 "Receipt of the document on consent to reorganization of the business entities holding dominant position, in the form of transformation to joint-stock companies", approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure 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 |
|
the statement for issue of the document on consent to reorganization of the business entities holding dominant position in the form of transformation to joint-stock companies |
in form according to appendix 1 |
in writing: |
|
the copy of the document confirming the decision of participants, the owner (authorized body (organization) about reorganization of the business entity holding dominant position in the form of transformation to joint-stock company |
||
|
data on core activities, main types of goods (works, services) of the reorganized business entity |
in form according to appendix 2 | |
|
information about persons entering one group of persons with the reorganized business entity |
in form according to appendix 3 | |
|
data on organizational structure of management of the reorganized business entity |
||
|
the project of the charter of joint-stock company created as a result of transformation |
||
|
the draft agreement about creation of joint-stock company (in case of its availability) |
to add appendix 1 to these Regulations with Items 5-8 of the following content:
"5. Data on possibility of organizational and (or) territorial isolation of structural divisions ________________________________________.
6. Data on availability (absence) of close technological interrelation of structural divisions ___________________________________________________.
7. Data on subject specialization of structural divisions ____________________________________________________________________________.
8. Data on availability (absence) of differentiation of fields of activity of structural divisions within narrow subject specialization ________________________.".
2. This resolution becomes effective after its official publication.
|
Minister |
A. I. Bogdanov |
|
It is approved Ministry of Economics of the Republic of Belarus |
|
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.