RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of September 8, 2023 No. 53

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

Based on the paragraph of the twelfth of part one of Article 8, Article parts four 55, parts one of article 58 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", paragraphs two, the fifth, tenth, twelfth, fourteenth, sixteenth Item 1 of Article 5, parts three of Item 10 of Article 27 and Item 5 of article 29 of the Law of the Republic of Belarus of July 17, 2017 No. 52-Z "About investment funds", parts three of subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market", paragraphs two, the seventh and thirteenth Item 2, parts two of Item 14 and part one of Item 22 of the Regulations on financing of the commercial organizations under concession of the rights (requirements) at the expense of the funds raised by bond emission or with the subsequent bond emission, No. approved by the Presidential decree of the Republic of Belarus of May 11, 2017 154, of paragraph two of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of September 10, 2009 No. 1163 "About authority delegation to the Ministry of Finance", 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, the Ministry of Finance of the Republic of Belarus DECIDES:

1. Make changes to the following resolutions of the Ministry of Finance of the Republic of Belarus:

1.1. in the Instruction about procedure for disclosure of information in the security market approved by the resolution of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 43:

in Item 7 of the word "about economic insolvency (bankruptcy)" shall be replaced with words "about insolvency or bankruptcy (further - bankruptcy)";

to add Item 9 part one after the words "audit opinion on" with the word "annual";

state Item 10-2 in the following edition:

"10-2. The guarantor before date of the actual repayment of bond issue (except for housing bonds) which guarantee provides obligation fulfillment of their issuer, as a part of the annual statement reveals audit opinion according to the annual accounting and (or) financial reporting of the guarantor (except as specified releases from statutory audit of the annual accounting and (or) financial reporting) who is subject to statutory audit with the frequency established in Item 1-1 of the resolution which approved this Instruction.

The guarantor before date of the actual repayment of release of housing bonds which guarantee provides obligation fulfillment of their issuer as a part of the annual statement reveal:

audit opinion according to the annual accounting and (or) financial reporting of the guarantor;

audit opinion by results of audit of reliability of calculation of net assets value of the guarantor.

Information specified in parts one and the second this Item reveals by placement on EPFR, and also on the official site of the guarantor on the global computer Internet (in case of its availability) (further - the official site of the guarantor), and in case of lack of the official site of the guarantor - on the official site of the central depositary no later than July 1 of the year following after year of carrying out statutory audit of its annual accounting and (or) financial reporting constituted according to the legislation of the Republic of Belarus.";

in Item 11:

to add the paragraph of the seventh part one after the words "audit opinion on" with the word "annual";

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

"The issuer of housing bonds as a part of the annual statement in addition reveal:

audit opinion by results of audit of reliability of calculation of net assets value of the issuer of housing bonds;

results of obligatory examination of reliability of independent value assessment of the property pledged for the purpose of ensuring obligation fulfillment of the issuer according to housing bonds who is carried out according to the frequency established in part three of subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of May 4, 2021 No. 176 "About housing bonds";

audit opinion by results of audit of target use within accounting year of the raised money on construction of facilities of housing construction by issue of housing bonds.";

third after the words "Audit Opinion on" to add part with the word "annual";

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

"Information specified in part two of this Item reveals issuers of housing bonds as a part of the annual statement no later than July 1.";

in part four of the word of "first or third" shall be replaced with words "first, third and fourth";

in Item 14:

"audit opinion on" to add part one after words with the word "annual";

the second after the words "audit opinion on" to add part with the word "annual";

in part one of subitem 19.2 of Item 19 of the word "about economic insolvency (bankruptcy) (further-bankruptcy)" shall be replaced with words "about bankruptcy";

in Item 20-1 part one shall be replaced with words the word "accounting" "annual accounting";

in appendix to this Instruction:

in forms 1, the 2 and 3 word" (" shall be replaced with words position "(the name of position of the employee";

in the form of 4 words "Post" and "(" to replace position respectively with the words "Name of Position of the Employee" and "(the name of position of the employee";

in item 4 of form 7 of the word "about economic insolvency (bankruptcy) (further-bankruptcy)" and "economic insolvency (bankruptcy)" to replace respectively with the words "about insolvency or bankruptcy" and "insolvencies or bankruptcies";

1.2. in the Instruction about procedure for the issue, the address and repayment of housing bonds approved by the resolution of the Ministry of Finance of the Republic of Belarus of June 30, 2016 No. 54:

in the paragraph the second shall be replaced with words parts three of Item 5 of the word of "the eighth Article 24" "the first Article 25-1";

in part two of Item 6 of the word "the decision on release" shall be replaced with words "prospectus of the issue";

"the decision on release of housing bonds and" to exclude from Item 7 of the word;

exclude Item 8;

in Item 9:

in paragraph one "part" shall be replaced with words the word "parts five and";

" (in case of its carrying out according to the legislation for decision date on release of housing bonds)" to exclude from word paragraph two;

word in paragraph four of "decision making about release" shall be replaced with words "approvals of the prospectus of the issue";

add Item with paragraphs of the following content:

"results of obligatory examination of reliability of independent value assessment of the property pledged for the purpose of ensuring obligation fulfillment of the issuer according to housing bonds;

audit opinion according to the annual accounting and (or) financial reporting of the issuer of housing bonds, and in case of issue of housing bonds, obligations of the issuer according to which are provided with the guarantee, - also audit opinion according to the annual accounting and (or) financial reporting of the guarantor (guarantors), containing the unmodified auditor opinion expressed by auditing organization (the auditor performing activities as the individual entrepreneur) for this reporting;

the audit opinion confirming reliability of calculation of net assets value of the issuer of housing bonds, and in case of issue of housing bonds, obligations of the issuer according to which are provided with the guarantee, - also audit opinion confirming reliability of calculation of net assets value of the guarantor (guarantors).";

add the Instruction with Item 9-1 of the following content:

"9-1. The audit opinions specified in paragraph seven of Item 9 of this Instruction are constituted for the accounting year preceding year in which the legal entity addressed for implementation of state registration of release of housing bonds.

The audit opinions specified in paragraph eight of Item 9 of this Instruction are constituted for January 1 of year in which the legal entity addressed for implementation of state registration of release of housing bonds.";

to add Item 10 after part one with part of the following content:

"In case of replacement of the guarantor, provision of the additional guarantee according to obligations of the issuer according to housing bonds the issuer of housing bonds makes changes and (or) additions to the prospectus of the issue of housing bonds regarding inclusion in it of audit opinions, the specified in paragraphs seven and the eighth Item 9 of this Instruction, constituted taking into account the requirements established in Item 9-1 of this Instruction for the new guarantor (new guarantors).";

"the decision on release of housing bonds and" to exclude from part one of Item 12 of the word;

from part one of Item 13 of the word "the decision on release of housing bonds," to exclude;

1.3. in the resolution of the Ministry of Finance of the Republic of Belarus of December 15, 2017 No. 49 "About some questions of implementation of transactions of securitization":

in preamble:

words of "the paragraph of third" shall be replaced with words "parts two";

exclude the words "About Financing of the Commercial Organizations under Concession of the Rights (Requirements)";

shall be replaced with words the words "About Some Questions of Issue (Issue), the Address and Repayment of Securities" "About authority delegation to the Ministry of Finance";

exclude the words "Questions of the Ministry of Finance of the Republic of Belarus";

in Item 1:

in paragraph three of part two of subitem 1.1 of the word "about economic insolvency (bankruptcy)" shall be replaced with words "about insolvency or bankruptcy";

in subitem 1.3 part three:

word in paragraph three of "decision making about bond issue" shall be replaced with words "approvals of the prospectus of the issue of bonds";

"the decision on bond issue and" to exclude from the paragraph of the seventh word;

in subitem 1.4 part three:

state paragraph two in the following edition:

"perform replacement of ensuring obligation fulfillment on bonds according to the procedure, established by the legislation on securities if ensuring obligation fulfillment on this bond issue was provided by the special financial organization according to the prospectus of the issue of bonds;";

"the decision on bond issue and" to exclude from the paragraph of the third word;

1.4. in the resolution of the Ministry of Finance of the Republic of Belarus of June 1, 2018 No. 41 "About approval of the Instruction about procedure for issue, the address and repayment of investment shares":

in preamble of the word "About Some Questions of Issue (Issue), the Address and Repayment of Securities" shall be replaced with words "About authority delegation to the Ministry of Finance";

in the Instruction about procedure for the issue, the address and repayment of investment shares approved by this resolution:

in the paragraph the fourteenth Item 11 of the word "economically insolvent (bankrupts)" shall be replaced with words "insolvent or bankrupts";

in part one of Item 16 of the word "information resource of the security market" shall be replaced with words "the portal of the financial market".

2. This resolution becomes effective after its official publication.

 

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