RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of May 31, 2023 No. 30

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

Based on paragraphs of the tenth or thirteenth, the fifteenth, twenty first, twenty fourth Article part one 8, of Article part fourteen 28, of parts four and the ninth Article 43, of the paragraph of the fourteenth of part one of Article 53-1, of part four of Article 55, of part one of article 58 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", subitem 1.4 and part 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", 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 resolution of the Ministry of Finance of the Republic of Belarus of April 5, 2016 No. 18 "About establishment of form of the requirement (instruction) about elimination of violations of the law about securities":

in the name of the word of "the requirement (instruction)" to replace with the word "instructions";

in word preamble "the fifth part two" shall be replaced with words "the twenty first parts one";

state Item 1 in the following edition:

"1. Establish instruction form of elimination of violations of the law of securities according to appendix.";

in appendix to this resolution:

"(supervising)" to exclude the word;

replace the words "requirement (instruction)" with the word "instruction" in the corresponding case;

1.2. in the resolution of the Ministry of Finance of the Republic of Belarus of April 5, 2016 No. 19 "About approval of the Instruction about procedure for suspension of making and (or) execution of security transactions in trade system of the organizer of the securities trading and (or) security circulation in the unorganized market and procedure for issue of instructions about imposing (removal) of restrictions on the order with securities":

state the name in the following edition:

"About issue (removal) of instructions in the security market";

in preamble:

shall be replaced with words words of "the paragraph of the fifteenth of part one and the paragraph of the eighth of part two" "paragraphs of the fifteenth and twenty first of part one";

shall be replaced with words the word "years" "No. 231-Z";

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

state Item 1 in the following edition:

"1. Approve the Instruction about procedure for issue (removal) for instructions in the security market it (is applied).";

The instruction about procedure for suspension of making and (or) execution of security transactions in trade system of the organizer of the securities trading and (or) security circulation in the unorganized market and procedure for issue of instructions about imposing (removal) of restrictions on the order with securities approved by this resolution to be reworded as follows (is attached);

1.3. in the resolution of the Ministry of Finance of the Republic of Belarus of April 5, 2016 No. 20 "About establishment of requirements of financial sufficiency and qualification requirements":

in preamble of the word "and the eleventh Article 8 part one" shall be replaced with words ", the eleventh, twenty fourth parts one of Article 8 and the paragraph of the fourteenth of part one of Article 531";

in Item 1:

word in paragraph one "banks and the non-bank credit and financial organizations" shall be replaced with words "banks, the non-bank credit and financial organizations, and "Development Bank of the Republic of Belarus" open joint stock company;

in subitem 1.1:

in part one:

in paragraph three to replace figure "5" with figure "3";

in paragraph four of figure "30" to replace with figures "15";

in paragraph five of figure "50" to replace with figures "25";

to state the paragraph of the seventh in the following edition:

"10 thousand basic sizes, – for the professional participants of the security market performing depository activity;";

in part three:

"implementation" to replace the word with the word "accomplishment";

shall be replaced with words words of "several work types and services" "several work types and (or) rendering several types of service";

state subitem 1.3 in the following edition:

"1.3. borrowed funds * shall not exceed the size of equity (net assets) of the professional participant of the security market;

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* For the purposes of this subitem borrowed funds are understood as the amount of the long-term and short-term obligations reflected respectively under the articles "TOTAL according to the Section IV" (line 590) and "TOTAL according to the Section V" (line 690) the balance sheet established by appendix 1 to the National accounting standard and the reporting "Individual accounting records" approved by the resolution of the Ministry of Finance of the Republic of Belarus of December 12, 2016 No. 104, reduced by property value, being in trust management at the trustee within implementation by it of activities for trust management of securities.";

exclude Item 2;

in Item 3:

in paragraph one:

"banks and" to replace words with the word of "banks";

after the word of "organizations" to add the paragraph with words ", "Development Bank of the Republic of Belarus" open joint stock company;

shall be replaced with words words of "implementation of works and services" "performance of works and (or) rendering services";

in part two of subitem 3.1 of the word "one or several work types and services" and "carrying out these works and services" to replace respectively with the words "accomplishment of one or several work types and (or) rendering one or several types of service" and "performing these works and (or) rendering these services";

in subitem 3.2:

"performing" to replace the word with the word of "carrying out";

after words "works and" to add with words "(or) rendering one or several types";

in subitem 3.3 part one:

shall be replaced with words words of "implementation of works and services" "performance of works and (or) rendering services";

after the words "performance of works and (or)" to add with the word "rendering";

add item 4 with subitem 4.5 of the following content:

"4.5. the requirement for reference of physical person to skilled investors in the security market is availability at such person of the competence certificate of the first category.";

1.4. in the resolution of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 43 "About disclosure of information in the security market":

state preamble in the following edition:

"Based on the paragraph of the twelfth of part one of Article 8, of Article part four 55, of part one of article 58 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", No. 277 "About some questions of regulation of the security market" and 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: parts three of subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006";

add the resolution with Item 1-1 of the following content:

"1-1. Determine that the annual accounting and (or) financial reporting of the issuer of unsecured and exchange bonds constituted according to the legislation of the Republic of Belarus, the guarantor whose guarantee provides obligation fulfillment of the issuer on bonds is subject to statutory audit once in three years, since the year following after year of state registration (registration) of release of such bonds if other frequency is not established by the legislation on auditor activities.";

in the Instruction about procedure for disclosure of information in the security market approved by this resolution:

in Item 3:

the fourth to add the paragraph with words ", their beneficial and other owners";

the fifth to state the paragraph in the following edition:

"persons specified in part one of article 58 of the Law of the Republic of Belarus "About the security market";";

add Item with the paragraph of the following content:

"guarantors whose guarantee provides obligation fulfillment of bond issuing institutions (further – guarantors).";

in item 4 of the word "shall open" to replace with the word "open";

state Item 5 in the following edition:

"5. Disclosure of information by its placement on the single portal of the financial market (further – EPFR) taking into account technical requirements of the operator of EPFR according to this Instruction is performed by the member of the security market obliged according to the Law of the Republic of Belarus "About the security market" and this Instruction to open information by the specified method, or depositary, the broker or the trustee with whom such participant signs the service provision agreement on placement of information on EPFR.";

in Item 6:

from word part four", except for information specified in paragraph three of subitem 13.3 of Item 13 of this Instruction which is submitted no later than thirty five calendar days from the date of the termination of accounting year" to exclude;

to add part six paragraph two after the word of "bonds" with the word", guarantors";

state Items 8 and 9 in the following edition:

"8. Open joint stock companies as a part of the quarterly (annual) report represent:

form 1 "Information on joint-stock company and its activities" according to appendix (further – form 1) *;

balance sheet, profit and loss statement **.

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