of December 7, 2012 No. 641
About additional requirements to procedure for application by National Bank of measures of supervising reaction and acceptance criterions of the decision on their application
Based on Article part one 39, of parts three and the sixth article 134 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES:
1. Determine that:
1.1. the facts of availability of the cases provided by the Bank code of the Republic of Belarus in case of which the National Bank has the right to apply measures of supervising reaction (further – the bases) come to light by results of performed by it within banking supervision, the analysis of the reporting and (or) other information obtained by National Bank and (or) represented to it according to the bank law;
1.2. the decision of National Bank on application of measures of supervising reaction is made based on motivated judgment taking into account the following criteria:
relevancy (insignificance) of the bases, nature allowed by bank, "Development Bank of the Republic of Belarus" open joint stock company, the non-bank credit and financial organization (further – bank), parent organization of banking group, parent organization of bank holding and (or) the other persons listed in part two of article 134 of the Bank code of the Republic of Belarus (further – subjects), violations (shortcomings) and (or) action (failure to act). In case of determination of relevancy (insignificance) of the bases extent of their influence on creation of the provision menacing to safe functioning of bank, and (or) interests of his investors and other creditors and (or) banking system stabilities, financial condition of bank, goodwill of bank, completeness of observance by subjects of requirements of the legislation is considered;
quantity, systematicity of the homogeneous bases;
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