RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of July 14, 2023 No. 40

About change of the resolution of the Ministry of Finance of the Republic of Belarus of April 28, 2018 No. 30

Based on paragraphs of the sixth, the seventh, thirteenth and twenty eighth part one of article 8 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About 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. Bring in the resolution of the Ministry of Finance of the Republic of Belarus of April 28, 2018 No. 30 "About procedure of depository activity" the following changes:

in preamble of the word "and the seventh" shall be replaced with words ", the seventh, thirteenth and twenty eighth";

in the Instruction about procedure of the depository activity approved by this resolution:

in the text of the Instruction and appendices to it the word "positions" shall be replaced with words "the employee's positions", except for paragraphs of the third and fourth Item 26, of paragraph one of Item 48, of Item part two 57, of the paragraph of third of part two of Item 69, of paragraphs of the second or fourth Item 86, of Item part six 99, of Item part one 105, of Item part two 109, of Item part eight 115, of the paragraph of the fourth of part one of Item 132, of parts one and third Item 134, of parts two, the fifth and eighth Item 136, of Item part two 137, of the paragraph of third of part four of Item 147, of Item part five 200, of appendices 2, of 7, of 8, of 12, of 13, 17–20, 22, of 23, 28 and 30;

from Item 1 of the word", and also governs the relations between the central depositary, depositaries, the organizer of the securities trading, including stock exchange, the clearing organization connected with implementation of transfers of securities following the results of the biddings in trade system of the organizer of the securities trading" to exclude;

in Item 2 part one:

in paragraph five the word "transfer" shall be replaced with words "depositary transfer (further, unless otherwise specified, – transfer)";

after the paragraph of the seventh to add part with the paragraph of the following content:

"depositary transfer – depository operation which implementation is resulted by write-off of securities from one account of "depot" and their transfer into other account of "depot" or write-off of securities from one Section of the account of "depot" and their transfer on other Section of the same account of "depot";";

after the paragraph of the ninth to add part with the paragraph of the following content:

"skilled investors in the security market – persons specified in paragraphs the second or thirteenth to part one of article 531 of the Law of the Republic of Belarus "About the security market" and also the physical persons having the existing competence certificate of the specialist of the security market of the first category;";

the fourteenth to exclude the paragraph;

after the paragraph of the sixteenth to add part with the paragraph of the following content:

"the representative of bondholders – person acting on behalf and for the benefit of bondholders;";

in paragraph three of Item 3 of the word "information resource of the security market" shall be replaced with words "the portal of the financial market";

exclude Item 6;

in Item 8:

in part one of the word "shall acquaint", "services" and "explain" to replace respectively with the words "provides acquaintance", "works and (or) services" and "explains";

in word part two "rendering services" shall be replaced with words "performance of works and (or) rendering services";

third to state part in the following edition:

"The depositary refuses to legal or physical person performance of works and (or) rendering services if such performance of works and (or) rendering services can entail violation of the law about securities and (or) about economic societies and (or) legislations on prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction.";

the fifth Item 9 to add part with the paragraph of the following content:

"account of "depot" of the nominee holder".;

in Item 10:

"(nonresident depositaries)" and to "(nonresident depositary)" to exclude from word part two;

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

"The account of "depot" of the nominee holder is opened in the central depositary for the nonresident depositary which established correspondence relations with the central depositary for fixing of information on the number of securities, accounting of the rights to which is performed by nonresident depositary. The account of "depot" of the nominee holder is opened for nonresident depositary based on the contract for establishment of correspondence relations.";

third to state part in the following edition:

"The depositary, nonresident depositary which established correspondence relations with the central depositary open at themselves correspondent account of "depot" NOSTRO which owner is this depositary (nonresident depositary), for fixing of information on the number of securities, accounting of the rights to which is performed by this depositary (nonresident depositary). At the same time information on the number of securities on correspondent account of "depot" NOSTRO of depositary (nonresident depositary) shall be identical to information fixed on correspondent account of "depot" of LORO (the account of "depot" of the nominee holder) opened for this depositary (nonresident depositary) in the central depositary.";

the second Item 11 after words of "accounts of "depot" of LORO" and "the account of "depot" of LORO" to add part respectively with words ", accounts of "depot" of the nominee holder" and "(the account of "depot" of the nominee holder)";

paragraphs of the first and second part one, part second and third Item 12 after the word "LORO" to add with words ", the account of "depot" of the nominee holder" in the corresponding case and number;

in part two of Item 15 of the word "and correspondent accounts of "depot" of LORO" shall be replaced with words ", correspondent accounts of "depot" of LORO, the account of "depot" of the nominee holder";

to state paragraph two of part four of Item 21 in the following edition:

"type, category, security type if availability of category and type follows respectively from type and category of security, national identification code of release of issued securities (further, unless otherwise specified, – national identification code) – concerning issued securities of issuers, the international identification codes (ISIN, CFI, FISN) in case of their availability – concerning issued securities of nonresident issuers, identification code of investment shares, identification code of the paperless mortgage;";

from part two and paragraph one of part three of Item 22 "depositary" to exclude the word;

the fifth Item 25 to state part in the following edition:

"In case of the failures in electronic document management system document transfer specified in part one of this Item it can be performed in the form of electronic documents or electronic copies of documents on papers by means of the automated system of the state protected e-mail of chipboard or on papers.";

in Item 26:

to add paragraph two after the word "LORO" with words "(accounts of "depot" of the nominee holder)";

in paragraphs three and the fourth the word "positions" shall be replaced with words "the employee's positions";

in Item 34 of the word "correspondent account of "depot" of LORO" shall be replaced with words "the account of "depot" of the nominee holder";

in Item 35:

in part one:

word in paragraph one of "correspondent account of "depot" of LORO" shall be replaced with words "accounts of "depot" of the nominee holder";

to add paragraph two after the word "LORO" with words "(accounts of "depot" of the nominee holder)";

in paragraphs four and the fifth the word "copy" shall be replaced with words "notarially attested copy";

in word part two of "correspondent account of "depot" of LORO" shall be replaced with words "accounts of "depot" of the nominee holder";

in part one, paragraphs the first and second part two of Item 36 of the word "correspondent account of "depot" of LORO" shall be replaced with words "the account of "depot" of the nominee holder" in the corresponding case;

in Item 37:

state part one in the following edition:

"37. The central depositary represents to Department on securities:

copies of the contracts for establishment of correspondence relations, agreements on modification signed with nonresident depositaries and (or) amendments in agreements on establishment of correspondence relations – no later than ten working days following behind day of signing of the specified agreements (agreements);

information about opened (closed) nonresident depositaries accounts of "depot" of the nominee holder, and also about correspondent accounts of "depot" and other accounts opened to the central depositary in nonresident depositaries for accounting of foreign securities – no later than five working days following the opening day (closing) of the specified accounts.";

in parts two and third the words "correspondent account of "depot" of LORO" shall be replaced with words "the account of "depot" of the nominee holder";

in Item 38 of the word "from correspondent account of "depot" of LORO" and "other depositary" to replace respectively with the words "from the account of "depot" of the nominee holder" and "(the account of "depot" of the nominee holder) other depositary (nonresident depositary)";

in Item 48:

the paragraph one to state in the following edition:

"48. The certificate on opening (closing) of the account of "depot" shall contain the following information:";

add Item with part of the following content:

"The certificate on opening (closing) of the account of "depot" is on paper certified by the signature of the head of depositary or the other person, representative to act on behalf of this depositary, with indication of the name of position of the employee, surname and initials.";

in Item 49:

to add the paragraph of the sixth part two with words "(are specified by each release of issued securities)";

to add the paragraph of the seventh part three after the words "in case of their availability" with the words "by each release of issued securities";

to state the paragraph of the seventh part three of Item 54 in the following edition:

"securities which owners are skilled investors in the security market.";

in paragraphs the second or fifth Item 55, Item 56 of the word "centralized storage" shall be replaced with words "centralized accounting";

in Item 57:

in parts one and third the words "centralized storage" shall be replaced with words "centralized accounting";

in part two of the word "centralized storage" and "positions" to replace respectively with the words "centralized accounting" and "the employee's positions";

Item 64 in paragraph seven shall be replaced with words the word "storages" "accounting (accounting and storage)";

in Item 69:

in paragraph three of the part one of the word which is "notarially certified" shall be replaced with words "drawn up according to requirements of the legislation";

part two in paragraph three the word "positions" shall be replaced with words "the employee's positions";

the paragraph one of part four of Item 78 after the word "LORO" to add with words "accounts of "depot" of the nominee holder";

in Item 83:

the second to state part in the following edition:

"The issuer has the right to sign the depositary contract with the issuer:

concerning share issues – only with one depositary;

concerning bond issues – with several depositaries. At the same time concerning one bond issue the depositary contract with the issuer only with one depositary can be signed.";

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

"The account of "depot" can be opened for the issuer for accounting of securities of own issue only in depositary of the issuer.";

in Item 86:

state paragraph two in the following edition:

"the decision on share issue or the prospectus of the issue of bonds or their copies certified by the signature of the head of the issuer or the other person, representative to act on behalf of this issuer, with indication of the name of position of the employee, surname and initials, dates (it is represented the resident issuer);";

in paragraphs three and the fourth the word "positions" shall be replaced with words "the employee's positions";

in part two of Item 89 of the word "information resource of the security market and also to open" and "(additional release) issued securities" to replace respectively with words "the portal of the financial market, and also opens" and "(additional release) shares";

in Item 99:

in part six the word "positions" shall be replaced with words "the employee's positions";

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

"The statement about account transactions of "depot" of the nominee holder (the Section of the account of "depot" of the nominee holder) is provided by the central depositary to nonresident depositary according to the contract for establishment of correspondence relations for operational day if during this operational day on this account (the Section of the account) accounting depository operations, and also at the request of nonresident depositary during the period of time specified in request were performed.";

the tenth to state part in the following edition:

"The statement about condition of correspondent account of "depot" of LORO (the Section of correspondent account of "depot" of LORO), accounts of "depot" of the nominee holder (the Section of the account of "depot" of the nominee holder) is provided at the request of depositary (nonresident depositary) for which the correspondent account of "depot" of LORO (the account of "depot" of the nominee holder) for the date specified in this request is opened.";

in part one of Item 104 of the word "on demand" shall be replaced with words "on demand";

in part one of Item 105 of the word "The Request about Issue of the Register Is Shown by the Issuer to Depositary of the Issuer" and "positions" to replace respectively with the words "The Register Is Submitted to the Issuer Depositary of the Issuer based on Request about Issue of the Register" and "positions of employees";

add the Instruction with Item of 1051 following contents:

"1051. The depositary of the issuer issues upon the demand of the representative of bondholders confidential information on depositors in the form of the register of bondholders regarding bond issue of the issuer concerning which this person carries out powers of the representative of bondholders.

For receipt of the register the representative of bondholders represents to depositary of the issuer request about issue of the register with application of copies of the documents confirming powers of the representative of bondholders.

The request of the representative of bondholders about issue of the register shall contain the data provided by paragraphs the second, third and fifth subitem 1.5 of Item 1 of the resolution of the Ministry of Finance of the Republic of Belarus of September 5, 2016 No. 80 "About provision of confidential information in the security market" and also:

full name of bond issuing institution, its location, accounting number of the payer;

state registration number or identification (registration) number of bond issue;

date of forming of the register.

The request about issue of the register is shown by the representative of bondholders to depositary of the issuer:

in writing on paper;

in the form of the electronic depositary document signed by the digital signature by means of electronic document management system of the security market;

in the form of the electronic document or the document in electronic form with use of system of remote servicing;

by means of system of interdepartmental electronic document management of state bodies of the Republic of Belarus (SMDO).";

to add Item 107 after part two with part of the following content:

"In case of combination of securities of the issuer in fund of bank management based on trust management agreements of fund of bank management, and also in case of acquisition of securities of the issuer in the course of trust management of bank management of fund information provided by part one of this Item joins in the register concerning the depositor – the trustee fund with indication of sign "D. U.", and also by each fund of the bank management created by this trustee with indication of the name of fund of bank management and date of its creation.";

in Item 109:

part one after the word is "issued" to be added with the word to "issuer";

in part two the word "positions" shall be replaced with words "the employee's positions";

add Item with part of the following content:

"The register can be issued by depositary of the issuer to the representative of bondholders:

on paper;

in the form of the electronic depositary document signed by the digital signature by means of electronic document management system of the security market;

in the form of the electronic document or the document in electronic form with use of system of remote servicing. At the same time requirements of the legislation on securities regarding use and protection of confidential information in the security market, including confidential information on depositors and data from the register of owners of securities shall be observed;

in electronic form on the digital carrier.";

in Item 115:

the second to add part with the offer of the following content: "In case of combination of securities of the issuer in fund of bank management based on trust management agreements of fund of bank management, and also in case of acquisition of securities of the issuer in the course of trust management of bank management of fund information provided by part one of this Item joins in the register concerning the depositor – the trustee fund with indication of sign "D. U.", and also by each fund of the bank management created by this trustee with indication of the name of fund of bank management and date of its creation.";

the fifth to state part in the following edition:

"The central depositary carries out reconciliation of the total quantity of securities specified in information on owners of securities provided by depositary (nonresident depositary) with the number of securities fixed on correspondent account of "depot" of LORO (the account of "depot" of the nominee holder) of this depositary (nonresident depositary) for date of forming of the register.";

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