RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 2, 2009 No. 141

About interaction of state bodies, other organizations with use of the automated information system "Interaction"

Based on the paragraph of the sixth of part one of Item 10 of the Regulations on state registration of subjects of the managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1, of part four of Item 41 of the Regulations on creation, activities and liquidation of funds in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of July 1, 2005 No. 302, of part two of Item 9 of article 56 of the Tax Code of the Republic of Belarus, Article part seven 15, of the paragraph of third of part eight and part thirteen of article 23 of the Law of the Republic of Belarus of December 17, 1992 No. 2054-XII "About liberty of conscience and the religious organizations", Article parts six 14, of the paragraph of third of part twelve of article 19 of the Law of the Republic of Belarus of October 4, 1994 No. 3254-XII "About public associations" Article parts five 16, of the paragraph of third of part ten of article 20 of the Law of the Republic of Belarus of October 5, 1994 No. 3266-XII "About political parties", parts five of article 5 of the Law of the Republic of Belarus of July 19, 2006 No. 150-Z "About republican state public associations", Article parts fourteen 6, of the paragraph of third of part four of article 7 of the Law of the Republic of Belarus of July 18, 2011 No. 301-Z "About reference tribunals", the paragraph of third Item 3 of article 8 of the Law of the Republic of Belarus of July 12, 2013 No. 58-Z "About mediation" DECIDES: Council of Ministers of the Republic of Belarus

1. Approve Regulations on order of interaction of state bodies, other organizations with use of the automated information system "Interaction" it (is applied).

2. To provide to the Ministry of Justice till June 1, 2009 completion of the automated information system "Interaction" for the purpose of implementation of the state statistics by bodies, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate divisions of the Belarusian republican unitary insurance enterprise Belgosstrakh of transfer in the electronic form of documents confirming registration (registration) of legal entities and individual entrepreneurs in these bodies.

3. Bring in the resolution of Council of Ministers of the Republic of Belarus of December 27, 2007 No. 1829 "About some questions of interaction of registering bodies with republican state bodies and other organizations for state registration of subjects of managing and other questions" (The national register of legal acts of the Republic of Belarus, 2008, No. 5, 5/26480) the following changes:

exclude Item 1;

in paragraph one of item 4 and Item 6 of the word to "The ministry of statistics and analysis" shall be replaced with words to "National Statistical Committee";

in paragraph four of Item 2 of the Regulations on the automated information system "Interaction" approved by this resolution to replace the word of "workers" with the word of "employees".

4. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of May 27, 2006 No. 668 "About order of interaction of registering bodies with republican state bodies and other bodies for questions of state registration of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2006, No. 86, 5/22366).

5. This resolution becomes effective since February 1, 2009.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 2, 2009 No. 141

Regulations on order of interaction of state bodies, other organizations with use of the automated information system "Interaction"

1. This Provision determines procedure for exchange of electronic documents of registering bodies with inspectorates of the Ministry of Taxes and Tax Collection for areas and Minsk, by bodies of the state statistics, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate divisions of the Belarusian republican unitary insurance enterprise Belgosstrakh (further if other is not established, – subjects of accounting), customs authorities, territorial (city or district) archives of local executive and administrative organs (further – archives), banks, the non-bank credit and financial organizations, and also inspectorates of the Ministry of Taxes and Tax Collection for areas and Minsk (further – tax authorities) and other state bodies with banks, the non-bank credit and financial organizations, payment service providers concerning state registration and liquidation (the activities termination) of legal entities (individual entrepreneurs) and to other questions by means of the automated information system "Interaction" (further – AIS "Interaction").

2. For the purposes of this provision the terms and determinations used in the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" and also the following terms and their determinations are applied:

the information card – the electronic document containing the information about the legal entity (individual entrepreneur). The form of the information card affirms the Ministry of Justice;

payment service providers are the subjects of payment legal relationship rendering payment services and included in the register of payment service providers and types of the payment services rendered by them which are not the financial organizations, performing issue of electronic money with opening of e-wallets to users of payment services;

the electronic statement – the electronic document containing the information about the legal entity (individual entrepreneur), sent by registering body to bank, the non-bank credit and financial organization for opening of the current (settlement) bank account. The form of the electronic statement affirms the Ministry of Justice;

electronic request – the electronic document of bank, non-bank credit and financial organization, the payment service provider containing information on accounting number of the payer, the name of the legal entity, surname, own name, middle name (if that is available) the individual entrepreneur concerning which the request is constituted;

the electronic register – the electronic databank of the Ministry of Taxes and Tax Collection containing information on accounting number of the payer, the name of the legal entity, surname, own name, middle name updated based on data of tax authorities, customs authorities, bodies of the State Control Committee and its departments, the Ministry of Finance, its territorial authorities, local financial bodies, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, bodies of forced execution of court decrees and other executive documents (if that is available) the individual entrepreneur concerning which decisions on suspension (on suspension cancellation) account transactions, to e-wallets, date of suspension (suspension cancellation) of account transactions, e-wallets of the legal entity (individual entrepreneur) are made. The electronic register also contains data on the name of the body which made the decision on suspension (about suspension cancellation) account transactions, to e-wallets of the legal entity (individual entrepreneur), date and time of the room in the electronic register of information on legal entities (individual entrepreneurs) on whom the specified decisions are made;

the electronic message from AIS "Interaction" – the electronic document created in the way of the automated processing to AIS "Interaction" of electronic request taking into account information containing in the electronic register. The electronic message from AIS "Interaction" contains in the relation of the required legal entity (individual entrepreneur) information on accounting number of the payer, the name of the legal entity, surname, own name, middle name (if that is available) the individual entrepreneur, date of suspension of account transactions, e-wallets of the legal entity (individual entrepreneur), the name of the body which made the decision on suspension of transactions or information on absence in the electronic register of information about such legal entity (individual entrepreneur), including in connection with mistake of bank, non-bank credit and financial organization, the payment service provider when filling details of electronic request. In the electronic message from AIS "Interaction" date and time of obtaining from the electronic register of information concerning the required legal entity (individual entrepreneur) are also specified.

3. When implementing state registration of the legal entity created including as a result of reorganization in the form of allocation, separation, merge, or the individual entrepreneur the authorized employee of registering body in accordance with the established procedure performs data entry about the legal entity (individual entrepreneur) in the automated information system of the Single state register of legal entities and individual entrepreneurs (further - AIS EGR). These data are automatically converted into format of submission of information maps and loaded into AIS "Interaction".

4. The information card created in AIS "Interaction" and signed with use of personal key of the digital signature of the Ministry of Justice established on the server AIS "Interaction" automatically goes for processing to tax authorities.

The authorized officer of tax authority no later than two working days from the date of receipt of the information card in AIS "Interaction" on each registered legal entity (individual entrepreneur):

performs statement it on accounting (for registration the data of the arrived information card exported to departmental system in the XML format are used);

assigns accounting number of the payer;

creates the notice on assignment of accounting number of the payer;

signs the notice on assignment of accounting number of the payer the digital signature and transfers him in AIS "Interaction" then the information card automatically goes to separate division of the Belarusian republican unitary insurance enterprise Belgosstrakh (further - separate division of Belgosstrakh), bodies of the state statistics, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection.

5. Authorized employees of bodies of the state statistics, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh no later than two working days from the date of receipt of the information card on the legal entity (individual entrepreneur):

perform respectively registration as the respondent of the state statistical observations, the payer of compulsory insurance premiums, registration as the insurer on compulsory insurance from labor accidents and occupational diseases;

create the corresponding notice on registration, registration in separate division of Belgosstrakh, sign it the digital signature and send to AIS "Interaction".

6. After receipt of the notices specified in items 4 and the 5th this provision with marks of subjects of accounting in the automatic mode the notice on registration of the legal entity (individual entrepreneur) which is loaded into AIS EGR is created.

7. The authorized employee of registering body, if other is not established in part two of this Item, after loading of the notice on registration of the legal entity (individual entrepreneur) in AIS EGR:

certifies form of external submission of the notice on paper;

grants to the legal entity (individual entrepreneur) the certificate on state registration (if at the request of the legal entity (individual entrepreneur) this certificate is not granted in the working day following behind day of submission of documents for state registration) and the notice on registration.

In case of submission to registering body of electronic documents for state registration of the legal entity (individual entrepreneur) the notice on registration of the legal entity (individual entrepreneur) in the automatic mode goes to the web portal of the Single state register of legal entities and individual entrepreneurs.

The authorized employee of registering body does not bear responsibility for reliability of the data containing in the notice on registration of the legal entity (individual entrepreneur).

8. If when passing the procedure of state registration of the legal entity (individual entrepreneur) the owner of property, founders of the legal entity, the citizen who addressed for state registration as the individual entrepreneur, initiated the direction registering body in bank, the non-bank credit and financial organization of information necessary for opening for the legal entity (individual entrepreneur) of the current (settlement) bank account, the authorized employee of registering body in day of submission of documents, provided for state registration:

in accordance with the established procedure performs data entry about the legal entity (individual entrepreneur) in AIS EGR, including data on bank, the non-bank credit and financial organization. These data are converted into format of submission of the information map automatically sent to subjects of accounting according to the procedure, provided in items 4 both the 5th this provision, and the electronic statement and are loaded into AIS "Interaction";

sends by means of AIS "Interaction" to the relevant bank, the non-bank credit and financial organization the electronic statement and the charter of the legal entity (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement) in the .doc or .rtf format or the electronic statement and the certificate on state registration of the individual entrepreneur in the .pdf format. Specified the electronic statement, the charter and the certificate are signed with use of personal key of the digital signature of the Ministry of Justice established on the server AIS "Interaction".

Data that information necessary for opening for the legal entity (individual entrepreneur) of the current (settlement) bank account is sent to bank, the non-bank credit and financial organization are automatically loaded into AIS EGR.

9. When implementing state registration of the changes and (or) additions made to charters of legal entities (foundation agreements - for the commercial organizations performing activities only based on foundation agreements), including in connection with reorganization in the form of allocation, transformation and accession, changes made to certificates on state registration of individual entrepreneurs when obtaining from legal entities of notifications on change of the location, appointment (replacement) of the head (the other person authorized according to constituent documents to act on behalf of the organization) information cards after entering of data into AIS EGR are created and automatically transferred to subjects of accounting.

The authorized officer of tax authority no later than two working days from the date of receipt of the information map with changes of the name of the legal entity, surname, own name, middle name (if that is available) the individual entrepreneur, the location of the legal entity, the residence of the individual entrepreneur, the information about the head of the legal entity (the other person authorized according to constituent documents to act on behalf of the organization):

performs modification of the State register of payers (other obliged persons);

creates the notice on registration with the changed information about the legal entity (individual entrepreneur), signs it the digital signature and transfers in AIS "Interaction" then the information card goes to bodies of the state statistics, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh.

Authorized employees of bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection and bodies of the state statistics no later than two working days from the date of receipt of the information card on the legal entity (individual entrepreneur) perform change of information about the payer of compulsory insurance premiums, the respondent of the state statistical observations in the corresponding databases.

The authorized employee of separate division of Belgosstrakh no later than two working days from the date of receipt of the information card on the legal entity (individual entrepreneur):

performs change of information about the insurer on compulsory insurance from labor accidents and occupational diseases in the corresponding database;

creates and transfers the notice on registration in separate division of Belgosstrakh signed by the digital signature to AIS "Interaction".

After receipt of notices with marks of tax authority and separate division of Belgosstrakh in the automatic mode the notice on registration with the changed information about the legal entity (individual entrepreneur) is created. This notice is loaded into AIS EGR.

Issue of the notice on registration with changed based on the data provided by tax authority and separate division of Belgosstrakh, the information about the legal entity (individual entrepreneur) is performed according to the procedure, established in Item 7 of this provision.

10. In case of decision making about liquidation of the legal entity according to the decision of the owner of property (founders, participants) or body of the legal entity authorized by the charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement), about the termination of activities of the individual entrepreneur for its decision the authorized employee of registering body based on provided by the chairman of liquidation commission (liquidator), the individual entrepreneur (their authorized representative) the documents provided by legal acts performs data entry about the beginning of liquidation procedure of the legal entity (the termination of activities of the individual entrepreneur) in AIS EGR. These data are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

The information card containing data on the beginning of liquidation procedure of the legal entity (the termination of activities of the individual entrepreneur) after its forming in AIS "Interaction" automatically goes to tax authorities, customs authorities, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh, archive.

Within thirty working days from the date of receipt of the information card are created in electronic form, are signed by the digital signature and are transferred in AIS "Interaction":

the authorized officer of tax authority - the certificate of availability (absence) at the legal entity (individual entrepreneur) of debt to the budget on collectable tax authority to payments, and concerning individual entrepreneurs - also data on involvement of physical persons by the individual entrepreneur according to employment and (or) civil contracts;

the authorized employee of customs authority - the certificate of availability (absence) at the legal entity (individual entrepreneur) of debt to the budget on collectable customs authority to payments and information on availability (absence) at this legal entity (individual entrepreneur) of the obligations which are not stopped before customs authorities;

the authorized employee of body of Social Security Fund of the population of the Ministry of Labour and Social Protection - the certificate of availability (absence) at the legal entity (individual entrepreneur) of debt on payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus;

the authorized employee of separate division of Belgosstrakh - the certificate of availability (absence) at the legal entity (individual entrepreneur) of debt on compulsory insurance from labor accidents and occupational diseases.

In the cases established by legal acts, the authorized officer of tax authority authorized by the employee of body of Social Security Fund of the population of the Ministry of Labour and Social Protection within thirty working days from the date of receipt of the information card it is created in electronic form, signed by the digital signature and information that the legal entity (individual entrepreneur) on accounting in these bodies did not consist is transferred to AIS "Interaction" (did not consist). In similar procedure the authorized employee of separate division of Belgosstrakh information that the legal entity (individual entrepreneur) was not registered goes it (was not registered) in separate division of Belgosstrakh.

In cases and on the bases provided by legal acts, the authorized officer of tax authority authorized by the employee of customs authority, body of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh within thirty working days from the date of receipt of the information card it is created in electronic form, signed by the digital signature and information on impossibility of submission of the references, data specified in part three of this Item is transferred to AIS "Interaction". In this case before the expiration of six months from the date of receipt of the information card by the called authorized officers, workers are created in electronic form, are signed by the digital signature and go to AIS "Interaction" of the reference and data specified in part three of this Item.

The authorized employee of registering body no later than the working day following behind day of representation by liquidation commission (liquidator) of the legal entity, the individual entrepreneur of the documents provided by legal acts creates request about submission of data on delivery by the legal entity (individual entrepreneur) for document storage, including on staff, confirming working life and compensation of his workers. This request is signed with use of personal key of the digital signature of the Ministry of Justice established on the server AIS "Interaction" and by means of AIS "Interaction" goes to archive. In the case provided by the legal act, the inquiry is not sent to archive.

The authorized employee of archive within three working days from the date of receipt of request creates data on delivery by the legal entity (individual entrepreneur) on document storage, including on staff, confirming working life and compensation of his workers, in the form of the reference, signs it the digital signature and transfers in AIS "Interaction".

11. In case of acceptance registering, and also other bodies in the cases provided by legal acts of the decision on liquidation of the legal entity (the termination of activities of the individual entrepreneur) the authorized employee of registering body within three working days from decision date registering body or no later than the working day following behind day of receipt in registering body of the notification from other body on the made decision on liquidation performs data entry about the beginning of liquidation procedure of the legal entity (the termination of activities of the individual entrepreneur) in AIS EGR. These data are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

The information card containing data on the beginning of liquidation procedure of the legal entity (the termination of activities of the individual entrepreneur) after its forming in AIS "Interaction" automatically goes to tax authorities, customs authorities, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh, archive.

Within thirty working days from the date of receipt of the information card by the authorized officer of tax authority authorized by the employee of customs authority, body of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh are created in electronic form, are signed by the digital signature and are transferred to AIS "Interaction" of the reference, data and the relevant information specified in parts by third or heel of Item 10 of this provision.

In case of entering by tax authority into registering body of representation (offer) on liquidation of the legal entity (the termination of activities of the individual entrepreneur) on the basis provided in the paragraph the second part one of subitem 3.3 of Item 3 of the Regulations on liquidation (the activities termination) of subjects of the managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1, issue of the reference, the data specified in the paragraph the second to part three of Item 10 of this provision, tax authority it is not made.

The authorized employee of registering body no later than the working day following behind day of representation by the legal entity (individual entrepreneur) of the documents provided by the legal act creates request about submission of data on delivery by the legal entity (individual entrepreneur) for document storage, including on staff, confirming working life and compensation of his workers. This request is signed with use of personal key of the digital signature of the Ministry of Justice established on the server AIS "Interaction" and by means of AIS "Interaction" goes to archive. In the case provided by the legal act, the inquiry is not sent to archive.

The authorized employee of archive within three working days from the date of receipt of request creates data on delivery by the legal entity (individual entrepreneur) on document storage, including on staff, confirming working life and compensation of his workers, in the form of the reference, signs it the digital signature and transfers in AIS "Interaction".

12. After repayment by the legal entity (individual entrepreneur) of debt to the budget, on payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus, on compulsory insurance from labor accidents and occupational diseases, the authorized officer of tax authority, the authorized employee of customs authority, body of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh within ten working days from the date of repayment of this debt (obligation fulfillment) create obligation fulfillments before customs authorities in electronic form, sign the digital signature and transfer the documents confirming repayment (execution) of the specified debt (obligations) to AIS "Interaction".

13. The references sent to registering body by means of AIS "Interaction", data or the relevant information of tax authorities, bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection, separate division of Belgosstrakh, customs authorities, archives specified in Items 10-12 of this provision automatically are loaded into AIS EGR.

14. In case of suspension of operations of the individual entrepreneur in the cases established by the legal act, the authorized employee of registering body no later than the working day following behind day of receipt of the documents provided by acts of the legislation performs input of data in AIS EGR on suspension of operations of the individual entrepreneur with indication of term and the basis of suspension of operations. These data are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

In case of change of term of suspension of operations of the individual entrepreneur the authorized employee of registering body no later than the working day following behind day of receipt of the documents provided by the act of the legislation performs input of data on change of term of suspension of operations of the individual entrepreneur in AIS EGR. These data are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

In case of renewal of activities of the individual entrepreneur according to the procedure, stipulated by the legislation, the authorized employee of registering body in the terms established by acts of the legislation performs input of data in AIS EGR on renewal of activities of the individual entrepreneur. These data are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

The information card on the individual entrepreneur containing data on suspension or renewal of its activities, and also on change of term of suspension of its activities no later than the working day following behind day of introduction of the data specified in parts of first or third of this Item automatically goes to tax authorities and bodies of Social Security Fund of the population of the Ministry of Labour and Social Protection.

15. The data on exception of the legal entity (individual entrepreneur) of the Single state register of legal entities and individual entrepreneurs entered by registering body in AIS EGR are automatically converted into format of submission of the information map and loaded into AIS "Interaction".

The created in AIS "Interaction" and signed with use of personal key of the digital signature of the Ministry of Justice established on the server AIS "Interaction", information card automatically goes to the subjects of accounting authorized by the employee of registering body.

16. In case of the appeal of the legal entity (individual entrepreneur) to bank, the non-bank credit and financial organization, to the payment service provider with the statement on opening current (settlement) and other bank accounts, e-wallets the bank, the non-bank credit and financial organization, the payment service provider in the same banking day create electronic request in AIS "Interaction" and sign it the digital signature.

After obtaining from bank, the non-bank credit and financial organization, the payment service provider of electronic request in the same banking day by means of AIS "Interaction" the automated processing of this electronic request taking into account information containing in the electronic register is performed. By results of processing of electronic request the electronic message which goes to bank, the non-bank credit and financial organization, the payment service provider who sent electronic request is automatically created of AIS "Interaction".

17. The Ministry of Justice performs explanations on application of this provision.

 

 

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