of January 5, 2012 No. 14/1
About approval of the Regulations on procedure and financing terms by "Development Bank of the Republic of Belarus" open joint stock company of projects, investment projects, and also the actions providing purchase of goods for their transfer to finance lease (leasing), for the decision of the President of the Republic of Belarus and (or) the Government of the Republic of Belarus, and also included in the programs approved by the President of the Republic of Belarus and (or) the Government of the Republic of Belarus
According to the paragraph the second parts one of subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2011 "About creation of the open joint stock company "Development Bank of the Republic of Belarus" Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus DECIDE No. 261:
1. Approve the enclosed Regulations on procedure and financing terms by "Development Bank of the Republic of Belarus" open joint stock company of investment projects, and also the actions providing purchase of goods for their transfer to finance lease (leasing), for the decision of the President of the Republic of Belarus and (or) the Government of the Republic of Belarus, and also included in the programs approved by the President of the Republic of Belarus and (or) the Government of the Republic of Belarus.
2. This resolution becomes effective after its official publication.
|
Prime Minister of the Republic of Belarus |
M. Myasnikovich |
|
Chairman of the board of National Bank of the Republic of Belarus |
N. Ermakova |
Approved by the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of January 5, 2012 No. 14/1
1. This Provision developed according to the paragraph the second subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2011 No. 261 "About creation of "Development Bank of the Republic of Belarus" open joint stock company (The national register of legal acts of the Republic of Belarus, 2011, No. 71, 1/12628), are determined procedure and financing terms by "Development Bank of the Republic of Belarus" open joint stock company (further - JSC Development Bank Republic of Belarus) investment projects, and also actions providing purchase of goods for their transfer to finance lease (leasing), for the decision of the President of the Republic of Belarus and (or) the Government of the Republic of Belarus, and also included in the programs approved by the President of the Republic of Belarus and (or) the Government of the Republic of Belarus (further - state programs and actions).
2. JSC Development Bank Republic of Belarus:
performs financing of state programs and actions by loan granting on their realization on its own behalf and at own expense on the terms of urgency, the paid nature and recoverability, acquisition of bonds of the legal entities participating in implementation of state programs and actions and also different ways which are not prohibited by the legislation;
grants export loans on the conditions determined in subitem 3.1 of Item 3 of the Presidential decree of the Republic of Belarus of August 25, 2006 No. 534 "About assistance to commodity export development (works, services)" (The national register of legal acts of the Republic of Belarus, 2006, No. 143, 1/7870).
3. For the purposes of this provision the following terms and their determinations are used:
the applicant - the legal entity who addressed to JSC Development Bank Republic of Belarus behind receipt of the credit;
the investment project - the project providing investment of investments which sources are including the credits;
credit monitoring - systematic and systematic process of the analysis of the course of implementation of the credited project, estimates of financial condition of the borrower, its capability timely and in full to fulfill obligations according to the credit agreement, and also agreements signed in ensuring obligation fulfillment according to the credit agreement;
the borrower - the legal entity who signed the credit agreement with JSC Development Bank Republic of Belarus;
creditworthness - capability of the legal entity in full, in time and properly to fulfill the obligations according to the credit agreement subject to its terms and conditions and requirements of acts of the legislation;
The paragraph of the seventh of Item 3 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 08.08.2013 No. 697/13
the project - the task of the state program and action which are subject to crediting;
overdue debt according to the credit agreement - the debt formed owing to non-execution by the borrower of obligations on timely loan repayment, and (or) interest payment for use by it and (or) payment of the commission and other payments provided by the credit agreement.
4. JSC Development Bank Republic of Belarus in priority procedure performs crediting of the investment projects included in state programs and actions, providing development of agro-industrial complex, housing construction in the village, creation of infrastructure facilities, release of innovative products and implementation of innovative technologies, creation of the knowledge-intensive and export-oriented productions, and also large investment projects in the priority industries of economy having long payback periods. Credit policy annually is determined and affirms the supervisory board of JSC Development Bank Republic of Belarus.
Within implementation of state programs and actions of JSC Development Bank Republic of Belarus grants the loans on favorable terms, and also on the conditions assuming compensation to legal entities of the Republic of Belarus of part of interest for using bank loans and (or) investment of funds republican and (or) local budgets in deposits of JSC Development Bank Republic of Belarus.
At the same time money transfer on account of compensation of part of percent is made from the budget into the special account of the borrower opened in JSC Development Bank Republic of Belarus with the subsequent direction of these means of JSC Development Bank Republic of Belarus on the conditions defined by the credit agreement. The basis for the specified transfer are the data on the amounts of the added interests on credit provided by the borrower and approved with JSC Development Bank Republic of Belarus.
5. Amounts and the directions of crediting of JSC Development Bank Republic of Belarus of state programs and actions, and also sources of funds for these purposes are determined in its balance estimation according to the annual funding plan of JSC Development Bank Republic of Belarus of state programs and actions (further - the plan) approved by Council of Ministers of the Republic of Belarus.
JSC Development Bank Republic of Belarus has the right to perform financing of investment projects during the period before approval of the plan for the current year according to the signed credit agreements based on the plan approved on previous year.
6. The amount of the credits provided to JSC Development Bank Republic of Belarus shall not exceed 80 percent from the amount of investments into fixed capital on the investment project.
For the purpose of decrease in credit risk by the supervisory board of JSC Development Bank Republic of Belarus limits and restrictions for making of active and (or) passive transactions can be set.
7. JSC Development Bank Republic of Belarus grants the loans to capable and creditworthy applicants in non-cash form in Belarusian rubles and (or) foreign currency.
Crediting of applicants in foreign currency is performed for implementation of valyutookupayemy projects and (or) in the presence in sufficient amount for obligation fulfillment before JSC Development Bank Republic of Belarus of revenue in the foreign currency remaining with the borrower after its obligatory sale. The procedure for determination of valyutookupayemost of projects is determined by JSC Development Bank Republic of Belarus.
8. The loans are granted to JSC Development Bank Republic of Belarus:
after opening by the applicant (borrower) of the special account in this bank for which money is allocated for accumulation in the amount of necessary for repayment for the debt which is available before JSC Development Bank Republic of Belarus, and also money on account of compensation from budget funds of part of interest for using the credits (further - the special account). The funds allocated for special accounts are spent for debt repayment before JSC Development Bank Republic of Belarus, including for acquisition of foreign currency for debt repayment in foreign currency. After debt repayment the balance in cash from the special account is transferred to the borrower into its current (settlement) account;
in case of risk insurance of non-return of the credit or provision in ensuring obligation fulfillment according to the credit agreement of security deposit of money or guarantee in the amount sufficient for debt repayment according to the credit agreement, in the cases determined by JSC Development Bank Republic of Belarus.
9. Availability at the applicant (borrower) of overdue debt on principal debt and (or) percent (except for debt which repayment is performed from the budget funds including provided as compensation to the borrower) before JSC Development Bank Republic of Belarus is the basis for refusal in the conclusion of the credit agreement (suspensions
In the presence of overdue debt on principal debt at the applicant (borrower) on the credits obtained in other banks, JSC Development Bank Republic of Belarus refuses loan granting if other is not provided by decisions of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus and regulatory legal acts of National Bank.
10. The borrower bears responsibility for target use of the credit, timeliness of its return (repayment), observance of other conditions provided by the credit agreement.
In case of establishment of inappropriate use of the credit the corresponding amount is subject to early return (collection).
11. For crediting of projects JSC Development Bank Republic of Belarus adopts local regulatory legal acts in which are provided:
compulsory provisions and procedure for crediting;
the procedure of decision making about crediting;
procedure for determination of legal capacity and creditworthness of the applicant, borrower, valyutookupayemost of projects;
the list of the documents submitted by the applicant, the borrower for the conclusion of the credit agreement during the period of its action. At the same time the applicant, the borrower irrespective of pattern of ownership represent acts of the internal assessment of investees with determination of their cost which is carried out by index method in the form determined by JSC Development Bank Republic of Belarus;
procedure for control of ensuring obligation fulfillment according to the credit agreement;
procedure for control of target use of the credit;
procedure for collection of overdue debt according to the credit agreement;
procedure for forming, storage and use of the credit folder.
12. JSC Development Bank Republic of Belarus credits projects with involvement of banks (further - agent banks) or without their attraction.
13. Services in the organization of financing of state programs and actions, and also servicing of the credits (including the credits on which the right to claim passed to it from banks in case of acquisition of assets) based on the agreements signed with agent banks are rendered to JSC Development Bank Republic of Belarus.
The risk of losses (losses) owing to non-execution, untimely or incomplete execution by the borrower (the guarantor, the guarantor, the pledger) of obligations to JSC Development Bank Republic of Belarus in accordance with the terms of the signed agreements and acts of the legislation bears JSC Development Bank Republic of Belarus.
14. The decision on crediting of projects is made by JSC Development Bank Republic of Belarus on analysis results of information provided by agent banks and the applicant.
15. JSC Development Bank Republic of Belarus has the right:
15.1. request (to receive) from the applicant (borrower) for decision making about crediting information:
applicant, necessary for determination of legal capacity (guarantor, guarantor, pledger), estimates of creditworthness of the applicant and solvency of the guarantor and (or) guarantor;
about availability, quantity, condition and storage conditions of the property offered as a deposit as ensuring obligation fulfillment on the credit, goodwill of the applicant (the guarantor, the guarantor, the pledger), other information capable to influence decision making about issuance of credit;
15.2. sign in the period of action of the credit agreement contracts of assignment of the requirement, transfer of debt, and also the transactions providing change of the obligations following from these credit agreements and agreements signed in ensuring execution on them obligations and also the complete or partial cessation of such obligations;
15.3. exercise control of target use of the credits, availability, quantity, condition and storage conditions (pledged) property offered as proof of, including investees, according to the procedure, determined in the credit agreement;
15.4. perform credit monitoring;
15.5. conclude other bargains and make the actions connected with issue, servicing and repayment of the credits according to acts of the legislation;
15.6. approve transfer to the subsequent pledge of investees.
16. The right can be granted to agent banks according to the service agreement of the credit:
perform preparation of information on the business plan of the applicant (borrower);
request from the applicant (borrower) information specified in subitem 15.1 of Item 15 of this provision and draw up it in the forms determined in the service agreement of the credit for submission to JSC Development Bank Republic of Belarus;
conclude from name and at the expense of JSC Development Bank Republic of Belarus credit agreements and agreements in ensuring obligation fulfillment, following from these credit agreements, and also other agreements specified in subitem 15.2 of Item 15 of this provision on condition of receipt of written consent of JSC Development Bank Republic of Belarus;
perform the actions specified in subitem 15.3 of Item 15 of this provision, and also action in the amount determined in the service agreement of the credit, specified in subitem 15.4 of Item 15 of this provision.
17. The size of interest for using the loans granted to JSC Development Bank Republic of Belarus is established by state programs and actions. In case of absence in state programs and actions of such information the size of interest for using the credits is established by JSC Development Bank Republic of Belarus.
18. Loan granting from name and at the expense of JSC Development Bank Republic of Belarus is performed by money transfer on the current (settlement) account of the borrower or by their transfer according to instructions of the borrower, including in payment of the settlement documents submitted by the borrower.
19. When crediting JSC Development Bank Republic of Belarus of projects at the expense of the funds of the republican budget raised by it in deposits (deposits):
placement of such means is performed by the Ministry of Finance according to bank deposit agreement (deposit) based on the petitions of JSC Development Bank Republic of Belarus created proceeding from the credit agreements signed by this bank, with indication of the purposes of use of these means;
return term to the Ministry of Finance of the money placed in JSC Development Bank Republic of Belarus in contribution (deposit) is determined for the repayment of the loan issued on specific purposes, or as agreed by the parties.
In case of untimely execution by the borrower of obligations on loan repayment JSC Development Bank Republic of Belarus has the right to petition before the Ministry of Finance for possibility of prolongation of term of return to this Ministry of the money placed in JSC Development Bank Republic of Belarus in contribution (deposit).
In case of early (before the terms provided by the credit agreement) execution by the borrower of obligations on loan repayment to the Ministry of Finance the corresponding part of deposit (deposit) is ahead of schedule paid back.
20. The question of crediting of investment projects is considered by JSC Development Bank Republic of Belarus in case of representation by the applicant (along with the documents determined by local regulatory legal acts of this bank) the business plan of the investment project developed according to acts of the legislation.
21. In the cases provided by local regulatory legal acts of JSC Development Bank Republic of Belarus, the applicant provides information on implementation of the investment project on the form established by this bank.
22. The decision on crediting of the investment project can be made in case of its recognition:
cost-efficient - in case of compliance of the indicators of its efficiency calculated in the business plan of the investment project to criteria of reference of projects to the effective, determined by acts of the legislation, and also local regulatory legal acts JSC Development Bank Republic of Belarus;
financially implementable - in case of sufficiency of own sources, the loan and raised funds for financing of the project in the planned terms, and also in case of possibility of repayment of the attracted long-term loans, other obligations in full and fixed term.
23. JSC Development Bank Republic of Belarus of the parts two having the right taking into account provisions and third this Item to require conducting independent examination of investment projects. At the same time costs for its carrying out are performed, as a rule, at the expense of means of applicants. The choice of independent experts is made by the applicant from the list of the organizations approved by JSC Development Bank Republic of Belarus. Criteria of inclusion of independent experts in the list of the organizations approved by JSC Development Bank Republic of Belarus are established by its local regulatory legal acts.
Independent examination is carried out on board decision of JSC Development Bank Republic of Belarus according to investment projects worth more than 50 million US dollars in equivalent, and also irrespective of cost according to the investment projects providing creation and development of the productions corresponding to V and VI technological ways. By board of JSC Development Bank Republic of Belarus other cases of conducting independent examination according to technologically difficult investment projects, and also on the projects providing implementation of the technologies which do not have analogs in the republic in case of release of the new products intended for narrow circle of potential consumers can be established.
Independent examination on board decision of JSC Development Bank Republic of Belarus can be performed as in a complex according to the investment project, and in the different directions (marketing assessment of the investment project, technical (technological) assessment of the investment project, legal treatment of the investment project and other).
Results of independent examination are analyzed by JSC Development Bank Republic of Belarus in case of decision making about financing of the investment project in the terms established by its local regulatory legal acts.
24. The term of return (repayment) of the credit issued for implementation of the investment project is established proceeding from payback periods of the project and shall not exceed 15 years if other is not provided by state programs and actions.
Intermediate terms of return (repayment) of this credit are established proceeding from the planned loan repayment periods provided by the business plan of the investment project (calculation of cash flow for the organization) if other is not provided by state programs and actions. At the same time amounts of intermediate repayments shall be provided with appropriate sources in every period of implementation of the investment project.
25. From the date of the conclusion of the credit agreement investees (movable and immovable things) created (acquired) for the purpose of implementation of state programs and actions taking into account the requirements provided by the Presidential decree of the Republic of Belarus of July 16, 1997 No. 389 "About streamlining of guarantee of state-owned property" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1997, No. 21, Art. 728), are in pledge at JSC Development Bank Republic of Belarus.
The type of investees is determined in the credit agreement.
26. State registration of emergence of mortgage on investees (immovable things) is performed by the organizations for state registration of real estate, the rights to it and transactions with it along with state registration of emergence of the property right to them based on the reference of JSC Development Bank Republic of Belarus represented by the pledger.
29. In case of non-execution or improper execution by the borrower of obligations to JSC Development Bank Republic of Belarus according to the credit agreement return (collection) of debt is made according to the procedure, JSC Development Bank Republic of Belarus established by acts of the legislation, and also local regulatory legal acts.
30. JSC Development Bank Republic of Belarus can make the decision on debt restructuring according to credit agreements or on its indisputable collection according to acts of the legislation and this Provision.
31. In case of overdue debt default according to the credit agreement after 60 days from the date of its education JSC Development Bank Republic of Belarus can introduce in Council of Ministers of the Republic of Belarus and National Bank the offer on indisputable collection of overdue debt from accounts of debtors (borrowers), their debtors on the credit agreement (including debt on credit agreements according to which the right to claim passed from banks to JSC Development Bank Republic of Belarus in case of acquisition of their assets (the credits issued by banks till January 1, 2011 according to decisions of the President of the Republic of Belarus or the Government of the Republic of Belarus) for the purpose of adoption of the joint decision of the Prime Minister of the Republic of Belarus and the Chairman of the board of National Bank.
This decision concerning one or several debtors of the debtor (borrower) is accepted based on the statement for concession of the requirement of the debtor (borrower) and the document confirming receivables availability at the debtor (borrower) and accounts payable at the debtor (the reconciliation statement and another) signed by the debtor and the debtor (borrower).
In case of adoption of such decision completion dates of obligations between JSC Development Bank Republic of Belarus and debtors (borrowers), debtors (borrowers) and their debtors are considered.
Decision making term - 30 days.
In the called decision the debtor of the debtor (borrower) and the amount which is subject to collection who cannot exceed the amount of receivables of this debtor shall be specified.
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The document ceased to be valid since July 16, 2020 according to the Resolution of Council of Ministers of the Republic of Belarus and National Bank of the Republic of Belarus of July 10, 2020 No. 415/14