RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of April 20, 2012 No. 34

About introduction of amendments to the resolution of the Ministry of Economics of the Republic of Belarus of November 30, 2009 No. 188

Based on part two of Item 3 of article 12 of the Law of the Republic of Belarus of December 10, 1992 "About counteraction of monopolistic activities and development of the competition" in edition of the Law of the Republic of Belarus of January 10, 2000 the Ministry of Economics of the Republic of Belarus DECIDES:

1. Bring in the resolution of the Ministry of Economics of the Republic of Belarus of November 30, 2009 No. 188 "About approval of the Instruction about procedure for carrying out ministerial procedure "Issue of the document on consent to transaction with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities" both modification and amendments in some resolutions concerning anti-monopoly regulation" (The national register of legal acts of the Republic of Belarus, 2010, No. 14, 8/21743; No. 66, 8/22005) following changes:

1.1. to state the name of the resolution in the following edition:

"About approval of the Instruction about procedure for consideration of the applications of legal entities and individual entrepreneurs about consent on transactions with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities and modification and amendments in some resolutions concerning anti-monopoly regulation";

1.2. state Item 1 in the following edition:

"1. Approve the enclosed Instruction about procedure for consideration of the applications of legal entities and individual entrepreneurs about consent on transactions with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities.";

1.3. in the Instruction about procedure for carrying out ministerial procedure "Issue of the document on consent to transaction with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities", approved by this resolution:

1.3.1. to state the name of the Instruction in the following edition:

"The instruction about procedure for consideration of the applications of legal entities and individual entrepreneurs about consent on transactions with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities";

1.3.2. in Item 1 of the word "the list of the ministerial procedures performed by the Ministry of Economics concerning legal entities and individual entrepreneurs approved by the resolution of Council of Ministers of the Republic of Belarus of October 26, 2007 No. 1406 (The national register of legal acts of the Republic of Belarus, 2007, 263, 5/26045) (further – the list)" shall be replaced with words No. "the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the approved resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156 (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330) (further – the single list)";

1.3.3. state Item 2 in the following edition:

"2. This Instruction determines procedure for acceptance by Department of price policy of the Ministry of Economics of the Republic of Belarus (further – Department) and managements of antimonopoly and price policy regional (Minsk city) executive committees (further – managements of antimonopoly and price policy) (further – authorized body) the executive decision concerning statements of legal entities and individual entrepreneurs for consent on transactions in cases, stipulated in Item 2 articles 12 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition.";

1.3.4. in Item 3:

exclude part one;

replace the words "Other Terms" with the word "Terms";

1.3.5. in the name of Chapter 2, parts one and the second Item 4, the name of Chapter 3, Items 6, of 7, of 10, parts one and the second Item 11, paragraph one of Item 12, the name of Chapter 4, Items 15-18, the name of Chapter 5, paragraphs the first, second Item 19, paragraphs the sixth and seventh 20, the name of appendix 4 of the word "written address" to replace Item parts one with the word "statement" in the corresponding case;

1.3.6. in item 4:

in part one the word "Department" shall be replaced with words "authorized body";

in word part two "Department" and "addresses" to replace respectively with words "authorized body" and "statements";

1.3.7. in Items 8, of 9, the paragraph the second Item 12, Items 13, the 18th word "Department" shall be replaced with words "authorized body" in the corresponding case;

1.3.8. state Item 6 in the following edition:

"6. The application is submitted by the interested person to management of antimonopoly and price policy in the location of person concerning which the transaction is performed.

The application is submitted by the interested person to Department if the transaction can entail origin or strengthening of dominant position of business entity in the republican goods market, namely:

the interested person and person concerning whom the transaction is performed perform the activities in the same goods market;

the interested person and (or) person concerning whom the transaction is performed is included in the State register of the business entities holding dominant position in the republican goods market or in the State register of subjects of natural monopolies (at the republican level);

the share of the interested person and (or) person concerning whom the transaction is performed in the republican goods market exceeds 20 percent.";

1.3.9. in Item 7:

"Item 5 of the list" shall be replaced with words words "Item 2.6 of Chapter 2 of the single list";

"the legal entities controlling property of other legal entities" shall be replaced with words words "persons capable directly or indirectly to determine decisions of other persons or to exert impact on their acceptance by means of ownership of one person in authorized fund of other legal entity of more than 20 percent of shares, shares or shares of its authorized fund,";

1.3.10. in Item 11:

state part one in the following edition:

"11. The application is not considered before submission of all documents and (or) data, stipulated in Item 2.6 Chapters 2 of the single list, or before specifying in writing of the reasons explaining impossibility for the interested person of provision of the above-stated documents and (or) data. Supplied documents and (or) the information shall be provided to authorized body no later than ten days from the date of filing of application.";

in part two the word "Department" shall be replaced with words "authorized body";

1.3.11. in Item 19:

in paragraph one "Department" shall be replaced with words the word "authorized body";

in paragraph four to replace the word "implementation" with the word "making";

1.3.12. in Item 20 part one:

in paragraph one shall be replaced with words the word of "Department" "authorized body";

in paragraph three of the word "legal addresses of the interested person and legal entity" shall be replaced with words "the location of the interested person and person";

in paragraph eight of the word "department directors" shall be replaced with words "the head of authorized body";

1.3.13. state appendices 1-3 in the following edition:

"Appendix 1

to the Instruction about procedure for consideration of the applications of legal entities and individual entrepreneurs about consent on transactions with shares, property shares in property of cooperatives (shares), shares of authorized funds of legal entities

Form

Department of price policy

Ministries of Economics

Republic of Belarus

(Management of anti-monopoly

and price policy of regional

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