RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 7, 2012 No. 640

About procedure for state registration and liquidation of banks, non-bank credit and financial organizations and licensing of banking activity

Based on Item 5-1 of Article 59 of the Civil code of the Republic of Belarus, the paragraph of the twenty ninth of Article 26, of part five, paragraphs of the fourth and seventh of part six of Article 34, 39, Article parts ten 75, Article parts three 77, of Article part one paragraph two 79, of the paragraph of the eleventh of part one of Article 80, Article parts five 87, Article parts four 90, Article parts three 91, Article parts one 93, of the paragraph of the eighth of part one and the paragraph of third of part two of Article 94, of the paragraph of the eighth of part one and part three of Article 95, Article parts two 96, Article parts two 101, Article parts one 107, Articles 108, of paragraphs two and third parts three of article 123 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: Article parts one

1. Approve the Instruction about procedure for state registration and liquidation of banks, the non-bank credit and financial organizations and licensing of banking activity it (is applied).

1-1. The requirement established by the paragraph the second parts one of Item 11 of the Instruction on state registration of banks and non-bank credit and financial organizations and licensing of the banking activity approved by this resolution is not shown to shareholders and other beneficial owners of bank who are the organizations and began to own five and more percent of shares of bank, the non-bank credit and financial organization till January 22, 2013.

The requirement established by part two of Item 11 of the Instruction on state registration of banks and the non-bank credit and financial organizations and licensing of banking activity is not shown to shareholders who are the organizations, began to own five and more percent of shares of bank, the non-bank credit and financial organization till January 22, 2013 and no more than three years before the specified date performed the activities. Such shareholders in addition to the requirements listed in paragraphs the third or seventh to part one of Item 11 of the Instruction on state registration of banks and non-bank credit and financial organizations and licensing of banking activity, also shall have profit following the results of the period of implementation of the activities.

2. To banks till January 1, 2014 to bring the organizational structure into accord with the Law of the Republic of Belarus of July 13, 2012 "About entering of amendments and changes into the Bank code of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 21.07. 2012, 2/1968) regarding exception of departments of the banks of it which are separate divisions of bank.

3. Recognize invalid regulatory legal acts of National Bank of the Republic of Belarus and their separate structural elements according to appendix.

4. This resolution becomes effective since January 22, 2013.

Appendix

to the Resolution of Board of National Bank of the Republic of Belarus of December 7, 2012 No. 640

List of invalid regulatory legal acts of National Bank of the Republic of Belarus and their separate structural elements

1. The resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175 "About approval of the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2001, No. 77, 8/6419).

2. The resolution of Board of National Bank of the Republic of Belarus of December 27, 2001 No. 339 "About entering of amendment into the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations approved by the resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175" (The national register of legal acts of the Republic of Belarus, 2002, No. 19, 8/7721).

3. The resolution of Board of National Bank of the Republic of Belarus of May 30, 2002 No. 104 "About entering of amendments and changes into the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations approved by the resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175" (The national register of legal acts of the Republic of Belarus, 2002, No. 77, 8/8225).

4. The resolution of Board of National Bank of the Republic of Belarus of March 20, 2003 No. 52 "About modification and amendments in the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations approved by the resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175" (The national register of legal acts of the Republic of Belarus, 2003, No. 41, 8/9331).

5. The resolution of Board of National Bank of the Republic of Belarus of October 30, 2003 No. 193 "About entering of amendments and changes into the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2003, No. 134, 8/10259).

6. The resolution of Board of National Bank of the Republic of Belarus of June 30, 2005 No. 94 "About modification and amendments in the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 120, 8/12932).

7. The resolution of Board of National Bank of the Republic of Belarus of September 29, 2005 No. 142 "About modification of the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 171, 8/13274).

8. The resolution of Board of National Bank of the Republic of Belarus of November 22, 2005 No. 162 "About modification of the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 192, 8/13512).

9. The resolution of Board of National Bank of the Republic of Belarus of December 29, 2005 No. 186 "About entering of amendment and changes into the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations and about the organization of work of structural divisions of the banks which do not have own balance" (The national register of legal acts of the Republic of Belarus, 2006, No. 26, 8/13859).

10. The resolution of the Board of directors of National Bank of the Republic of Belarus of January 13, 2006 No. 10 "About modification, recognition voided separate regulatory legal acts of National Bank of the Republic of Belarus concerning submission of the reporting by banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2006, No. 35, 8/13904).

11. The resolution of Board of National Bank of the Republic of Belarus of May 26, 2006 No. 83 "About modification of the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2006, No. 87, 8/14503).

12. The resolution of Board of National Bank of the Republic of Belarus of July 14, 2006 No. 99 "About entering of amendments and changes into the Instruction about procedure for state registration and licensing of activities of banks and non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2006, No. 125, 8/14773).

13. The resolution of Board of National Bank of the Republic of Belarus of October 31, 2006 No. 171 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175" (The national register of legal acts of the Republic of Belarus, 2007, No. 2, 8/15479).

14. The resolution of Board of National Bank of the Republic of Belarus of February 21, 2008 No. 29 "About entering of amendments and changes into the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2008, No. 107, 8/18708).

15. Item 1 of the resolution of Board of National Bank of the Republic of Belarus of October 31, 2008 No. 159 "About introduction of amendments to resolutions of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175 and of September 28, 2006 No. 137" (The national register of legal acts of the Republic of Belarus, 2008, No. 302, 8/19875).

16. Item 1 of the resolution of Board of National Bank of the Republic of Belarus of November 13, 2008 No. 172 "About modification and amendments in some resolutions of Board of National Bank of the Republic of Belarus concerning banking supervision and implementation of auditor activities in bank system" (The national register of legal acts of the Republic of Belarus, 2008, No. 301, 8/20031).

17. The resolution of Board of National Bank of the Republic of Belarus of September 23, 2009 No. 158 "About entering of amendments and changes into the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2009, No. 240, 8/21467).

18. Item 2 of the resolution of Board of National Bank of the Republic of Belarus of May 25, 2010 No. 175 "About modification and amendments in some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 148, 8/22451).

19. Item 1 of the resolution of Board of National Bank of the Republic of Belarus of August 31, 2010 No. 374 "About entering of amendments and changes into some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 225, 8/22777).

20. The resolution of Board of National Bank of the Republic of Belarus of February 2, 2011 No. 36 "About introduction of amendments and changes in the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2011, No. 24, 8/23373).

21. The resolution of Board of National Bank of the Republic of Belarus of September 23, 2011 No. 393 "About modification and amendments in the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2011, No. 114, 8/24237).

22. The resolution of Board of National Bank of the Republic of Belarus of November 24, 2011 No. 537 "About modification and amendments in the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" (The national register of legal acts of the Republic of Belarus, 2011, No. 141, 8/24514).

23. Item 1 of the resolution of Board of National Bank of the Republic of Belarus of June 11, 2012 No. 285 "About entering of amendment and changes into some resolutions of Board of National Bank of the Republic of Belarus concerning the minimum size of the normative capital" (The national register of legal acts of the Republic of Belarus, 2012, No. 72, 8/26064).

Approved by the Resolution of Board of National Bank of the Republic of Belarus of December 7, 2012 No. 640

The instruction about procedure for state registration and liquidation of banks, non-bank credit and financial organizations and licensing of banking activity

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