DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of January 24, 2013 No. 2

About entering of amendments and changes into the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1

For the purpose of enhancement of procedure for state registration and liquidation (the activities termination) of commercial and non-profit organizations, individual entrepreneurs, and according to part three of article 101 of the Constitution of the Republic of Belarus I decide protection of the rights of investors and creditors:

1. Bring in the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418; 2011, No. 74, 1/12633) following amendments and changes:

1.1. in Item 2:

to add subitem 2.2 part one after the words "behind carrying out" with words "registering bodies";

in part two of subitem 2.3 of the word of "subjects of managing" shall be replaced with words "legal entities, individual entrepreneurs";

state subitem 2.4 in the following edition:

"2.4. banks, the non-bank credit and financial organizations within one working day from the date of opening current (settlement) and other accounts the created (reorganized) commercial and non-profit organizations, individual entrepreneurs shall direct:

message on opening current (settlement) and other accounts to the relevant tax authority;

message on opening of the current (settlement) account to relevant organ of Social Security Fund of the population of the Ministry of Labour and Social Protection;";

add Item with subitem 2.5 of the following content:

"2.5. owners of property (the founder, the participant), the head of the non-profit organization created (created) in the form of organization or association (union) in case of the circumstances attracting violation of the requirements containing in paragraph four of part one of Item 19 of the Regulations on state registration of subjects of the managing approved by this Decree shall provide in two-month time taking measures, the provided in paragraph four of part one of subitem 3.3 of Item 3 of the Regulations on liquidation (the activities termination) of subjects of the managing approved by this Decree.";

1.2. To be reworded as follows the regulations on state registration of subjects of managing approved by this Decree it (is applied);

1.3. To be reworded as follows the regulations on liquidation (the activities termination) of subjects of managing approved by this Decree it (is applied).

2. Determine that the name (trade name) of the unitary enterprise which property is in private property of the legal entity shall not contain specifying on pattern of ownership.

3. In three-months time to provide to Council of Ministers of the Republic of Belarus, National Bank and the Supreme Economic Court reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

4. This Decree becomes effective in three months after its official publication, except for Item 3 and the part one of this Item which are becoming effective from the date of its signing is temporary and according to part three of article 101 of the Constitution of the Republic of Belarus is submited National assembly of the Republic of Belarus.

Liquidation (the activities termination) of subjects of managing, the decision on liquidation (the activities termination) of which it is accepted before entry into force of this Decree, it is performed according to the procedure, acting before entry into force of this Decree.

The unitary enterprises which property is in private property of legal entities and names (trade names) of which contain specifying on pattern of ownership, shall in case of the next adjustment of charters, but no later than one year from the effective date of this Decree, to make changes to them according to Item 2 of this Decree.

Owners of property (the founder, the participant), the head of the non-profit organization created in the form of organization or association (union) and registered before entry into force of this Decree in case of availability of the circumstances attracting violation of the requirements containing in paragraph four of part one of Item 19 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, shall within two months after entry into force of this Decree provide taking measures, the provided in paragraph four of 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.

Approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1

(in edition of the Decree of the President of the Republic of Belarus of January 24, 2013 No. 2)

Plozheniye about state registration of subjects of managing

CHAPTER 1 GENERAL PROVISIONS

1. Are subject to state registration according to this Provision:

1.1. the created (reorganized) legal entities:

economic partnerships and societies, the unitary enterprises, production cooperatives, including the agricultural production cooperatives, national associations which are the commercial organizations and peasant farms (further - the commercial organizations);

associations (unions) - merging of commercial and (or) non-profit organizations, merging of the commercial organizations and (or) individual entrepreneurs, the national associations which are non-profit organizations, consumer cooperatives, gardening partnerships, commerce and industry chambers, organizations, partnerships of owners (the daleenekommerchesky organizations);

1.2. individual entrepreneurs;

1.3. changes and (or) additions made to charters of commercial and non-profit organizations (foundation agreements - for the commercial organizations acting only on the basis of the foundation agreements), the changes made to certificates on state registration of individual entrepreneurs.

2. State registration of banks, non-bank credit and financial organizations, insurance companies, insurance brokers, associations of insurers, national associations, the open joint stock companies created in the course of privatization of state-owned property, the changes and (or) additions made to their charters (foundation agreements - for the commercial organizations acting only on the basis of the foundation agreements), is performed according to the procedure, provided by this Provision, taking into account the features established by the legislation for appropriate subjects of managing. By legal acts features of state registration of other subjects of managing taking into account the types of activity performed by them can be established.

3. Regulations of this provision are not applied in case of state registration of republican state public associations, funds, religious organizations, reference tribunals, Bars, lawyer bureaus, and also political parties and other public associations, their unions (associations), unions (associations) by the form (types) of sport created with participation of public association (public associations). At the same time state registration of the unions (associations) by the form (types) of sport created with participation of public association (public associations) is performed according to the procedure, established for state registration of the unions (associations) of public associations.

4. State registration of the legal entity is made in the place of its stay, the individual entrepreneur - at the place of residence.

5. The premises (the apartment, the apartment house) of the physical person - the owner of property of the private unitary enterprise, the head of peasant farm (further - premises) in one of the following cases can be the location of the private unitary enterprise, peasant farm:

the premises belong to it on the property right (is in equity or joint property) - with the consent of other owner (all owners), and also all full age members of his family (members of the family of all owners) living in this room;

he constantly lives in premises (except for premises of the state housing stock) what confirm mark in the identity document, or data in registration card, - with the consent of the owner (all owners) of premises of private housing stock, and also living in this room of all full age members of the family of the owner (all owners).

At the same time are levied from the owner of premises payment for the utilities and other payments connected with operation of such room, according to the procedure, determined by Council of Ministers of the Republic of Belarus.

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