RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

"2.3. Issue of the document on consent to creation of the union, association, national association (further in this Item – consolidation), reorganization of the commercial organizations in the form of merge and accession

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

the statement with reasons for feasibility of creation of merging of business entities, reorganization of business entities

the documents confirming the decision of founders, participants, the owner of property about entry into consolidation on reorganization (for the state unitary enterprises – the draft decision of authorized body (organization)

data on book value of assets of founders of consolidation, the reorganized commercial organizations on the last reporting date preceding date of filing of application (except for the organizations which are not constituting accounting records according to the legislation)

data on total revenue from sales of goods (works, services) of founders of consolidation, the reorganized commercial organizations following the results of the accounting year preceding year of establishment of consolidation, reorganization

data on core activities, main types of goods (works, services), production volumes, deliveries of founders of consolidation, the reorganized commercial organizations in natural and value term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

information about persons owning 20 and more percent of shares (share in authorized fund) of founders of consolidation and their participants, the reorganized commercial organizations and their participants, and also about legal entities, 20 and more percent of shares (share in authorized fund) of which owns or has the right to dispose on any basis specified persons (for economic societies)

information about persons entering one group of persons with each founder of consolidation with each reorganized commercial organization, with indication of signs on which such persons enter this group of persons, and also the list of main types of goods (works, services) delivered by these persons on the market. When implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods (whether) on which perform activities the founder of consolidation, the reorganized commercial organization(s), data on production volumes and deliveries by these persons of goods (works, services) in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application are represented

the draft of the charter of the created consolidation, the draft of the charter of the commercial organization created as a result of reorganization in the form of merge, the project of changes and (or) amendments in the charter of the reorganized commercial organization in the form of accession (in case of their availability)

30 days

1 year

free of charge

2.4. Issue of the document on consent to creation of holding, inclusion of the legal entity in the list of members of holding as its subsidiary company

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

the statement with reasons for feasibility of creation of holding, inclusion in its list of the new participant

the copy of the decision on creation (inclusion in structure) of holding with the list of members of holding

data on book value of assets of each member of holding on the last reporting date preceding date of filing of application (except for the organizations which are not constituting accounting records according to the legislation), – in case of filing of application about approval of creation of holding

data on total revenue from sales of goods (works, services) of each member of holding following the results of the accounting year preceding year of establishment of holding – in case of filing of application about approval of creation of holding

data on core activities, main types of goods (works, services), production volumes, deliveries of each member of holding in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application – in case of filing of application about approval of creation of holding

data on core activities, main types of goods (works, services), production volumes, deliveries of each member of the holding and the legal entity included in structure of holding in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application – in case of filing of application about approval of inclusion of the legal entity in the list of members of holding
information about persons entering one group of persons with each of members of holding (or with each of members of holding and the legal entity included in structure of holding), with indication of signs on which such persons enter group of persons, and also the list of main types of goods (works, services) delivered by these persons on the market. When implementing by persons entering one group of persons, in the market of interchangeable (similar) goods in which the member(s) of holding performs activities (or the member(s) of holding, the legal entity included in structure of holding) data on production volumes and deliveries by these persons of goods (works, services) in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application are represented to activities

for participants – the nonresidents of the Republic of Belarus included in structure of holding the legalized statement from the trade register of the country of organization dated no later than 1 year about day of filing of application or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization with transfer on Belarusian or Russian in addition is submitted (the signature of the translator is notarially witnessed)

30 days

1 year

free of charge

2.5. Issue of the document on consent to reorganization of the business entity holding dominant position in the goods markets in the form of transformation to joint-stock company

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

the statement with reasons for feasibility and possibility of change or preserving organizational structure of management of the transformed business entity, including allocation of structural divisions in independent legal entities

the copy of the document confirming the decision of participants, the owner (authorized body (organization) about reorganization of the business entity holding dominant position in the form of transformation to joint-stock company

data on organizational structure of management of the reorganized business entity

data on possibility of organizational and (or) territorial isolation of structural divisions

data on availability (absence) of close technological interrelation of structural divisions

data on subject specialization of structural divisions

data on availability (absence) of differentiation of fields of activity of structural divisions within narrow subject specialization

data on core activities, main types of goods (works, services), production volumes, deliveries in value and natural term of the reorganized business entity, share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

information about persons entering one group of persons with the reorganized business entity with indication of signs on which such persons enter this group of persons, and also the list of the main goods (works, services) delivered by them on the market. When implementing by persons entering one group of persons, in the market of interchangeable (similar) goods in which the reorganized business entity performs activities data on production volumes and deliveries of goods by them (works, services) in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application are represented to activities

the project of the charter of joint-stock company created as a result of transformation

the draft agreement about creation of joint-stock company (in case of its availability)

information about persons owning 20 and more percent of shares (share in authorized fund) of the reorganized business entity and his participants and also about legal entities, 20 and more percent of shares (share in authorized fund) of which owns or has the right to dispose on any basis specified persons (for economic societies)

30 days

1 year

free of charge

2.6. Issue of the document on consent to transaction with shares, shares in authorized capitals of business entities

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

statement

the copy of the balance sheet of business entity, the share (share in authorized fund) of which are acquired, on the last reporting date preceding date of filing of application with the profit and loss statement (except for the organizations which are not constituting accounting records according to the legislation)

data on total revenue from sales of goods (works, services) of business entity, the share (share in authorized fund) of which are acquired, following the results of the accounting year preceding year of acquisition

data on core activities, main types of goods (works, services), production volumes, deliveries in natural and value term of the acquirer and business entity, the share (share in authorized fund) of which are acquired, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

information about persons owning 20 and more percent of shares (share in authorized fund) of the acquirer and his participants, business entity of the share (share in authorized fund) of which is acquired, and his participants, and also about legal entities, 20 and more percent of shares (share in authorized fund) of which owns or has the right to dispose on any basis specified persons

the list of persons entering one group of persons separately with the acquirer and business entity, shares (share in authorized fund) of which are acquired, with indication of signs on which such persons enter this group of persons, and also the list of main types of goods (works, services) delivered by these persons on the market. When implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods in which perform activities the acquirer business entity, shares (share in authorized fund) of which are acquired, represented data on production volumes and deliveries by these persons of goods (works, services) in value and natural term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

the draft document which draws up making of this transaction, approved by persons making the transaction for the date preceding date of filing of application

the acquirer – the nonresident of the Republic of Belarus the legalized statement from the trade register of the country of organization dated no later than 6 months about day of filing of application or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization with transfer on Belarusian or Russian in addition is submitted (the signature of the translator is notarially witnessed), the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations)

30 days

1 year

free of charge";

"2.7-1. Issue of the document on consent to creation of the commercial organization

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

statement

copies of the documents confirming decision making about creation of the commercial organization

data on book value of assets of each of founders – legal entities of the created commercial organization on the last reporting date preceding date of filing of application (except for the organizations which are not constituting accounting records according to the legislation)

data on total revenue from sales of goods (works, services) of each of founders – legal entities of the created commercial organization following the results of the accounting year preceding year of establishment of the commercial organization

the copy of the balance sheet of the commercial organization, the share (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, on the last reporting date preceding date of filing of application with the profit and loss statement (except for the organizations which are not constituting accounting records according to the legislation)

data on total revenue from sales of goods (works, services) of the commercial organization, the share (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet following the results of the accounting year preceding year of its creation

copies of the transfer act or the separation balance sheet (in case of their availability)

the draft of the charter of the created commercial organization

data on core activities, main types of goods (works, services), production volumes, deliveries of each of founders – legal entities of the created commercial organization, the commercial organization, the share (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization, shares (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, in natural and value term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

information about persons owning 20 and more percent of shares (share in authorized fund) of each of founders – legal entities of the created commercial organization and their participants, the commercial organization, the share (share in authorized fund) of which serves as contribution to authorized capital of the created commercial organization, and her participants, the commercial organization, the share (share in authorized fund) of which is acquired by the created commercial organization based on the transfer act or the separation balance sheet, and her participants, and also of legal entities, 20 and more percent of shares (share in authorized fund) of which owns or has the right to dispose on any basis specified persons

information about persons entering one group of persons with each of founders of the created commercial organization with the commercial organization, shares (share in authorized fund) of which serves as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which is acquired by the created commercial organization based on the transfer act or the separation balance sheet, and also the list of main types of goods (works, services) delivered by these persons on the market. When implementing by persons entering one group of persons, activities in the market of interchangeable (similar) goods in which perform activities the founder(s) of the created commercial organization the commercial organization, shares (share in authorized fund) of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, data on production volumes and deliveries by these persons of goods (works, services) in natural and value term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application are represented

founders – nonresidents of the Republic of Belarus the legalized statement from the trade register of the country of organization dated no later than 6 months about day of filing of application or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization with transfer on Belarusian or Russian in addition is submitted (the signature of the translator is notarially witnessed), the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations)

founders – physical persons the copy of the identity document in addition is submitted

30 days

1 year

free of charge

2.7-2. Issue of the document on draft agreement compliance to requirements of the antitrust law

Ministry of Economics through Department of price policy, management of antimonopoly and price policy of regional executive committee (The Minsk Gorispolkom)

statement

data on core activities, main types of goods (works, services), production volumes, deliveries of each of the business entities intending to sign the agreement in natural and value term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application

information about the main consumers, suppliers of raw materials (materials) and component parts necessary for production of goods (works, services), each of the business entities intending to sign the agreement

information about prime vendors of goods (works, services) delivered on the same goods markets on which deliver goods (works, services) the business entities intending to sign the agreement

information on participation of legal and (or) physical persons in authorized capitals of the business entities intending to sign the agreement

information about persons entering one group of persons with each of the business entities intending to sign the agreement with indication of signs on which such persons enter into this group, and also the list of main types of goods (works, services) delivered by these persons on the market. When implementing by persons entering one group of persons, in the market of interchangeable (similar) goods in which the managing subject(s) intending to sign the agreement performs activities data on production volumes and deliveries by these persons of goods (works, services) in natural and value term, their share in the corresponding goods market for the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application are represented to activities

the draft agreement, economic case of the agreement with indication of the purpose of the agreement, the expected results concerning each business entity intending to sign the agreement and concerning other subjects of the market who are not participating in the agreement

the data proving agreement compliance to the criteria of admissibility of agreements established by the antitrust law

for business entities – nonresidents of the Republic of Belarus the legalized statement from the trade register of the country of organization dated no later than 6 months about day of filing of application or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization with transfer on Belarusian or Russian in addition is submitted (the signature of the translator is notarially witnessed), the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations)

30 days

1 year

free of charge".