RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 11, 2015 No. 735

About entering of amendments and changes into some regulatory legal acts of National Bank of the Republic of Belarus

Based on paragraphs of the twenty sixth, twenty seventh, thirty sixth of Article 26, paragraphs two, the third, seventh and eighth Article part four 34, paragraph of the fourth of part fifteen of Article 35, Article parts one 39, Article parts two 107, parts of first or third, sixth Article 111, Articles 112, 113, Article parts five 115, Articles 116, 117, 119, Article parts six 122, paragraph of the thirteenth of part one, paragraph of the sixth of part two, parts three and sixth Article 134, paragraph of the fourth of part three of article 134-1 of the Bank code of the Republic of Belarus, subitem 3.6 of Item 3 of Article 132 and subitem 3.1 of Item 3 of article 133 of the Tax Code of the Republic of Belarus and in pursuance of part two of article 11 of the Law of the Republic of Belarus of June 4, 2015 "About modification and amendments in some laws of the Republic of Belarus" and paragraph two of article 74 of the Law of the Republic of Belarus of January 5, 2015 "About the security market" the Board of National Bank of the Republic of Belarus DECIDES:

1. Make additions and changes to the following resolutions of Board of National Bank of the Republic of Belarus:

1.1. in the Instruction about standard rates of safe functioning for banks and the non-bank credit and financial organizations approved by the resolution of Board of National Bank of the Republic of Belarus of September 28, 2006 No. 137 (The national register of legal acts of the Republic of Belarus, 2006, No. 186, 8/15213; 2007, No. 158, 8/16713; 2009, No. 55, 8/20511; 2011, No. 49, 8/23585; No. 123, 8/24309; National legal Internet portal of the Republic of Belarus, 01.12. 2012, 8/26568; 12:07. 2013, 8/27684; 20:05. 2014, 8/28673; 11:09. 2014, 8/29104; 30.09. 2014, 8/29146; 31.12. 2014, 8/29454; 26.04. 2015, 8/29830; 22:08. 2015, 8/30171; 05:09. 2015, 8/30209):

1.1.1. in Item 2:

add Item with subitem 2.3-1 of the following content:

"2.3-1. the encumbered assets - means in banks, the non-bank credit and financial organizations, securities, credit debt and other assets concerning which according to conditions of prisoners bank, the non-bank credit and financial organization of transactions the partner or the third parties have or in the cases and procedure provided by the concluded bargains will acquire the right of alienation of the specified assets without the consent of bank, the non-bank credit and financial organization, except as specified collections of payment (remuneration, the commission) for the services rendered according to the agreement on placement of the corresponding asset;";

state subitem 2.6 in the following edition:

"2.6. the derivative financial instrument - the derivative security and (or) other financial instrument of which acquisition of right and (or) establishment of obligation on purchase or sale of underlying asset are result. Money, securities, other currency values, precious metals, interest rates, credit resources, the stock indexes, the standardized services, goods and other assets which are subject of the transactions made in the territory of the Republic of Belarus and (or) beyond its limits can be underlying assets of the derivative financial instrument;";

in paragraph ten of subitem 2.19 and the paragraph the sixth subitem 2.20 of the word "derivative securities" shall be replaced with words "derivative financial instruments";

exclude subitem 2.22;

add Item with subitems 2.44-1-2.44-5 of the following content:

"2.44-1. irrevocable obligations - contingent obligations of bank, non-bank credit and financial organization from which execution bank, the non-bank credit and financial organization in accordance with the terms of the agreement has no right to refuse;

2.44-2. conditional and revocable obligations - contingent obligations of bank, non-bank credit and financial organization from which execution bank, the non-bank credit and financial organization can refuse in the cases provided by terms of the contract;

2.44-3. unconditional and revocable obligations - contingent obligations of bank, non-bank credit and financial organization from which execution bank, the non-bank credit and financial organization can refuse at any time without prior notice in accordance with the terms of the agreement;

2.44-4. the line of crediting - the obligation of bank, non-bank credit and financial organization for provision of money for the purpose of ensuring implementation of transactions of the client (partner) in usual conditions of activities;

2.44-5. the line of liquidity - the irrevocable or conditional and revocable obligation of bank, non-bank credit and financial organization for provision of money for the purpose of maintenance of liquidity of the client (partner) in stressful conditions in case of its inability to fulfill the obligations to creditors and lack (restriction) of access to receipt of financing in the public market;";

in subitem 2.45:

replace figures "005-2006" with figures "005-2011";

shall be replaced with words the words "on December 28, 2006 No. 65" "on December 5, 2011 No. 85";

words", change and cancellation of technical regulatory legal acts in the field of technical regulation and standardization and" to exclude;

state subitem 2.46 in the following edition:

"2.46. financial activities - the activities relating to financial and insurance activity according to OKED, except for banking activity, services connected with sending and payment of postal money transfers, services of post systems in calculation for utility and other services and also the guarantee for the third parties providing obligation fulfillment in cash, issue of guarantees, property trust management, implementation of storage as one of the purposes of professional activity (the professional keeper);";

add Item with subitems 2.48-2.54 of the following content:

"2.48. the conservation buffer - the reserve stock of the normative capital supported by bank, the non-bank credit and financial organization over the established minimum value which can cover losses in stressful for bank, the non-bank credit and financial organization conditions;

2.49. the non-bank financial organizations - the organizations performing financial activities;

2.50. participation in authorized fund - the long-term financial investments in the form of deposits to authorized funds of legal entities, the property right and other corporeal rights to share in authorized fund (share), property of legal entities for the purpose of participation in their management and (or) profit earning;

2.51. mutual participation in authorized fund - participation of banks, non-bank credit and financial organizations, non-bank financial organizations in authorized fund of each other;

2.52. the concepts "deferred tax asset", "deferred tax liability" have the values determined by the National accounting standard 12th "Income taxes" (NSFO 12) approved by the resolution of Board of National Bank of the Republic of Belarus of June 25, 2013 No. 392;

2.53. the concept "derivative securities" matters, determined by the Law of the Republic of Belarus of January 5, 2015 "About the security market" (The national legal Internet portal of the Republic of Belarus, 10.01. 2015, 2/2229);

2.54. the concepts "term irrevocable bank deposit (deposit)", "conditional irrevocable bank deposit (deposit)", "term revocable bank deposit (deposit)", "conditional revocable bank deposit (deposit)" have the values determined by the Decree of the President of the Republic of Belarus of November 11, 2015 No. 7 "About attraction of money in deposits (deposits)" (The national legal Internet portal of the Republic of Belarus, 12.11. 2015, 1/16097).";

1.1.2. in Item 3 part one:

after the paragraph of third to add part with the paragraph of the following content:

"standard rate of leverage;";

the fourth or twelfth to consider paragraphs respectively paragraphs the fifth or thirteenth;

1.1.3. in item 4 part one:

after paragraph two to add part with the paragraph of the following content:

"standard rate of leverage;";

the third and fourth to consider paragraphs respectively paragraphs the fourth and fifth;

1.1.4. Item 6 after words "sufficiency of the normative capital," to add with the word of "leverage";

1.1.5. state Items 10-13 in the following edition:

"10. The normative capital is intended for covering of losses of bank, the non-bank credit and financial organization in regular activities and stressful conditions. The normative capital is calculated as capital sum of the I level and the capital of the II level.

11. The capital of the I level is intended for maintenance of normal functioning of bank, the non-bank credit and financial organization and covering of losses at the time of their origin. The capital of the I level is calculated as the amount of fixed capital of the I level and the supplementary capital of the I level.

Are taken into consideration of fixed capital of the I level:

the registered authorized capital (regarding the emitted common (ordinary) shares);

share premium according to common (ordinary) shares;

the funds created by profit of last years, except fund of dividends, confirmed with auditing organization (the auditor performing activities as the individual entrepreneur (further - the auditor - the individual entrepreneur);

the profit of last years confirmed with auditing organization (the auditor - the individual entrepreneur).

Fixed capital of the I level decreases by the amount:

losses of last years;

the relating to last years delayed, and also added and uncollected income;

intangible assets (less charged depreciation);

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