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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 19, 2008 No. 100

About some questions of possessory supervision

(The last edition from 08-02-2013)

For the purpose of settlement of some questions of participation of the state in management of economic societies:

1. Determine that:

1.1. representatives of the state in governing bodies of economic societies, the share (share in authorized funds) which belong to the Republic of Belarus or administrative and territorial units (further - economic societies), workers, including government employees, state bodies and other state organizations can be, authorized to manage shares (shares in authorized funds) of the economic societies (exercising possessory supervision), and other citizens of the Republic of Belarus who signed civil contracts with such bodies and the organizations.

Deputy prime ministers of the Republic of Belarus, heads of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus and their deputies - can also be representatives of the state in governing bodies of economic societies in case of appointment of representatives of the state Council of Ministers of the Republic of Belarus, including together with National Bank;

1.2. procedure for appointment of the representatives of the state, the basis for the termination of their powers specified in subitem 1.1 of this Item, and also requirements imposed to such representatives their rights and obligations are established by Council of Ministers of the Republic of Belarus taking into account requirements of this Decree and other legal acts.

Representatives of the state in governing bodies of banks which stocks the Republic of Belarus owns are appointed by Council of Ministers of the Republic of Belarus together with National Bank;

1.3. if other is not provided by legal acts, the remuneration charged since April 1, 2008 is paid to representatives of the state in governing bodies of economic societies quarterly by net profit of these societies for the accounting period (quarter, year) in the sizes determined according to charters of societies, but no more standard rates according to appendix;

1.4. the line item of the representative of the state in governing bodies of economic societies in which authorized capitals more than 50 percent of shares (shares) belong to the Republic of Belarus concerning alienation * such societies of real estate objects which are in property **, share in the right of common property on them, the cost of each of which exceeds 10 thousand basic sizes, is determined by Council of Ministers of the Republic of Belarus based on offers of state bodies and other state organizations, authorized to manage shares (shares in authorized funds) of such economic societies.

______________________________

* Alienation is understood as transfer of real estate objects from property of economic society in property of other persons on paid or non-paid basis, including entering of real estate objects into authorized capital of the legal entity.

** Real estate objects are understood as capital structures (buildings, constructions), the isolated rooms, parking places, the incomplete preserved and incomplete not preserved capital structures located in Brest, Vitebsk, Gomel, Grodno, Mogilev, Minsk.

2. To Council of Ministers of the Republic of Belarus:

within year after the introduction of this Item in force to provide entering in accordance with the established procedure into the House of Representatives of National assembly of the Republic of Belarus of drafts of the laws directed to reduction of the laws in compliance with this Decree;

in three-months time to provide reduction of acts of the legislation in compliance with this Decree;

determine procedure of payments of profitability of economic societies for calculation of the amount of remuneration paid to representatives of the state in governing bodies of these societies.

3. To local councils of deputies or according to their order to regional executive committees and the Minsk Gorispolkom in three-months time to bring the decisions into accord with this Decree.

4. This Decree becomes effective in 10 days after its official publication, except for Items 2, 3 and this Item, becoming effective from the date of signing of the Decree.

 

President of the Republic of Belarus A. Lukashenko

Appendix

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