RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 29, 2017 No. 1035

About procedure and conditions of the state accreditation on implementation of activities of specialized depositary of the allocated assets

According to Item 3 of the Presidential decree of the Republic of Belarus of May 11, 2017 "About financing of the commercial organizations under concession of the rights (requirements)" the Council of Ministers of the Republic of Belarus DECIDES: No. 154

1. Approve Regulations on procedure and conditions of the state accreditation on implementation of activities of specialized depositary of the allocated assets it (is applied).

2. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 105, 5/9328; 2005, No. 107, 5/16228; 2006, No. 132, 5/22754; No. 207, 5/24361; 2010, No. 118, 5/31768; 2011, No. 133, 5/34822; National legal Internet portal of the Republic of Belarus, 06.02. 2013, 5/36850; 13:03. 2014, 5/38534; 26.07. 2016, 5/42387):

2.1.1. to state subitem 3.13 of Item 3 in the following edition:

"3.13. state regulation of the security market, the relations in the sphere of securitization.";

2.1.2. in item 4:

to exclude from subitem 4.68-4 of the word "and supervision";

add Item with subitem 4.68-27 of the following content:

"4.68-27. in the sphere of securitization:

establishes types of the rights (requirements) for the monetary commitments which are part of the allocated assets, general objective criterions of uniformity of such rights (requirements), ratio of amount of the rights (requirements) depending on their type with amount of one bond issue, bond issue amount limits in relation to the cost of the allocated assets depending on their type;

determines the list of financial assets;

establishes qualification requirements to the persons which are performing functions of sole executive body, being part of collective executive body, and also to the employees of the special financial organization making the actions connected with issue, the address and bond redemption, payment of the income for them, acquisition of securities at the expense of temporarily free money which is part of the allocated assets, securities disposal with right to sign on documents;

establishes requirements to content of local regulatory legal act of the specialized depositary determining procedure and conditions of activities of specialized depositary;

determines procedure for storage, accounting by specialized depositary of the allocated assets, procedure and terms of replacement of specialized depositary;

determines together with National Bank procedure for giving by specialized depositary of the special financial organization of consent to the order money and other property which is part of the allocated assets;

carries out the state accreditation of legal entities on implementation of activities of specialized depositary of the allocated assets;";

2.1.3. to exclude from subitem 7.17-1 of Item 7 of the word "and supervision";

2.2. in Regulations on the Department on securities of the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 31, 2006 No. 982 "About single questions of the Ministry of Finance of the Republic of Belarus and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 132, 5/22754; 2007, No. 253, 5/25990; 2008, No. 66, 5/27291; 2010, No. 118, 5/31768; 2011, No. 133, 5/34822; National legal Internet portal of the Republic of Belarus, 26.07.2016, 5/42387):

2.2.1. in Item 1:

exclude the words "and supervision";

add Item with words ", and also the Ministry of Finance of the powers assigned to it providing implementation on state regulation of the relations in the sphere of securitization";

2.2.2. in Item 3:

to exclude from subitem 3.1 of the word "and supervision";

add Item with subitem 3.1-1 of the following content:

"3.1-1. ensuring implementation of state regulation of the relations by the Ministry of Finance in the sphere of securitization;";

2.2.3. in item 4:

add subitem 4.1 with words ", the relations in the sphere of securitization";

to exclude from subitems 4.6 and 4.7 of the word "and supervision";

add Item with subitems 4.23-5 and 4.23-6 of the following content:

"4.23-5. provides carrying out the state accreditation of legal entities by the Ministry of Finance on implementation of activities of specialized depositary of the allocated assets, maintaining by the Ministry of Finance the register of the granted certificates on the state accreditation;

4.23-6. issues the consent to reorganization or liquidation of the legal entity, being the special financial organization;";

2.2.4. to exclude from subitem 5.3-1 of Item 5 of the word "and supervision";

2.3. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175

2.4. item 4 of the Regulations on procedure for certification of specialists of the security market approved by the resolution of Council of Ministers of the Republic of Belarus of August 18, 2016 No. 651 (The national legal Internet portal of the Republic of Belarus, 23.08. 2016, 5/42500) to state in the following edition:

"4. Competence certificates are issued to persons which underwent certification:

first category:

on making of actions within implementation of all work types and services constituting professional and exchange activity on securities, as the worker, including the head, the professional participant of the security market, and also within performance of works, connected with issue (issue), the address and the securities redemption, as the issuer's worker, except for the special financial organization;

on making of actions as the person, performing function of the sole executive body which is part of collegiate executive body or who is the employee of the special financial organization, making the actions connected with issue, the address and bond redemption, payment of the income for them, acquisition of securities at the expense of temporarily free money which is part of the allocated assets, securities disposal with right to sign on documents;

second category:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info