of January 3, 2018 No. 1
About approval of the Instruction about procedure for consideration of the applications, documents and (or) data on consent for reorganization of business entities, creation of the commercial organizations and associations of business entities
Based on Item 3 of Article 17 and Item 3 of article 19 of the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition", subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702 "Questions of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus", the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:
1. Approve the enclosed Instruction about procedure for consideration of the applications, documents and (or) data on consent for reorganization of business entities, creation of the commercial organizations and associations of business entities.
2. This resolution becomes effective after its official publication.
Minister
V. V. Koltovich
Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 3, 2018 No. 1
1. This Instruction determines procedure for consideration by the Ministry of anti-monopoly regulation and trade of the Republic of Belarus (further – MART) statements for 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, reorganization of the commercial organizations in the form of merge and accession, creation of the commercial organization, union, association, national association (further, unless otherwise specified, – associations of business entities), holding, inclusion of the legal entity in the list of members of holding as its subsidiary company (further, unless otherwise specified, – the statement), and also forms and other requirements to the represented statements, documents and (or) data.
2. For the purposes of this Instruction interested persons are understood as persons who address for implementation of the ministerial procedures provided by Items 2. 3, 2.4, 2.5, 2.71 of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of February 17, 2012 No. 156 (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330), including:
persons performing reorganization in the form of merge or accession;
persons or one of persons who make the decision on creation of the commercial organization, creation of consolidation of business entities, holding, inclusion of the legal entity in the list of members of holding as its subsidiary company;
person holding the dominant position performing reorganization in the form of transformation to joint-stock company.
Other terms and their determinations are used in the values established by the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition" (The national legal Internet portal of the Republic of Belarus, 19.12. 2013, 2/2092).
3. The application is considered by MART through territorial authorities of MART (further, unless otherwise specified, – antimonopoly authority).
4. The application for issue of the document on consent to reorganization of the commercial organizations in the form of accession is considered in antimonopoly authority in the location of the attached legal entity.
The statement for issue of the document on consent to reorganization of the commercial organizations in the form of merge, creation of the commercial organization is considered in antimonopoly authority in the location of the newly created legal entity.
The application for issue of the document on consent to creation of associations of business entities is considered in antimonopoly authority in the location of the created consolidation.
5. MARCH considers the application for 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, and also the statement for issue of the document on consent to reorganization of the commercial organizations in the form of accession, merges, creation of the commercial organization, associations of business entities if one of reorganized in the form of merge, accession of the commercial organizations, one of founders of the created commercial organization, the created association, the union, national association, the 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, are included in the State register of business entities, holding dominant position in the goods markets (republican level), or the State register of subjects of natural monopolies (republican level).
6. The antimonopoly authority within thirty days from the date of receipt of the corresponding statement by it has the right to accept by results of its consideration one of decisions, stipulated in Item 4 Articles 17 and item 4 of article 19 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition".
7. The statement shall contain:
the name of authorized body to which the application is submitted;
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The document ceased to be valid since March 27, 2022 according to Item 2 of the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022 No. 11