RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS AND BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 22, 2017 No. 51/524

About procedure for consent on the order money and other property which is part of the allocated assets

Based on part two of Item 28 of the Regulations on financing of the commercial organizations under concession of the rights (requirements) at the expense of the funds raised by bond emission or with the subsequent bond emission, No. 154 approved by the Presidential decree of the Republic of Belarus of May 11, 2017 "About financing of the commercial organizations under concession of the rights (requirements)", Item 10 of the 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", parts two of article 39 of the Bank code of the Republic of Belarus the Ministry of Finance of the Republic of Belarus and Board of National Bank of the Republic of Belarus of POSTANOVLYAYUT:

1. Determine that:

1.1. for receipt of consent to the order money and other property which is part of the allocated assets (further if other is not established, – consent), the special financial organization files in specialized depositary petition for consent (further – the statement).

The statement is constituted in writing if other is not provided by the service provision agreement on accounting and storage of the allocated assets (further – the agreement) and (or) local regulatory legal act of specialized depositary (further – regulations), and it is submitted in specialized depositary on paper, signed by the head or other authorized person of the special financial organization, or in the form of the electronic document.

The documents provided by the agreement and (or) the regulations, confirming order compliance with money and other property which is part of the allocated assets, to requirements of the legislation, the agreement and (or) regulations are enclosed to the application;

1.2. the specialized depositary performs reconciliation of the data specified in the statement, attached to it documents on compliance to the data on the allocated assets which are available in specialized depositary in connection with rendering services in accounting and storage of the allocated assets (further – data on the allocated assets), checks order compliance money and other property which is part of the allocated assets, to requirements of the legislation;

1.3. in case of compliance of the data specified in the statement and the documents attached to it, to data on the allocated assets, orders money and other property which is part of the allocated assets – to requirements of the legislation the specialized depositary agrees.

The specialized depositary agrees to the special financial organization, except for the case specified in part three of this subitem, in writing on paper signed by the head (authorized person) of specialized depositary or in the form of the electronic document. Consent (the copy of consent) received by the special financial organization can be provided to the third parties having according to legal acts the right to implementation of activities for accounting and (or) storage of separate types of the property which is part of the allocated assets.

In case of the cash accounting, the allocated assets which are part, in the specialized depositary which is bank or the non-bank credit and financial organization it is agreed by transfer of money by specialized depositary;

1.4. the specialized depositary refuses consent if the order money and other property which is part of the allocated assets does not conform to requirements of the legislation.

The specialized depositary refuses to the special financial organization consent in writing on paper signed by the head (authorized person) of specialized depositary or in the form of the electronic document;

1.5. the specialized depositary agrees or refuses giving such consent no later than three working days from the date of receipt from the special financial organization of the statement and the documents attached to it if smaller term is not established by the agreement and (or) the regulations, and in case of consent on the order money – no later than the day following behind day of receipt from the special financial organization of the statement and the documents attached to it.

2. This resolution becomes effective since July 1, 2018.

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