RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 20, 2017 No. 520

About other bases for making the order on carrying out unscheduled inspection, purpose of unscheduled inspection

Based on the paragraph of the twenty seventh of Article 26, of the paragraph of the fourth of part five of article 34 of the Bank code of the Republic of Belarus, subitem 12.2 of Item 12 of the Presidential decree of the Republic of Belarus of October 16, 2009 "About enhancement of control (supervising) activities in the Republic of Belarus" the Board of National Bank of the Republic of Belarus DECIDES: No. 510

1. Determine that the assignment on carrying out unscheduled inspection can be given, unscheduled inspection of bank, "Development Bank of the Republic of Belarus" open joint stock company or non-bank credit and financial organization (further – bank), the legal entity, the Bank code of the Republic of Belarus which is not the bank and recognized according to Article 35 which is part of bank holding (further – the member of holding), can be appointed in addition to the bases provided by the paragraph the fourth parts two of subitem 12.2 of Item 12 of the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" for the purpose of carrying out by National Bank supervision of banking activity and activities of "Development Bank of the Republic of Belarus" open joint stock company, including on the consolidated basis, on the following bases:

statement of bank and (or) member of holding;

non-presentation, untimely representation, representation doubtful and (or) not in full the reporting, and also other information obligatory for submission to National Bank according to the legislation, or need of check of their reliability;

discrepancy of the settlement and actually created special reserve on the assets and transactions which are not reflected in balance and also need of assessment of sufficiency of the created reserves;

information availability about the transactions made by bank and (or) the member of holding which size exceeds 10 percent of the normative capital;

availability of negative auditor opinion or auditor opinion with clause, refusal of expression of auditor opinion by results of audit of annual accounting records of banks and (or) the annual accounting (financial) activity reporting of banking group, bank holding;

availability in the conclusions and (or) reports of external audit by results of audit of annual accounting records of banks and (or) the annual accounting (financial) activity reporting of banking group, bank holding of the facts and conclusions testimonial of violations and (or) shortcomings of their work, including of corporate management systems, internal control and risk management;

availability of information on violations and (or) shortcomings of the organization of risk management systems; corporate management, including incentive plan and compensations; internal control, including in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction;

availability of the facts which are negatively influencing reputation risks of bank and (or) the member of holding, including availability of the brought criminal cases concerning officials and members of collegiate organs of management;

systematic (two times and more within a month) operational changes of regulations of system operation of interbank payment of National Bank (BISS system) under requests of bank;

need of assessment of sufficiency and efficiency of the taken measures for elimination of earlier revealed violations and (or) shortcomings, checks of observance of measures of supervising reaction and accomplishment of other decisions of National Bank, assessment of level of the risks accepted by bank within realization by National Bank of the purposes and tasks in the field of banking supervision on maintenance of banking system stability and depositor protection and other creditors, and also checks of observance of procedure and terms of liquidation of bank.

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of March 19, 2010 No. 66 "About the bases of appointment of unscheduled inspections as National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 94, 8/22165);

subitem 1.6 of Item 1 of the resolution of Board of National Bank of the Republic of Belarus of June 29, 2016 No. 361 "About features of supervision of "Development Bank of the Republic of Belarus" open joint stock company and introduction of amendments and changes in some regulatory legal acts of National Bank of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 26.07.2016, 8/31115).

3. This resolution becomes effective since January 1, 2018.

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