PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 24, 2018 No. 200

About debt restructuring and discharge

For the purpose of financial improvement and increase in efficiency of organization activity:

1. Determine that:

1.1. banks, JSC Development Bank Republic of Belarus (further - banks) have the right within debt restructuring according to credit agreements to acquire in property shares (share in authorized funds) of economic societies without receipt of permission of National Bank.

In case of share acquisition (share in authorized funds) of economic societies banks:

perform the rights and perform the duties established by the legislation concerning members of economic societies including participate in management of activities of economic society and in distribution of its profit;

can alienate (to pledge) the acquired shares (share in authorized funds) according to the procedure, established by legal acts;

1.2. banks have the right to exempt fully or partially the organizations borrowers from property obligation before themselves on debt repayment on credit dogovoram*.

At the same time outstanding amounts according to credit agreements are written off by banks at the expense of special reserves on covering of losses on the assets subject to credit risk.

Outstanding amount on which the special reserve is not created and also the outstanding amounts on unpaid interests, other obligations according to credit agreements reflected in balance sheet accounts on accounting of the added and overdue income, according to the procedure and the terms established by banks belong:

or on the non-operating expenses considered in case of the taxation for date of release from property obligation;

or on deferred expenses with the subsequent reference of these amounts on the non-operating expenses considered in case of the taxation;

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* For the purposes of this Decree the debt on credit agreements is understood as the amount of obligations according to the credit agreements signed with banks (on the credits, interest for using by them, to other obligations according to credit agreements).

1.3. the amounts of reduction of accounts payable in case of release of the organizations borrowers from property obligation according to subitem 1.2 of this Item are not included the organizations borrowers of the non-operating incomes considered in case of the taxation and are not considered in case of calculation in the budget of part of profit (income) *;

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* According to the Presidential decree of the Republic of Belarus of December 28, 2005 No. 637 "About procedure for calculation in the budget of part of profit of the state unitary enterprises, the national associations which are the commercial organizations and also the income from the shares (share in authorized funds) of economic societies which are in republican and municipal property and about formation of the state trust budget fund of national development".

1.4. in case of transactions, providing concession the creditor of the requirement for the credit agreement to other person, difference availability between the amount of monetary commitment of the debtor and the amount of the good consideration provided to the initial creditor by the new creditor is allowed.

Requirements of the legislation regulating financing under concession of monetary claim (factoring) do not extend to such transactions.

2. Make changes to presidential decrees of the Republic of Belarus according to appendix.

3. To Council of Ministers of the Republic of Belarus, National Bank in six-months time to take measures for implementation of this Decree.

4. Regional, Minsk city to Councils of deputies in two-month time to bring the decisions into accord with this Decree.

5. To impose control over the implementation of this Decree on the State Control Committee.

6. This Decree becomes effective after its official publication.

Appendix

to the Presidential decree of the Republic of Belarus of May 24, 2018 No. 200

The list of the changes made to presidential decrees of the Republic of Belarus

1. In the Presidential decree of the Republic of Belarus of February 16, 2004 No. 88 "About debt restructuring of economic societies on payments in republican and local budgets and on the credits issued by national banks":

to state the name of the Decree in the following edition:

"About debt restructuring on payments in republican and local budgets, according to credit agreements and forgiveness of debt";

state Item 1 in the following edition:

"1. Approve Regulations on debt restructuring on payments in republican and local budgets, according to credit agreements and forgiveness of debt it (is applied).";

Regulations on debt restructuring of economic societies on payments in republican and local budgets and on the credits issued by national banks, approved by this Decree to be reworded as follows it (is applied).

2. In subitem 24.2 of Item 24 of the Regulations on the external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of April 18, 2006 No. 252:

third to state the paragraph in the following edition:

"in the Presidential decree of the Republic of Belarus of February 16, 2004 No. 88 "About debt restructuring on payments in republican and local budgets, according to credit agreements and forgiveness of debt", by increase in authorized fund of the borrower, the user of the external loan which are economic societies, within the sources of own means which are available for them with share transfer (share in authorized fund) on the amount equal or the exceeding outstanding amount, of property of the Republic of Belarus.";

the fourth and fifth to exclude paragraphs.

3. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 10.05.2019 No. 169

4. No. 106 "About state programs and rendering the state financial support" to add Item 2 of the Presidential decree of the Republic of Belarus of March 23, 2016 with subitem 2.6 of the following content:

"2.6. on debt restructuring according to the Presidential decree of the Republic of Belarus of February 16, 2004 No. 88 "About debt restructuring on payments in republican and local budgets, according to credit agreements and forgiveness of debt".".

Approved by the Presidential decree of the Republic of Belarus of February 16, 2004 No. 88

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