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RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of May 25, 2018 No. 38

About some questions of regulation of activities in the security market and in the sphere of investment funds

(as amended of the Resolution of the Ministry of Finance of the Republic of Belarus of 01.04.2021 No. 25)

Based on the paragraph of the sixth of part one of Article 8, of the paragraph of the sixth of part two of article 28 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", paragraphs of the fifteenth, seventeenth Item 1 of Article 1, of the paragraph of the ninth Item 1 of Article 5, of Item part one 4, of Item 6 of Article 44, of the paragraph of the fifth Item 2 of article 46 of the Law of the Republic of Belarus of July 17, 2017 No. 52-Z "About investment funds", Item 1 of the resolution of Council of Ministers of the Republic of Belarus of September 10, 2009 No. 1163 "About some questions of issue (issue), the address and the securities redemption", 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, the Ministry of Finance of the Republic of Belarus DECIDES:

1. Determine that:

1.1. can act as financial instruments in which taking into account requirements, the stipulated in Clause 36 Laws of the Republic of Belarus "About investment funds", are invested money of investment fund:

government bonds of the Republic of Belarus;

bonds of National Bank;

bonds of "Development Bank of the Republic of Belarus" open joint stock company;

bonds of local executive and administrative organs of the Republic of Belarus;

shares and bonds of resident issuers admitted to trading in trade system of the organizer of the securities trading in the territory of the Republic of Belarus (further – the organizer of trade), and also at the foreign exchange specified in paragraph five of Item 2 of the Instruction on conditions and procedure for the admission of securities of nonresident issuers to placement and the address in the territory of the Republic of Belarus and procedure for qualification of issued securities of nonresident issuers as securities in the territory of the Republic of Belarus approved by the resolution of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 42 (further – the foreign exchange);

shares of private companies – residents;

shares in authorized capitals of economic societies – residents;

investment shares of mutual investment funds;

equity certificates of the funds of bank management created in the Republic of Belarus;

deposit certificates of banks of the Republic of Belarus;

mortgages;

derivative securities and other financial instruments of the forward market, transactions with which are made in trade system of the organizer of trade and (or) the foreign exchange, except for non-deliverable off-exchange financial instruments;

the issued securities of nonresident issuers allowed to placement and the address in the territory of the Republic of Belarus;

securities of the nonresident issuers listed in paragraphs the second or fifth Item 2 of the Instruction on conditions and procedure for the admission of securities of nonresident issuers to placement and the address in the territory of the Republic of Belarus and procedure for qualification of issued securities of nonresident issuers as securities in the territory of the Republic of Belarus;

depositary receipts on the securities specified in paragraphs the second or seventh, the ninth, fourteenth and fifteenth this subitem;

foreign currency which official rate is established by National Bank;

the money placed in deposits (deposits);

1.2. professional participants of the security market have the right to perform the activities which are not relating to professional and exchange activity on securities in the cases established by part two of article 28 of the Law of the Republic of Belarus "About the security market" and also in case:

implementation by the trustee securities of activities of management company of investment fund after passing of the corresponding state accreditation;

implementation by depositary of activities of specialized depositary of the allocated assets, activities of specialized depositary of investment fund after passing of the corresponding state accreditations;

rendering by depositary services in the organization and holding general shareholder meetings, meetings of the supervisory boards (boards of directors) of economic societies with use of electronic or other communication, information networks (systems) or software and hardware and technologies taking into account the requirements established by the resolution of Council of Ministers of the Republic of Belarus of December 30, 2020 No. 773 "About implementation of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148";

provisions of the guarantee for the third parties providing obligation fulfillment in cash;

transactions on transfer of own property to use, including leasing of the real estate belonging to them on the property right;

rendering the information services connected with activities in the security market and also information and (or) consulting services in the field of property management of investment funds and investing activities;

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