RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of August 10, 2018 No. 62

About approval of the Instruction about procedure for provision in antimonopoly authority of notifications

Based on the paragraph of the fifty sixth of article 14 of the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "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, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for provision in antimonopoly authority of notifications it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of August 10, 2018 No. 62

The instruction about procedure for provision in antimonopoly authority of notifications

1. This Instruction determines procedure for provision based on Item 9 of Article 33 and Item 9 of article 34 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition" in the Ministry of anti-monopoly regulation and trade (further, unless otherwise specified, – antimonopoly authority) notifications on reorganization of business entities – legal entities, creation of the commercial organization and consolidation of business entities, inclusion of business entity – the legal entity in the list of members of holding, acquisition of voting shares (share in authorized fund) of business entities, is right concerning business entity or several business entities, property of the commercial organizations (further – the notification on economic concentration), the list of the submitted documents and (or) data, and also requirements to content and form of the represented data.

2. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition" are used.

3. The notification on economic concentration is provided in writing in forms according to appendix 1 and 2.

The notification on economic concentration in form according to appendix 1 is provided by reorganization of business entities – legal entities, creation of the commercial organization and consolidation of business entities, inclusion of business entity – the legal entity in the list of members of holding in the cases specified in part one of Item 1 of article 33 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition", performed by persons listed in Item 8 of article 33 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition".

The notification on economic concentration in form according to appendix 2 is provided in case of acquisition of voting shares (share in authorized fund), the rights, property in the cases specified in part one of Item 1 of article 34 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition", performed by persons listed in Item 8 of article 34 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition".

4. In the notification on economic concentration in data on book value of assets are specified:

the greatest book value of assets of one of the reorganized organizations in case of reorganization of business entities - legal entities;

total book value of assets of founders of the created associations of business entities, the created commercial organization and the commercial organization, shares (share in authorized fund) and (or) property of which serve as contribution to authorized capital of the created commercial organization or voting shares (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet in cases of creation of consolidation of business entities, the commercial organization;

the greatest book value of assets of business entity, voting shares (share in authorized fund) of which and (or) the rights which property are acquired or person acquiring such shares (share in authorized fund) and (or) the rights, property of business entity in cases of acquisition of voting shares (share in authorized fund) of business entity it is right concerning business entity or several business entities, property of the commercial organization.

5. In the notification on economic concentration in data on proceeds from sales of goods are specified:

the largest total revenue of one of the reorganized organizations in case of reorganization of business entities – legal entities;

the total total revenue of founders of the created associations of business entities, the commercial organizations, founders of the created commercial organization and the commercial organization, shares (share in authorized fund) and (or) property of which serve as contribution to authorized capital of the created commercial organization or voting shares (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, in cases of creation of consolidation of business entities, the commercial organization;

the largest total revenue of business entity, voting shares (share in authorized fund) of which and (or) the rights which property are acquired or person acquiring such shares (share in authorized fund) and (or) the rights, property of business entity in cases of acquisition of voting shares (share in authorized fund) of business entity is right concerning business entity or several business entities, property of the commercial organization.

Total revenue from sales of goods is determined less tax amount on value added.

6. In the notification on economic concentration of the data on the types of economic activity, description of goods (works, services) delivered on the market of the Republic of Belarus are filled concerning persons participating in economic concentration.

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