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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 14, 2019 No. 767

About procedure for preparation of drafts of decisions on the order property, and also about its acquisition in property of the Republic of Belarus

(as amended on 03-03-2023)

According to Item 19 of the Presidential decree of the Republic of Belarus of September 19, 2022 "About the order property" the Council of Ministers of the Republic of Belarus DECIDES: No. 330

1. Establish procedure for preparation of drafts of decisions on the order the property which is in property of the Republic of Belarus and also about property acquisition in property of the Republic of Belarus according to appendix 1.

2. To the state committee on property to provide * coordination of works on representation by state bodies ** and the organizations to local executive committees of the documents necessary for decision making about the order with the property included in the list including on establishment of terms of their representation.

______________________________

* Based on information on methods of drawing into economic circulation provided by local executive committees of not used and inefficiently used property which is in property of the Republic of Belarus included in the list of not used and inefficiently used property which is in property of the Republic of Belarus (further – the list).

** For the purposes of this resolution terms and their determinations in the values determined by the Presidential decree of the Republic of Belarus of September 19, 2022 No. 330 are used.

3. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 2.

4. This resolution becomes effective since November 15, 2019.

Prime Minister of the Republic of Belarus

S. Rumas

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of November 14, 2019 No. 767

Procedure for preparation of drafts of decisions on the order the property which is in property of the Republic of Belarus and also about property acquisition in property of the Republic of Belarus

Types of transactions

State body (the state organization, the official), the legal entity making the decision

Decision type

The state body, the state organization, other legal entity preparing the draft decision

Documents necessary for preparation of drafts of decisions (originals or copies) 1

Companies

1. Alienation

President of the Republic of Belarus

order

state body, state organization

the consent of the host party (state body, the state organization, and in case of alienation in private property – the consent of the acquirer) signed by the head (other authorized person) – in case of alienation on non-paid or paid basis without tendering – auction or tender (further – the biddings)

the consent of local executive and administrative organ signed by the head or his deputy (except as specified alienations of the companies which are outside the territory of the Republic of Belarus)

the statement from the registration book about the rights, restrictions (encumbrances) of the rights to the company (except as specified alienations on paid or non-paid basis from property of the Republic of Belarus in property of administrative and territorial units of the companies, the property right to which is not registered in accordance with the established procedure) 2

the conclusion about independent assessment (by determination of market value) 3

the balance sheet for the end of reporting quarter

(month) and for the end of previous year – in case of alienation on a grant basis on total value of the line "Balance" of the balance sheet of the company

the inventory report of property and obligations of the organization – in case of alienation on a grant basis the companies, the property right to which is not registered in accordance with the established procedure, from property of the Republic of Belarus in property of administrative and territorial units,

information on reference (not reference) to the objects which are only in property of the state

the document confirming state registration of the legal entity, individual entrepreneur, or the identity document

2. Transfer in confidential upravleniye4

President of the Republic of Belarus

order

state body, state organization

the consent of local executive and administrative organ signed by the head or his deputy (except as specified transfers to trust management of the companies which are outside the territory of the Republic of Belarus)

the statement from the registration book about the rights, restrictions (encumbrances) of the rights on predpriyatiye2

the act of internal assessment (by determination of estimated value) the companies

the document confirming state registration of the legal entity, individual entrepreneur, or the identity document

the balance sheet for the end of reporting quarter (month), for the end of the previous year and year prior to previous

information on reference (not reference) to the objects which are only in property of the state

draft agreement of trust management

the conclusion about independent assessment (by determination of market value) – in case of transfer to trust management with repurchase right

3. Pledge

President of the Republic of Belarus

order

state body, state organization

the consent of local executive and administrative organ signed by the head or his deputy (except as specified pledge of the companies which are outside the territory of the Republic of Belarus)

the statement from the registration book about the rights, restrictions (encumbrances) of the rights on predpriyatiye2

the conclusion about independent assessment (by determination of market value)

information on reference (not reference) to the objects which are only in property of the state

the document confirming state registration of the legal entity

the draft of the credit agreement, other agreement in ensuring obligation fulfillment under which pledge (mortgage) is performed

the draft agreement about pledge (mortgage)

4. Transfer without transition of the property right

Council of Ministers of the Republic of Belarus

resolution

state body, state organization

the consent of the host party (state body, the state organization) signed by the head (other authorized person)

the consent of local executive and administrative organ signed by the head or his deputy (except as specified transfers of the companies which are outside the territory of the Republic of Belarus)

the document confirming state registration of the legal entity

the statement from the registration book about the rights, restrictions (encumbrances) of the rights to the company (except as specified transfers on a grant basis the companies, the property right to which is not registered in accordance with the established procedure) 2

the balance sheet for the end of reporting quarter (month) and for the end of previous year – by transfer on a grant basis without transition of the property right on total value of the line "Balance" of the balance sheet of the company

the conclusion about independent assessment (by determination of market value) – by transfer on paid basis without tendering

the act of internal assessment (by determination of estimated value) the companies with confirmation of correctness of determination of estimated value by committee of state-owned property regional, Minsk city executive committees – in case of introduction in the form of non-cash contribution to authorized capital of the state legal entity

information on reference (not reference) to the objects which are only in property of the state

the inventory report of property and obligations of the organization – by transfer on a grant basis the companies, the property right to which is not registered in accordance with the established procedure,

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