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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 22, 2018 No. 291

About forming of credit stories and provision of credit reports

(as amended on 31-01-2022)

Based on the paragraph of the fourth of Article 4, of Article 7, of Article part one 9, of Article 11, of parts two and the fourth article 13 of the Law of the Republic of Belarus of November 10, 2008 No. 441-Z "About credit stories", the Board of National Bank of the Republic of Belarus DECIDES: parts one of article 39 of the Bank code of the Republic of Belarus

1. Approve:

The instruction about procedure for submission of the data which are part of credit history in form 2501 "The data which are part of credit history" (is attached);

The instruction about forming of credit stories and provision of credit reports (is attached).

2. Determine that submission to National Bank of the Republic of Belarus of data in form 2501 "The data which are part of credit history" from August 23 to December 31, 2018 is performed according to the schedule determined by the vice chairman of the board of National Bank of the Republic of Belarus directing to activities of Management "Credit register" of National Bank of the Republic of Belarus.

3. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of May 27, 2009 No. 67 "About forming of credit stories and provision of credit reports" (The national register of legal acts of the Republic of Belarus, 2009, No. 158, 8/21089);

Item 8 of the resolution of Board of National Bank of the Republic of Belarus of May 25, 2010 No. 175 "About modification and amendments in some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 148, 8/22451);

the resolution of Board of National Bank of the Republic of Belarus of November 4, 2011 No. 499 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of May 27, 2009 No. 67" (The national register of legal acts of the Republic of Belarus, 2011, No. 135, 8/24437);

the resolution of Board of National Bank of the Republic of Belarus of August 29, 2013 No. 507 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of May 27, 2009 No. 67" (The national legal Internet portal of the Republic of Belarus, 18.09. 2013, 8/27883);

the resolution of Board of National Bank of the Republic of Belarus of July 6, 2015 No. 409 "About modification and amendments in the resolution of Board of National Bank of the Republic of Belarus of May 27, 2009 No. 67 and recognition No. 142 which voided resolutions of Board of National Bank of the Republic of Belarus of March 13, 2014" (The national legal Internet portal of the Republic of Belarus, 12.08. 2015, 8/30145);

Item 3 of the resolution of Board of National Bank of the Republic of Belarus of May 6, 2016 No. 241 "About some measures for implementation of the Presidential decree of the Republic of Belarus of December 1, 2015 No. 478" (The national legal Internet portal of the Republic of Belarus, 15.07. 2016, 8/31090).

4. This resolution becomes effective since August 23, 2018.

Chairman of the board

P.V.Kallaur

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 22, 2018 No. 291

The instruction about procedure for submission of the data which are part of credit history in form 2501 "The data which are part of credit history"

Chapter 1. General provisions

1. This Instruction determines procedure for representation by sources of forming of credit stories in the Credit register of the form containing the data which are part of credit history.

2. For the purposes of this Instruction terms are used in the values determined by the Law of the Republic of Belarus "About credit stories" and also the Instruction about forming of credit stories and provision of credit reports approved by the resolution of Board of National Bank of the Republic of Belarus which approved this Instruction.

3. Sources of forming of credit stories represent to the Credit register of the data in form 2501 "The data which are part of credit history" (further - form 2501) according to appendix 1 on all credit deals, except for the credit deals concluded between banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company (further - bank), and also credit deals on which party are state bodies, except for the credit deals concluded by National Bank with subjects of credit stories.

4. By provision of form internal control of reliability, completeness and timeliness of representation of form 2501 shall be exercised by 2501 sources of forming of credit history.

The order of interaction of divisions of source of forming of credit history concerning creation and representation of form 2501, of implementation of internal control of reliability, completeness and timeliness of submission of the data which are part of credit history is determined in local legal acts of source of forming of credit history.

5. Data in form 2501 are represented to the Credit register by sources of forming of credit stories in the form of the electronic XML document according to the formats determined based on this Instruction by the organization providing development, maintenance, operation and functioning of the Credit register. Submission of data in form by 2501 branches, structural divisions of sources of forming of credit history is not allowed.

6. Data in form 2501 are transferred on lines of telecommunication (telecommunication channels) with use of such means of cryptoprotection as enciphering and the digital signature.

Chapter 2. Procedure for creation of form 2501

7. The form 2501 consists of eight forms:

form 25011 "The information about the subject of credit history - physical person" (further - form 25011);

form 25012 "The information about the subject of credit history - physical person (the conclusion of the subsequent credit deal)" (further - form 25012);

form 25013 "The information about the subject of credit history - physical person (change of information about the subject of credit history)" (further - form 25013);

form 25014 "The information about the subject of credit history - physical person (change of the data entering record of credit history)" (further - form 25014);

form 25015 "The information about the subject of credit history - the legal entity, the foreign organization, not being the legal entity on foreign law" (further - form 25015);

form 25016 "The information about the subject of credit history - the legal entity, the foreign organization, not being the legal entity on foreign law (the conclusion of the subsequent credit deal)" (further - form 25016);

form 25017 "The information about the subject of credit history - the legal entity, the foreign organization, not being the legal entity on foreign law (change of information about the subject of credit history)" (further - form 25017);

form 25018 "The information about the subject of credit history - the legal entity, the foreign organization, not being the legal entity on foreign law (change of the data entering record of credit history)" (further - form 25018).

8. Forms 25011 and 25015 are constituted in case of the conclusion of credit deal and absence at source of forming of credit history of data on availability of credit history at the subject of credit history.

9. Forms 25012 and 25016 are constituted in case of the conclusion of credit deal and availability at source of forming of credit history of data on availability of credit history at the subject of credit history.

10. Forms 25013 and 25017 are constituted in case of change of the information about the subject of credit history provided earlier by source of forming of credit history to the Credit register.

11. Forms 25014 and 25018 are constituted in cases of change of conditions of credit deal, making of actions for obligation fulfillment for credit deal, changes of data on classification of asset and (or) the obligation of the bank subject to credit risk which is not reflected in balance sheet accounts, including the obligation of bank to provide money on returnable basis, the obligation of bank to make payments according to warranty obligations and other obligations (further - contingent obligation).

11-1. The data which are part of credit history on the credit deals concluded about one day from which sources of forming of credit stories acquired the right to perform microfinancial or leasing activities according to legal acts and acting this day are subject to representation in the Credit register since day from which these sources of forming of credit stories have the right to perform microfinancial or leasing activities.

12. If other is not provided by this Instruction, all details of form 2501 are filled based on data:

about physical person - from the identity document;

about the legal entity - from the documents testimonial of implementation of state registration of the legal entity of the Republic of Belarus, or the document confirming the status of the foreign legal entity and the foreign organization not being the legal entity on foreign law.

13. All details of form 2501 are filled in Russian and if in the documents specified in this Instruction there is no Russian-language writing of detail, it is filled with letters of the Latin alphabet.

14. The details "Country", "Area", "Area", "Settlement" for citizens of the Republic of Belarus, the foreign citizens or stateless persons having the residence permit in the Republic of Belarus are filled based on data on registration at the place of residence, and in case of absence that - data on registration on residence. The details "Country" and "Settlement" for the foreign citizen or the stateless person which do not have the residence permit in the Republic of Belarus are filled based on the information provided by them to source of forming of credit history.

The detail "Area" is not filled for the cities which are divided into areas.

The detail "Settlement" can not be filled if the information about him is absent in the documents specified in Item 12 of this Instruction.

15. The detail "Registration Number in the Single State Register of Legal Entities and Individual Entrepreneurs" is filled for legal entities and individual entrepreneurs of the Republic of Belarus.

16. The detail "Accounting Number of the Payer" is filled based on the data containing in the notice on assignment of accounting number of the payer, the duplicate of the notice on assignment of accounting number of the payer.

17. The detail "Floor" is filled with capital letters of the Latin alphabet: "M" - men's, "F" - women's.

18. The detail "Identification Number" is filled for citizens of the Republic of Belarus, foreign citizens or stateless persons having the residence permit in the Republic of Belarus.

19. Dates are written in the dd.mm.gggg format where dd - number, to mm - month, gggg - year.

If in the identity document, the number and (or) month of the birth of physical person are not determined, in the detail "Number, Month, Year of Birth" instead of the absent data the designation "01" is specified.

20. The details "Nationality", "Country", "Area", "Area", "Settlement" are filled according to nation-wide qualifiers of the Republic of Belarus OKRB 017-99 "The countries of the world" approved by the resolution of the State committee on standardization, metrology and certification of the Republic of Belarus of June 16, 1999 No. 8, OKRB 003-2017 "System of designations of subjects to administrative-territorial division and settlements" approved by the resolution of the State committee on standardization of the Republic of Belarus of March 6, 2017 No. 17. For stateless persons, persons, information on whose nationality is absent, the detail "Nationality" is filled with the designation "999-the stateless person".

21. The detail "Reorganization Form" is filled with one of the following designations: "merge", "separation", "allocation", "transformation", "accession".

22. The detail "Core activity" is filled based on the data obtained by source of forming of credit history from bodies of the state statistics or based on the information provided by the subject of credit history to source of forming of credit history.

As data on core activity one of alphabetic references of sections according to appendix 2, is provided to one of the given summary groups of the first level of classification (sections) of the nation-wide qualifier of the Republic of Belarus of OKRB 005-2011 "Types of economic activity" approved by the resolution of the State committee on standardization of the Republic of Belarus of December 5, 2011 No. 85 characterizing accessory of core activity. The detail "Core activity" is filled with capital letters of the Latin alphabet.

23. The detail "Type of Credit Deal" is filled with one of the following designations: "credit agreement", "the agreement containing conditions of overdraft crediting", "the agreement of leasing", "the agreement of factoring", "the agreement of factoring transaction", "loan agreement", "the agreement of pledge", "the agreement of guarantee", "guarantee agreement".

24. The detail "Type of loan" is filled with one of the following designations: "credit", "non-revolving line of credit", "renewable credit line".

25. The detail "Name of Currency" is filled according to digital currency code of the nation-wide qualifier of the Republic of Belarus of OKRB 016-99 "Currencies" approved by the resolution of the State committee on standardization, metrology and certification of the Republic of Belarus of June 16, 1999 No. 8.

If the obligation on credit deal is expressed and (or) is performed in various currencies, the details "Amount" and "Name of Currency" are filled for each currency type within one record of credit history. If the obligation on credit deal is expressed in various currencies, but restriction of the cumulative amount of the obligation (is set when opening credit line - the extreme size of one-time debt, in case of the conclusion of the agreement of financing under concession of monetary claim (factoring) (further - the agreement of factoring) or the agreement providing concession of monetary claim when making factoring transaction (further - the agreement of factoring transaction), on number of monetary commitments - the extreme size of one-timely provided money or the yielded monetary claims) in equivalent of one currency, the details "Credit Amount", "Overdraft limit", "Loan amount", "Amount of the Obligation Which Execution Is Provided with the Guarantor", "Amount of the Obligation Which Execution Is Provided with the Guarantee", "Amount of the Provided Money", "Amount of the Monetary Claim Yielded to Factor", "The amount of the monetary claim yielded to bank" are filled with the established equivalent.

When opening according to the credit agreement of credit line the detail "Credit amount" is filled with the extreme size of one-time debt of the borrower.

In case of the conclusion of the agreement of factoring on number of monetary commitments the details "The Amount of the Provided Money", "Amount of the Monetary Claim Yielded to Factor" are filled with the extreme size of one-timely provided money, the extreme size of one-timely yielded requirements.

In case of the conclusion of the agreement of factoring transaction on number of monetary commitments the detail "The Amount of the Monetary Claim Yielded to Bank" is filled with the extreme size of one-timely yielded requirements.

26. The detail "Method of Ensuring Obligation Fulfillment under the Agreement" is filled with one of the following designations: "mortgage", "pledge of the vehicle", "pledge of things in pawnshop", "pledge of other personal estate", "security deposit of money", "guarantee", "guarantee", "transfer on the loan provider of title on property, including on property rights", "different way" and "without providing".

If obligation fulfillment according to the credit agreement, the agreement containing conditions of overdraft crediting, to the agreement of finance lease (leasing) (further - the agreement of leasing), is provided to the agreement of factoring, the agreement of factoring transaction or the loan agreement with pledge of the rights, the detail "Method of Ensuring Obligation Fulfillment under the Agreement" is filled with the designation "different way".

When forming forms 25014 and 25018 for modification of providing under the agreement the detail "Method of Ensuring Obligation Fulfillment under the Agreement" is filled on all providing methods operating at the time of changes.

27. The detail "Pledge Type" is filled with one of the following designations: "pledge in case of which the subject of pledge remains at the pledger", "mortgage", "pledge of goods in turnover", "pledge", "pledge of things in pawnshop" "pledge is right", "pledge of securities", "the combined pledge".

28. If the agreement of guarantee or the guarantee agreement do not determine the specific sum of the obligation which execution is provided, in the details "The Amount of the Obligation Which Execution Is Provided with the Guarantor", "Amount of the Obligation Which Execution Is Provided with the Guarantee" the amount of primary obligation in which ensuring the agreement of guarantee or the guarantee agreement is signed is specified.

29. If the agreement of guarantee or the guarantee agreement do not establish the specific term for which the guarantee is provided (is guaranteed), in the details "The Term for Which the Guarantee Is Provided", "Term for Which It Is Guaranteed" completion date of primary obligation in which providing the agreement of guarantee or the guarantee agreement is signed is specified.

30. The detail "Vicarious liability" is filled with one of the following designations: "solidary", "subsidiary".

31. In forms 25014 and 25018 the details "The Amount of Requirements of Source of Forming of Credit History Imposed to the Guarantor", "Amount of Requirements of Source of Forming of Credit History Imposed to the Guarantor", "Amount of Requirements of the Pawnbroker Imposed to the Pledger" are filled in case of presentation with source of forming of credit history of requirements to the guarantor (the guarantor, the pledger) according to the legislation. At the same time the specified details are filled based on the amount of requirements to the guarantor (the guarantor, the pledger) imposed by source of forming of credit history with the accruing result from guarantee agreement effective date (guarantee, pledge). The forming of credit history which are repeatedly imposed by source requirements to the guarantor (the guarantor, the pledger) which are earlier included in the amount of requirements imposed by source of forming of credit history in form 2501 are not reflected.

The details "The Amount Paid by the Guarantor", "Amount Paid by the Guarantor", "Amount of the Satisfaction Which Is Had by the Pawnbroker from the Cost of Pledged Property" are filled based on the amount paid by the guarantor (guarantor), the amounts of the forming of credit history which is had by source of satisfaction from the cost of pledged property with the accruing result from guarantee agreement effective date (guarantee, pledge). The amounts paid by the guarantor (guarantor) independently (without presentation of requirements of source of forming of credit history to it), are also subject to reflection in form 2501.

32. When forming forms 25014 and 25018 for modification of data on the provided agreement obligation of the guarantee and (or) to the agreement of guarantee the details "Data on the Provided Obligation" are filled according to all provided obligations at the time of changes of the provided obligations.

33. The details "Availability in the Agreement of Condition on Execution by the Leasing Recipient of Monetary Commitments in Belarusian Rubles in the Amount Equivalent to Certain Amount in Foreign Currency", "Availability in the Agreement of Condition on the Redemption of Subject of Leasing", "Availability of the Right of the Return Requirement (Regress) to the Creditor", "Data on Write-off of Outstanding Amount at the expense of Special Reserve on Covering of Possible Losses on the Assets and Transactions Which Are Not Reflected in Balance" are filled with one of the following designations: "Yes", "No". The details "Price of the Agreement of Leasing", "Redemption Value of Subject of Leasing (if the Agreement Provides Condition about the Redemption of Subject of Leasing)", "Leasing Subject Cost", "Remaining Balance of Debt on Payment of Leasing Payments and Redemption Value of Subject of Leasing Which Payment Due Date Did Not Come", "Amount of Overdue Leasing Payments and the Redemption Value Which Is Not Paid at the Scheduled Time" are filled taking into account tax amount on value added.

34. The detail "Data on the Notification of the Debtor on Transition of the Rights of the Creditor to Factor" is filled with one of the following designations: "Open factoring", "The hidden factoring".

35. The detail "Agreement party" is filled with one of the following designations: "Creditor", "Debtor".

36. In case of the conclusion of the agreement of factoring or the agreement of factoring transaction on number of monetary commitments the details "The Term of Return of the Provided Money", "Completion Date the Debtor of the Monetary Claim Yielded to Factor" and "Completion Date the Debtor of the Monetary Claim Yielded to Bank" are filled based on terms during which return of all provided money shall be performed, all yielded monetary commitments within the relevant agreements are fulfilled.

37. The detail "Group (Groups) of Risk" is filled with numerical value of risk group by which the bank classified the corresponding asset and (or) contingent obligation or their part according to requirements of the legislation on forming and use of special reserves of covering of possible losses for the assets and transactions which are not reflected in balance or one of the following designations: "not classified asset or contingent obligation", "contingent obligation did not arise". These data are filled in on date of classification and are subject to change in case of change of risk group by which the asset and (or) contingent obligation was classified.

If the asset within one agreement is classified by various risk groups, in the detail "Risk Group by Which the Asset Is Classified" the risk group with the most advanced stage of risk is specified.

Data on classification of asset and (or) contingent obligation under agreements of factoring or agreements of factoring transaction are reflected in credit history of that subject of credit history depending on which capability to fulfill the obligations to bank the credit risk (the creditor or the debtor), and in case of assessment of credit risk was estimated when implementing financing under concession of monetary claim (factoring) performed with the participation of several factors, providing receipt of guarantee or other obligation the factor which is on the side of the exporter from the factor which is on the side of the importer to make payment in case of non-execution by the debtor of obligations, depending on capability of the factor which is on the side of the importer, to fulfill the obligations to bank – in credit history of the debtor.

37-1. The details "Basis for Classification of Asset", "Basis for Classification of Contingent Obligation" are filled with the following designations: "Availability of the signs of financial instability determined by National Bank", "Availability of the signs of financial instability provided by local legal acts of bank", "Availability of the negative information determined by National Bank", "Availability of the negative information provided by local legal acts of bank", "Insufficiency of currency receipts", "Overdue debt availability on asset up to 7 days", "Overdue debt availability on asset from 8 to 30 days", "Overdue debt availability on asset from 31 to 90 days", "Overdue debt availability on asset from 91 to 180 days", "Overdue debt availability on asset over 180 days", "The decision of authorized body of bank on reference of debt to group with higher risk level", Mikrocredit, "High-quality providing", "Insufficiency of providing", "Lack of providing", "The restructured debt" "The reclassified restructured debt", "Availability of overdue debt of the legal entity, including individual entrepreneur, over 7 days on other assets subject to credit risk", "Availability of overdue debt of physical person over 30 days on other assets subject to credit risk", "The debt recovered into balance sheet accounts", "The decision of National Bank", "The decision according to legal acts", "Other bases for classification in the VI risk group".

The details "Basis for Classification of Asset", "Basis for Classification of Contingent Obligation" are filled with all designations exerting impact on forming of risk group on the corresponding date of classification in case of their availability.

38. The amounts of overdue payments on return (repayment) of the credit (loan), percent and payment for use of the credit (loan), according to the monetary commitments and remuneration which are subject to payment to factor in case of the hidden factoring on payment of monetary claims about compensation under contracts of factoring with the right of the return requirement (regress), on the yielded factor (bank) or under the agreement of factoring transaction, the amount of overdue leasing payments and the redemption value which is not paid at the scheduled time are specified to monetary claim in case of open factoring taking into account the debt which is registered on balance and off-balance sheet accounts. The write-off fact source of forming of credit history into off-balance accounts of debt (including the payment due date of which did not come) the subject of credit history is not the basis for creation of form on change of the size of debt of the subject of credit history.

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