RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of April 14, 2020 No. 16

About change of resolutions of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 42 and of August 31, 2016 No. 78

Based on the paragraph of the fifth 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", 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 repayment of securities", 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. Make changes to the following resolutions of the Ministry of Finance of the Republic of Belarus:

1.1. in the resolution of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 42 "About approval of the Instruction about 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":

to state preamble and Item 1 in the following edition:

"Based on the paragraph of the fifth 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", the paragraph of third 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 repayment of securities" and 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. Approve the Instruction about 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 it (is applied).";

add the resolution with Item 1-1 of the following content:

"1-1. The Central Securities Depository (further - the central depositary) has the right to render services in money transfer for payment of the income and repayment of issued securities of nonresident issuers, the rights to which are considered in depositary system of the Republic of Belarus, according to the contract for establishment of correspondence relations with nonresident depositary, in the Republic of Belarus:

to the depositaries performing accounting of the rights to issued securities of nonresident issuers according to the contract for establishment of correspondence relations - regarding issued securities of nonresident issuers, the rights to which are considered on the correspondent accounts of "depot" of LORO opened to these depositaries in the central depositary;

to owners of issued securities of nonresident issuers according to the depositary agreement - regarding issued securities of nonresident issuers, the rights to which are considered on the accounts of "depot" of these owners opened in the central depositary.

The depositaries performing accounting it is right on issued securities of nonresident issuers, have the right to render services in transfer to owners of issued securities of nonresident issuers, being their depositors, money for payment of the income and repayment of issued securities of nonresident issuers.";

The instruction about 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 this resolution to be reworded as follows (is attached);

1.2. in the resolution of the Ministry of Finance of the Republic of Belarus of August 31, 2016 No. 78 "About approval of the Instruction about some questions of issue and state registration of issued securities and recognition voided some resolutions of the Ministry of Finance of the Republic of Belarus and their structural elements":

state the name in the following edition:

"About some questions of issue and state registration of issued securities";

to exclude from preamble of the word "Questions of the Ministry of Finance of the Republic of Belarus";

state Item 1 in the following edition:

"1. Approve the Instruction about some questions of issue and state registration of issued securities it (is applied).";

in the Instruction about some questions of the issue and state registration of issued securities approved by this resolution:

to exclude from Item 1 of the word "Republic of Belarus";

in Item 2:

in part one:

the paragraph one to state in the following edition:

"2. In this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", the Law of the Republic of Belarus of December 9, 1992 No. 2020-XII "About economic societies", the Presidential decree of the Republic of Belarus of May 11, 2017 No. 154 "About financing of the commercial organizations under concession of the rights (requirements)" and also the following terms and their determinations are applied:";

to exclude from paragraphs of the fourth and fifth word "Republic of Belarus";

the second to state part in the following edition:

"The term "electronic document" is used in the value determined by the paragraph the sixteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".";

in Item 5:

in word part one "the legislation of the Republic of Belarus" to replace with the word "legislation";

to exclude from part two of the word "Republic of Belarus" and "to this Instruction";

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