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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 17, 2021 No. 273

About certification and recertification of physical persons as interim (anti-recessionary) managers in proceeedings about economic insolvency (bankruptcy)

Based on part eleven of article 62 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" the Council of Ministers of the Republic of Belarus DECIDES: No. 415-Z

1. Approve Regulations on procedure for certification and recertification of physical persons on compliance to vocational requirements it (is applied).

2. Determine that:

2.1. for receipt of the certificate of the interim (anti-recessionary) manager in proceeedings about economic insolvency (bankruptcy) (further - the managing director):

the category "A" needs experience of economic (entrepreneurial) activity three years and more;

the category "B" needs work experience in position of the deputy manager of the legal entity or the head of the legal entity three years and more, or work experience to the managing director two years and more, or availability of the procedure of sanitation which is carried out by the managing director;

the category "C" needs work experience to the managing director four years and more or availability of the procedure of sanitation which is carried out by the managing director following the results of which solvency of the debtor is recovered;

2.2. the bases for cancellation of the certificate of the managing director are:

expiration of the certificate of the managing director;

the statement of the certificate of the managing director managing about cancellation;

recognition of person to which the certificate of the managing director (further - the certified person), in accordance with the established procedure incapacitated is issued or is limited by capable;

identification during monitoring of violations by the managing director of requirements of the legislation on economic insolvency (bankruptcy) according to which earlier (when carrying out monitoring) recommendations of the official who was carrying out monitoring of their elimination, within one year from expiry date established for elimination of the violations specified in the first recommendation of the official who was carrying out monitoring were issued to the managing director;

numerous release of the managing director from fulfillment of duties based on determination of the court considering economic cases for improper execution of obligations (two times and more within year from coming into force of the first determination of the court considering economic cases about release of the managing director from fulfillment of duties);

failure to carry out, inadequate or untimely accomplishment of the written requirement (instruction) about elimination of violations which is taken out according to the legal act the authorized officer of Department on sanitation and bankruptcy of the Ministry of Economics (further - Department) or the official of territorial authority concerning sanitation and bankruptcy of the Ministry of Economics (further - territorial authority), or not informing Department or territorial authority at the scheduled time about accomplishment of such requirement (instruction);

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