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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of October 18, 2021 No. 296

About establishment of requirements to official and other persons of the leasing organization

Based on parts five and the sixth subitem 1. 6, paragraphs of the eighth and ninth of part one of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99 "About questions of regulation of leasing activities", parts one of article 39 of the Bank code of the Republic of Belarus DECIDES: Board of National Bank of the Republic of Belarus

1. Determine that:

1.1. qualification requirements are:

for the head of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission and also person, the acting as the head of the leasing organization more than four months, - availability of the higher education as legal (economic) profile or other higher education on condition of passing of retraining at the level of the higher education as legal (economic) profile or availability of other higher education in the presence of length of service at least five years the head or on the positions providing management of division in the organization performing financial transactions;

for the deputy manager of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission, the actionee of rules of internal control in the sphere of prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction (further - POD/FT), responsible officials in the sphere of POD/FT - availability of the higher education and length of service as legal (economic) profile in the organization performing financial transactions, state bodies (the state organizations) at least six months. In the absence of the higher education the responsible official in the sphere of POD/FT shall have length of service as legal (economic) profile at least one year in the specified state bodies (the state organizations);

1.2. requirements to goodwill are:

1.2.1. for the head of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission and also person, the acting as the head of the leasing organization more than four months:

lack of the outstanding or not removed criminal record for crime execution against property and procedure of economic activity;

lack of the resolution of criminal prosecution authority on initiation of legal proceedings concerning person or attraction it as the suspect or the person accused on criminal case;

lack of the fact of participation in implementation, financing or other complicity in implementation of terrorist, extremist activities, distribution of weapons of mass destruction or legalization of income gained in the criminal way;

absence within the last 12 months of the facts of discharge from position of the head or the chief accountant upon the demand of National Bank;

absence within the last 12 months of the facts of management of the legal entity excluded from the register of the leasing organizations, the register of the microfinancial organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;

absence within the last 12 months of the facts of participation as the founder (participant), the owner of property, beneficial, other owner of the legal entity excluded from the register of the leasing organizations, the register of the microfinancial organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank.

The deputy manager of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission, the actionee of rules of internal control in the sphere of POD/FT, responsible officials in the sphere of POD/FT shall conform to the requirements to goodwill established by paragraphs the second - the fourth parts one of this subitem;

1.2.2. for founders (participants), the owner of property, beneficial, other owners of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission:

lack of the outstanding or not removed criminal record;

lack of the resolution of criminal prosecution authority on initiation of legal proceedings concerning person or attraction it as the suspect or the person accused on criminal case;

lack of the fact of participation in implementation, financing or other complicity in implementation of terrorist, extremist activities, distribution of weapons of mass destruction or legalization of income gained in the criminal way;

absence within the last 12 months of the fact of exception of the legal entity who is the founder (participant), the owner of property, beneficial, other owner of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission from the register of the leasing organizations, the register of the microfinancial organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and requirements of National Bank;

absence within the last 12 months of the fact of management of the legal entity excluded from the register of the leasing organizations, the register of the microfinancial organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank by such legal entity for date of its exception of the corresponding register;

absence within the last 12 months of the facts of participation as the founder (participant), the owner of property, beneficial, other owner of the legal entity excluded from the register of the leasing organizations, the register of the microfinancial organizations, the register of operators of services of online borrowing or the register Forex companies for non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;

1.3. for the purposes of this resolution:

specialties of legal profile - specialties on which according to the Nation-wide qualifier of the Republic of Belarus to OKRB 011-2009 "Specialties and qualifications", the approved resolution of the Ministry of Education of the Republic of Belarus of June 2, 2009 No. 36, appropriates qualification in which name the word "lawyer" is used;

specialties of economic profile - specialties on which according to the Nation-wide qualifier of the Republic of Belarus "Specialties and qualifications" qualification in which name the words "economist", "financier", "specialist of banking", "tax specialist and to the taxation", "accountant", "specialist in crisis management" are used is appropriated to OKRB 011-2009;

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