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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of November 19, 2021 No. 347

About requirements to official and other persons of operators of services of online borrowing and the register of operators of services of online borrowing

Based on paragraphs of the fifth and sixth of part one of Item 2 and item 4 of the Regulations on activities of the operator of service of online borrowing and the agreements signed by means of this service approved by the Presidential decree of the Republic of Belarus of May 25, 2021 No. 196, of part one of article 39 of the Bank code of the Republic of Belarus Board of National Bank of the Republic of Belarus DECIDES:

1. Determine that:

1.1. requirements to goodwill imposed to the head of the operator of service of online borrowing are:

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;

absence within the last thirty six months before date of the statement for inclusion in the register of operators of services of online borrowing (further, unless otherwise specified, - the register) (modification of the register) the fact of management of the legal entity excluded from the register, the register of the leasing organizations, the register of the microfinancial organizations or the register Forex companies in connection with non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;

absence within the last thirty six months before date of the statement for inclusion in the register (modification of the register) of the fact of participation as the founder (participant), the owner of property, beneficial or other owner in the legal entity excluded from the register, the register of the leasing organizations, the register of the microfinancial organizations or the register Forex companies in connection with non-execution (untimely execution) of the instruction (instructions) and (or) requirements of National Bank;

absence within the last thirty six months before date of the statement for inclusion in the register (modification of the register) of the discharge fact from post of the head or the chief accountant of the operator of service of online borrowing, the leasing organization, the microfinancial organization, Forex company upon the demand of National Bank;

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.

Requirement to qualification imposed to the head of the operator of service of online borrowing is availability of the higher education as legal, economic or technical profile or other higher education on condition of passing of retraining at the level of the higher education as legal, economic or technical profile;

1.2. requirements to goodwill imposed to the deputy manager of the operator of service of online borrowing, 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), and to the responsible official in the sphere of POD/FT of the operator of service of online borrowing, are:

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;

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