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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of October 26, 2021 No. 310

About activities of operators of services of online borrowing

Based on paragraphs of the third and fourth of part one of Item 2, paragraphs of the third and sixth of part one of Item 7 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 subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72 "About some questions of price regulation (rates) in the Republic of Belarus", parts three and the sixth subitem 1. 7, parts four of subitem 1.11 and part one of subitem 1.12 of Item 1 of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148 "About digital banking technologies" and 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. Approve:

The instruction about requirements to rules of service of online borrowing and service of online borrowing (is attached);

The instruction about requirements to form and content of the document on the conclusion of the agreement by means of online borrowing service, and also to form, amount and content of the service of online borrowing of the personal record of the client created by the operator (is attached).

2. Determine that extreme amount of remuneration (payments), the operator of service of online borrowing levied for services, cannot exceed 10 percent from loan amount, provided according to the loan agreement of money signed by means of online borrowing service.

3. Bring in the Instruction about use of software and hardware and technologies, holding procedures of remote identification, remote updating (updating) approved by the resolution of Board of National Bank of the Republic of Belarus of September 19, 2019 No. 379, the following changes:

to add Item 1 paragraph two after the words "National Forex Center" with words ", operators of services of online borrowing";

appendix to this Instruction after line item

"Agreement signature about implementation of transactions with non-deliverable off-exchange financial instruments (activities in the Forex curb market)"

add with line item of the following content:

"The conclusion of loan agreements of money and the agreements signed in ensuring obligation fulfillment according to loan agreements of money by means of online borrowing services".

4. This resolution becomes effective since November 29, 2021.

First Deputy Chairman of the board

S. V. Kalechits

Approved by the Resolution of Board of National Bank of the Republic of Belarus of October 26, 2021 No. 310

The instruction about requirements to rules of service of online borrowing and service of online borrowing

Chapter 1. General provisions

1. This Instruction establishes requirements to rules of service of online borrowing (further - rules) based on which the operator of service of online borrowing (further - service) performs activities for creation of conditions for the conclusion and execution of loan agreements of money (further - the loan agreement) and the agreements signed in ensuring obligation fulfillment according to the loan agreement (further - the agreement in ensuring obligation fulfillment), and also to service.

2. For the purposes of this Instruction terms in the values determined by appendix 1 to the Presidential decree of the Republic of Belarus of May 25, 2021 No. 196 "About services of online borrowing and leasing activities" are used.

Chapter 2. Requirements to rules

3. Rules affirm governing body of the operator of service which competence according to constituent documents of the operator of service includes development, approval and change of rules.

Rules, and also the changes made to them are posted for acquaintance on the service website on the global computer Internet (further - the website) according to the Instruction about amount and procedure for disclosure of information by the operator of service of online borrowing approved by the resolution of Board of National Bank of the Republic of Belarus of October 11, 2021 No. 287.

4. Rules cannot establish the rights and obligations of the Parties according to loan agreements, agreements in ensuring obligation fulfillment and to be part of the specified agreements.

5. Rules shall contain:

5.1. the description of the website and the software by means of which the operator of service performs activities for creation of conditions for the conclusion and execution of loan agreements, agreements in ensuring obligation fulfillment are fixed the actions of clients specified in paragraph seven of part one of Item 7 of the Regulations on activities of the operator of service of online borrowing and agreements signed by means of this service and also procedure and conditions of use of the website and such software by clients;

5.2. the list of the services in creation of conditions for the conclusion and execution rendered by the operator of service by means of service of loan agreements, agreements in ensuring obligation fulfillment, procedure and conditions of the rendering these services, amount of remuneration (payments) levied by the operator of service, measure of responsibility for non-execution or improper execution of the services agreement of the operator of service (further - the services agreement);

5.3. specifying of type of service by means of which the operator of service creates conditions for attraction of loans (service of consumer online borrowing, service of business online borrowing), procedure and conditions of activities of service of the corresponding type. At the same time in case of simultaneous creation of conditions for attraction of loans by means of services of different type the operator of service provides separate placement (on separate pages of the website) to information on procedure and conditions of activities of service of each type, including rules for service of each type;

5.4. the requirements established by the operator of service:

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