RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 28, 2001 No. 175

About approval of the Instruction about state registration of banks and
non-bank credit and financial organizations and licensing of bank
activities

According to article 26 of the Bank code of the Republic of Belarus (2000, No. 106, 2/219) the Board of National Bank of the Republic of Belarus decides the national register of legal acts of the Republic of Belarus:

1. Approve the enclosed Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity.

2. Excluded

3. To legal department, department on work with values, department of banking supervision to prepare the project of changes in the Decree of the President of the Republic of Belarus of October 31, 2000 No. 21 "About measures for providing procedure when making transactions with precious metals and gemstones" (The national register of legal acts of the Republic of Belarus, 2000, No. 104, 1/1734) (subitem 1. 1) regarding cancellation of issue of special permissions (licenses) for realization of the commemorative coins of National Bank of the Republic of Belarus made of the precious metals which are means of payment of the Republic of Belarus.

4. Declare invalid:

The regulations on procedure for creation, licensing and termination of activities of banks in the territory of the Republic of Belarus approved by Board of National Bank of the Republic of Belarus on May 28, 1998 (the protocol No. 11.3);

the resolution of Board of National Bank of the Republic of Belarus of June 24, 1999 No. 9.19 "About approval of amendment 1 to Regulations on procedure for creation, licensing and the termination of activities of banks in the territory of the Republic of Belarus of June 15, 1998 No. 59" (The national register of legal acts of the Republic of Belarus, 1999, No. 60, 8/642);

the resolution of Board of National Bank of the Republic of Belarus of December 30, 1999 No. 29.6 "About approval of changes and amendments in the Regulations on procedure for creation, licensing and termination of activities of banks in the territory of the Republic of Belarus approved by Board of National Bank of the Republic of Belarus on May 28, 1998 (the protocol No. 11.3), with the changes and amendments approved by the resolution of Board of National Bank of the Republic of Belarus of June 24, 1999 No. 9.19 (The national register of legal acts of the Republic of Belarus, 1999, No. 60, 8/642)" (The national register of legal acts of the Republic of Belarus, 2000, No. 16, 8/2564);

the resolution of Board of National Bank of the Republic of Belarus of July 27, 2000 No. 17.11 "About modification and amendments in the Regulations on procedure for creation, licensing and termination of activities of banks in the territory of the Republic of Belarus approved by Board of National Bank of the Republic of Belarus on May 28, 1998 (the protocol No. 11.3)" (The national register of legal acts of the Republic of Belarus, 2000, No. 82, 8/3893);

the resolution of Board of National Bank of the Republic of Belarus of November 8, 2000 No. 30.1g "About modification of the Regulations on procedure for creation, licensing and the termination of activities of banks in the territory of the Republic of Belarus approved by Board of National Bank of the Republic of Belarus on May 28, 1998 (the protocol No. 11.3)" (The national register of legal acts of the Republic of Belarus, 2000, No. 116, 8/4457);

the resolution of Board of National Bank of the Republic of Belarus of March 29, 2001 No. 73 "About modification and amendments in the Regulations on procedure for creation, licensing and termination of activities of banks in the territory of the Republic of Belarus approved by Board of National Bank of the Republic of Belarus on May 28, 1998 (the protocol No. 11.3)" (The national register of legal acts of the Republic of Belarus, 2001, No. 43, 8/5534);

The regulations on guarantee fund of protection of contributions (deposits) of physical persons made in the non-bank financial organizations approved by Board of National Bank of the Republic of Belarus on September 26, 1996 (the protocol No. 19);

Amendment 1 to Regulations on guarantee fund of protection of deposits (deposits) of the physical persons brought in the non-bank financial organizations, to No. 11.4 approved by the resolution of Board of National Bank of the Republic of Belarus of April 24, 1997.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 28, 2001 No. 175

The instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity

Chapter 1. General provisions

1. The instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity (further - the Instruction) is developed according to article 26 of the Bank code of the Republic of Belarus and determines procedure for state registration of banks, creations of separate divisions of banks, opening of representative offices of foreign banks in the territory of the Republic of Belarus, creations of subsidiary banks - residents, opening of branches and representative offices of resident banks outside the Republic of Belarus, participation of bankov2-resident in authorized capitals of foreign banks, and also procedure for licensing of banking activity, reorganization and liquidation of banks.

2. The procedure established by this Instruction for banks is applied to the non-bank credit and financial organizations taking into account the features established this Instructions.

3. The documents submitted to National Bank of the Republic of Belarus (further - National Bank) according to this Instruction, shall meet the requirements established by the legislation of the Republic of Belarus, including to record keeping.

The documents containing more than one leaf shall be stitched, numbered, under seal and signed the authorized person. On the back of the last document sheet of the bank containing more than one leaf record about the number of the sheets numbered and stitched in the document which is certified by the authorized signature is made, or the chairman of general meeting of shareholders (the owner of property) of bank, or his head and it is sealed bank.

Copies of constituent documents and certificates on state registration of founders - the legal entities of bank represented by residents or concerning them and also the copy of the document confirming state registration of share issue in the authorized republican state body performing state regulation of the security market shall be certified in accordance with the established procedure.

The documents submitted by nonresidents or concerning them shall be provided in one of state languages of the Republic of Belarus or in original language with transfer into one of state languages of the Republic of Belarus (accuracy of translation of documents from one language on another, authenticity of the signature of the translator are notarially witnessed) and (or) are legalized according to the legislation of the country of their place of organization (permanent residence) no later than one year before date of submission of documents.

Submission of the documents which are earlier provided to National Bank according to this Instruction which effective period did not expire is not required, and also from the date of issue (legalization, notarial witnessing, assurance) of which more than one year for date of submission to National Bank of the corresponding statement, the petition provided by this Instruction did not expire. In this case in the statement, the petition date of submission of such documents to National Bank is specified.

The documents which are not conforming to the requirements established by this Item, and (or) provided not in complete set are not taken cognizance.

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