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The document ceased to be valid since February 19, 2019 according to the Resolution of the Ministry of Finance of the Republic of Belarus and Board of National Bank of the Republic of Belarus of November 20, 2018 No. 69/538

RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS AND BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 18, 2006 No. 162/207

About approval of the Instruction about procedure for activities of authorized depositaries

Based on the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market", the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus", both article 26 of the Bank code of the Republic of Belarus the Ministry of Finance of the Republic of Belarus and Board of National Bank of the Republic of Belarus of POSTANOVLYAYUT:

1. Approve the enclosed Instruction about procedure for activities of authorized depositaries (further - the Instruction).

2. The depositaries having the status of authorized depositary at the time of entry into force of this resolution before assignment of the specified status by it the republican unitary enterprise "Republican Central Securities Depository" perform functions of authorized depositaries according to the Instruction approved by this resolution. The specified depositaries shall address to the republican unitary enterprise "Republican Central Securities Depository" for assignment of the status of authorized depositary by it according to the Instruction approved by this resolution within 20 working days after entry into force of this resolution.

3. If the depositary performing functions of authorized depositary at the time of entry into force of this resolution did not address to the republican unitary enterprise "Republican Central Securities Depository" in the terms specified in Item 2 of this resolution, it loses the status of authorized depositary and shall perform the actions provided by Chapter 4 of the Instruction approved by this resolution.

4. This resolution becomes effective from the date of entry into force of subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 1/7529).

Minister of Finance

Republic of Belarus

 

N.P.Korbut

Chairman of the board

National Bank

Republic of Belarus

 

 

P.P.Prokopovich

Approved by the Resolution of the Ministry of Finance of the Republic of Belarus and Board of National Bank of the Republic of Belarus of December 18, 2006 No. 162/207

The instruction about procedure for activities of authorized depositaries

Chapter 1. Basic provisions

1. The instruction about procedure for activities of authorized depositaries (further - the Instruction) is developed based on the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 1/7529), the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 105, 5/9328), and article 26 of the Bank code of the Republic of Belarus.

2. This Instruction determines procedure for obtaining and deprivation of the status of authorized depositary, the main requirements to authorized depositaries, their main functions, procedure of control of activities of authorized depositaries, governs the relations between the republican unitary enterprise "Republican Central Securities Depository" (daleetsentralny depositary), the Ministry of Finance of the Republic of Belarus (further - the Ministry of Finance), National Bank of the Republic of Belarus (further - National Bank) and authorized depositaries.

3. For the purposes of this Instruction the authorized depositary is understood as the depositary having the right to perform functions on accounting of the rights to the government securities emitted by the Ministry of Finance on behalf of Council of Ministers of the Republic of Belarus (daleegosudarstvenny securities) and securities of National Bank, and also other functions determined by this Instruction and other acts of the legislation of the Republic of Belarus.

4. The status of authorized depositary is given by the order of the head of the central depositary in coordination with the Ministry of Finance and National Bank.

Chapter 2. Procedure for receipt of the status of authorized depositary

5. The resident bank of the Republic of Belarus having special permission (license) for the implementation of banking activity providing the right to implementation of settlement and cash servicing of legal entities, including corresponding banks, special permission (license) for implementation of professional and exchange activity on securities (in the presence of the constituting works and services - depository activity) and established correspondence relations with the central depositary can be authorized depositary.

The National Bank is effective as authorized depositary without assignment to it the specified status.

In cases, stipulated by the legislation the Republic of Belarus, the depositary - the nonresident of the Republic of Belarus to whom requirements of this Instruction do not extend can be authorized depositary.

6. For receipt of the status of authorized depositary the bank shall submit the following documents to the central depositary:

statement for assignment of the status of authorized depositary;

copy of special permission (license) for implementation of banking activity;

last annual balance sheet. If the bank is effective less than a year, then the balance sheet on the last reporting date is submitted;

copy of regulations of depositary.

7. The submitted documents are considered by the central depositary within 20 working days from the date of their representation.

8. The central depositary has the right to refuse to bank assignment of the status of authorized depositary in the following cases:

8.1. discrepancies of the submitted documents to requirements of the legislation of the Republic of Belarus, including this Instruction;

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