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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 30, 2023 No. 642

About approval of the complex of actions providing realization of powers by state bodies in the sphere of settlement of insolvency

Based on subitem 1.4 of Item 1 of article 12 of the Law of the Republic of Belarus of December 13, 2022 "About insolvency settlement" the Council of Ministers of the Republic of Belarus DECIDES: No. 227-Z

1. Approve the complex of actions providing realization of powers by state bodies in the sphere of settlement of insolvency (further – complex of actions) it (is applied).

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of September 4, 2013 No. 785 "About approval of complex of actions for the prevention of economic insolvency (bankruptcy) and to holding procedures of economic insolvency (bankruptcy)";

subitem 1.40 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of June 30, 2014 No. 630 "About introduction of amendments to some resolutions of Council of Ministers of the Republic of Belarus and recognition voided separate resolutions and structural element of the resolution of Council of Ministers of the Republic of Belarus";

the resolution of Council of Ministers of the Republic of Belarus of January 22, 2016 No. 47 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of September 4, 2013 No. 785".

3. This resolution becomes effective since October 1, 2023.

Prime Minister of the Republic of Belarus

R. Golovchenko

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 30, 2023, No. 642

The complex of actions providing realization of powers by state bodies in the sphere of settlement of insolvency

Name of actions

Contractors

Completion date

Actions for the prevention of insolvency and bankruptcy

1. Representation:

1.1. in state body of results of assessment of risk degree of approach of bankruptcy, and in case of average, high or critical risk degree of approach of bankruptcy – also analysis results of economic (economic) activity and the project of the measures for the prevention of insolvency and bankruptcy providing achievement of the measure values of assessment of risk degree of approach of bankruptcy corresponding to criteria for low risk degree of approach of bankruptcy, for their realization, not exceeding three years

the state organizations (the organizations from shares of the state) specified in paragraph three of part one of Item 2 of article 12 of the Law of the Republic of Belarus "About insolvency settlement" (further – the state organizations (the organizations from shares of the state)

in the terms established by state body, but not later:
On April 25 – for previous year;
On September 25 – for the first half of the year of the current year

1.2. in local executive or administrative organs in the location of the organization of the petition for coordination of measures for the prevention of insolvency and bankruptcy with the lists of measures specified in Item 3 of article 13 of the Law of the Republic of Belarus "About insolvency settlement", for their realization, not exceeding three years

the organizations specified in article 3 of the Law of the Republic of Belarus "About insolvency settlement" and which are not state (from shares of the state), and also the city-forming and equated to them organizations which are not state (from shares of the state)

as required

2. Development of measures for the prevention of insolvency and bankruptcy concerning being in the territory of the organizations which are not state (from shares of the state), in case of need for the benefit of regions and (or) the state according to the decision

local executive and administrative organs

"

3. Coordination * the measures for the prevention of insolvency and bankruptcy provided according to subitem 1.2 of Item of 1 this complex of actions

"

within 25 days from the date of receipt of the petition

4. Taking measures to the prevention of insolvency and bankruptcy:

4.1. the state organizations (the organizations from shares of the state)

the state organizations (the organizations from shares of the state)

during the term determined by state body

state bodies

"

4.2. being in the territory of the organizations which are not state (from shares of the state) concerning which measures according to Item 2 presents of complex of actions are developed

local executive and administrative organs

during taking measures period

the organizations concerning which measures are taken

"

5. Monitoring of taking measures to the prevention of insolvency and bankruptcy, rendering assistance in their realization concerning the organizations specified in article 3 of the Law of the Republic of Belarus "About insolvency settlement" which are not state (from shares of the state), and also the city-forming and equated to them organizations which are not state (from shares of the state)

local executive and administrative organs

during taking measures period with the frequency determined by local executive and administrative organs

6. Decision making about inexpediency of further implementation of measures for the prevention of insolvency and bankruptcy:

not earlier than in 3 months after taking measures

6.1. the state organizations (the organizations from shares of the state)

state bodies

6.2. being in the territory of the organizations which are not state (from shares of the state) concerning which measures according to Item 3 presents of complex of actions are approved

local executive and administrative organs

Actions for providing and holding procedures of insolvency or bankruptcy

7. Sending an inquiry about coordination of filing of application of the debtor about insolvencies or statements of the debtor for bankruptcy in state body

the state organizations (the organizations from shares of the state), the affiliated unitary enterprises created by the state unitary enterprises

as required

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