of January 12, 2024 No. 27
About issue of permissions
Based on paragraph one of part one and the paragraph of third No. 93 "About additional measures for ensuring stable functioning of economy" the Council of Ministers of the Republic of Belarus DECIDES: parts six of subitem 2.13 of Item 2 of the Presidential decree of the Republic of Belarus of March 14, 2022
1. Approve Regulations on procedure and conditions of issue of permissions and procedure for return of fee it (is applied).
2. Provide to depositaries fixing of restrictions on the order with the shares belonging to persons from the foreign states making unfriendly actions concerning the Belarusian legal and (or) physical persons (further - foreign states).
3. Determine that in case of alienation by legal entities of the Republic of Belarus of real estate for state registration of the transaction and (or) origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to it information on is in addition provided whether owners of property of legal entities of the Republic of Belarus are persons from foreign states, or about availability (absence) as a part of members (shareholders) of the legal entity of the Republic of Belarus of persons from foreign states which possess shares in authorized fund (share), components in total of 25 and more percent of authorized fund of this legal entity, signed by the authorized officer of the legal entity of the Republic of Belarus performing alienation of real estate.
4. For the purposes of this resolution the terms "real estate" and "persons from the foreign states making unfriendly actions" are used in the values established by the Presidential decree of the Republic of Belarus of March 14, 2022 No. 93.
5. Grant the right to explain questions of application of this resolution to the State committee on property.
6. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus according to appendix.
7. This resolution becomes effective after its official publication.
First Deputy Prime Minister of the Republic of Belarus
N. Snopkov
Appendix
to the Resolution of Council of Ministers of the Republic of Belarus of January 12, 2024 No. 27
1. Item 5 of the resolution of Council of Ministers of the Republic of Belarus of June 16, 2022 No. 392 "About the order property".
2. The resolution of Council of Ministers of the Republic of Belarus of July 1, 2022 No. 436 "About the list of persons".
3. The resolution of Council of Ministers of the Republic of Belarus of September 15, 2022 No. 616 "About change of the resolution of Council of Ministers of the Republic of Belarus of July 1, 2022 No. 436".
4. The resolution of Council of Ministers of the Republic of Belarus of October 7, 2022 No. 682 "About change of the resolution of Council of Ministers of the Republic of Belarus of July 1, 2022 No. 436".
5. The resolution of Council of Ministers of the Republic of Belarus of November 16, 2022 No. 782 "About change of the resolution of Council of Ministers of the Republic of Belarus of July 1, 2022 No. 436".
6. The resolution of Council of Ministers of the Republic of Belarus of January 23, 2023 No. 54 "About change of resolutions of Council of Ministers of the Republic of Belarus".
7. Item 2 of the resolution of Council of Ministers of the Republic of Belarus of February 15, 2023 No. 131 "About the order property".
8. The resolution of Council of Ministers of the Republic of Belarus of May 31, 2023 No. 353-dsp "About reorganization of open joint stock company "Managing company of Belarusian Wall-paper holding.
9. The resolution of Council of Ministers of the Republic of Belarus of June 10, 2023 No. 382 "About change of resolutions of Council of Ministers of the Republic of Belarus".
10. The resolution of Council of Ministers of the Republic of Belarus of July 26, 2023 No. 485 "About alienation of shares (shares) in authorized funds and reorganization of legal entities".
11. The resolution of Council of Ministers of the Republic of Belarus of August 17, 2023 No. 541-dsp "About alienation of shares (shares) in authorized funds".
12. The resolution of Council of Ministers of the Republic of Belarus of October 3, 2023 No. 661-dsp "About alienation of share in authorized fund".
13. The resolution of Council of Ministers of the Republic of Belarus of October 12, 2023 No. 674 "About change of the resolution of Council of Ministers of the Republic of Belarus of July 1, 2022 No. 436".
Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 12, 2024 No. 27
1. Are determined by this Provision:
1.1. procedure and conditions of issue to owners of property, to members (shareholders) of legal entities of the Republic of Belarus who are persons from foreign states (further - respectively owners of property, participants), to legal entities of the Republic of Belarus, owners of property whose members are persons from foreign states (further - legal entities), permissions on:
alienation by the participants who are persons from foreign states, shares in authorized funds (shares);
alienation by the owners of property who are persons from foreign states, real estate;
alienation by legal entities in whose authorized funds the ownership ratio of persons from foreign states constitutes 25 and more percent, real estate;
reorganization of legal entities, and also exit from legal entities of the participant who is person from foreign state;
1.2. procedure for return of fee in case of non-execution (non-execution) of the transaction on alienation of real estate specified in paragraph four of subitem 1.1 of this Item.
2. The decision on issue of the permission specified in subitem 1.1 of Item of 1 this provision (further, unless otherwise specified, - permission), is drawn up in the form of the resolution of Council of Ministers of the Republic of Belarus which is effective one year from the date of its acceptance and does not exempt owners of property, participants, legal entities from execution of the requirements provided by other legislation.
Preparation of drafts of the resolutions provided in part one of this Item is performed by the State committee on property.
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