of July 11, 2024 No. 51
About change of the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022 No. 11
Based on the paragraph of third of article 9-1 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", item 4 of Article 22, of Item 3 of Article 33, of Item 3 of Article 34, of Item 3 of article 35 of the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "About counteraction of monopolistic activities and development of the competition", subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:
1. Bring in the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022 No. 11 "About approval of regulations of ministerial procedures in the field of counteraction of monopolistic activities and development of the competition" the following changes:
1.1. in Item 1:
the ninth after the words "in ownership" to add the paragraph with words ", including based on the agreement of finance lease (leasing),";
word in paragraph ten "and "such business entities, the physical persons which are not belonging" to replace the same business entities, physical persons which are not belonging" respectively with words "the same business entity, the same physical person which is not belonging" and "such business entity, such physical person which is not belonging";
1.2. in Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.3.1 "Receipt of the document on the draft agreement compliance to requirements of the antitrust law" approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:
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Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
Need of legalization of the document (putting down of apostille) |
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the statement for issue of the document on draft agreement compliance to requirements of the antitrust law (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: during acceptance of the interested person; by means of mail service; courier (courier) |
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data on types of activity, types of goods (works, services): each of the business entities intending to sign the agreement; each of persons entering one group of persons with each of the business entities intending to sign the agreement when implementing of activities by them in the market of interchangeable (similar) goods, works, services |
in form according to appendix 2 | ||
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information about persons entering one group of persons with each of the business entities intending to sign the agreement |
in form according to appendix 3 | ||
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draft agreement |
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business entities – nonresidents of the Republic of Belarus in addition are represented: |
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the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: it is dated no later than one year about day of filing of application; it is accompanied by transfer on Belarusian or Russian, at the same time fidelity of transfer or authenticity of the signature of the translator it shall be attested notarially |
legalization is required"; | |
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the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
to be reworded as follows appendices 1-3 to these Regulations (are applied);
1.3. in Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 2.8.1 "Receipt of the document on consent to reorganization of business entities – legal entities in the form of merge or accession, creation of association, union, national association", approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:
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Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
|
the statement for issue of the document on consent to reorganization of business entities – legal entities in the form of merge or accession, creation of association, union, national association (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: during acceptance of the interested person; by means of mail service; courier (courier)"; |
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the documents confirming the decision of founders, participants, the owner of property about entry into the union, association, national association (further, unless otherwise specified, – consolidation), about reorganization (for the state unitary enterprises – the draft decision of authorized body (organization) |
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data on types of activity, types of goods (works, services): each of the reorganized commercial organizations, founders, participants of consolidation; each of persons entering one group of persons with each founder, the participant of consolidation with each reorganized commercial organization, when implementing of activities by them in the market of interchangeable (similar) goods |
in form according to appendix 2 | |
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copies of the balance sheet (except for the organizations which are not constituting accounting records according to the legislation): the reorganized business entities; founders, participants of the created associations of business entities (legal entities) – in case of filing of application about issue of the document on consent to consolidation creation |
it is represented on the last reporting date preceding date of filing of application | |
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information about persons entering one group of persons with each founder, the participant of consolidation with each reorganized commercial organization |
in form according to appendix 3 | |
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the draft of the charter of the created consolidation, the draft of the charter of the commercial organization created as a result of reorganization in the form of merge, the project of changes and (or) amendments in the charter of the reorganized commercial organization in the form of accession (in case of their availability) |
to be reworded as follows appendices 1-3 to these Regulations (are applied);
1.4. in Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.2 "Receipt of the document on consent to creation of the commercial organization" approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
Need of legalization of the document (putting down of apostille) |
|
the statement for issue of the document on consent to creation of the commercial organization (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: during acceptance of the interested person; by means of mail service; courier (courier) |
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copies of the documents confirming decision making about creation of the commercial organization |
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copies of the balance sheet (except for the organizations which are not constituting accounting records according to the legislation): and (or) property of which serve the commercial organization, the share (share in authorized fund) as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet with the profit and loss statement; founders of the created commercial organization (legal entities) |
it is represented on the last reporting date preceding date of filing of application | ||
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copies of the transfer act or the separation balance sheet (in case of their availability) |
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data on types of activity, types of goods (works, services): each of founders – legal entities of the created commercial organization; each of founders of the commercial organization, the share (share in authorized fund) and (or) property of which serve as contribution to authorized capital of the created commercial organization, shares (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet; each of persons entering one group of persons with each founder of the created commercial organization, the commercial organization, shares (share in authorized fund) and (or) property of which serve as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) and (or) property of which are acquired by the created commercial organization based on the transfer act or the separation balance sheet, when implementing of activities by them in the market of interchangeable (similar) goods |
in form according to appendix 2 | ||
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information about persons entering one group of persons with each of founders of the created commercial organization with the commercial organization, shares (share in authorized fund) and (or) property of which serves as contribution to authorized capital of the created commercial organization or the share (share in authorized fund) and (or) property of which is acquired by the created commercial organization based on the transfer act or the separation balance sheet |
in form according to appendix 3 | ||
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the draft of the charter of the created commercial organization |
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founders – nonresidents of the Republic of Belarus in addition are represented: |
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the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: it is dated no later than one year about day of filing of application; it is accompanied by transfer on Belarusian or Russian, at the same time fidelity of transfer or authenticity of the signature of the translator it shall be attested notarially |
legalization is required"; | |
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
to be reworded as follows appendices 1-3 to these Regulations (are applied);
1.5. in Regulations of the ministerial procedure performed concerning subjects of managing, according to subitem 2.8.3 "Receipt of the document on consent to creation of holding, inclusion of business entity – the legal entity in the list of members of holding", approved by this resolution:
in the paragraph the second subitem 1.3 of Item 1 of the word "to paragraphs to the third or fourth" shall be replaced with words "to the paragraph to the fourth";
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
Need of legalization of the document (putting down of apostille) |
|
the statement for issue of the document on consent to creation of holding, inclusion of business entity – the legal entity in the list of members of holding (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: during acceptance of the interested person; by means of mail service; courier (courier) |
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the copy of the decision on creation (inclusion in structure) of holding with the list of members of holding |
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data on types of activity, types of goods (works, services): each member of holding – in case of filing of application about approval of creation of holding; each member of the holding and the legal entity included in structure of holding – in case of filing of application about approval of inclusion of the legal entity in the list of members of holding; each of persons entering one group of persons with member(s) of holding (or member(s) of holding and the legal entity included in structure of holding), when implementing of activities by them in the market of interchangeable (similar) goods |
in form according to appendix 2 | ||
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information about persons entering one group of persons with each of members of holding (or with each of members of holding and the legal entity included in structure of holding) |
in form according to appendix 3 | ||
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participants – the nonresidents of the Republic of Belarus included in structure of holding in addition are represented: |
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the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: it is dated no later than one year about day of filing of application; it is accompanied by transfer on Belarusian or Russian, at the same time fidelity of transfer or authenticity of the signature of the translator it shall be attested notarially |
legalization is required"; | |
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
to be reworded as follows appendices 1-3 to these Regulations (are applied);
1.6. in Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.4 "Receipt of the document on consent to acquisition of voting shares (share in authorized funds) of business entity" approved by this resolution:
to state part one of Item 2 in the following edition:
"2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:
|
Name of the document and (or) data |
Requirements imposed to the document and (or) data |
Form and procedure for submission of the document and (or) data |
Need of legalization of the document (putting down of apostille) |
|
the statement for issue of the document on consent to acquisition of voting shares (share in authorized funds) of business entity (further, unless otherwise specified, – the statement) |
in form according to appendix 1 |
in writing: during acceptance of the interested person; by means of mail service; courier (courier) |
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the copy of the balance sheet with the profit and loss statement (except for the organizations which are not constituting accounting records according to the legislation): the business entity acquiring shares (share in authorized fund) (further – the acquirer); business entity, the share (share in authorized fund) of which are acquired |
it is represented on the last reporting date preceding date of filing of application | ||
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data on types of activity, types of goods (works, services): acquirer; business entity, the share (share in authorized fund) of which are acquired; each of persons entering one group of persons with the acquirer, business entity, shares (share in authorized fund) of which are acquired, when implementing of activities by them in the market of interchangeable (similar) goods |
in form according to appendix 2 | ||
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information about persons entering one group of persons separately with the acquirer and business entity of the share (share in authorized fund) of which is acquired |
in form according to appendix 3 | ||
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the draft document which draws up transaction on acquisition of voting shares (share in authorized fund) of business entity (except for transactions on acquisition of the voting shares made by results of the biddings on the stock exchange) |
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the draft agreement of the commission with the broker (for the transactions with voting shares performed on the stock exchange) |
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the acquirer – the nonresident of the Republic of Belarus in addition is represented: |
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the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization; |
the statement shall be: it is dated no later than one year about day of filing of application; it is accompanied by transfer on Belarusian or Russian, at the same time fidelity of transfer or authenticity of the signature of the translator it shall be attested notarially |
legalization is required"; | |
|
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations) |
to be reworded as follows appendices 1-3 to these Regulations (are applied);
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