of April 10, 2024 No. 114
About change of regulatory legal acts of National Bank
Based on the paragraph of the thirty ninth of Article 26, of paragraphs two, the seventh and tenth Article part six 34, of Article part one 39, of parts of first or third and sixth Article 111, of part one of article 119 of the Bank code of the Republic of Belarus, Item 1 of article 196 of the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement", No. 261 "About creation of the open joint stock company "Development Bank of the Republic of Belarus" Board of National Bank of the Republic of Belarus DECIDES: parts three of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2011
1. Make changes to the following resolutions of Board of National Bank of the Republic of Belarus:
1.1. in the resolution of Board of National Bank of the Republic of Belarus of October 31, 2006 No. 172 "About establishment of forms of the reporting and approval of the Instruction about procedure for creation and submission of the prudential reporting, submission of individual accounting (financial) statements":
1.1.1. in preamble:
words "the seventh Article 26, of the paragraph of the seventh of part four" shall be replaced with words "the ninth Articles 26, of paragraphs of the seventh and tenth of part six";
after words of "the code of the Republic of Belarus" to add with words ", Item 1 of article 196 of the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement";
and "Government of the Republic of Belarus" to add Item 12 after the words "Development Bank of the Republic of Belarus" respectively with words "(further – JSC Development Bank)" and "(further – the Government)";
1.1.2. in appendix 1 to this resolution:
words ""Development Bank of the Republic of Belarus" open joint stock company (further – JSC Development Bank)" shall be replaced with words "JSC Development Bank;
in the column 2 of line 1.9 of the Section I of the word "The Governments of the Republic of Belarus (Further — the Government)" to replace with the word of "Government";
to state lines 4 and 5 of the Section V in the following edition:
|
"4 |
Sufficiency of the normative capital (column 4 = (line 5 of column 4 of the Section IV "Calculation of the normative capital" / line of 1 column 4) x 100), percent |
2347 |
|
|
5 |
Sufficiency of fixed capital of the I level (column 4 = (line 1 of column 4 of the Section IV "Calculation of the normative capital" / line 2 columns 4) x 100), percent |
7464"; |
in the column 2 of line 5 of the Section VI "subject" to replace the word with the word of "subject";
in Item 2 of the Section VII:
the words "tendency to risk (risk appetite)" shall be replaced with words "risk appetite";
in the name of column 3 of the table of the word "tolerance), With (tendency to risk (risk appetite)" shall be replaced with words "risk tolerance), And (risk appetite)";
1.1.3. in the name of the column 5 of appendix 4 to this resolution of the word "column 04/column 03" shall be replaced with words "column 4 / column 3";
1.1.4. to exclude from the column 2 of line 4 of appendix 7 to this resolution of the word "Republic of Belarus";
1.1.5. in the column 2 of line 39 of appendix 9 to this resolution of figure "31, 32, 33, 34, 35" to replace with figures "34, 35, 36, 37, 38";
1.1.6. in the Instruction about procedure for creation and submission of the prudential reporting, submission of the individual accounting (financial) statements approved by this resolution:
1.1.6.1. in Item 1:
words ""Development Bank of the Republic of Belarus" open joint stock company shall be replaced with words "JSC Development Bank;
after words "the legislation of the Republic of Belarus" to add with words ", implementation of supervision in liquidation procedure of banks";
1.1.6.2. in Item 3:
in part one of the word "and analytical prudential reporting" shall be replaced with words ", the analytical prudential reporting and the reporting in liquidation procedure";
add Item with parts of the following content:
"The reporting in liquidation procedure includes the activity reporting of bank and its financial condition in liquidation procedure.
The prudential reporting is submitted in National Bank according to the procedure, terms and amount according to appendices 1 and 2.";
1.1.6.3. in item 4:
after paragraph one to add Item with the paragraph of the following content:
"the going bankrupt bank – bank, the non-bank credit and financial organization concerning which bankruptcy proceedings, and also bank, the non-bank credit and financial organization which are declared in the procedure established by the legislation by bankrupt are opened and on which liquidating production is opened;";
after the paragraph of the fourth to add Item with the paragraph of the following content:
"the liquidated bank – bank, the non-bank credit and financial organization on which the decision on liquidation, and also bank, the non-bank credit and financial organization on which the National Bank makes the decision on withdrawal of special permission (license) for implementation of banking activity, the banks which except for are going bankrupt is made;";
in paragraph five of the word "the term "the interconnected requirements and obligations"-in value, certain" shall be replaced with words "terms of "business line" and "the interconnected requirements and obligations" have the values determined respectively by part one of subitem 2.9 and";
1.1.6.4. part the fourth Item 41 after the word "Instruction" to add with words of "information and data according to appendices 3-6";
1.1.6.5. in Item 42 to replace the word of "ninth" with the word of "tenth";
1.1.6.6. in Item 6:
in subitem 6.1:
in part two:
third to state the paragraph in the following edition:
"the terms "credit risk", "market risk", "interest risk of trade portfolio", "equity risk", "currency risk", "commodity risk", "interest risk of bank portfolio", "liquidity risk" and "operational risk" have the values determined respectively by Item 1, paragraph one of Item 3, paragraph one of subitem 3.1 of Item 3, subitems 3.2-3.4 of Item 3, Item part one 4, paragraph one of Item 5 and paragraph one of Item 6 of appendix 2 to the Instruction on the organization of corporate management approved by the resolution of Board of National Bank of the Republic of Belarus of February 21, 2024 No. 62;";
after the paragraph of third to add part with the paragraph of the following content:
"the terms "risk appetite", "stress test (stress testing)", "risk tolerance" have the values determined respectively by paragraphs to the twelfth, nineteenth and twenty first part one of Item 2 of the Instruction on the organization of corporate management;";
third after the paragraph of the fifth to add part with the paragraph of the following content:
"the contingent obligations determined by part two of subitem 2.62 of Item 2 of the Instruction on standard rates of safe functioning regarding obligations under general agreements (framework agreements) on financing (crediting), on implementation of transactions of factoring, documentary operations join in lines 14-15.3 depending on subject of the general agreement (framework agreement) and do not join in lines 16-16.3;";
in paragraph four of part six of the word "tolerance and (or) tendency of bank to risk (risk appetite)" shall be replaced with words "risk tolerance and (or) risk appetite of bank";
in part seven:
in the paragraph the second "or "With" shall be replaced with words words "or "And";
in paragraph three of the word "tolerance and tendency of bank to risk (risk appetite)" and "or "With" to replace respectively with the words "risk tolerance and (or) risk appetite of bank" and "or "And";
in paragraphs four and the fifth the words "tolerance and tendency to risk (risk appetite)" shall be replaced with words "risk tolerance and (or) risk appetite of bank";
in paragraph five of part two of subitem 6.2 of the word "join in lines 2.26 and 2.261 of columns 4 and 8 of the Section "Requirements" and do not join in other lines of columns 4 and 8" shall be replaced with words "do not join in the column of 4 lines of the Sections "Highly Liquid Assets" and "Requirements", join in the column 8 of lines 2.26 and 2.261 of the Section "Requirements" and do not join in column 8 of other lines";
part the fourteenth subitem 6.5 after the word is "specified" to be added with the word "reduced";
in paragraph eleven of part three of subitem 6.7 of the word "Governments of the Republic of Belarus" to replace with the word of "Government";
1.1.6.7. in Item 8:
in paragraph three of part one of the word "about method of calculation of size of special interest risk of trade portfolio, method of calculation of size of general equity risk" shall be replaced with words "about the list systemically significant borrowers, about the total amount of the encumbered assets, about method of calculation of size of general interest risk of trade portfolio";
part two in paragraph five to replace the word of "assets" with the word of "requirements";
1.1.6.8. in paragraph seven of part three of Item 9 of the word of "liquidated" "are also "announced" to replace respectively with words of "liquidated" and "are acknowledged";
1.1.6.9. in Item 91:
in part one of the word "and to obligations" shall be replaced with words "and to requirements";
the second after the paragraph of the eleventh to add part with the paragraph of the following content:
"non-bank credit and financial organization of the Republic of Belarus;";
the fifth after figures "30" to add part with figures ", 35";
1.1.6.10. in paragraph one of part three of Item 121 of the word "according to appendix to the Instruction about the organization of risk management system" shall be replaced with words "according to the paragraph the fourteenth subitem 87.3 of Item 87 of the Instruction on standard rates of safe functioning";
1.1.6.11. in Item 123 part one:
the fourth to state the paragraph in the following edition:
"about the facts of discrepancy to requirements imposed to beneficial owners of bank and also to founders, shareholders, other owners owning at least 10 percent of shares of bank within five working days from the moment of detection of the facts of discrepancy;";
in paragraph ten "source" to replace the word with the word "reason";
word in paragraph eleven", established by this Instruction" shall be replaced with words "in cases, stipulated in Item the 17th this Instruction";
add part with paragraphs of the following content:
"about inclusion in the agenda of general meeting of shareholders of bank of the question provided by part three of Item 13 of the Instruction on the organization of corporate management;
about change of the size and (or) share of bank in authorized fund of other legal entities due to redistribution of internal sources during five workers from days from the moment of decision making about redistribution.";
1.1.6.12. to add part one of Item 124 with the offer of the following content: "The liquidated bank, the going bankrupt bank accumulate and systematize information on the indicators characterizing financial position of bank for March 31, on June 30, on September 30 accounting year on permanent basis.";
1.1.6.13. add the Instruction with Chapter 3-1 of the following content:
"CHAPTER 3-1. THE REPORTING IN THE LIQUIDATION PROCEDURE
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