RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 29, 2023 No. 503

About change of the resolution of Board of National Bank of the Republic of Belarus of December 7, 2012 No. 640

Based on the paragraph of the twenty ninth of Article 26, of part five and the paragraph of the fourth of part six of Article 34, 39, Article parts three 77, of Article part one paragraph two 79, of the paragraph of the eleventh of part one of Article 80, Article parts five 87, Article parts four 90, Article parts one 91, Article parts one 93, of the paragraph of the eighth of part one and the paragraph of third of part two of Article 94, of the paragraph of the eighth of part one and part three of Article 95, Article parts two 96, Article parts two 101, Article parts one 107, Articles 108, of paragraphs two and third parts three of article 123 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: Article parts one

1. Bring in the resolution of Board of National Bank of the Republic of Belarus of December 7, 2012 No. 640 "About approval of the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of banking activity" the following changes:

state the name in the following edition:

"About procedure for state registration and liquidation of banks, non-bank credit and financial organizations and licensing of banking activity";

to state preamble and Item 1 in the following edition:

"Based on the paragraph of the twenty ninth of Article 26, of part five and the paragraph of the fourth of part six of Article 34, 39, Article parts ten 75, Article parts three 77, of Article part one paragraph two 79, of the paragraph of the eleventh of part one of Article 80, Article parts five 87, Article parts four 90, Article parts one 91, Article parts one 93, of the paragraph of the eighth of part one and the paragraph of third of part two of Article 94, of the paragraph of the eighth of part one and part three of Article 95, Article parts two 96, Article parts two 101, Article parts one 107, Articles 108, of paragraphs two and third parts three of article 123 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: Article parts one

1. Approve the Instruction about procedure for state registration and liquidation of banks, the non-bank credit and financial organizations and licensing of banking activity it (is applied).";

in the Instruction about state registration of banks and non-bank credit and financial organizations and licensing of the banking activity approved by this resolution:

state the name in the following edition:

"Instruction about procedure for state registration and liquidation of banks, non-bank credit and financial organizations and licensing of banking activity";

state Item 1 in the following edition:

"1. This Instruction establishes requirements imposed to founders, shareholders, beneficial and other owners of bank, non-bank credit and financial organization (further if other is not established, – banks), determines procedure for state registration of the created banks and feature of state registration of the changes and (or) additions made to the charter of bank including in connection with its reorganization, procedure for receipt of permissions of National Bank to share acquisition, opening of representative office of foreign bank in the territory of the Republic of Belarus, issues of special permission (license) for implementation of banking activity (further if other is not established, – the license), introduction in it of changes and (or) amendments, transformations of the non-bank credit and financial organization to bank and liquidations of banks.";

exclude Item 2;

to add Item 3 after part six with part of the following content:

"Submission of local legal acts of banks which were provided to National Bank according to the procedure established by this Instruction earlier is not required if the specified documents are effective in the edition urgent on the date of giving corresponding statements, petitions provided by this Instruction.";

in Item 6:

words of "registration of bank" and "the charter of bank," to replace respectively with words "registration and liquidations of bank" and "the charter, about transformation of bank to the non-bank credit and financial organization or the non-bank credit and financial organization in bank, reorganization,";

exclude the words "on implementation of banking activity";

add Item 7 with part of the following content:

"The terms "beneficial owner" and "other owner" are used in the values determined respectively by parts three and the fourth article 34 of the Bank code of the Republic of Belarus.";

to state the name of Chapter 2 in the following edition:

"CHAPTER 2. REQUIREMENTS IMPOSED TO FOUNDERS, SHAREHOLDERS, BENEFICIAL AND OTHER OWNERS OF BANK";

state Items 8 and 9 in the following edition:

"8. Founders, shareholders, beneficial and other owners of bank (except for the state bodies, legal entities and citizens acting on behalf of the Republic of Belarus or its administrative and territorial units, and also the governments or the Central (national) Banks acting on behalf of other states, international financial institutions *) who own or will own at least ten percent of shares of bank, shall conform to the requirements established by this Instruction.

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