RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 28, 2023 No. 239

About approval of the Regulations on payment procedure of remunerations to the anti-recessionary managing director in the case of bankruptcy of bank, non-bank credit and financial organization

Based on Item 3 of article 54 of the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement", the Board of National Bank of the Republic of Belarus DECIDES: parts one of article 39 of the Bank code of the Republic of Belarus

1. Approve Regulations on payment procedure of remunerations to the anti-recessionary managing director in the case of bankruptcy of bank, the non-bank credit and financial organization it (is applied).

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

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 28, 2023 No. 239

Regulations on payment procedure of remunerations to the anti-recessionary managing director in the case of bankruptcy of bank, non-bank-credit and financial organization

1. This Provision determines the bases, conditions, the size, procedure and payment due dates of remunerations to the anti-recessionary managing director (further - the managing director) in the case of bankruptcy of bank, non-bank credit and financial organization (further - bank).

2. The terms "bankruptcy", "debtor", "creditors" are used in the values determined respectively by Items 1, of the 8 and 19 article 1 of the Law of the Republic of Belarus "About insolvency settlement".

3. Are paid to the managing director in the case of bankruptcy of bank:

main remuneration;

remuneration following the results of case on bankruptcy of bank.

4. The main remuneration consists from:

the remuneration paid to the managing director monthly in the amount of 200 basic sizes * (further - basic remuneration);

the remuneration paid to the managing director quarterly in the amount of 1 percent from the amount of all requirements included in the register of requirements of creditors and satisfied in the expired quarter (further - quarterly remuneration).

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* For the purposes of this Item calculation of the amount of remuneration is made proceeding from the basic size operating the last day of month for which payment of basic remuneration to the managing director is made.

5. Payment of basic remuneration is performed from the date of removal of determination by court about appointment of the bank managing in the case of bankruptcy. Payment of basic remuneration is made from money of the debtor by transfer from the current (settlement) bank account of the debtor for the current (settlement) bank account of the managing director in the month following after month in which the managing director fulfilled the duties.

In case of accomplishment by the managing director of the obligations incomplete month basic remuneration is paid in proportion to the number of calendar days of the corresponding month during which the specified obligations were performed. Basic remuneration is paid regardless of results of activities of the managing director in liquidating production and not considered in case of determination of total amount of remunerations to the managing director following the results of case on bankruptcy of bank according to part two of Item 7 of this provision.

6. Quarterly remuneration is paid to the managing director following the results of every quarter.

Payment of quarterly remuneration is performed from the date of removal of determination by court about appointment of the bank managing in the case of bankruptcy. Payment of quarterly remuneration is made from money of the debtor by transfer from the current (settlement) bank account of the debtor for the current (settlement) bank account of the managing director in the quarter following quarter in which the managing director fulfilled the duties.

In case of accomplishment by the managing director of the obligations incomplete quarter the amount of quarterly remuneration is calculated in proportion to the amount of the requirements included in the register of requirements of creditors met in the specified period met by it in the specified period of requirements of the creditors included in the register of requirements of creditors, to total amount.

In case of fulfillment of duties in proceeedings about bankruptcy of bank by several managing directors within one quarter quarterly remuneration is paid to each of managing directors is pro rata to the amounts of the requirements of the creditors included in the register of requirements of creditors met by them in the specified period. At the same time the total amount of payments of quarterly remuneration to several managing directors cannot exceed 1 percent from the amount of all requirements met in the expired quarter, the requirements of creditors included in the register.

7. Remuneration following the results of case on bankruptcy of bank is paid on condition of accomplishment by the managing director of the actions provided by the liquidation plan of bank, taking into account completeness of their accomplishment, and also the terms established by it, which provided satisfaction of requirements of creditors in the following sizes:

to 20 (inclusive) percent of requirements of the creditors included in the register of requirements of creditors - in the amount of 1 percent from the amount of the met requirements;

from 20 to 50 (inclusive) percent of requirements of the creditors included in the register of requirements of creditors - in the amount of 2 percent from the amount of the met requirements;

from 50 to 75 (inclusive) percent of requirements of the creditors included in the register of requirements of creditors - in the amount of 3 percent from the amount of the met requirements;

from 75 to 100 (inclusive) percent of requirements of the creditors included in the register of requirements of creditors - in the amount of 4 percent from the amount of the met requirements.

Total amount received and due to the managing director (managing directors) within one liquidating production of quarterly remunerations and remunerations following the results of case on bankruptcy of bank cannot exceed 5 percent from the amount of the requirements of the creditors included in the register and satisfied during the entire period of liquidating production.

Calculation of remuneration following the results of case on bankruptcy of bank is made by the managing director according to parts one and the second this Item and paid based on determination of court about completion of liquidating production.

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