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The document ceased to be valid since  February 26, 2017 according to Item 1 of the Resolution of Board of National Bank of the Republic of Belarus of February 14, 2017 No. 62

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 27, 2007 No. 72

About approval of the Instruction for release, placement and repayment of indexed bonds of National Bank of the Republic of Belarus for legal entities

(as amended of the Resolution of Board of National Bank of the Republic of Belarus of 04.06.2010 No. 205)

Based on articles 26 and 55 of the Bank code of the Republic of Belarus and subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 "About some questions of regulation of the security market" the Board of National Bank of the Republic of Belarus DECIDES: No. 277

1. Approve the enclosed Instruction for release, placement and repayment of indexed bonds of National Bank of the Republic of Belarus for legal entities.

2. Declare invalid the resolution of the Board of directors of National Bank of the Republic of Belarus of April 4, 2003 No. 101 "About approval of the Instruction for placement, the address and repayment of indexed bonds of National Bank of the Republic of Belarus for legal entities" (The national register of legal acts of the Republic of Belarus, 2003, No. 50, 8/9435).

3. This resolution becomes effective after its official publication.

 

Chairman of the board

P.P.Prokopovich

It is approved

Ministry of Finance of the Republic of Belarus

March 27, 2007

 

N.P.Korbut

 

Approved by the Resolution of Board of National Bank of the Republic of Belarus of March 27, 2007 No. 72

The instruction for release, placement and repayment of indexed bonds of National Bank of the Republic of Belarus for legal entities

Chapter 1. General provisions

1. The instruction for release, placement and repayment of indexed bonds of National Bank of the Republic of Belarus (further - the Instruction) is developed for legal entities based on articles 26 and 55 of the Bank code of the Republic of Belarus and subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 1/7529) and regulates procedure for release, placement and repayment of indexed bonds of National Bank of the Republic of Belarus for legal entities (further indexed bonds).

2. Indexed bonds are issued by National Bank of the Republic of Belarus (further - National Bank) for the purpose of realization of monetary policy of the Republic of Belarus. Nominal value of indexed bonds is expressed in Belarusian rubles.

3. Legal entities (residents and nonresidents of the Republic of Belarus) can be owners of indexed bonds.

4. For the purposes of this Instruction following terms have the following values:

private auction - the auction held by National Bank on primary placement of indexed bonds among primary investors;

the purchasing request - set of the offers on the prices and amounts determining intention of primary investor to acquire indexed bonds;

the investor - the legal entity who is owning the indexed bond or showed willingness to acquire the indexed bond;

indexed bonds - coupon bonds which nominal value can change at size of relative indicator (index) established by National Bank;

indexation of nominal value of the indexed bonds changes of nominal value of indexed bonds at size of the index established by National Bank. At the same time the rate established by National Bank in relation to the corresponding foreign currency, the type of foreign currency chosen by National Bank (further - the foreign exchange rate) or consumer price index in the month as a percentage by last month calculated by National Statistical Committee of the Republic of Belarus (further - consumer price index) can be base of indexation of nominal value. Indexation of nominal value of indexed bonds is made for the expenditure account of National Bank;

maximum price - the greatest possible level of selling price of the indexed bond;

minimum price or stop-out price - the lower level of selling price of the indexed bond established by National Bank;

primary investor - the bank of the Republic of Belarus created according to the legislation, which received the consent of National Bank to implementation of transactions with securities (further - the consent of National Bank), having special permission (license) for implementation of professional and exchange activity on securities (the constituting works and services: broker, dealer activities) (further - the license) and taking part in primary placement of indexed bonds. The status of primary investor is given by National Bank;

software and hardware complex of National Bank - set of the program and technical means established in National Bank, providing carrying out primary placement of indexed bonds;

current value - the cost of the indexed bond for certain date depending on the indexed nominal value and cumulative coupon yield in the period of its address;

the remote terminal - the workplace of primary investor located out of National Bank, intended for input of requests in software and hardware complex of National Bank;

authorized depositary - the depositary which received the status of authorized depositary according to the legislation;

the authorized representative of primary investor - the physical person who received the power of attorney from primary investor on implementation from his name of transactions with indexed bonds;

the authorized employee of National Bank - the employee of National Bank having according to job responsibilities the right on behalf of National Bank to perform transactions with indexed bonds;

the electronic document - the document in electronic form with the details allowing to establish its integrity and authenticity which conforms to the requirements established by the Law of the Republic of Belarus of December 28, 2009 "About the electronic document and the digital signature" (The national register of legal acts of the Republic of Belarus, 2010, No. 15, 2/1665).

The terms "personal key of the digital signature", "authenticity of the electronic document", "integrity of the electronic document" and "digital signature" are applied in the values determined by the Law of the Republic of Belarus "About the electronic document and the digital signature".

5. The electronic document is created and transferred with use of software and hardware complex of National Bank and system of telecommunications.

Questions of delivery and security of electronic documents, uses of the digital signature are regulated by agreements and the legislation.

Electronic documents and other information connected with electronic document management on release, placement and repayment of indexed bonds are stored in National Bank within 3 years.

6. Indexed bonds are issued in paperless form (in the form of records on accounts).

Primary placement of indexed bonds is performed in the way:

sales on private auction (further - auction);

carrying out additional placement of the indexed bonds which are not realized on private auction (further - additional placement);

without holding the auction.

7. Participants of placement of indexed bonds are National Bank (as the issuer and authorized depositary), primary investors and investors.

8. Candidates for assignment of the status of primary investor submit the following documents to National Bank:

the statement on assignment of the status of primary investor in any form;

the questionnaire in form according to appendix 1 to this Instruction;

the copies of powers of attorney on all authorized representatives of primary investor certified by the head of primary investor on the transactions right in case of placement of indexed bonds and the signature of the relevant documents;

copies of competence certificates on the activities right in the security market to all authorized representatives of primary investor.

The submitted documents are considered within 20 days from the date of their obtaining by National Bank. The National Bank informs the candidate for assignment of the status of primary investor on the made decision. In case of adoption of the positive decision the National Bank signs with primary investor the contract for accomplishment of functions of primary investor of indexed bonds of National Bank for legal entities (further - the agreement) in form according to appendix 2 to this Instruction.

The National Bank has the right to refuse to the candidate assignment of the status of primary investor in cases of violation of the law about securities and (or) requirements of this Instruction.

9. Primary investors shall inform National Bank on all changes made to the documents submitted on assignment of the status of primary investor within 3 working days after their introduction.

In case of violation of the law about securities and (or) requirements of this Instruction, cancellation or suspension of the license, withdrawal of consent of National Bank at banks - primary investors the National Bank has the right to deprive of primary investor of this status.

The bank deprived of the status of primary investor has the right to repeatedly submit documents for assignment of the status of primary investor not earlier than in 6 months after receipt of the formal notice on deprivation of its status of primary investor.

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