of May 30, 2023 No. 13
About accounting of requirements of creditors and other persons in insolvency matters or bankruptcy
Based on Item 7 of article 71 of the Law of the Republic of Belarus of December 13, 2022 No. 227-Z "About insolvency settlement", subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967, the Ministry of Economics of the Republic of Belarus DECIDES:
1. Approve:
1.1. The instruction about procedure for maintaining requirements of creditors by the anti-recessionary managing director of the register (is attached);
2. Maintaining the register of requirements of creditors for cases on economic insolvency (bankruptcy) on which production is initiated by the court considering economic cases till October 1, 2023 is performed according to the Instruction about procedure for maintaining requirements of creditors by the anti-recessionary managing director of the register approved by the resolution of the Ministry of Economics of the Republic of Belarus of November 21, 2012 No. 96.
the resolution of the Ministry of Economics of the Republic of Belarus of November 21, 2012 No. 96 "About approval of the Instruction about procedure for maintaining requirements of creditors by the anti-recessionary managing director of the register";
the resolution of the Ministry of Economics of the Republic of Belarus of September 7, 2015 No. 52 "About modification and amendments in the resolution of the Ministry of Economics of the Republic of Belarus of November 21, 2012 No. 96".
4. This resolution becomes effective since October 1, 2023.
Minister
A.V.Chervyakov
Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of May 30, 2023 No. 13
1. This Instruction establishes procedure for maintaining by the anti-recessionary managing director (further - the managing director) the register of requirements of creditors (further - the Register).
2. Maintaining the Register is performed electronically with use of the Unified state register of data on bankruptcy (further - the Unified register) posted on the global computer Internet on the website www.bankrot.gov.by.
When maintaining the Register the managing director fills the electronic form placed in the Unified register.
3. Monetary commitments in the Register are specified in Belarusian rubles, except for case when the creditor makes the proposal on inclusion in the Register of monetary commitments of the debtor in foreign currency.
Recalculation of the monetary commitments of the debtor included in the Register in foreign currency for their subsequent specifying in the Register in Belarusian rubles is carried out according to Item 2 of article 71 of the Law of the Republic of Belarus "About insolvency settlement" (further - the Law).
4. Maintaining the Register is performed based on the available documents confirming requirements of the creditors received by the managing director according to the Law.
5. Change of records of the Register shall contain specifying on their basis.
6. Data on satisfaction of requirements of each creditor are entered by the managing director in process of their satisfaction, but at least once a month.
7. The register consists of five Sections:
7.1. the general Section includes the following data:
information on the insolvency matter or bankruptcy, court considering economic cases (in which production there is this case);
date of updating of data;
surname, own name, middle name (if that is available) each creditor - physical person, the name of each creditor - the legal entity;
e-mail address (in the presence) each creditor;
total amount of requirements of the creditor from all Sections of the Register;
total amount of the met requirements of the creditor from all Sections of the Register;
total amount of the extinguished requirements of creditors;
total sum of the declared requirements of creditors from all Sections of the Register;
total sum of the met requirements of creditors;
data on solutions of the creditor meetings concerning cession of property of the debtor on account of satisfaction of requirements of creditors;
total sum of the extinguished requirements of creditors;
data on transfer of the Register to the managing directors exempted from fulfillment of duties in the case of insolvency or bankruptcy, to again appointed managing director;
data on modification;
other data concerning satisfaction of requirements of the creditors included in the general Section;
7.2. the first Section includes the following data on requirements of creditors - the physical persons specified in subitem 8.1 of Item 8 of article 119 of the Law:
surname, own name, middle name (if that is available) the creditor - physical person;
the amount of the requirements which are subject to satisfaction in connection with damnification of life or to health and (or) moral harm in connection with damnification of life or to health;
outgoing data of the documents confirming requirements of the creditor - physical person;
data on transfer of requirements from the debtor to the Republic of Belarus in the amount of the capitalized time payments;
data on satisfaction by money transfer of requirements of creditors - physical persons, total and total sum of the met requirements of creditors - physical persons, percent of satisfaction of requirements of creditors - physical persons;
data on repayment of requirements of creditors - physical persons, total and total sum of the extinguished requirements of creditors - physical persons;
other data concerning satisfaction of requirements of the creditors included in the first Section;
7.3. the second Section includes the following data on requirements of the creditors specified in subitem 8.2 of Item 8 of Article 119 and Item 1 of article 121 of the Law:
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