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CIVIL CODE OF THE REPUBLIC OF BELARUS

of December 7, 1998 No. 218-3

(as amended on 04-05-2019)

Accepted by the House of Representatives on October 28, 1998

Approved by Council of the Republic on November 19, 1998

Section I. General provisions

Subsection 1. Basic provisions

Chapter 1. Civil legislation

Article 1. The relations regulated by the civil legislation

1. The civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right and other corporeal rights, the rights to results of intellectual activities, governs the relations between persons performing business activity or with their participation, contractual and other commitments, and also other property and related personal non-property relations.

Business activity is the independent activities of legal entities and physical persons performed by them in civil circulation on its own behalf, on the risk and under the property responsibility and directed to systematic profit earning from use of property, the sales of the things made, processed or acquired by specified persons for sale and also from performance of works or rendering services if these works or services intend for realization to other persons and are not used for own consumption.

Craft activity is activities of physical persons for production and sales of goods, performance of works, rendering services using manual work and the tool, including electric, performed independently, without involvement of other physical persons according to employment and (or) civil contracts and directed to satisfaction of household needs of citizens.

 Do not treat business activity:

craft activity;

activities for rendering services in the sphere of agroecotourism;

activities of the citizens of the Republic of Belarus performing maintaining personal subsidiary farms, for production, conversion and realization of the agricultural products made by them;

lawyer activities;

notarial activities of notaries;

activities of arbitration judges;

activities of mediators;

the activities performed within temporary research teams;

activities of physical persons for use of own securities and bank accounts as instrument of payment or for the purpose of preserving money and income acquisition;

the following types of activity performed by physical persons independently without involvement of other physical persons according to employment and (or) civil contracts:

realization by the foreign citizens and stateless persons who are temporarily staying and temporarily living in the Republic of Belarus on trade places in the markets and (or) in other places established by local executive and administrative organs no more than five days in calendar month of works of painting, graphics, sculpture, products of national art crafts, products of crop production and beekeeping (further – one-time realization);

realization by physical persons, except for persons specified in the paragraph the twelfth to this part on trade places in the markets and (or) in other places of the works of painting, graphics, sculpture, objects of products of national art crafts created by these physical persons established by local executive and administrative organs; products of floriculture, ornamental plants, their seeds and seedling, animal; herbs, berries, mushrooms, nuts, other wild-growing products; products specified in paragraph three of part one of Item 1-1 of article 294 of the Tax Code of the Republic of Belarus in the presence of the documents provided by parts two and third Item 1-1 of article 294 of the Tax Code of the Republic of Belarus;

rendering services in cultivation of agricultural products;

provision of services on grain crushing;

cattle pasture;

tutoring (advisory services in separate subjects (objects), subject matters (disciplines), educational areas, subjects, including help in preparation for centralized testing);

cleaning and cleaning of premises;

care of adults and children, washing and ironing of bed linen and other things in households of citizens, walking of pets and care of them, purchase of products, washing of ware and cooking in households of citizens, introduction of payment from means of the served person for use of premises and housing and communal services, kosheny herbs on lawns, cleaning of the planted trees and shrubs territory from leaves, mowed grass and garbage;

mining, acquisition, alienation of digital signs (tokens);

musical and entertaining servicing of weddings, anniversaries and other festive events;

activities of actors, dancers, musicians, contractors of colloquial genre, speakers individually;

provision of services by the host;

photographing, production of photos; video filming of events;

the activities connected with birthday greetings, New year and other holidays irrespective of the place of their carrying out;

realization of kittens and puppies in case of condition of keeping of pet (cat, dog);

services in content, leaving and training of pets, except farm animals;

activities for copying, preparation of documents and other specialized office activities;

activities for translation and interpretation;

provision of services, rendered by means of automatic machines for measurement of weight, growth;

repair of sewing, knitted products and headdresses, except repair of carpets and carpet products;

provision of premises, garden lodges, dachas (except provision of premises, garden lodges, dachas for short-term accommodation according to the paragraph thirty third this part);

provision by physical persons, except for the foreign citizens and persons without citizenship which are temporarily staying and temporarily living in the Republic of Belarus, belonging to them on the property right of premises, garden lodges, dachas to other physical persons for short-term accommodation;

performed by physical persons, except for the foreign citizens and persons without citizenship which are temporarily staying and temporarily living in the Republic of Belarus by orders of the citizens acquiring or using goods (works, services) only for the personal, domestic, family and other needs which are not connected with implementation of business activity:

performance of works, rendering services in interior design, graphical design, design (ornament) of cars, internal space of capital structures (buildings, constructions), rooms, other places, and also modeling of objects of registration of interior, textile products, furniture, clothes and footwear, objects of private use and household products;

repair of hours, footwear;

repair and recovery, including banner, house furniture from the customer's materials;

assembly of furniture;

setup of musical instruments;

sawing up and splitting of firewood, loading and unloading of freights;

production of clothes (including headdresses) and footwear from the customer's materials;

plaster, painting, glass works, works on the device of floor coverings and facing of walls, pasting of walls as wall-paper, laying (repair) of furnaces and fireplaces;

rendering services in development of websites, to installation (setup) of computers and the software, recovery of computers after failure, repair, maintenance of computers and the peripheral equipment, training in work at the personal computer;

hairdresser's and cosmetic services, and also services in manicure and pedicure.

The housing, family, employment, land relations, the relations on use of other natural resources and environmental protection answering to the signs specified in parts one and the second this Item are regulated by the civil legislation if the housing legislation, by the legislation on scrap and family, on work and employment of the population, on protection and use of lands and other special legislation does not provide other.

2. The relations connected with implementation and protection of inaliennable human rights and freedoms and other non-material benefits (the personal non-property relations which are not connected with property) are regulated by the civil legislation as other does not follow from being of these relations.

3. Participants of the relations regulated by the civil legislation are citizens of the Republic of Belarus (further - citizens), legal entities of the Republic of Belarus (further - legal entities), the Republic of Belarus, administrative and territorial units of the Republic of Belarus (further - administrative and territorial units).

The rules established by the civil legislation are applied to the relations with participation of foreign citizens, persons without citizenship, foreign and international legal entities (the organizations, not being legal entities), foreign states, their administrative-territorial (state and territorial) educations which are according to the legislation of these states participants of the civil relations if other is not determined by the Constitution of the Republic of Belarus, other legal acts and international treaties of the Republic of Belarus.

4. To the property relations based on the administrative subordination of one party established by the legislation another including the tax and budget relations, the civil legislation it is not applied if other is not stipulated by the legislation.

Article 2. Main beginnings of the civil legislation

The main beginnings of the civil legislation are understood as system of the principles determining and regulating the civil relations.

The civil legislation is based on the following principles:

all participants of the civil relations, including the state, its bodies and officials, act within the Constitution of the Republic of Belarus and acts of the legislation (the principle of supremacy of law) adopted according to it;

the direction and coordination of the state and private economic activity are provided with the state in the social purposes (the principle of social orientation of regulation of economic activity);

implementation of the civil laws shall not contradict public advantage and safety, to do harm to the environment, historical and cultural values, to violate the rights and interests of other persons (the principle of priority of public concerns) protected by the law;

subjects of the civil law participate in the civil relations as equals, are equal before the law, cannot take the advantages and privileges contradicting the law and have the right without any discrimination to equal protection of the rights and legitimate interests (the principle of equality of participants of the civil relations);

the property right, acquired by legal method, is protected by the law and protected by the state, its immunity is guaranteed, and compulsory acquisition is allowed only based on social necessity in case of observance of the conditions and procedure determined by the law with timely and complete compensation of cost of aloof property or according to the court order (the principle of security of property);

citizens and legal entities are free in the conclusion of the agreement. Compulsion is not allowed to the conclusion of the agreement, except as specified, when obligation to sign the agreement is stipulated by the legislation or voluntarily undertaken obligation (agreement liberty principle);

conscientiousness and rationality of participants of civil legal relationship is supposed as other is not established (the principle of conscientiousness and rationality of participants of civil legal relationship);

intervention in private affairs is not allowed, except as specified, when such intervention is performed based on precepts of law for the benefit of homeland security, public order, protection of morality, health of the population, the rights and freedoms of other persons (the principle of inadmissibility of any intervention in private affairs);

citizens and legal entities have the right to perform protection of the civil laws in court and different ways, stipulated by the legislation, and also self-defense of the civil laws with observance of the limits determined according to civil regulations (the principle of free implementation of the civil laws, ensuring recovery of the violated rights, their judicial protection);

other principles enshrined in the Constitution of the Republic of Belarus, other acts of the legislation, and equally in the following from content and sense of civil regulations.

Participants of civil legal relationship acquire and perform the civil laws the will and in the interests. They are free in establishment of the rights and obligations on the basis of the agreement and in determination of any terms of the contract which are not contradicting the legislation.

Article 3. Civil legislation

1. The civil legislation - system of regulatory legal acts which includes the containing regulations of the civil law:

legal acts (Constitution of the Republic of Belarus, this Code and laws of the Republic of Belarus, decrees and presidential decrees of the Republic of Belarus);

orders of the President of the Republic of Belarus;

the orders of the Government of the Republic of Belarus published according to legal acts;

the acts of the Constitutional Court of the Republic of Belarus, the Supreme Court of the Republic of Belarus and National Bank of the Republic of Belarus issued within their competence on regulation of the civil relations established by the Constitution of the Republic of Belarus and other legal acts adopted according to it;

the acts of the ministries, other republican state bodies, local authorities of management and self-government issued in the cases and limits provided by legal acts, orders of the President of the Republic of Belarus and the orders of the Government of the Republic of Belarus.

2. In case of discrepancy of the act of the legislation with the Constitution of the Republic of Belarus the Constitution is effective.

In case of discrepancy of the decree or the presidential decree of the Republic of Belarus with this Code or other law this Code or other law have supremacy only when powers on the publication of the decree or the decree were provided by the law.

The regulations of the civil law containing in other laws shall correspond to this Code. In case of discrepancy of the specified acts with this Code the last acts.

In case of collision (discrepancy) of other acts of the civil legislation the rules established by the legislation of the Republic of Belarus on regulatory legal acts are applied.

Article 4. Operation of the civil legislation in time

If other is not provided by the Constitution and other legal acts adopted according to it, acts of the civil legislation have no retroactive force and are applied to the relations which arose:

after their introduction in action;

before their introduction in action regarding the rights and obligations which arose after their introduction in action.

The relations of agreement parties, concluded before enforcement of the act of the civil legislation, are regulated according to Article 392 of this Code.

Article 5. Application of the civil legislation by analogy

1. In cases when stipulated in Article 1 of this Code of the relation are directly not settled by acts of the legislation or the agreement of the parties, to such relations as it does not contradict their being, the regulation of the civil legislation governing the similar relations (analogy of the law) is applied.

2. In case of impossibility of use in the specified cases of analogy of the law of the right and obligation of the Parties are determined proceeding from the main beginnings and sense of the civil legislation (analogy is right).

3. Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.

Article 6. Civil legislation and rules of international law

The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the civil legislation.

The regulations of the civil law containing in the international treaties of the Republic of Belarus which became effective are part of the civil legislation existing in the territory of the Republic of Belarus, are subject to direct application, except cases when follows from the international treaty that application of such regulations requires the publication of the interstate act, and are valid that legal act which expresses the consent of the Republic of Belarus to obligation for it the corresponding international treaty.

The regulations of the civil law containing in the international treaties of the Republic of Belarus which did not become effective can be applied by the Republic of Belarus temporarily according to the procedure, established by the legislation on international treaties of the Republic of Belarus.

Chapter 2. Emergence of the civil laws and obligations, implementation and protection of the civil laws

Article 7. Bases of emergence of the civil laws and obligations

1. The civil laws and obligations arise from the bases, stipulated by the legislation, and also from actions of citizens and legal entities which though are not provided by it, but owing to the main beginnings and sense of the civil legislation generate the civil laws and obligations.

In connection therewith the civil laws and obligations arise:

1) from agreements and other transactions, stipulated by the legislation, and also from agreements and other transactions, though not stipulated by the legislation, but not contradicting it;

2) from acts of state bodies and local authorities and self-government which are stipulated by the legislation as the basis of emergence of the civil laws and obligations;

3) from the judgment which established the civil laws and obligations;

4) as a result of creation and property acquisition on the bases which are not forbidden by the legislation;

5) as a result of creation of works of science, literature, art, inventions and other results of intellectual activities;

6) owing to damnification to other person;

7) owing to unjust enrichment;

8) owing to other actions of citizens and legal entities;

9) owing to events with which the legislation connects approach of civil consequences.

2. The rights to the property which is subject to state registration arise from the moment of registration of this property or the appropriate rights to it if other is not established by the legislation.

Article 8. Implementation of the civil laws

1. Citizens and legal entities at discretion perform the civil laws belonging to them.

2. The refusal of citizens and legal entities of implementation of the rights belonging to them does not attract the termination of these rights, except as specified, provided by legal acts.

Article 9. Limits of implementation of the civil laws

1. The actions of citizens and legal entities performed only with intention to do harm to other person, and also abuse of the right in other forms are not allowed.

Use of the civil laws for the purpose of competition restriction, and also abuse of the dominant position in the market is not allowed.

2. In case of non-compliance with requirements, stipulated in Item 1 this Article, the court of law or reference tribunal can refuse to person protection of the right belonging to it.

3. Person abusing the right shall redeem situation of person which was injured from abuse, to indemnify the caused loss.

4. In cases when the legislation puts protection of the civil laws into dependence on whether these rights honesty and reasonably were performed, conscientiousness and rationality of participants of civil legal relationship is supposed.

Article 10. Judicial protection of the civil laws

1. Protection of the violated or challenged civil laws is performed by court of law, reference tribunal (further - court) according to the jurisdiction established by the procedural legislation, and in stipulated by the legislation cases - according to the agreement.

2. By the legislation or the agreement (if it does not contradict the legislation) dispute settlement between the parties before appeal to the court can be provided.

Before appeal to the court with the claim for the disputes arising between legal entities and (or) individual entrepreneurs presentation of the claim (the written offer on voluntary dispute settlement) is obligatory if other is not established by this Code, other legal acts or the agreement. The procedure for presentation of the claim is established by the legislation or the agreement.

3. Protection of the civil laws is administratively performed only in cases, stipulated by the legislation. The decision made administratively can be appealed in court.

Article 11. Methods of protection of the civil laws

Protection of the civil laws is performed in the way:

1) recognitions of the right;

2) recoveries of the provision existing before violation of the right;

3) suppression of the actions violating the right or creating threat of its violation;

4) recognitions of the debatable transaction invalid and applications of consequences of its invalidity, factual determination of negligibility of the transaction and application of consequences of its invalidity;

5) recognitions invalid act of state body or body of local authority and self-government;

6) self-defenses of the right;

7) award to discharge of duty in nature;

8) indemnification;

9) penalties;

10) compensations of moral harm;

11) terminations or changes of legal relationship;

12) non-use by court of the act of state body or body of local authority and self-government contradicting the legislation;

13) in other ways, stipulated by the legislation.

Article 12. Recognition invalid act of state body or body of local authority and self-government

The substandard act of state body or body of local authority and self-government, and also the act of the legislation which is not corresponding to other legal act and violating the civil laws and interests of the citizen and (or) legal entity protected by legal acts, is nullified by court upon the demand of person whose rights are violated, and in cases, stipulated by the legislation, - upon the demand of other persons. In case of recognition of the act by court invalid the violated right is subject to recovery or protection in other ways, stipulated in Article the 11th of this Code.

Article 13. Self-defense of the civil laws

Protection of the civil laws is allowed by direct actions of person whose rights are violated if such actions are not integrated to violation of the law.

The self-defense of the civil laws performed with damnification in condition of emergency or justifiable defense is not violation of the law if the action which is protected were proportional to nature and danger of violation and did not go beyond its prevention or suppression.

Article 14. Indemnification

1. Person whose right is violated can require full recovery of the losses caused to it if the legislation or the agreement corresponding to the legislation do not provide other.

2. Losses are understood as expenses which person whose right is violated, made or will shall make for recovery of the violated right, loss or injury of property (actual damage), and also the uncollected income which this person would receive in case of usual conditions of civil circulation if its right was not violated (lost profit).

If person which violated the right received thereof the income, person whose right is violated has the right to require compensation along with other losses of lost profit in the amount of, not smaller, than such income.

Article 15. Indemnification, caused by state bodies, local authorities and self-government

The losses caused to the citizen or the legal entity as a result of illegal actions (failure to act) of state bodies or officials of these bodies, local authorities and self-government or officials of these bodies including publications of the act of state body or body of local authority and self-government which is not corresponding to the legislation, are subject to compensation by the Republic of Belarus or the corresponding administrative and territorial unit according to the procedure, stipulated by the legislation.

Subsection 2. Persons

Chapter 3. Citizens (physical persons)

Article 16. Legal capacity of citizens

1. Capability have the civil laws and perform duties (civil legal capacity) is recognized equally for all citizens.

2. Legal capacity of the citizen arises at the time of its birth and stops his death.

Article 17. Content of legal capacity of citizens

Citizens can have according to the legislation property on the property right; inherit and bequeath property; be engaged in the entrepreneurial and any other not forbidden by legal acts activities; create legal entities independently or together with other citizens and legal entities; make the transactions which are not contradicting the legislation and participate in obligations; choose the residence; have the rights of authors of works of science, literature or art, inventions or other results of intellectual activities protected by the legislation; have other property and personal non-property rights.

Article 18. Name of the citizen

1. The citizen acquires and performs the rights and obligations under the name including surname, own name and middle name (if that is available) if other does not follow from the legislation.

In cases and procedure, stipulated by the legislation, the citizen can use pseudonym (fictitious name).

2. The citizen has the right to change the name according to the procedure, established by the legislation. Change by the citizen of name is not the basis for the termination or change of its rights and obligations acquired under former name.

The citizen shall take necessary measures for the notification of the debtors and creditors on change of his name and bears risk of the consequences caused by absence in these persons of data on change of his name.

The citizen who changed the name having the right to require introduction at own expense of corresponding changes in the documents processed to his former name.

3. The name received by the citizen in case of the birth, and also change of name are subject to registration according to the procedure, established for civil registration.

4. Acquisition of rights and obligations under name of other person is not allowed.

5. The harm done to the citizen as a result of unauthorized use of his name is subject to compensation according to the law.

In case of misstatement or use of name of the citizen methods or in shape, affecting his honor, advantage or goodwill, apply rules, stipulated in Article 153 of this Code.

Article 19. Residence of the citizen

1. The residence of the citizen the location (address) of premises is recognized, the right of possession, orders and (or) uses of which arose at the citizen on the bases established by legal acts or the settlement where this citizen constantly or mainly lives, and in case of impossibility to establish such place - the residence (in case of its absence - the place of stay) specified in the identity document, or other document on registration or the location of property of this person.

2. The residence of minors aged up to fourteen years or citizens who are under guardianship the residence of their parents, adoptive parents or guardians is recognized.

Article 20. Capacity to act of citizens

1. The citizen's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform them (civil capacity to act) arises in full with occurrence of age of majority, that is on reaching eighteen-year age.

2. In case the legislation allows emancipation (article 26 of this Code) or marriage before achievement of eighteen years, the citizen who did not reach eighteen-year age acquires capacity to act in full according to the decision making moment about emancipation or since marriage.

The capacity to act acquired as a result of marriage remains in full and in case of annulment of marriage.

In case of scrap recognition invalid the court can make the decision on loss by the minor spouse of full legal capacity since the moment determined by court.

3. All citizens have equal capacity to act if other is not established by the legislation.

Article 21. Inadmissibility of deprivation or restriction of legal capacity and capacity to act of citizens

1. Nobody can be limited in legal capacity and capacity to act differently as in the cases and procedure established by the law.

2. The complete or partial refusal of the citizen of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant, except as specified, when such transactions are allowed by the law.

Article 22. Business activity of the citizen

1. The citizen has the right to be engaged in business activity without formation of legal entity from the moment of state registration as the individual entrepreneur. The number of the physical persons involved by the individual entrepreneur based on civil and (or) employment contracts for implementation of business activity and also quantity of the property used for these purposes can be limited to legal acts.

2. Rules of this Code which regulate activities of legal entities, being the commercial organizations respectively are applied to the business activity of citizens performed without formation of legal entity if other does not follow from the legislation or being of legal relationship.

3. The citizen performing business activity without formation of legal entity with violation of requirements of Item 1 of this Article having no right to refer concerning the bargains concluded by it at the same time to the fact that he is not individual entrepreneur. The rules established by the legislation for business activity are applied to such transactions.

Article 23. Property responsibility of the citizen

The citizen answers for the obligations all property belonging to him, except for property on which according to the legislation collection cannot be turned.

The list of property of citizens on which collection cannot be turned is established by the legislation on enforcement proceeding.

Article 24. Economic insolvency (bankruptcy) of the individual entrepreneur

1. The individual entrepreneur who is not able to meet the requirements of creditors connected with implementation of business activity by him can be recognized as economically insolvent (bankrupt) judicially.

2. When implementing the procedure of recognition by economically insolvent (bankrupt) of the individual entrepreneur his creditors according to the obligations which are not connected with implementation by it of the business activity having also the right to impose the requirements. The requirements of the specified creditors which are not declared by them in such procedure are valid after completion of the procedure of bankruptcy of the individual entrepreneur.

3. Requirements of creditors of the individual entrepreneur in case of recognition by his bankrupt are met at the expense of the property belonging to it on which collection can be turned.

4. After completion of settlings with creditors the individual entrepreneur declared bankrupt is exempted from execution of the remained obligations connected with its business activity and other requirements imposed to execution and considered in case of recognition of the entrepreneur by the bankrupt.

Requirements of citizens before whom the individual entrepreneur declared bankrupt or who declared it the bankruptcy bears responsibility for damnification of their life or to health, and also other requirements of personal nature are valid.

5. The bases, procedure for recognition by court of the individual entrepreneur by economically insolvent (bankrupt) or announcements it about the bankruptcy, priority of satisfaction of requirements of creditors are established by this Code and other legislation.

Article 25. Capacity to act of minors aged from fourteen up to eighteen years

1. Minors aged from fourteen up to eighteen years make transactions, except for specified in Item 2 of this Article, from written consent of the legal representatives-parents, adoptive parents or custodians.

The transaction made by such minor is valid also in case of the subsequent written approval of his parents, adoptive parents or the custodian.

2. Minors aged from fourteen up to eighteen years have the right independently, without the consent of the legal representatives:

1) to dispose of the of earnings, grant and other own income;

2) to perform the rights of the author of the work of science, literature or art, the invention or other result of the intellectual activities protected by the legislation;

3) to deposit money in banks or the non-bank credit and financial organizations and to dispose of them according to the legislation;

4) to make small household transactions and other transactions, stipulated in Item 2 articles 27 of this Code.

On reaching sixteen years minors also have the right to be members of cooperatives according to acts of the legislation on cooperatives.

3. Property responsibility according to the transactions made according to Item 1 of this Article minors aged from fourteen up to eighteen years is born by the minor, and subsidiary responsibility - person which was this the written consent to making of the corresponding transaction.

Minors aged from fourteen up to eighteen years independently bear property responsibility according to the transactions made by them according to Item 2 of this Article.

Such minors bear responsibility according to Chapter 58 of this Code for the harm done by them.

4. In the presence of good causes the court according to the petition of parents, adoptive parents or the custodian or guardianship and custody body can limit or deprive of the minor aged from fourteen up to eighteen years of the right to independently dispose of the of earnings, grant or other income, except as specified, when such minor acquired capacity to act in full according to Item 2 of article 20 of this Code.

Article 26. Emancipation

1. The minor who reached sixteen years can be announced sui juris if he works according to the employment contract (contract) or with the consent of parents, adoptive parents or the custodian is engaged in business activity.

The announcement of the minor sui juris (emancipation) is made according to the decision of guardianship and custody bodies with the consent of both parents, adoptive parents or the custodian, and in the absence of such consent - by a court decision.

2. Parents, adoptive parents and the custodian do not bear responsibility according to obligations of the emancipated minor, including according to the obligations which arose owing to causing harm by him.

Article 27. Capacity to act of minors aged up to fourteen years (juveniles)

1. For minors aged up to fourteen years (juveniles) of the transaction except for specified in Item 2 of this Article only their legal representatives – parents, adoptive parents or guardians can make from their name.

The rules provided by Items 2 and 3 of article 35 of this Code are applied to transactions of legal representatives of such minor with its property.

2. Minors aged up to fourteen years have the right to make independently:

1) small household transactions;

2) the transactions directed to non-paid receipt of benefits, which are not requiring the notarial certificate or state registration;

3) transactions on the order the means provided by the legal representative or with the consent of the last the third party for particular purpose or the free order.

3. Property responsibility according to transactions of the minor aged up to fourteen years, including according to the transactions made by him independently is born by his parents, adoptive parents or the guardian. Responsibility for the harm done to minors aged up to fourteen years is determined according to rules of Chapter 58 of this Code.

Article 28. The order right bank deposits (deposits) addressed to juveniles

Their parents, adoptive parents or guardians with observance of rules, stipulated in Article the 35th of this Code, and also the investor dispose of bank deposits (deposits) made by someone addressed to juveniles (in cases, stipulated by the legislation or the agreement).

Article 29. Recognition of the citizen incapacitated

1. The citizen who owing to mental disturbance (sincere disease or weak-mindedness) cannot understand values of the actions or directs them, can be recognized as court incapacitated according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

2. On behalf of the citizen recognized incapacitated transactions are made by his guardian.

3. If the bases owing to which the citizen was recognized as incapacitated disappeared, the court recognizes it capable. Based on the judgment the guardianship established over it is cancelled.

Article 30. Legal incapacity of citizens

1. The citizen who owing to abuse of alcoholic drinks, drugs, psychotropic substances, their analogs puts the family in difficult financial position can be limited in capacity to act by court according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

Such citizen has the right to make small household transactions independently.

Make other transactions, and also receive earnings, pension and other income and it can dispose of them only with the consent of the custodian. However he independently bears property responsibility according to the transactions made by it and for the harm done to them.

2. If the bases owing to which the citizen was limited in capacity to act disappeared, the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over the citizen is cancelled.

Article 31. Restriction of business activity of the citizen

In the cases provided by legal acts, business activity of the citizen (the individual entrepreneur, the founder, the participant, the owner of property or the head of the legal entity, etc.) it can be limited judicially for a period of up to three years.

The citizen whose business activity is limited during all effective period of restriction cannot:

perform business activity without formation of legal entity;

the actions to acquire and perform the rights, to create for itself and to fulfill duties of the owner of property (the founder, the participant) of the legal entity;

hold positions in executive bodies of legal entities;

act as the managing director of the companies and other property which is used for business activity.

The company and other property which is in property of the specified citizen can be used by it during action of restriction for business activity only by transfer of this property to trust management.

Article 32. Guardianship

1. Guardianship is established over juveniles, and also over the citizens recognized by court incapacitated.

2. Guardians are representatives of wards by law (legal representatives) and make from their name and in their interests all necessary transactions.

Article 33. Guardianship

1. Guardianship is established over minors aged from fourteen up to eighteen years, and also over the citizens limited to court in capacity to act owing to abuse of alcoholic drinks, drugs, psychotropic substances, their analogs.

2. Custodians agree to making of those transactions which the citizens who are under the guardianship having no right to make independently.

Custodians render to wards assistance in implementation of the rights by them and fulfillment of duties, and also protect them from abuses of the third parties.

Article 34. Guardians and custodians as representatives of wards

1. Guardians and custodians are appointed according to the procedure, established by the legislation, and speak out in defense of the rights and interests of wards in the relations with any faces and the organizations, including in courts, without special power.

2. If to person needing guardianship or custody, within a month from the date of when the guardianship and custody body knew of need of establishment of guardianship or custody the guardian or the custodian, accomplishment of obligations of the guardian or custodian temporarily (before appointment of a guardian is not appointed or the custodian) it is assigned to the head of guardianship and custody body.

Article 35. Order property of the ward

1. The income of the ward including which is due to him from management of its property except for of the income of which the ward has the right to dispose independently are spent by the guardian or the custodian only for the benefit of the ward and with preliminary permission of guardianship and custody body.

Without preliminary permission of guardianship and custody body the guardian or the custodian has the right to make expenses, necessary for content of the ward, at the expense of the amounts which are due to the ward as its income.

2. The guardian of the guardianship and custody body having no right without preliminary permission to make, and the custodian - to agree to transactions on alienation, including on exchange or donation of property of the ward, its delivery in lease (in employment), free use or as a deposit; the transactions attracting refusal of the rights belonging to the ward, from it add the Section of its property or apportionment, and also any other transactions attracting reduction of property of the ward.

The procedure for property management of the ward is determined by the legislation.

3. The guardian, the custodian, their spouses and close relatives has no right to make transactions with the ward, except for cessions of property to the ward as gift or in free use, and also to represent the ward in case of the conclusion of transactions or conducting legal cases between the ward and the spouse of the guardian or the custodian and their close relatives.

Article 36. Property trust management of the ward

1. In need of permanent management of real and valuable personal estate of the ward the guardianship and custody body imprisons with the trustee determined by this body, the agreement on trust management of such property (Chapter 52 of this Code). In this case the guardian or the custodian keeps the powers concerning that property of the ward which is not delivered in trust management.

When implementing by the managing director of competences on property management of the ward action of the rules provided by Items 2 and 3 of article 35 of this Code extends to the managing director.

2. Property trust management of the ward stops in connection with termination of the contract of property trust management on the bases, stipulated in Item 1 articles 907 of this Code.

Article 37. Patronage over capable citizens

1. At the request of the full age capable citizen who for health reasons cannot independently perform and protect the rights and fulfill duties, over him patronage can be established.

Establishment of patronage does not attract restriction of the rights of the citizen over which patronage is established.

2. The assistant (person performing patronage) to the full age capable citizen can be appointed by guardianship and custody body only with the consent of such citizen.

3. The order the property belonging to the citizen over whom patronage is established is performed by the assistant based on the agreement of the order or trust management concluded with this citizen. Making of the transactions household and similar to them directed to content and satisfaction of household needs of the citizen over which patronage is established is performed by his assistant with the consent of this citizen.

4. The patronage established according to Item 1 of this Article stops upon the demand of the citizen over whom patronage is established.

Article 38. Recognition of the citizen is unknown absent

The citizen according to the statement of interested persons can be acknowledged as court is unknown absent if within one year in the place of his residence there are no data on the place of its stay. In case of impossibility to establish day of receipt of the last data about absent the beginning of calculation of term for recognition of unknown absence the first, following in what the last data about absent were received is considered, and in case of impossibility to establish this month - the first of January of the next year.

Article 39. Consequences of recognition of the citizen it is unknown absent

1. The property of the citizen, acknowledged is unknown absent, in need of permanent management is transferred by it based on the judgment to person who is determined by guardianship and custody body and acts on the basis of the agreement on trust management signed with this body.

2. The trustee property of the citizen, acknowledged it is unknown absent, accepts execution of its obligations, pays off at the expense of the property which is absent its debts, manages this property in its interests. According to the statement of interested persons content is issued to citizens whom it is unknown absent shall contain.

3. The guardianship and custody body can and before the expiration of one year from the date of receipt of data on the place of stay of the absent citizen to appoint the managing director it by property.

4. Consequences of recognition of person it is unknown absent, not provided by this Article, are determined by the legislation.

Article 40. Cancellation of the decision on recognition of the citizen it is unknown absent

1. In case of appearance or detection of the place of stay of the citizen, acknowledged it is unknown absent, the court cancels the decision on recognition it is unknown absent. Based on the judgment property trust management of this citizen is cancelled.

2. If after three years from the date of appointment of the trustee the decision on recognition of the citizen is unknown absent was not cancelled and appeal to the court about the announcement of the citizen the dead was not, the guardianship and custody body shall take a legal action with the statement for the announcement of the citizen the dead.

Article 41. Announcement of the citizen dead

1. The citizen can be announced by the court which died if in the place of his residence there are no data on the place of its stay within three years and if he was missing under the circumstances threatening with death or giving the grounds to assume his death from certain accident - within six months.

2. The serviceman or other citizen, the missing person in connection with military operations, can be announced by the court which died not earlier than after two years from the date of the end of military operations.

3. In the afternoon of death of the citizen declared in the dead day of the introduction in legal force of the judgment about the announcement is considered his dead. In case of the announcement to the dead of the citizen, the missing person under the circumstances threatening with death or giving the grounds to assume his death from certain accident, the court can recognize as day of death of this citizen day of his expected death.

4. The announcement of the citizen attracts with the dead concerning the rights and obligations of such citizen the same consequences which would be entailed by his death.

Article 42. Consequences of appearance of the citizen declared the dead

1. In case of appearance or detection of the place of stay of the citizen declared the dead, the court cancels the decision on the announcement his dead.

2. Irrespective of time of the appearance the citizen can demand from any face of return of the saved property which gratuitously passed to this person after the announcement of the citizen with the dead, except as specified, stipulated in Item 3 Articles 283 of this Code.

Persons to whom the property of the citizen declared the dead passed according to paid transactions shall return it this property if it is proved that, acquiring property, they knew that the citizen declared the dead is in live. In case of impossibility of return of such property in nature its cost is compensated. If the property of the citizen declared the dead passed to the state as escheated and was realized by it with observance of the conditions provided by this Article, then after cancellation of the decision on the announcement of the citizen by the dead to it the sum realized from realization of property returns.

Article 43. Civil registration

1. The following acts of civil status are subject to registration:

1) birth;

2) marriage;

3) establishment of motherhood and (or) paternity;

4) adoption (adoption);

5) death;

6) change of surname, own name, middle name;

7) annulment of marriage in cases, stipulated by the legislation about scrap and family.

2. The bodies registering acts of civil status and order of registration of acts of civil status are determined by the legislation.

Chapter 4. Legal entities

§ 1. Basic provisions
Article 44. Concept of the legal entity

1. The legal entity the organization which has in property, economic maintaining or operational management the isolated property is recognized, bears independent responsibility according to the obligations, can acquire and perform on its own behalf the property and personal non-property rights, fulfill duties, to be claimant and the defendant in court, undergone in accordance with the established procedure state registration as the legal entity or recognized as that legal act.

2. Due to the participation in formation of property of the legal entity his founders (participants) can have liability laws concerning this legal entity or the corporeal rights to its property.

Economic partnerships and societies, production and consumer cooperatives, peasant farms concern to legal entities concerning whom their participants have liability laws. Members of such legal entities can have the corporeal rights only to property which they contributed to legal entities to use as contribution to authorized capital.

The unitary enterprises, including affiliated, and also national associations and organizations financed by the owner treat legal entities to whose property their founders have the property right or other corporeal right.

3. The public and religious organizations (associations), charity and other foundations, associations of legal entities and (or) individual entrepreneurs (associations and the unions), and also other non-profit organizations treat legal entities concerning whom their founders (participants) have no property rights if other is not established by this Code, other laws or acts of the President of the Republic of Belarus.

In the cases provided by the laws or acts of the President of the Republic of Belarus, the Republic of Belarus, administrative and territorial units can have property rights concerning non-profit organizations, including without being their founders (participants).

4. Features of education (creation), reorganization and abolition (liquidation) of state bodies, and also the state legal entities, provisions on whom are approved by acts of the legislation, can be established by other acts of the legislation determining features of legal status of such bodies and legal entities.

Article 45. Legal capacity of the legal entity

1. The legal entity can have the civil laws answering the activities purpose provided in its constituent documents and also object of activity if it is specified in constituent documents and to perform the duties connected with these activities. The legal entity can be engaged in separate types of activity which list is determined by legal acts only based on special permission (license).

2. The legal entity can be limited in the rights only in the cases and procedure provided by legal acts. The decision on restriction of the rights can be appealed by the legal entity in court.

3. Legal capacity of the legal entity arises at the time of its creation (Item 2 of Article 47) and stops at the time of completion of its liquidation (Item 8 of Article 59).

The right of the legal entity to perform activities on which occupation receipt of special permission (license) is necessary arises from the moment of receipt of such special permission (license) and stops in case of cancellation, cancellation (response) of this special permission (license) in the cases provided by legal acts.

Legal capacity of state body, and also the state legal entity, the provision on whom is approved by the act of the legislation, arises from coming into force of the act of the legislation providing formation (creation) of such body or the legal entity if other is not provided by this act, and stops from coming into force of the act of the legislation providing abolition (liquidation) of such body or the legal entity if this act does not provide other.

State bodies, and also the state legal entities, provisions on whom are approved by acts of the legislation, are subject to inclusion in the Single state register of legal entities and individual entrepreneurs. The procedure for inclusion of such bodies and legal entities in the Single state register of legal entities and individual entrepreneurs taking into account features of their education (creation) is determined by the Government of the Republic of Belarus.

Article 46. Commercial and non-profit organizations

1. The organizations pursuing generation of profit as main objective of the activities and (or) sharing the got profit between participants (the commercial organizations) or not having generation of profit as such purpose and not sharing the got profit between participants (non-profit organizations) can be legal entities.

2. Legal entities, being the commercial organizations, can be created in the form of economic partnerships and societies, production cooperatives, the unitary enterprises, peasant farms and other forms provided by this Code.

3. Legal entities, being non-profit organizations, can be created in the form of consumer cooperatives, the public or religious organizations (associations) financed by the owner of organizations, charity and other foundations and also in other forms provided by legal acts.

Non-profit organizations can be created for achievement of the social, nature protection, charitable, cultural, educational, scientific and managerial purposes, protection of public health, development of physical culture and sport, satisfaction of spiritual and other non-material needs of citizens, protection of the rights, legitimate interests of citizens and legal entities, the dispute resolution and the conflicts, rendering legal aid according to the legislation, and also in other purposes directed to achievement of the public benefits.

Non-profit organizations can be created for satisfaction of material (property) needs of citizens or citizens and legal entities for the cases provided by this Code and other legal acts.

Non-profit organizations can perform business activity only so far as it is necessary for their authorized purposes for the sake of which they are created, answers these purpose and answers object of activity of non-profit organizations or as it is necessary for accomplishment of state significant tasks provided in their constituent documents corresponds to these tasks and answers object of activity of data of the organizations. For separate forms of non-profit organizations the requirements providing their right to occupation business activity only by means of formation of the commercial organizations and (or) participation in them can be established by legal acts.

4. Creation of associations of the commercial organizations and (or) individual entrepreneurs, and also associations of commercial and (or) non-profit organizations in the form of associations and the unions, associations of commercial, non-profit organizations and (or) individual entrepreneurs in the form of national associations is allowed.

In the cases provided by legal acts, merging of commercial, non-profit organizations and (or) physical persons can be created also in other forms.

Article 47. State registration of legal entities

1. The legal entity is subject to state registration according to the procedure, established by legal acts, except for state bodies, and also the state legal entities, provisions on whom are approved by acts of the legislation. Data of state registration join in the Single state register of legal entities and individual entrepreneurs if other is not established by legal acts.

Non-realization or refusal in any form on the bases which are not provided by legal acts in state registration of the legal entity, the changes and (or) additions made to constituent documents of legal entities are not allowed.

Implementation, non-realization of state registration of the legal entity by registering body or refusal in state registration of the legal entity, the changes and (or) additions made to constituent documents of legal entities can be appealed judicially.

2. The legal entity is considered created from the moment of its state registration if other is not established by the President of the Republic of Belarus.

The state body, and also the state legal entity, the provision on whom is approved by the act of the legislation, are considered educated (created) from coming into force of the act of the legislation providing formation (creation) of such body or the legal entity if other is not provided by this act.

3. The legal entity is subject to re-registration in the cases provided by legal acts.

4. The physical person or legal entity has the right to obtain information containing in the Single state register of legal entities and individual entrepreneurs, according to the procedure, determined by the legislation.

Article 47-1. Authorized capital of the commercial organization

1. During creation of the commercial organization the authorized capital of this organization according to the procedure, established by the legislation is created. The commercial organization independently determines the size of authorized fund, except for the commercial organizations for which the legislation establishes the minimum sizes of authorized funds.

2. Things, including money and securities, other property, including property rights, or other alienable rights having assessment of their cost can be contribution to authorized capital of the commercial organization.

The value assessment of non-cash contribution to authorized capital of the commercial organization is subject to examination of reliability of such assessment in cases and procedure, stipulated by the legislation.

The property cannot be brought in authorized capital of the commercial organization if the right to alienation of this property is limited by the owner, the legislation or the agreement.

By legal acts also other restrictions on the property brought as contribution to authorized capital of the commercial organization can be set.

3. If upon termination of the second and each subsequent financial year net assets value of the commercial organization appears less authorized fund, such organization shall reduce in accordance with the established procedure the authorized capital to the size which is not exceeding the cost of its net assets. In case of reduction of net assets value of the commercial organization for which the legislation establishes the minimum size of authorized fund by results of the second and each subsequent financial year below the minimum size of authorized fund such organization is subject to liquidation in accordance with the established procedure.

Article 48. Constituent documents of the legal entity

1. The legal entity acts on the basis of the Charter or the foundation agreement. The foundation agreement of the legal entity is signed, and the charter affirms the owner of property (founders, participants). Other approval procedure of charters of legal entities can be established by this Code and other legal acts. By acts of the President of the Republic of Belarus approval of provisions, on the basis of which the corresponding legal entities act can be provided.

2. In the charter, the foundation agreement of the legal entity the name of the legal entity, the place of its stay, the activities purpose, procedure for management of activities of the legal entity shall be determined, and also to contain other data provided by this Code and the legislation on legal entities of the corresponding type.

In the foundation agreement founders (participants) shall create the legal entity, determine procedure for joint activities for its creation, conditions of transfer of the property and participation in its activities to it. Except the data specified in part one of this Item in the foundation agreement also conditions and procedure for distribution between participants of profit and losses, exit of participants from its structure and other data, stipulated by the legislation about legal entities of the corresponding type shall be determined. In the consent of founders (participants) the foundation agreement can include also other conditions.

In constituent documents of non-profit organizations, and also in the cases provided by legal acts in constituent documents of the commercial organizations object of activity of the legal entity shall be determined. By constituent documents of the commercial organizations the subject of their activities also can be provided in cases when according to legal acts it is not obligatory.

3. Changes of constituent documents acquire force for the third parties from the moment of their state registration, and in the cases established by legal acts - from the moment of the notification of the body performing state registration on such changes. However legal entities and their founders (participants) have no right to refer to lack of registration of such changes in the relations with the third parties acting taking into account these changes.

Changes of constituent documents of republican state public associations acquire force for the third parties from coming into force of the legal acts approving such changes.

Article 49. Bodies of the legal entity

1. The legal entity acquires the civil laws and assumes civil obligations through the bodies operating according to the legislation and constituent documents. The procedure for appointment or election of bodies of the legal entity is determined by legal acts and constituent documents.

2. In the cases provided by legal acts the legal entity can acquire the civil laws and assume civil obligations through the owner of property (founders, participants).

3. Person who owing to the act of the legislation or constituent documents of the legal entity acts from his name shall act for the benefit of the legal entity represented to them honesty and reasonably. It shall upon the demand of the owner of property (founders, participants) of the legal entity as other is not provided by legal acts or the agreement, to pay the damages caused to them to the legal entity.

Article 50. Name and location of the legal entity

1. The legal entity has the name containing specifying on its form of business. Names of non-profit organizations also shall contain specifying on nature of activities of the legal entity in the cases of the name of the commercial organizations provided by legal acts.

Inclusion in the name of the legal entity of instructions on the official complete or reduced name of the Republic of Belarus, the words "national" and "Belarusian", inclusion of such name or elements of the state symbolics in details of documents or promotional materials of the legal entity are allowed according to the procedure, determined by the President of the Republic of Belarus.

2. The location of the legal entity is determined by the location of its permanent executive body (administrative and territorial unit, the settlement, and also the house, the apartment or other room if they are available), and in case of absence of permanent executive body - other body or person having the right to act on behalf of the legal entity without power of attorney.

3. The name and the location of the legal entity are specified in its constituent documents.

In case of change of the location of the legal entity such legal entity according to the procedure, established by legal acts, shall send the adequate notice to registering body if other is not established by legal acts.

4. It is excluded

Article 51. Representations and branches

1. Representation is the separate division of the legal entity located out of the place of its stay, performing protection and the representation of interests of the legal entity making from his name transactions and other legal acts.

2. Branch is the separate division of the legal entity located out of the place of its stay and performing everything or part of its functions including functions of representation.

3. Representations and branches are not legal entities. They are allocated with property the legal entity who created them and act on the basis of the provisions approved by it.

The property of representation and branch of the legal entity is considered separately on balance of the legal entity who created them (separately in the book of accounting of the income and expenses of the organizations and individual entrepreneurs applying simplified taxation system).

Heads of representations and branches are appointed the legal entity and act on the basis of the its powers of attorney.

Representations and branches shall be specified in the charter of the legal entity who created them.

4. The legal status of representations and branches of banks and non-bank credit and financial organizations, organizational structures of public organizations (associations) and republican state public associations is determined taking into account the features established by the legislation.

Article 51-1. Representative office of the foreign organization

1. Representative office of the foreign organization is its separate division located in the territory of the Republic of Belarus, performing protection and representation of interests of the foreign organization and other functions which are not contradicting the legislation.

Creation of representative offices of the foreign organizations which activities are directed to overthrow or violent change of the constitutional system, violation of integrity and safety of the state, propaganda for war, violence, kindling of race, religious and racial hatred is not allowed, and also activities of which can cause damage to the rights and legitimate interests of citizens.

2. The representative office of the foreign organization is considered created in the territory of the Republic of Belarus from the moment of receipt of permission to its opening in the procedure established by the legislation.

Restrictions for business and other activity of representative offices of the foreign organizations can be set by the legislation.

3. The representative office of the foreign organization has the name containing specifying on the foreign organization which created it.

Article 52. Responsibility of the legal entity

1. Legal entities, except the organizations financed by the owner, answer for the obligations all the property.

2. The state company and the organization financed by the owner answer for the obligations according to the procedure and on conditions, stipulated in Item the 8th Articles 113, Articles 115 and 120 of this Code.

3. The founder (participant) of the legal entity or the owner of its property do not answer for obligations the legal entity, and the legal entity does not answer for obligations the founder (participant) or owner, except as specified, provided by legal acts or constituent documents of the legal entity.

The owner of property of the legal entity recognized as economically insolvent (bankrupt) his founders (participants) or other persons, including the heads of the legal entity having the right to give instructions, obligatory for this legal entity, or opportunity to otherwise determine its actions, bear subsidiary responsibility in case of insufficiency of property of the legal entity only in case economic insolvency (bankruptcy) of the legal entity was caused by guilty (intentional) actions of such persons if other is not established by legal acts.

Article 53. Reorganization of the legal entity

1. Reorganization of the legal entity (merge, accession, separation, allocation, transformation) can be performed according to the decision of the owner of its property (founders, participants) or body of the legal entity authorized on that by constituent documents, and in the cases provided by legal acts according to the decision of authorized state bodies, including court.

For separate forms of non-profit organizations restrictions on reorganization forms can be set by this Code and other legal acts.

2. If the owner of property (founders, participants) of the legal entity authorized by them the body of the legal entity or body of the legal entity authorized on reorganization by its constituent documents do not perform reorganization of the legal entity in time, determined in the decision of authorized state body, the court in the claim of the specified state body appoints the external managing director of the legal entity and charges to it to perform reorganization of this legal entity. From the moment of appointment of the external managing director pass powers on administration of the legal entity to it. The external managing director appears on behalf of the legal entity in court, draws up the separation balance sheet or the transfer statement and submits to them court together with constituent documents of the legal entities resulting from reorganization. Approval by court of the specified documents is the basis for state registration of again arising legal entities.

3. In the cases established by legal acts, reorganization of legal entities can be performed only with the consent of authorized state bodies.

4. The legal entity is considered reorganized, except as specified reorganization in the form of accession, from the moment of state registration of again arisen legal entities.

By reorganization of the legal entity in the form of joining to it of other legal entity the first of them is considered reorganized from the moment of entering into the Single state register of legal entities and individual entrepreneurs of record about the termination of activities of the attached legal entity.

5. By legal acts features of reorganization of legal entities in certain fields of activity can be established.

Article 54. Legal succession by reorganization of legal entities

1. In case of merge of legal entities of the right and obligation of each of them pass to again arisen legal entity according to the transfer act.

2. When joining the legal entity to other legal entity to the last pass the rights and obligations of the attached legal entity according to the transfer act.

3. In case of separation of the legal entity of its right and obligation pass to again arisen legal entities according to the separation balance sheet.

4. In case of allocation from the list of the legal entity of one or several legal entities according to the separation balance sheet pass to each of them the rights and obligations of the reorganized legal entity.

5. When transforming the legal entity of one type to the legal entity of other type (change of form of business) pass to again arisen legal entity the rights and obligations of the reorganized legal entity according to the transfer act, except for the rights and obligations which cannot belong to the arisen legal entity.

Article 55. Transfer act and separation balance sheet

1. The transfer act and the separation balance sheet shall contain regulations on legal succession according to all obligations of the reorganized legal entity concerning all his creditors and debtors, including also the obligations challenged by the parties.

2. The transfer act and the separation balance sheet affirm the owner of property (founders, participants) of the legal entity or the body which made the decision on reorganization of the legal entity if other is not established by the President of the Republic of Belarus.

Article 56. Guarantees of the rights of creditors of the legal entity by its reorganization

1. The reorganized legal entity or the body which made the decision on reorganization of the legal entity shall notify in writing on it creditors of the reorganized legal entity.

2. The creditor of the reorganized legal entity has the right to demand the termination or early obligation fulfillment on which debtor is this legal entity, and indemnification.

3. If the separation balance sheet does not give the chance to determine the legal successor of the reorganized legal entity, again arisen legal entities bear joint liability according to obligations of the reorganized legal entity to his creditors.

Article 57. Liquidation of the legal entity

1. Liquidation of the legal entity attracts the termination of its activities without transition of the rights and obligations according to the procedure of legal succession to other persons if other is not provided by legal acts.

2. The legal entity can be liquidated according to the decision:

1) the owner of property (founders, participants) or body of the legal entity authorized on that by constituent documents including in connection with the expiration on which this legal entity, by goal achievement for the sake of which it is created violation by the commercial organization of procedure for forming of the authorized fund established by the legislation, recognition of state registration of the legal entity of invalid by court is created;

2) vessels in case:

rejection of the decision on liquidation according to the subitem of 1 this Item in connection with the expiration on which this legal entity, by goal achievement for the sake of which it is created violation by the commercial organization of procedure for forming of the authorized fund established by the legislation, recognition of state registration of the legal entity of invalid by court is created;

implementation of activities without special permission (license) or forbidden by legal acts or with other numerous or gross violations of legal acts;

economic insolvency (bankruptcy) of the legal entity;

reduction of net assets value of the commercial organizations for which the legislation establishes the minimum sizes of authorized funds, by results of the second and each subsequent financial year below the minimum size of the authorized fund determined by the legislation;

violations by the established legislation of procedure and terms of liquidation;

in other cases provided by this Code and other legal acts.

In case of detection of the bases for liquidation of the legal entity provided by paragraphs to the second, third, fifth and sixth part one of this subitem, authorized state bodies within the competence take a legal action with the claim for liquidation of such legal entity if other is not established by legal acts.

In case of detection of the basis for liquidation of the legal entity provided by the paragraph the sixth parts one of this subitem, creditors of the liquidated legal entity have the right to take a legal action with the claim for liquidation of such legal entity;

3) other bodies in the cases provided by legal acts.

3. By the judgment about liquidation of the legal entity obligations on implementation of liquidation of the legal entity can be assigned to the owner of its property (founders, participants) or the body authorized on liquidation of the legal entity by its constituent documents.

4. The legal entity, being the commercial organization or acting in the form of consumer cooperative, charity or other foundation, is liquidated according to Article of 61 of this Code owing to recognition by his economically insolvent (bankrupt).

If the property value of such legal entity is insufficient for satisfaction of requirements of creditors, it can be liquidated only according to the procedure, stipulated in Clause 61 of this Code.

Regulations on liquidation of legal entities owing to economic insolvency (bankruptcy) do not extend to the state companies.

5. In the cases established by the legislation, liquidation of legal entities can be performed only with the consent of authorized state bodies.

6. By legal acts features of liquidation of legal entities in certain fields of activity can be established.

Article 58. Obligations of person who made the decision on liquidation of the legal entity

1. The owner of property (founders, participants) or the body of the legal entity authorized by constituent documents, which made the decision on liquidation of the legal entity appoint liquidation commission (liquidator), distribute obligations between the chairman and members of liquidation commission (in case of appointment of liquidation commission), establish procedure and terms of liquidation if other is not established by acts of the legislation. The maximum (extreme) terms of liquidation of the legal entity can be established by legal acts.

2. In the presence at the liquidated legal entity of debt to creditors the chairman of liquidation commission (liquidator) designates the person conforming to the requirements established by the legislation and not being the owner of property (the founder, the participant), the head of this legal entity.

3. From the date of appointment of liquidation commission (liquidator) pass powers on administration of the legal entity to it. The liquidation commission (liquidator) on behalf of the liquidated legal entity appears in court.

Article 59. Procedure for liquidation of the legal entity

1. The chairman of liquidation commission (liquidator) within ten working days after decision date about liquidation of the legal entity shall notify in writing on it registering body for inclusion in the Single state register of legal entities and individual entrepreneurs of data that the legal entity is in process of liquidation.

In the cases and procedure established by the legislation data that the legal entity is in process of liquidation, on procedure and term of the statement of requirements by his creditors are placed on the global computer Internet with the subsequent publication in printing mass media. At the same time term for the statement of requirements creditors of the liquidated legal entity cannot be less than two months from the date of placement of data that the legal entity is in process of liquidation, on the global computer Internet if other moment of the beginning of current of the specified term is not established by legal acts.

The liquidation commission (liquidator) takes all feasible measures to identification of creditors and receipt of receivables, and also in writing notifies creditors on liquidation of the legal entity.

The liquidation commission (liquidator) establishes the size of requirements of creditors of the first and second priority, stipulated in Clause the 60th of this Code, based on accounting data and the reporting of the liquidated legal entity, and also other documents confirming availability of debt to the specified creditors.

Implementation of account transactions of the legal entity, making of the transactions which are not connected with liquidation are prohibited by it.

2. After the termination of term for presentation of requirements by creditors liquidation commission (the liquidator constitutes the interim liquidation balance sheet which contains the information about structure of property of the liquidated legal entity, the list of requirements imposed by creditors, and also about results of their consideration.

The interim liquidation balance sheet affirms the owner of property (founders, participants) of the legal entity or the body which made the decision on liquidation of the legal entity if other is not established by legal acts.

3. If available for the liquidated legal entity (except organizations) money is insufficient for satisfaction of requirements of creditors, the liquidation commission (liquidator) performs sale of property of the legal entity from the public biddings according to the procedure, established by acts of the legislation.

4. Payment of sums of money to creditors of the liquidated legal entity is made by liquidation commission (liquidator) according to the procedure of priority, stipulated in Clause the 60th of this Code, according to the interim liquidation balance sheet since day of its approval, except for creditors of the fourth queue, payments to which are made after month from the date of approval of the interim liquidation balance sheet.

5. After completion of settlings with creditors the liquidation commission (liquidator) constitutes the liquidation balance sheet which affirms the owner of property (founders, participants) the legal entity or the body which made the decision on liquidation of the legal entity if other is not established by legal acts.

6. In case of insufficiency at the liquidated state company of property, and at the liquidated organization - money for satisfaction of requirements of creditors the last have the right to take a legal action with the claim for satisfaction of the rest of requirements at the expense of the owner of property of this company or organization.

7. The property of the legal entity which remained after satisfaction of requirements of creditors is transferred to the owner of its property (founders, participants) having (having) the corporeal rights to this property or liability laws concerning this legal entity if other is not provided by legal acts or constituent documents of the legal entity.

8. Liquidation of the legal entity is considered complete, and the legal entity - the registering body of the decision on entering of record into the Single state register of legal entities and individual entrepreneurs liquidated from acceptance date about exception of the legal entity of this register.

Article 60. Satisfaction of requirements of creditors

1. In case of liquidation of the legal entity requirements of his creditors are met in the following priority:

1) first of all requirements of citizens before which the liquidated legal entity bears responsibility for damnification of life or to health by capitalization of the corresponding time payments are met;

2) at second priority calculations for dismissal wage payment, remunerations under author's agreements, compensation of persons working according to employment and (or) civil contracts are made;

3) in the third queue the debt on payments in the budget and state non-budgetary funds is repaid, and also requirements of creditors for the obligations provided with pledge of property of the liquidated legal entity for the account and within the means received from realization of pledged property are met;

4) in the fourth queue calculations with other creditors of the liquidated legal entity are made.

5) No. 388-Z is excluded according to the Law of the Republic of Belarus of 09.07.2012

The priority of satisfaction of requirements of creditors in case of liquidation of banks, non-bank credit and financial organizations and insurance companies is determined taking into account features, stipulated by the legislation.

The satisfaction of requirements of creditors in case of liquidation of the legal entity owing to economic insolvency (bankruptcy) is made according to the procedure, established by the legislation on economic insolvency (bankruptcy).

2. Requirements of each following queue are met after complete satisfaction of requirements of the previous queue.

3. In case of insufficiency of property of the liquidated legal entity this property is distributed between creditors of the corresponding queue in proportion to the amounts of the requirements which are subject to satisfaction if other is not established by legal acts.

4. In case of refusal liquidation commission in satisfaction of requirements of the creditor or evasion from their consideration the creditor of the liquidation balance sheet of the legal entity having the right to take a legal action before approval with the claim to the liquidated legal entity. By a court decision requirements of the creditor can be met at the expense of the remained property of the liquidated legal entity.

5. The requirements of the creditor declared later the expirations, established by liquidation commission for their presentation are satisfied from property of the debtor who remained after satisfaction of requirements of the creditors declared in time.

6. The requirements of creditors which are not satisfied because of insufficiency of property of the liquidated legal entity are considered extinguished, except for case, stipulated in Article 62 of this Code. Also the requirements of creditors which are not recognized by liquidation commission are considered extinguished if the creditor did not appeal with the claim to court, and also requirements which satisfaction by the judgment to the creditor it is refused.

Article 61. Economic insolvency (bankruptcy) of the legal entity

1. The legal entity, being the commercial organization, except for the state company, and also the legal entity acting in the form of consumer cooperative or charity or other foundation judicially can be acknowledged economically insolvent (bankrupt) if it is not able to meet requirements of creditors.

Recognition of the legal entity by economically insolvent (bankrupt) attracts its sanitation, and in case of impossibility or lack of the bases of continuation of activities - liquidation.

2. The bases of recognition by court of the legal entity by economically insolvent (bankrupt), procedure for its sanitation or liquidation are established by the legislation on economic insolvency (bankruptcy).

Article 62. The address of claim to property belonging to the legal entity after liquidation of this person

If after liquidation of the legal entity it will be proved that it for the purpose of avoidance of responsibility to the creditors transferred to other person or otherwise intentionally hid at least part of the property, the creditors who were not fully satisfied the requirements within the liquidating production having the right to turn collection on this property in outstanding part of debt. At the same time rules of Article 284 of this Code are respectively applied. Person to whom the property was transferred is considered unfair if it knew or owed know about intention of the legal entity to hide this property from creditors.

§ 2. Economic partnerships and societies

1. General provisions

Article 63. Basic provisions about economic partnerships and societies

1. Economic partnerships and societies the commercial organizations with the authorized fund divided into shares (shares) of founders (participants) are recognized. The property created at the expense of deposits of founders (participants), and also made and acquired by economic partnership or society in the course of its activities belongs to it on the property right.

Economic society can be founded by one person or can consist of one participant. Features of legal status, creation, activities, reorganization and liquidation of the economic society consisting of one participant are determined by the legislation on economic societies.

2. Economic partnerships can be created in the form of complete partnership and partnership in commendam.

3. Economic societies can be created in the form of joint-stock company, limited liability company or additional liability company.

4. Individual entrepreneurs and (or) the commercial organizations can be participants of complete partnerships and complete companions in partnerships in commendam.

Citizens and (or) legal entities can be members of economic societies and investors in partnerships in commendam.

State bodies and local authorities and self-government have no right to act as members of economic societies and investors in partnerships in commendam if other is not established by the legislation.

The unitary enterprises, national associations, and also financed by owners of organization can be members of economic societies and investors in partnerships in commendam with the permission of the owner (authorized by the owner of body) if other is not established by legal acts.

Participation of separate categories of citizens in economic partnerships and societies can be forbidden or limited to the law.

5. Economic partnerships and societies can be founders (participants) of other economic partnerships and societies, except as specified, provided by this Code and other acts of the legislation.

6. The value assessment of non-cash contribution of the member of economic society is made under the agreement between founders (participants) of society and in cases, stipulated by the legislation, is subject to examination of reliability of such assessment.

Article 64. Rights and obligations of participants of economic partnership or society

1. Participants of economic partnership or society have the right:

1) to participate in administration of partnership or society, except as specified, stipulated in Item 2 Articles 83 of this Code and legal acts;

2) to obtain information on activities of partnership or society and to get acquainted with its documentation in the amount and procedure established by constituent documents;

3) to take part in profit distribution;

To receive 4) in case of liquidation of partnership or society part of the property which remained after settlings with creditors or its cost.

Participants of economic partnership or society can have and other rights, stipulated by the legislation about economic partnerships and societies, constituent documents of partnership or society.

2. In case of exit and exception of the participant of economic partnership or society of the list of participants, except the member of joint-stock company, the cost of part of net assets of economic partnership or society corresponding to share of this participant in authorized fund is paid to it if other is not provided by constituent documents, and also the part of profit falling to its share, received by economic partnership or society from the moment of disposal of this participant until calculation. Under the agreement of the disposed participant with the remained participants of economic partnership or society payment of net assets value to it can be replaced with issue of property in nature.

The part of net assets of economic partnership or society or its cost which is due to the leaving (excludable) participant are determined by the balance sheet (the book of accounting of the income and expenses of the organizations and individual entrepreneurs applying simplified taxation system) constituted at the time of its disposal, and the part of profit which is due to it – at the time of calculation.

Payment of cost of share or issue of other property to the leaving (excludable) participant is made upon termination of financial year and after approval of the annual report in which it left or is excluded from economic partnership or society, till 12 months from the date of filing of application about exit or decision making about exception if other is not provided in constituent documents.

3. Participants of economic partnership or society shall:

1) to make contributions according to the procedure, the sizes, methods and in the terms provided by legal acts and constituent documents;

2) not to disclose the confidential information on activities of partnership or society received in connection with participation in economic partnership or society;

3) to carry out other obligations assigned to them by legal acts.

Participants of economic partnership or society can perform also other duties provided by its constituent documents.

Article 65. Transformation of economic partnerships and societies

1. Economic partnerships and societies of one form or one type can be transformed to economic societies of other form or other type or to economic partnerships, production cooperatives or the unitary enterprises for the decision of general meeting of participants in the cases and procedure established by legal acts, except for economic societies, consisting of one participant which can be transformed to economic societies of other form or other type or to the unitary enterprises.

2. When transforming partnership to society each complete companion who became the member (shareholder) of society within two years bears subsidiary responsibility all the property according to the obligations which passed to society from partnership. Alienation by the former companion of the shares (shares) belonging to it does not exempt it from such liability. The rules stated in this Item respectively are applied when transforming partnership to production cooperative and the unitary enterprise.

2. Complete partnership

Article 66. Basic provisions about complete partnership

1. The partnership which participants (complete companions) according to the agreement signed between them are engaged in business activity on behalf of partnership is recognized complete and solidary with each other bear subsidiary responsibility the property according to obligations of partnership.

2. Person can be the participant only of one complete partnership.

3. The trade name of complete partnership shall contain names (names) of all his participants, and also the words "complete partnership" or name (name) of one or several participants with addition of the words "and company" and "complete partnership". (In edition of the Law of the Republic of Belarus of July 14, 2000 - the National register of legal acts of the Republic of Belarus, 2000, No. 69, 2/190.)

Article 67. Foundation agreement of complete partnership

1. The complete partnership is created and acts on the basis of the foundation agreement. The foundation agreement is signed by all his participants.

2. The foundation agreement of complete partnership shall contain in addition to the data specified in Item 2 of article 48 of this Code, condition on the size and structure of authorized fund of partnership; about the size and procedure for change of shares of each of participants in authorized fund; about the size, structure, terms and procedure for introduction of deposits by them; about responsibility of participants for violation of obligations on introduction of deposits.

Article 68. Management in complete partnership

1. Control of activities of complete partnership is exercised on consensus of all participants. Cases when the decision is made by a majority vote participants can be provided by the foundation agreement of partnership.

2. Each participant of complete partnership has one voice if the foundation agreement does not provide other procedure for determination of number of votes of his participants.

3. Each participant of partnership irrespective of whether he is authorized to run common causes, has the right to get acquainted with all documentation on business management of partnership personally. The refusal of this right or its restriction, including on the agreement of participants of partnership, are insignificant.

Article 69. Business management of complete partnership

1. Each participant of complete partnership has the right to act on behalf of partnership if by the foundation agreement it is not determined that all his participants run business jointly or business management is entrusted to certain participants.

In case of joint business management of partnership by his participants making of each transaction requires the consent of all participants of partnership.

If business management of partnership is entrusted by his participants to one or several of them, other participants for transactions on behalf of partnership shall have the power of attorney from the participant (participants) to whom business management of partnership is assigned.

In the relation with the third parties the partnership has no right to refer to the provisions of the foundation agreement limiting powers of participants of partnership, except as specified, when the partnership proves that the third party at the time of transaction knew or obviously owed know about absence at the participant of partnership of the right to act on behalf of partnership.

2. The powers of procuration of partnership conferred to one or several participants can be stopped by court upon the demand of one or several other participants of partnership in the presence to that serious reasons, in particular owing to gross violation by the authorized person (persons) of the obligations or its found inability to reasonable business management. Based on the judgment necessary changes are made to the foundation agreement of partnership.

Article 70. Obligations of the participant of complete partnership

1. The participant of complete partnership shall participate in its activities in accordance with the terms of the foundation agreement.

2. It is excluded

3. The participant of complete partnership of other participants having no right without consent to make on its own behalf in the interests or for the benefit of the third parties of the transaction, uniform with those which constitute object of activity of partnership.

In case of violation of this rule the partnership has the right to demand at the choice from such participant of compensation of the losses caused to partnership or transfer to partnership of all benefit acquired according to such transactions.

Article 71. Profit distribution and losses of complete partnership

1. The profit and losses of complete partnership are distributed between his participants in proportion to their shares in authorized fund if other is not provided by the foundation agreement or other agreement of participants. The agreement on elimination any of participants of partnership from participation in profit or losses is not allowed.

2. If owing to the losses suffered by partnership the cost of its net assets determined according to the procedure, established by the legislation, becomes less than the size of its authorized fund, the profit got by partnership is not shared between participants until net assets value does not exceed the size of authorized fund.

Article 72. Responsibility of participants of complete partnership according to its obligations

1. Participants of complete partnership solidary among themselves bear subsidiary responsibility the property according to obligations of partnership.

2. The participant of complete partnership who is not his founder answers on an equal basis with other participants and according to the obligations which arose to its introduction in partnership.

3. The participant who was disposed from partnership answers for the obligations partnership which arose until its disposal on an equal basis with the remained participants within two years from the date of approval of the activities report of partnership in year in which it was disposed from partnership.

4. The agreement of participants of partnership on restriction or elimination of the responsibility provided by this Article is insignificant.

Article 73. Change of list of participants of complete partnership

1. Change of list of participants of complete partnership does not involve liquidation of complete partnership if other is not established by the foundation agreement of complete partnership.

2. Change of list of participants of complete partnership can be performed owing to:

1) exit of the participant;

2) exceptions of the participant;

3) concessions of share of the participant to the other person;

4) acceptances of the new participant;

5) recognitions of the participant by the bankrupt;

6) the death of the participant, the announcement his dead or its recognitions it is unknown absent, incapacitated or it is limited capable, and also liquidations of the participant - the legal entity.

3. If one of participants was disposed from complete partnership, share of the remained participants in authorized fund of complete partnership change in proportion to the sizes of their deposits to authorized capital if other is not provided by the foundation agreement or other agreement of participants.

Article 74. Exit of the participant from complete partnership

1. The participant of the complete partnership created sine die has the right to leave it, having declared it in the time established by the foundation agreement, but at least in six months.

The early refusal of participation in the complete partnership founded for certain term is allowed in the cases specified in the foundation agreement, and in the absence of such specifying - only on reasonable excuse. In the presence of dispute the question of exit is resolved judicially.

2. The agreement between participants of complete partnership on disclaimer from complete partnership to leave insignificant.

Article 75. Exception of the participant of complete partnership

1. In case of non-execution or improper execution by the participant of complete partnership of the obligations participants of complete partnership have the right to require judicially exception of such participant of complete partnership.

2. The exception of the participant of complete partnership occurs also in case of the address of collection on all share of the participant of complete partnership. In this case the judgment on exception is not required.

Article 76. Concession of share of the participant of complete partnership to the other person

1. The participant of complete partnership has the right to give the share in authorized fund or its part to other participant of complete partnership or the third party with the consent of his other participants.

At the same time other participants of complete partnership according to the procedure, determined by the foundation agreement, have the right of preferential purchase of share (its part) in comparison with other persons.

2. By transfer of share (part of share) to the other person pass to it completely (or in the corresponding part) the obligations belonging to the participant who gave share (part of share).

Transfer of all share to the other person by the participant of partnership stops its participation in partnership.

Article 77. Acceptance of the new participant of complete partnership

Person has the right to become the participant of complete partnership on condition of the consent to it of other participants of complete partnership and contributing to authorized capital of complete partnership according to the foundation agreement of complete partnership.

Article 78. Change of structure of complete partnership owing to the death of the participant, the announcement by his dead, recognitions is unknown absent, incapacitated or is limited capable, and also liquidations of the participant - the legal entity

1. In case of the death of the participant of complete partnership or the announcement his dead his heir has the right (but shall not) to enter complete partnership with the consent of other participants.

Settlings with the heir who did not enter complete partnership are made according to Item 2 of Article 64 of this Code.

2. In case of liquidation of the legal entity - the participant of complete partnership, recognition of the participant it is unknown absent, incapacitated or it is limited capable its share in complete partnership is allocated according to Item 2 of Article 64 of this Code.

Article 79. The address of collection on share of the participant in complete partnership

The address of collection on share of the participant in complete partnership on own debts of the participant is allowed only in case of lack of other its property for covering of debts. Creditors of such participant have the right to demand from complete partnership of apportionment of part of property of complete partnership, respective share of the debtor in authorized fund, for the purpose of the address of collection on this property.

The part of property of complete partnership which is subject to apportionment or its cost is determined by the balance sheet (the book of accounting of the income and expenses of the organizations and individual entrepreneurs applying simplified taxation system) constituted at the time of presentation by creditors of the requirement about apportionment.

Article 80. Liquidation of complete partnership

The complete partnership is liquidated on the bases specified in article 57 of this Code and also in case in partnership there is the single participant. The last has the right within three months from the date of when he became the single participant of partnership, to transform such partnership to the unitary enterprise according to the procedure, established by the legislation.

3. Partnership in commendam

Article 81. Basic provisions about partnership in commendam

1. Partnership in commendam the partnership in which along with the participants performing business activity on behalf of partnership and answering for obligations partnership all the property (complete companions) there are one or several participants (investors, kommandit) who bear risk of the losses connected with activities of partnership, within the amounts of the contributions made by them is recognized and do not take part in implementation by partnership of business activity.

2. The provision of the complete companions participating in partnership in commendam, and their responsibility is determined by obligations of partnership by the legislation on participants of complete partnership.

3. Person can be the complete companion only in one partnership in commendam.

The participant of complete partnership cannot be the complete companion in partnership in commendam.

The complete companion in partnership in commendam cannot be the participant of complete partnership.

4. The trade name of partnership in commendam shall contain or names (names) of all complete companions and the word "partnership in commendam", or name (name) at least than one complete the companion with addition of the words "and company" and "partnership in commendam". If the trade name of partnership in commendam includes from its consent name of the investor, such investor becomes the complete companion.

5. Rules of this Code about complete partnership as it does not contradict the legislation on partnership in commendam are applied to partnership in commendam.

Article 82. Foundation agreement of partnership in commendam

1. The partnership in commendam is created and acts on the basis of the foundation agreement. The foundation agreement is signed by all complete companions.

2. The foundation agreement of partnership in commendam shall contain in addition to the data specified in Item 2 of article 48 of this Code, condition on the size and structure of authorized fund of partnership; about the size and procedure for change of shares of each of complete companions in authorized fund; about the size, structure, terms and procedure for introduction by them of deposits, their responsibility for violation of obligations on introduction of deposits; about the cumulative size of the contributions made by investors.

Article 83. Management in partnership in commendam and conducting its cases

1. Control of activities of partnership in commendam is exercised of complete companions. The procedure for management and business management of such partnership by his complete companions is established by them according to the legislation on complete partnership.

2. Investors have no right to participate in administration of partnership in commendam. They can act from his name precisely by proxy. They have no right to challenge actions of complete companions for management and business management of partnership.

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