PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 15, 2007 No. 496

About enhancement of procedure for creation by individual entrepreneurs of the private unitary enterprises and their activities

For the purpose of improvement of conditions for creation by individual entrepreneurs of the private unitary enterprises and their activities:

1. Determine that:

1.1. the private unitary enterprises created according to Regulations on procedure for creation by the individual entrepreneur of the private unitary enterprise and its activities approved by the Presidential decree of the Republic of Belarus of June 28, 2007 No. 302 (The national register of legal acts of the Republic of Belarus, 2007, No. 159, 1/8700), (further - the unitary enterprises) within one year from the date of state registration perform cash transactions according to the procedure, established by the legislation for individual entrepreneurs;

1.2. goods which customs clearance when importing to customs area of the Republic of Belarus was not made according to the paragraph the second Item 3 of the Presidential decree of the Republic of Belarus of June 18, 2005 No. 285 "About some measures for regulation of business activity" (The national register of legal acts of the Republic of Belarus, 2005, No. 103, 1/6561) specified in the book of accounting of movement of goods before date of state registration of the unitary enterprise can be brought by the individual entrepreneur as the non-cash contribution to authorized capital created (created) it unitary enterprise or are assigned to this unitary enterprise on the right of economic maintaining without customs clearance of such goods and payment of customs duties (charges);

1.3. fixing with the individual entrepreneur to the unitary enterprise of property on the right of economic maintaining, including according to subitem 1.2 of this Item, is not rendering the free (sponsor's) aid;

1.4. availability at the individual entrepreneur of debt on payments in Social Security Fund of the population of the Ministry of Labour and Social Protection on which delay and payment by installments according to Item 3 of the Presidential decree of the Republic of Belarus of March 24, 2005 are granted to No. 148 "About urgent measures for support of entrepreneurship" (The national register of legal acts of the Republic of Belarus 2005, No. 52, 1/6336), (further - debt) is not the basis for refusal of registering body in state registration of the unitary enterprise.

The provision of part one of this subitem is not applied in case of failure to pay by the individual entrepreneur at the scheduled time of payments in repayment of the spread debt for date of its appeal to registering body.

The debt of the individual entrepreneur is repaid by the physical person - the owner of the unitary enterprise according to the procedure and on the conditions determined by the Presidential decree of the Republic of Belarus of March 24, 2005 No. 148;

1.5. individual entrepreneurs during creation of the unitary enterprises and the unitary enterprises when opening the settlement (current) bank account are exempted from payment of the state fee for the notarial certificate of copies of the charter;

1.6. employment contracts (contracts) with workers of the individual entrepreneur can be stopped on the circumstances provided by part two of Item 2 of the Presidential decree of the Republic of Belarus of June 18, 2005 No. 285 (restrictions for occupation with business activity as the individual entrepreneur), with dismissal wage payment in the amount of at least two-week average earnings. At the same time the individual entrepreneur at least in two weeks prior to dismissal of workers shall warn them about the forthcoming dismissal in writing.

2. Bring in the Regulations on procedure for creation by the individual entrepreneur of the private unitary enterprise and its activities approved by the Presidential decree of the Republic of Belarus of June 28, 2007 No. 302 (The national register of legal acts of the Republic of Belarus, 2007, No. 159, 1/8700), the following changes:

2.1. in Item 13:

in parts one and the second and "its state registration" to replace words of "state registration of the unitary enterprise" respectively with words of "issue of the certificate on state registration of the unitary enterprise" and "issues of such certificate";

in word part three of "state registration of the unitary enterprise" shall be replaced with words "issues of the certificate on state registration of the unitary enterprise";

2.2. in part one of Item 14 of the word of "state registration of the unitary enterprise" shall be replaced with words "issues of the certificate on state registration of the unitary enterprise".

3. To Council of Ministers of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom to take measures for accomplishment of this Decree.

4. This Decree becomes effective from the date of its official publication.

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