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The document ceased to be valid since  February 19, 2019 according to the Resolution of the Ministry of Finance of the Republic of Belarus of April 28, 2018 No. 30

RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of November 22, 2006 No. 143

On regulation of depository activity

(as amended on 20-06-2013)

Based on the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market", No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus" the Ministry of Finance of the Republic of Belarus DECIDES: resolutions of Council of Ministers of the Republic of Belarus of October 31, 2001

1. Approve enclosed:

The instruction about procedure of depository activity;

The instruction about procedure for carrying out depository operations in the central depositary.

2. To the republican unitary enterprise "Republican Central Securities Depository" based on information obtained from National Bank of the Republic of Belarus according to Item 2 of the resolution of Board of National Bank of the Republic of Belarus and the Ministry of Finance of the Republic of Belarus of July 12, 2006 No. 97/80 "About recognition of the voided resolution of Board of National Bank of the Republic of Belarus and Committee on securities under Council of Ministers of the Republic of Belarus of February 27, 2004 No. 28/06/P" (The national register of legal acts of the Republic of Belarus, 2006, No. 123, 8/14749), prior to the beginning of the operational day following behind day of entry into force of this resolution to perform transfer of the securities emitted by the Ministry of Finance of the Republic of Belarus, and the securities emitted by National Bank of the Republic of Belarus into the account of "depot" of the storage location and correspondent accounts of "depot" of LORO of the depositaries performing accounting of the rights to the specified securities.

3. It is excluded

4. This resolution becomes effective from the date of entry into force of subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 1/7529).

Minister

N.P.Korbut

 

Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of November 22, 2006 No. 143

The instruction about procedure of depository activity

Chapter 1. Basic provisions

1. The instruction about procedure of depository activity (further - the Instruction) is developed based on the Law of the Republic of Belarus of July 9, 1999 "About depository activity and Central Securities Depository in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 1999, No. 56, 2/61), the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market" (The national register of legal acts of the Republic of Belarus, 2006, No. 71, 1/7529).

This Instruction establishes requirements for the organization and implementation of depository activity, general for all depositaries, governs the relations between depositaries, the republican unitary enterprise "Republican Central Securities Depository" (further - the central depositary), their depositors and issuers of securities, and also determines features of depositary accounting of the rights to issued securities - shares and bonds (further - securities).

2. For the purposes of this Instruction the following main terms and their determinations are used:

the questionnaire of issue of securities - set of the data on issue of securities allowing to identify securities of this release;

the questionnaire of the depositor - set of information about person addressed to whom the account of the "depot" allowing to identify this person is opened;

balance of "depot" - the report of depositary on condition of balance sheet accounts for certain date;

blocking of securities - transfer of securities on the separate Section of the account of "depot" made by depositary for the purpose of prevention of write-off of these securities from this account of "depot" without good causes, stipulated by the legislation the Republic of Belarus;

issue of securities - set of securities of one issuer having identical state registration number;

depositary - the legal entity having special permission (license) for implementation of professional and exchange activity on securities (in the presence of the constituting works and uslugdepozitarny activities) and established correspondence relations with the central depositary;

depositary of the issuer - depositary - the resident of the Republic of Belarus which signed the contract for depositary servicing of the issuer with the issuer;

depositary accounting of the rights to securities (further - depositary accounting) - continuous and continuous fixing of information on securities, owners of securities, the rights to securities and encumbrances (restrictions) of these rights, assignment of rights to securities by method of double record in quantitative expression on accounts of "depot";

the depositor - physical person or legal entity addressed to which in depositary the account of "depot" for fixing of information on the number of securities, rights to which this person has, is opened;

record on the account of "depot" - the minimum unit of depositary accounting representing information on the number of securities of one release fixed by means of program technical means concerning which their owner has identical amount of the rights;

the initiator of the translation of securities - person which signed the order of "depot" on the translation of securities or person who submitted the documents necessary for implementation of the translation of securities to depositary in the cases which are not requiring execution of the order of "depot";

accumulation account of "depot" - the account of "depot" opened in depositary of the issuer without the conclusion of the depositary contract between depositary of the issuer and person addressed to whom this account of "depot" is opened;

operational day - period within one working day of depositary during which the depositary performs depository operations;

the operator of the account "depot" - the professional participant of the security market performing broker activities or clearing activities, not being the depositor on this account of "depot", but having the right based on the contract of the order with the depositor or based on the legislation of the Republic of Belarus to sign and deliver in depositary messages of "depot" on accomplishment of depository operations on the account of "depot" or the Section of the account of "depot";

source documents - documents which submission to depositary (which availability at depositary) is the compulsory provision of implementation of depository operation;

the chart of accounts of synthetic depositary accounting (further - the chart of accounts) - the systematized list of balance sheet accounts containing their description and appointment;

the order of "depot" - the document submitted to the depositary (which is drawn up by depositary) according to requirements of this Instruction for implementation of the translation of securities;

the Section of the account of "depot" - the united general sign expressed in the name of the Section of the account of "depot" and the description of its appointment, set of records on the account of "depot" which special procedure and conditions of change are established by this Instruction and (or) the regulations of depositary;

authorized depositary - the depositary having the right to perform functions on accounting of the rights to the government securities emitted by the Ministry of Finance of the Republic of Belarus (daleeministerstvo of finance) on behalf of Council of Ministers of the Republic of Belarus (further - government securities), and the securities emitted by National Bank of the Republic of Belarus and also other functions determined by the legislation of the Republic of Belarus. The status of authorized depositary is given to depositaries according to the procedure, determined by the legislation of the Republic of Belarus.

Chapter 2. General requirements to the organization of depositary accounting

3. The depositary shall:

develop and approve the regulations of depositary determining procedure and conditions of implementation of depository activity by this depositary, rates for the services rendered by depositary, to approve the working schedule of depositary (holding time of clients);

submit the documents specified in the paragraph the second this Item to Department on securities of the Ministry of Finance of the Republic of Belarus (further - Department on securities), and also all changes and amendments in the specified documents no later than ten working days from the date of their approval (modification).

4. Duration of operational day of depositary is established by the head of depositary.

Operational day of depositary cannot begin later and come to an end earlier operational day of the central depositary.

5. The depositary shall have available the corresponding program technical means allowing to provide fulfillment of requirements of this Instruction and legislation of the Republic of Belarus to the organization and conducting depositary accounting.

The program technical means used by depositary shall provide selection of accounting registers of depositary of information on all depository operations for certain period of time on each account of "depot" and its conclusion to papers.

Measures for protection of electronic databases, accounting registers of depositary against loss (destruction), unauthorized access and introduction of unauthorized changes shall be provided in depositaries, and also their backup in electronic form on completion of each operational day is provided.

6. The depositary shall be connected to the system of telecommunications providing depositary electronic document management.

7. In depositary internal control behind correctness of conducting depositary accounting shall be provided.

Procedures of internal control behind correctness of conducting depositary accounting are developed by depositary independently and shall join in job descriptions of staff of depositary.

8. The depositary shall acquaint the legal entities or physical persons which addressed it with contents of the regulations, rates for services, the working schedule and duration of operational day of depositary, to explain to the depositor procedure for execution of orders of "depot" and other documents for implementation of depository operations.

The depositary has no right to refuse to legal entities and physical persons rendering services according to the procedure and on the conditions determined in the documents specified in the paragraph the second Item 3 of this Instruction, except as specified, specified in part three of this Item.

The depositary shall refuse to legal or physical person rendering services if their rendering will entail violation of the law about securities.

Chapter 3. General principles of depositary accounting

9. Depositaries establish correspondence relations only with the central depositary, and also with nonresident depositaries according to the procedure, established by the legislation of the Republic of Belarus.

10. Centralized storage of securities and accounting of the rights to securities are performed by open method - without specifying of series and security numbers.

11. Depositary accounting includes two interconnected components: analytical and synthetic depositary accounting.

For implementation of analytical depositary accounting in depositaries and the central depositary the accounts of "depot" subdivided depending on their appointment on are opened:

accounts of "depot" of storage locations;

accounts of "depot" of legal entities or physical persons;

accounts of "depot" "Unidentified owner";

clearing accounts of "depot".

For implementation of synthetic depositary accounting balance sheet accounts by means of which the rights to securities and encumbrances (restriction) of these rights are fixed are used. Conducting synthetic depositary accounting is performed according to the chart of accounts according to appendix 1 to this Instruction.

12. The central depositary opens the account of "depot" of the storage location on which information on total quantity of the securities which are on centralized storage and the accounts of "depot" to depositaries which are referred to as with correspondent accounts of "depot" of LORO on which information on the number of securities, accounting of the rights to which is performed by these depositaries, is fixed is fixed.

The depositary which established correspondence relations with the central depositary opens at itself the account of "depot" of the storage location which is referred to as with correspondent account of "depot" of NOSTRO on which information on the number of securities identical to information fixed on the correspondent account of "depot" of LORO opened addressed to this depositary in the central depositary shall be fixed.

In depositaries and the central depositary accounts of "depot" are opened for legal entities or physical persons for fixing of information on the number of securities, rights to which these persons have.

Accounts of "depot" "Unidentified owner" are opened in the central depositary and depositaries in the cases determined by this Instruction and the legislation of the Republic of Belarus for the purposes of fixing of information on the number of securities which owner is not established because of loss (destruction) or unauthorized change of records on accounts of "depot" or cannot be unambiguously identified because of discrepancy or lack of the information about him containing in accounting registers and also for the purposes of the translation of securities when carrying out replacement of depositary of the issuer.

Clearing accounts of "depot" are used for the purposes of fixing of assignment of rights on securities when implementing transactions with these securities through Belarusian Currency and Stock Exchange open joint stock company (further - stock exchange).

13. Within the account of "depot" Sections accounts of "depot" are opened. The procedure for opening of Sections of accounts of "depot" is determined by regulations of depositary.

When opening number, unique within the account of "depot", is appropriated to the Section of the account of "depot". Numbers of Sections on which securities are blocked for the biddings on the stock exchange and on which the stock exchange performs unblocking of securities are established by the central depositary. Assignment of numbers to other Sections is performed by depositaries independently. Reuse of number of the Section of the account of "depot" after its closing is allowed.

14. Fixing of information on the number of securities of certain release on correspondent account of "depot" of NOSTRO is performed by depositary only after fixing by the central depositary of information on the same number of securities of the same release on the correspondent account of "depot" of LORO opened addressed to this depositary.

15. Fixing of information on the number of securities on accounts of "depot" is performed by transfer of securities into these accounts of "depot" and (or) write-off of securities from these accounts of "depot".

16. Fixing of the rights to securities and encumbrances (restrictions) of these rights is performed by transfer of securities on appropriate sections of the account of "depot" and simultaneous reflection of these securities on the corresponding balance sheet accounts.

17. The number of the securities reflected in balance sheet accounts is determined proceeding from the number of the securities enlisted into accounts of "depot" and shall be equal to it.

The total quantity of securities on each used balance sheet account is specified in balance of "depot" total amount without breakdown on persons addressed to whom accounts of "depot" are opened.

18. Information on each security shall be fixed in analytical and synthetic depositary accounting by method of double record: at the same time on the passive and active account.

For the purpose of realization of method of double record of the account of "depot" of legal entities or physical persons, accounts of "depot" "Unidentified owner", clearing accounts of "depot" and correspondent accounts of "depot" of LORO belong to passive accounts, the account of "depot" of the storage location opened in the central depositary and correspondent accounts of "depot" of NOSTRO - to active.

Balance sheet accounts are subdivided on passive and active according to the chart of accounts.

19. Transfer of securities on active accounts of "depot" is performed on the debit of these accounts.

Transfer of securities on passive accounts of "depot" is performed on the credit of these accounts.

Write-off of securities from active accounts of "depot" is performed on the credit of these accounts.

Write-off of securities from passive accounts of "depot" is performed on the debit of these accounts.

Reflection of securities on active and passive balance sheet accounts is performed according to the chart of accounts.

20. Fixing of transfer of securities is performed by write-off of these securities from the account of "depot" opened addressed to one person, and their transfer into other account of "depot" opened addressed to other person.

Securities are considered transferred to other person from the moment of transfer of these securities on the account of "depot" opened addressed to this person.

21. The number of securities in depositary accounting is specified in pieces by issues of securities.

22. In each timepoint the total quantity of the securities of each release enlisted on the active account of "depot" shall be to equally total quantity of the securities of the same release enlisted on passive accounts of "depot".

In each timepoint the total quantity of the securities of each release reflected in active balance sheet accounts shall be to equally total quantity of the securities of the same release reflected in passive balance sheet accounts.

23. Depository operations depending on results of actions are subdivided on:

administrative - depository operations as a result of which implementation accounts of "depot" are opened and closed information on securities or owners of securities containing in accounting registers of depositary changes;

information - depository operations as a result of which implementation statements about condition of accounts of "depot", the registers of owners of securities, balances of "depot", turnover sheets and other documents containing information from accounting registers of depositary are created;

accounting - depository operations as a result of which implementation the number of securities on accounts of "depot" and (or) on Sections of accounts of "depot" changes.

24. Depository operations shall be performed only in the presence at depositary of the relevant source documents provided by this Instruction and (or) other acts of the legislation of the Republic of Belarus.

25. Treat the source documents which are the basis for implementation of depository operations:

order of "depot";

the documents confirming the transaction fact except transactions cases on the stock exchange;

the global certificate of issue of securities (only for the central depositary);

documents of the central depositary and depositaries in cases, stipulated by the legislation the Republic of Belarus;

in case of transition of the rights to securities not as a result of civil transactions - the documents confirming transition of these rights according to the legislation of the Republic of Belarus;

other documents provided by this Instruction and the legislation of the Republic of Belarus.

The documents submitted to depositary for implementation of depository operations, issued, constituted outside the Republic of Belarus according to the legislation of foreign states if other is not provided by international treaties of the Republic of Belarus, shall be legalized in diplomatic representations or consular establishments of the Republic of Belarus and are translated into the Russian (Belarusian) language (fidelity of the translation or authenticity of the signature of the translator shall be certified notarially by either diplomatic or consular establishments of the Republic of Belarus).

26. In case of compliance of the list and contents of the documents submitted to depositary to requirements of this Instruction and the legislation of the Republic of Belarus the depositary shall perform depository operation no later than the operational day following behind day of submission of documents to depositary if the depositary agreement or this Instruction does not establish other term of implementation of such transaction.

27. In case of refusal from implementation of depository operation the depositary shall tell in writing no later than the working day following behind day of submission of documents for implementation of this transaction motivated cause of failure to person which provided them if the depositary agreement does not establish other procedure and term of such message.

28. The securities enlisted into the account of "depot" of the depositor shall correspond to one of the following conditions:

belong to the depositor on the property right or other corporeal right;

to be pledged to the depositor pawnbroker;

to be delivered in trust management to the deponentudoveritelny managing director of securities;

to be transferred on other bases to the depositor in cases, stipulated by the legislation the Republic of Belarus.

29. The property right or other rights to securities are confirmed by the bank statement of "depot".

30. For implementation of depository operations with participation of the central depositary by depositaries electronic documents (messages) are used (further - electronic depositary documents). Documents on papers are used only in cases of failures in electronic document management system. At the same time failure in electronic document management system is understood as loss by depositaries and (or) the central depositary of possibility of acceptance (transfer) or processing of electronic depositary documents owing to circumstances.

31. Electronic depositary documents are constituted according to the formats of messages of electronic document management of the security market established by the central depositary.

All electronic depositary documents are certified by the digital signature.

Chapter 4. Accounting registers of depositary

32. Accounting registers of depositary are intended for systematization and accumulating of information on securities, owners of securities, the rights to securities and encumbrances (restrictions) of these rights, assignment of rights to securities.

Maintaining and storage of accounting registers of depositary can be performed in electronic form and (or) on papers.

33. Information on all depository operations which were performed by depositary is fixed in accounting registers of depositary at the time of their implementation.

Information on depository operations shall be fixed in accounting registers in the chronological sequence, with use of serial numbering and specifying of date and time of implementation of depository operations.

34. The depositary shall keep the following accounting registers:

the magazine of registration of accounts "depot" - set of the accounts of "depot" opened and closed in depositary;

the operational magazine - the chronological list of all performed depository operations;

questionnaires of depositors and questionnaire of issues of securities.

In addition to the accounting registers called in part one of this Item, the depositary can keep other accounting registers.

35. Information on each depository operation fixed in the operational magazine shall contain:

name of transaction;

sequence number of transaction;

date and time of implementation of transaction;

the name, number and date of the source document (source documents) based on which depository operation is performed.

Information on each accounting depository operation fixed in the operational magazine in addition to the data specified in part one of this Item shall contain:

name and identification code of issue of securities;

number of the debited account of "depot";

number of the debited Section of the account of "depot";

number of the debited balance sheet account;

the number of securities with which accounting transaction is performed;

number of the credited account of "depot";

number of the credited Section of the account of "depot";

number of the credited balance sheet account.

Information on each administrative depository operation on opening and closing of accounts of "depot" fixed in the operational magazine in addition to the data specified in part one of this Item shall contain account number of "depot".

36. Accounting registers of depositary regarding information entered in them are stored by depositary before the expiration of storage durations of source documents based on which this information was entered in accounting registers.

Chapter 5. General requirements on opening (closing) of accounts of "depot"

37. Opening and closing of correspondent accounts of "depot" of LORO in the central depositary is performed according to the procedure, stipulated by the legislation the Republic of Belarus.

The correspondent account of "depot" of NOSTRO is opened and closed based on the order (order) of the head of depositary or person authorized by it.

Condition of opening (closing) of correspondent account of "depot" of NOSTRO in depositary is respectively preliminary opening (closing) in the central depositary of correspondent account of "depot" of LORO addressed to this depositary.

38. Accounts of "depot" addressed to legal entities or physical persons are opened also submissions to depositary of the documents determined by Chapter 6 of this Instruction, except as specified opening (closing) of accumulation accounts of "depot" (are closed) on condition of respectively conclusion (termination) by these persons of the depositary contract with depositary.

39. The account of "depot" addressed to depositary or branch (department) of depositary opened in the same depositary opens without the conclusion of the depositary agreement.

40. When opening the account of "depot" number, unique within system of accounts "depot" of depositary, is appropriated to it.

Repeated opening of the account of "depot" and use of numbers of closed accounts of "depot" is not allowed.

The account termination of "depot" until write-off of all securities from this account of "depot" is not allowed.

41. In case of account termination of "depot" information on him shall be saved in the magazine of registration of accounts "depot" at least five years.

42. In case of opening (closing) of the account of "depot" in connection with the conclusion (termination) of the depositary agreement the depositary issues upon the demand of the depositor addressed to which this account of "depot", the certificate on opening (closing) of the account of "depot" certified by the signature of the authorized employee of depositary and seal or stamp of depositary was opened.

43. The certificate on opening (closing) of the account of "depot" shall contain the following information:

name of depositary;

full name and the location or surname, own name, middle name (if that is available) and the residence (residence) of the depositor;

number of the opened (closed) account of "depot";

date of opening (closing) of the account of "depot".

44. When opening the account of "depot" addressed to physical person or legal entity by the depositary fills in the questionnaire of the depositor.

In the questionnaire of the depositor the following data are entered:

account number of "depot";

full name, the location, the accounting number of the payer (ANP) of the depositor - the legal entity or surname, own name, middle name (if that is available), the residence (residence) of the depositor - physical person;

the name of the identity document of physical person, and its details (series, number, the name of the body which issued the document, date of issue of the document);

identification number of physical person (if the identity document of physical person, contains such number):

bank details for payment of the income for securities and money in case of the securities redemption. In the questionnaire of the depositor - physical person bank details are specified in case of their availability.

In addition the questionnaire of the depositor may contain other data necessary for ensuring depositary accounting of the rights to securities.

45. In case of change of the data containing in the questionnaire of the depositor, except for changes of bank details for payment of the income for securities and the securities redemptions for modification of the questionnaire of depositary are represented:

the written application of the depositor or its representative in any form with indication of the changed data;

the copy of the document confirming the changes specified in the statement, certified by the head or person authorized by it (for legal entities);

the original or the copy of the document confirming the changes specified in the statement (for physical persons).

In case of representation by physical person of the original document confirming change of the data containing in the questionnaire of the depositor the authorized employee of depositary performs its copying, its personal signature, surname and initials, date does on the copy mark which enter the name of position of the authorized employee of depositary, and assures her seal (stamp) of depositary. The original document returns to the provided his face.

In case of change of the bank details specified in the questionnaire of the depositor for entering of corresponding changes into the questionnaire into depositary the written application of the depositor or its representative with indication of new bank details is submitted.

Documents for modification of the questionnaire of the depositor - physical person can be provided to depositary personally by the depositor (his representative) or are directed by mail.

Chapter 6. Opening (closing) of accounts of "depot"

46. For opening of the account of "depot" addressed to legal litsarezident of the Republic of Belarus in connection with the conclusion of the depositary contract with this person the following documents are submitted to depositary:

the written application on opening of the account of "depot" in form according to regulations of depositary;

the copy of the document on state registration of the legal entity certified by the signature of the head of the legal entity or person authorized by it and seal of this legal entity. The copy of the document on state registration is not submitted Administration of the President of the Republic of Belarus, Administration of the President of the Republic of Belarus and organizations subordinated to it, republican state bodies, National Bank, local executive and administrative organs;

the copy of the charter (provision) containing the stamp testimonial of carrying out state registration of the legal entity certified by the signature of the head of the legal entity or person authorized by him and seal of this legal entity. The copy of the charter (provision) is not submitted state bodies and the organizations, the charter (provision) of which belongs to regulatory legal acts of the Republic of Belarus;

the copy of special permission (license) for the right of implementation of professional and exchange activity on securities in case of implementation by the legal entity of the specified activities certified by the signature of the head of the legal entity or person authorized by it and seal of this legal entity.

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