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DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of November 4, 2008 No. 22

About guarantees of safety of money of the physical persons placed on accounts and (or) in bank deposits (deposits)

For the purpose of ensuring safety of money of the physical persons placed on accounts and (or) in deposits (deposits) in banks of the Republic of Belarus and according to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that:

1.1. the state guarantees complete safety of money of physical persons in the Belarusian rubles and foreign currency placed on accounts and (or) in deposits (deposits) in banks of the Republic of Belarus and compensation of 100 percent of the amount of these means in account currency or contribution (deposit) in case of adoption by National Bank of the decision on response at bank of the special permission (license) for implementation of banking activity granting the right to implementation of banking activity on attraction of money of physical persons in bank deposits (deposits), in general or regarding implementation of such banking activity;

1.2. operation of this Decree does not extend to the money in Belarusian rubles and foreign currency placed on accounts and (or) in deposits (deposits) in banks of the Republic of Belarus by the physical persons acting as individual entrepreneurs;

1.3. compensation of money of physical persons in the Belarusian rubles and foreign currency placed on accounts and (or) in deposits (deposits) in banks of the Republic of Belarus is performed according to the procedure, stipulated by the legislation;

1.4. the money placed by physical persons into accounts and (or) in deposits (deposits) in banks of the Republic of Belarus, their issue and also transfer from accounts (deposits) in banks of other states to banks of the Republic of Belarus are not subject to declaring;

1.5. since 2010 80 percent of the profit of National Bank determined based on its annual balance sheet in the presence of the audit opinion confirming reliability of accounting (financial) records of National Bank annually go to reserve of public institution "Agency on the guaranteed compensation of bank deposits (deposits) of physical persons" (further - the Agency), and other part is used on increase (creation) authorized, reserve and other funds of National Bank;

1.6. the compulsory contributions listed by banks and the non-bank credit and financial organizations in reserve of the Agency according to the Law of the Republic of Belarus of July 8, 2008 "About the guaranteed compensation of bank deposits (deposits) of physical persons" (The national register of legal acts of the Republic of Belarus, 2008, No. 172, 2/1466), belong to costs of banks on the production and sales of products, goods (works, services) considered in case of the taxation of profit of banks;

1.7. the size of calendar fees in reserve of the Agency for open joint stock company "Belarusbank savings bank:

from January 1, 2009 to December 31, 2011 constitutes in the I quarter 2009 of 0,037 of percent from the amount placed by physical persons on accounts and (or) in deposits (deposits) of money on the first, following reporting quarter, and in each next quarter of the specified period increases by percent 0,022 from the size of the previous calendar fee;

since January 1, 2012 it is determined according to the Law of the Republic of Belarus "About the guaranteed compensation of bank deposits (deposits) of physical persons";

1.8. in case of state registration of the Agency the state fee is not collected;

1.9. The agency has the right to have seal, stamp and forms with the image of the State Emblem of the Republic of Belarus;

1.10. official publications for publication of the annual statement of the Agency and other information provided by the Law of the Republic of Belarus "About the guaranteed compensation of bank deposits (deposits) of physical persons" are the republican printing mass media determined by the President of the Republic of Belarus official publications for publication of regulatory legal acts of National Bank.

2. Recognize invalid:

The decree of the President of the Republic of Belarus of April 20, 1998 No. 4 "About guarantees of safety of means of the physical persons in foreign currency which are on accounts and in deposits (deposits) in banks of the Republic of Belarus" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 12, the Art. 310);

The decree of the President of the Republic of Belarus of February 11, 2003 No. 8 "About entering of amendments and changes into the Decree of the President of the Republic of Belarus of April 20, 1998 No. 4" (The national register of legal acts of the Republic of Belarus, 2003, No. 20, 1/4395);

The decree of the President of the Republic of Belarus of September 30, 2005 No. 13 "About modification of the Decree of the President of the Republic of Belarus of April 20, 1998 No. 4" (The national register of legal acts of the Republic of Belarus, 2005, No. 156, 1/6839).

3. To National Bank to bring money contribution in the amount of 100 billion rubles for forming of property of the Agency.

4. To Council of Ministers of the Republic of Belarus:

4.1. in 2008 in accordance with the established procedure to provide introduction from means of the republican budget of money contribution in the amount of 100 billion rubles for forming of property of the Agency;

4.2. by preparation of the project of regulatory legal act about refining of indicators of the republican budget for 2008 to consider the means specified in subitem 4.1 of this Item.

5. To provide to Council of Ministers of the Republic of Belarus and National Bank till January 1, 2009 reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

6. Before reduction of the legislation in compliance with this Decree acts of the legislation are applied in that part in which they do not contradict this Decree.

7. This Decree becomes effective from the date of its official publication, is temporary and according to part three of article 101 of the Constitution of the Republic of Belarus is submitted for consideration of National assembly of the Republic of Belarus.

 

President of the Republic of Belarus A. Lukashenko

 

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