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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of May 5, 2006 No. 296

About streamlining of use of financial resources of the state organizations and economic societies from shares of the state in authorized funds

(as amended on 30-06-2014)

For the purpose of streamlining of use of financial resources of the state organizations and economic societies from shares of the state in authorized funds I decide:

1. Approve the enclosed Regulations on procedure for provision as a loan of money by the state organizations and economic societies from shares of the state in authorized funds.

2. Determine what has no right to act as guarantors, guarantors of the third parties - legal entities of non-state pattern of ownership (including share (share) in authorized funds of which are in state-owned property) and physical persons (including individual entrepreneurs) on execution by these persons of the obligations on return of the loans granted by banks and the non-bank credit and financial organizations, except for the credits issued on construction of premises if other is not established by the President of the Republic of Belarus:

the state organizations which are under supervision (maintaining) of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus, National Bank, National academy of Sciences of Belarus, republican state bodies, local executive and administrative organs (except non-profit organizations on development and support of the small business entities created (created) by these bodies), and also being part of the state organizations subordinated to the Government of the Republic of Belarus;

economic societies (except banks and the non-bank credit and financial organizations) concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares) in authorized funds which are in management of state bodies and (or) legal entities of the state pattern of ownership, or other in a way which is not contradicting the legislation can determine the decisions made by these societies.

The restrictions set in part one of this Item do not extend to provision by the specified state organizations and economic societies of guarantees, guarantees to legal entities of non-state pattern of ownership on execution by these persons of the obligations on return of the loans granted by banks if:

in authorized fund of this legal entity over 50 percent of share (shares) are in management of the state organization or belongs to economic society which provide guarantee, the guarantee;

the specified legal entity - the member of holding which managing company is the state organization or economic society providing guarantee, the guarantee.

3. Ceased to be valid

4. Ceased to be valid

5. To Council of Ministers of the Republic of Belarus to take necessary measures for implementation of this Decree.

6. This Decree becomes effective in ten days from the date of its official publication.

 

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of May 5, 2006 No. 296

Regulations on procedure for provision as a loan money the state organizations and economic societies from shares of the state in authorized funds

1. In this Provision the procedure for provision as a loan of money, including microloans, by the state organizations and economic societies from shares of the state in authorized funds is regulated.

2. In this Provision the following basic concepts are applied:

"the state organization" - the organization which is under supervision (maintaining) of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, Administration of the President of the Republic of Belarus, National Bank, National academy of Sciences of Belarus, republican state bodies, local executive and administrative organs, and also being part of the state organizations subordinated to the Government of the Republic of Belarus (further - state bodies);

"economic society" - society concerning which the Republic of Belarus or administrative and territorial unit, having shares (shares) in authorized fund which are in management of state bodies and (or) legal entities of the state pattern of ownership, or other in a way which is not contradicting the legislation can determine the decisions made by this society;

"the money provided as a loan" - money, being at the command the state organizations and economic societies after tax payment, charges (duties) and other payments in republican and local budgets, including the state trust budget funds, in state non-budgetary funds, and also parts of profit according to the legislation (further - financial resources).

3. Action of this provision does not extend on provided in the procedure established by the legislation:

credits of banks, non-bank credit and financial organizations;

commercial loan;

loans, including microloans, to physical persons, except for provided in subitem 4.2 of item 4 of this provision;

loans, including microloans, to small business entities of non-profit organizations on development and support of the small business entities created (created) by local executive and administrative organs.

4. Financial resources are provided as a loan:

4.1. to legal entities - the state organizations and economic societies on:

development and expansion of production and its material and technical resources (including on creation, acquisition of fixed assets, implementation of new types of technologies, their upgrade and repair);

construction and content in proper condition objects of the social sphere (including sports constructions);

replenishment of own current assets (including on salary payment, payment of fuel and energy resources, acquisition of raw materials, the materials and accessories necessary for production process implementation), payment of payments in the budget, contributions to Social Security Fund of the population of the Ministry of Labour and Social Protection, repayment of the credits of banks and percent on them, budget advances and loans;

construction (reconstruction) or acquisition of premises to the workers who are these legal entities on the staffs and recognized in accordance with the established procedure needing improvement of housing conditions;

4.2. to the workers who are on the staffs of the state organizations, economic societies, recognized in accordance with the established procedure needing improvement of housing conditions, - these state organizations and economic societies for construction (reconstruction) or acquisition of premises;

4.2-1. to subsidiary companies of holdings as which managing companies the state unitary enterprises or economic societies from shares of the state in authorized fund of 50 and more percent act, – these managing companies on the purposes provided in subitem 4.1 of this Item;

4.3. on other purposes according to the decision of the President of the Republic of Belarus.

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