of January 16, 2009 No. 1
About state registration and liquidation (the activities termination) of subjects of managing
For the purpose of enhancement of procedure for state registration and liquidation (the activities termination) of commercial and non-profit organizations, individual entrepreneurs and according to part three of article 101 of the Constitution of the Republic of Belarus I decide:
1. Approve enclosed:
2. Determine that:
2.1. state registration of subjects of managing * is performed based on the declarative principle ** in day of submission of documents, necessary for its carrying out;
* Subjects of managing for the purposes of this Decree are understood as the legal entities and physical persons listed in subitems 1.1 and 1.2 of Item 1 of the Regulations on state registration of subjects of the managing approved by this Decree.
** The declarative principle of state registration of subjects of managing does not extend to state registration of banks, non-bank credit and financial organizations.
2.2. control of carrying out by registering bodies state registration and liquidation (the activities termination) of subjects of managing is assigned to the Ministry of Justice.
The representations brought by the Ministry of Justice by results of checks in registering bodies are obligatory for execution by these bodies which from the date of their obtaining shall inform in a month on elimination of the allowed violations. In case of failure to carry out of the brought representations the Ministry of Justice has the right to direct to authorized state body (authorized officer) idea of involvement of perpetrators to disciplinary responsibility;
the statement on opening of the current (settlement) bank account;
the copy (without notarial attestation) the charter (the foundation agreement – for the commercial organization acting only under the foundation agreement) having the stamp testimonial of carrying out state registration – for the legal entity;
the copy (without notarial attestation) certificates on state registration – for the individual entrepreneur.
Other documents for opening of the current (settlement) bank accounts by legal entities, individual entrepreneurs in bank, the non-bank credit and financial organization are not represented.
The owner of property, founders of the legal entity, the citizen who addressed for state registration as the individual entrepreneur when passing the procedure of state registration has the right to initiate in the statement for state registration the direction by registering body in bank, the non-bank credit and financial organization of the information necessary for opening of the current (settlement) bank account containing in the documents specified in part one of this subitem. Such information goes registering body to bank, the non-bank credit and financial organization in the form of the electronic document. At the same time the documents specified in part one of this subitem, legal entities, individual entrepreneurs in bank the non-bank credit and financial organization for opening of the current (settlement) bank account are not represented.
The bank, the non-bank credit and financial organization perform witnessing of authenticity of signatures of the officials of the legal entity, individual entrepreneur included in card with specimen signatures, stipulated by the legislation for confirmation of powers on carrying out calculations with the money which is on the current (settlement) business bank accounts, individual entrepreneurs;
2.4. banks, the non-bank credit and financial organizations within one working day from the date of opening current (settlement) and other bank accounts the created (reorganized) commercial and non-profit organizations, individual entrepreneurs shall direct:
message on opening current (settlement) and other bank accounts to the relevant tax authority;
message on opening of the current (settlement) bank account to relevant organ of Social Security Fund of the population of the Ministry of Labour and Social Protection;
2.5. owners of property (the founder, the participant), the head of the non-profit organization created (created) in the form of organization or association (union) in case of the circumstances attracting violation of the requirements containing in paragraph three of part one of Item 19 of the Regulations on state registration of subjects of the managing approved by this Decree shall provide in two-month time taking measures, the provided in paragraph four of part one of subitem 3.3 of Item 3 of the Regulations on liquidation (the activities termination) of subjects of the managing approved by this Decree.
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