DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

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:

Regulations on state registration of subjects of managing;

Regulations on liquidation (activities termination) of subjects of managing.

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;

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* 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;

2.3. legal entities, individual entrepreneurs for opening of the current (settlement) bank accounts represent to bank, the non-bank credit and financial organization:

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.

2.6. the registering body has the right on:

implementation of activities for technical and (or) cryptographic information security regarding the certificate of form of external submission of the electronic paper document represented to registering body or registering body, according to the procedure, determined by the legislation;

obtaining, processing and storage of personal data of physical persons, including individual entrepreneurs, without their written consent, and also on implementation of the subsequent transfer of these data to state bodies and other organizations, including banks and non-bank credit and financial organizations, according to the procedure, established by the legislation, in connection with accomplishment of the functions and tasks assigned to registering bodies by this Decree;

2.7. regional executive committees and the Minsk Gorispolkom have the right to authorize the structural divisions on decision making about liquidation of legal entities, the termination of activities of individual entrepreneurs and entering of record into the Single state register of legal entities and individual entrepreneurs about exception of subjects of managing of it;

2.8. when rendering by auditing organizations, the auditors performing activities as the individual entrepreneur, services in independent assessment of activities of legal entities (individual entrepreneurs) in case of their liquidation (the activities termination) according to part one of subitem 3.1 of Item 3 of the Regulations on liquidation (the activities termination) of subjects of the managing approved by this Decree based on the agreement of rendering auditor services correctness of calculation, timeliness and completeness of tax payment, charges (duties), other obligatory payments in the budget, including in the state trust budget funds, control of correctness of calculation by which timeliness and completeness of payment it is assigned to tax authorities, availability (absence) at the legal entity (individual entrepreneur) of not stopped obligations to customs authorities shall be checked, fulfillment of duties on compulsory insurance from labor accidents and occupational diseases, and also established fact of involvement of physical persons by the individual entrepreneur according to employment and (or) civil contracts.

Requirements to rendering the services specified in part one of this subitem and procedure for their rendering are established by Council of Ministers of the Republic of Belarus.

3. Liquidation (the activities termination) of subjects of managing, the decision on liquidation (the activities termination) of which it is accepted before entry into force of this Decree, it is performed according to the procedure, acting before entry into force of this Decree.

4. Subjects of managing, the decision on liquidation (the activities termination) of which it is accepted till January 1, 2011, not having outstanding debt to the budget, on payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus, on compulsory insurance from labor accidents and occupational diseases, not stopped obligations to customs authorities on which liquidation process (the activities termination) cannot be complete on absence reason or impossibility of reclamation of seal (stamp), the certificate on state registration, failure to deliver on document storage, including on staff, are excluded by registering body from the Single state register of legal entities and individual entrepreneurs.

The legal entities created by state bodies, who did not bring till July 1, 2002 the constituent documents into compliance with the legislation concerning whom there are unexecuted court decrees of economic courts about completion of liquidating production or are made the decisions of state body on liquidation which do not have outstanding debt to the budget on payments in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus, on compulsory insurance from labor accidents and occupational diseases, not stopped obligations to customs authorities, are excluded by registering body from the Single state register of legal entities and individual entrepreneurs. The basis for adoption by registering body of the decision on entering of record into the Single state register of legal entities and individual entrepreneurs about exception of it of the legal entity is the written offer of state body on exception of the legal entity of the Single state register of legal entities and individual entrepreneurs sent to registering body.

5. To Council of Ministers of the Republic of Belarus and National Bank in three-months time:

provide reduction of acts of the legislation in compliance with this Decree;

take other measures directed to realization of provisions of this Decree.

6. Recognize invalid:

The decree of the President of the Republic of Belarus of March 16, 1999 No. 11 "About streamlining of state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 1999, No. 23, 1/191);

The decree of the President of the Republic of Belarus of November 16, 2000 No. 22 "About modification and amendments in the Decree of the President of the Republic of Belarus of March 16, 1999 No. 11 and some questions of state registration of separate legal entities" (The national register of legal acts of the Republic of Belarus, 2000, No. 109, 1/1779);

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