RESOLUTION OF THE PLENUM OF SUPREME ECONOMIC COURT OF THE REPUBLIC OF BELARUS

of December 22, 2006 No. 18

About some questions of consideration by economic courts of cases on liquidation of legal entities and the termination of activities of individual entrepreneurs

Plenum of Supreme Economic Court of the Republic of Belarus for the purpose of ensuring the correct and uniform application by economic courts of the legislation by hearing of cases on liquidation of legal entities and the termination of activities of individual entrepreneurs, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, decides to make the following explanations.

1. Judicial protection of the rights and legitimate interests of persons participating in cases on liquidation of legal entities and the termination of activities of individual entrepreneurs is guaranteed by part one of article 60 of the Constitution of the Republic of Belarus.

2. Legal regulation of liquidation of legal entities and the termination of activities of individual entrepreneurs is provided, in particular, by the Civil code of the Republic of Belarus (further - group of companies), the 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" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418; 2010, No. 56, 1/11405; No. 212, 1/11914; 2011, No. 74, 1/12633; 2012, No. 61, 1/13529; The National legal Internet portal of the Republic of Belarus, 30.01.2013, 1/14032) (further - the Decree No. 1).

The decree of the President of the Republic of Belarus of January 24, 2013 No. 2 "About entering of amendments and changes into the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1" (The national legal Internet portal of the Republic of Belarus, 30.01.2013, 1/14032) (further - the Decree No. 2) which becomes effective since May 1, 2013 the Regulations on liquidation (the activities termination) of subjects of managing approved by the Decree No. 1 (further - Regulations on liquidation are reworded as follows).

According to part two of item 4 of the Decree No. 2 liquidation of legal entities (the termination of activities of individual entrepreneurs), the decision on liquidation (the activities termination) of which it is accepted before entry into force of the Decree No. 2, it is performed according to the procedure, acting before entry into force of the Decree No. 2.

In case of application of the Regulations on liquidation it is necessary to consider that it:

governs the relations connected with liquidation (the activities termination) of economic partnerships and societies, unitary enterprises, production cooperatives, including agricultural production cooperatives, national associations, peasant farms, associations (unions) - associations of commercial and (or) non-profit organizations, associations of the commercial organizations and (or) individual entrepreneurs, consumer cooperatives, gardening partnerships, Chambers of Commerce and Industry, organizations, partnerships of owners; individual entrepreneurs (subitems 1. 1, 1.2 Items 1 of the Regulations on liquidation);

it is applied taking into account the features established by the legislation for appropriate subjects of managing in case of liquidation of banks, non-bank credit and financial organizations, insurance companies, insurance brokers, associations of insurers, national associations, the open joint stock companies created in the course of privatization of state-owned property (part two of Item 2 of the Regulations on liquidation);

it is not applied in case of liquidation of republican state public associations, funds, religious organizations, reference tribunals, Bars, lawyer bureaus, and also political parties and other public associations, their unions (associations), unions (associations) by the form (types) of sport created with participation of public association (public associations) (part one of Item 2 of the Regulations on liquidation).

3. According to Item 2 of Article 57 of group of companies, Item 3 of the Regulations on liquidation the legal entity can be liquidated (activities of the individual entrepreneur are stopped) according to the decision:

the owner of property (founders, participants) or body of the legal entity authorized by the charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement);

economic court;

registering body.

It is necessary to consider that liquidation of the commercial organization with foreign investments is performed only according to the decision of the owner of property (founders, participants) or the body of this organization authorized on that by its charter (the foundation agreement - for the commercial organization acting only on the basis of the foundation agreement), or judicially (part three of subitem 3.3 of Item 3 of the Regulations on liquidation).

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