of June 22, 2009 No. 82
About modification and amendments in the resolution of the Ministry of Finance of the Republic of Belarus of November 22, 2006 No. 143 and approval of the Instruction about procedure for depositary accounting of the rights to paperless mortgages
Based on Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585 "Questions of the Ministry of Finance of the Republic of Belarus", the Ministry of Finance of the Republic of Belarus DECIDES:
1. Ceased to be valid according to the Order of the Ministry of Finance of the Republic of Belarus of 28.04.2018 No. 30
2. Approve the Instruction about procedure for depositary accounting of the rights to paperless mortgages it (is applied).
3. This resolution becomes effective after its official publication.
Minister
A. M. Harkovets
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of June 22, 2009 No. 82
1. The instruction about procedure for depositary accounting of the rights to paperless mortgages (further - the Instruction) is developed based on part two of Item 1 of the Instruction on procedure for creation and transfer of the paperless mortgage on centralized storage in Central Securities Depository in the Republic of Belarus, accounting of the rights according to such mortgage in the depositary system approved by the resolution of Council of Ministers of the Republic of Belarus of November 26, 2008 No. 1801 "About creation of mortgages and accounting of the rights on them" (The national register of legal acts of the Republic of Belarus, 2008, No. 291, 5/28850).
2. This Instruction determines features of procedure for making of depository operations in the course of fixing in depositary accounting of information on paperless mortgages and their owners, about the rights by them and about encumbrance (restriction) of these rights.
3. In this Instruction terms in the values determined by the Instruction about procedure of the depository activity approved by the resolution of the Ministry of Finance of the Republic of Belarus of November 22, 2006 No. 143 "On regulation of depository activity" are applied (The national register of legal acts of the Republic of Belarus, 2007, No. 5, 8/15494).
4. For implementation of analytical depositary accounting in depositaries and the central depositary open the accounts of "depot" subdivided depending on their appointment on (are used):
accounts of "depot" of storage locations;
accounts of "depot" of legal entities or physical persons;
accounts of "depot" "Unidentified owner".
For implementation of synthetic depositary accounting balance sheet accounts by means of which the rights to paperless mortgages and encumbrances (restriction) of these rights are fixed are used. Conducting synthetic depositary accounting is performed according to the chart of accounts of synthetic depositary accounting according to appendix 1 to the Instruction about procedure of depository activity.
5. On the account of "depot" of the storage location opened in the central depositary information on all paperless mortgages which are on centralized storage is fixed. On correspondent accounts of "depot" of LORO of depositaries information on paperless mortgages, accounting of the rights to which is performed by these depositaries, is fixed.
On the correspondent account of "depot" of NOSTRO opened in depositary information on paperless mortgages identical to information fixed on the correspondent account of "depot" of LORO opened addressed to this depositary in the central depositary is fixed.
6. Fixing of information on paperless mortgages, rights to which physical persons and legal entities have, is performed only on the accounts of "depot" opened to these persons in connection with the conclusion with them depositary agreements.
Use of accumulation accounts of "depot" for the purposes of depositary accounting of the rights to paperless mortgages is not allowed.
7. Fixing of information on the paperless mortgage on correspondent account of "depot" of NOSTRO is performed by depositary only after fixing by the central depositary of information on this mortgage on the correspondent account of "depot" of LORO opened addressed to this depositary.
8. Fixing of information on the paperless mortgage on the account of "depot" is performed by transfer of the paperless mortgage in this respect by "depot" and (or) write-offs of the paperless mortgage from this account of "depot".
9. Fixing of the rights to the paperless mortgage and encumbrances (restrictions) of these rights is performed by transfer of the paperless mortgage on appropriate section of the account of "depot" and simultaneous reflection of this paperless mortgage on the corresponding balance sheet account.
10. Information on each paperless mortgage shall be fixed in analytical and synthetic depositary accounting by method of double record: at the same time on the passive and active account.
11. Transfer of paperless mortgages on active accounts of "depot" is performed on the debit of these accounts.
Transfer of paperless mortgages on passive accounts of "depot" is performed on the credit of these accounts.
Write-off of paperless mortgages from active accounts of "depot" is performed on the credit of these accounts.
Write-off of paperless mortgages from passive accounts of "depot" is performed on the debit of these accounts.
12. When implementing depositary accounting of the rights to paperless mortgages the depositary shall keep questionnaires of paperless mortgages in form according to appendix 2 to the Instruction of procedure for creation and transfer of the paperless mortgage on centralized storage in Central Securities Depository in the Republic of Belarus, accounting of the rights according to such mortgage in depositary system.
13. Information on all depository operations with paperless mortgages which were performed by depositary is fixed in the operational magazine of depositary at the time of their implementation.
Information on administrative transactions fixed in the operational magazine as a result of which changes are made to the questionnaire of the paperless mortgage including information on partial obligation fulfillment, provided with mortgage, shall contain:
name of transaction;
sequence number of transaction;
date and time of implementation of transaction;
identification code of the paperless mortgage;
details of the source document based on which administrative transaction is performed.
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