of June 21, 2011 No. 261
About creation of "Development Bank of the Republic of Belarus" open joint stock company
For the purpose of enhancement of financing of state programs and socially important investment projects:
1.1. the "Development Bank of the Republic of Belarus" open joint stock company (further – Development bank) which founders are the Council of Ministers of the Republic of Belarus and National Bank, is not bank, the non-bank credit and financial organization in the value determined in articles 8 and 9 of the Bank code of the Republic of Belarus.
During creation, reorganization and liquidation of Development bank the requirements of the legislation provided for banks, the non-bank credit and financial organizations are not applied.
The bank law is applied to activities of Development bank if other is not determined by this Decree. The requirements of the legislation provided for banks, the non-bank credit and financial organizations in the field of banking supervision are applied to Development bank taking into account the features established by National Bank.
For the purposes of implementation of banking supervision Development bank is recognized parent organization of bank holding.
Development bank performs activities according to the Constitution of the Republic of Belarus, this Decree, other acts of the legislation and the Charter;
1.2. tasks of Development bank are:
loan granting for implementation of investment projects within state programs, financing of the actions providing property acquisition for its transfer to finance lease (leasing), investment projects according to the decision of the President of the Republic of Belarus and which are independently selected by Development bank of investment projects according to the procedure, established by Council of Ministers of the Republic of Belarus in coordination with the President of the Republic of Belarus;
support to subjects of small and medium entrepreneurship by provision of resources to banks and the leasing organizations for the purposes of financing of subjects of small and medium entrepreneurship by them, and also by financing of such subjects by Development bank within realization of the tasks assigned to it;
rendering assistance to commodity export development (works, services), including by provision of export loans according to the procedure, established by the legislation;
management of the received means of the family capital;
loan granting for financing of actions of public-private partnership;
ensuring own financial reliability, steady, safe and liquid functioning in case of realization of the tasks assigned to Development bank;
other tasks determined by the President of the Republic of Belarus;
1.3. according to the requirements established by the legislation for banks, the non-bank credit and financial organizations without receipt of special permission (license) for implementation of banking activity Development bank performs the following transactions:
crediting within realization of the tasks assigned to Development bank;
attraction of financial resources of the budget 1, banks and the non-bank credit and financial organizations of the Republic of Belarus, foreign banks and others nerezidentov2 in deposits (deposits);
opening and maintaining correspondent accounts, other accounts which opening is directly connected with realization of the tasks assigned to Development bank and the transactions performed by it. Opening of the current (settlement) bank accounts by Development bank is not performed;
carrying out calculations in non-cash form through the correspondent and other accounts opened by Development bank in National Bank and other banks;
currency and the currency exchange transactions which are directly connected with realization of the tasks assigned to Development bank and the transactions performed by it;
financing in 2021-2022 of residents (creditors) under concession of monetary claim (factoring) in case of implementation of export contracts within realization of the task assigned to Development bank on rendering assistance to commodity export development (works, services);
issue of bank guarantees within realization of the tasks assigned to Development bank and also as ensuring obligation fulfillment of legal entities, the founder (participant) of which it is, within the limits which are annually established by Council of Ministers of the Republic of Belarus together with National Bank.
Information on bank guarantees goes Development bank to the register of bank guarantees according to the procedure, established by National Bank for banks, the non-bank credit and financial organizations;
1.4. Development bank is agent bank of the Government of the Republic of Belarus on attraction, servicing and repayment:
external state loans;
the external loans attracted under guarantees of the Government of the Republic of Belarus to financing of state programs and also in other purposes provided by decisions of the President of the Republic of Belarus;
1.5. Development bank exercises control (servicing) acquired at banks aktivami3.
To borrowers from the date of acquisition of the corresponding assets by Development bank by budget funds part of interests on credit in the amount of, equivalent to the provided compensation is compensated if the following is in total observed:
acquisition of assets was performed by Development bank at the expense of the funds raised on market rate including by bond emission;
loan granting by banks was made according to decisions of the President of the Republic of Belarus or the Government of the Republic of Belarus according to which compensation of losses was provided to these banks.
At the same time between the borrower and Development bank the supplementary agreement to the loan agreement in which the new size of interest rate for use of the credit calculated as the amount of the interest rate established by the loan agreement and interest rate on which compensation of losses was provided to banks is established is signed.
Money transfer on account of compensation of part of interests on credit is made into the special account for accumulation of money opened for the borrower according to subitem 1.18 of this Item with the subsequent direction of these means to Development bank on the conditions defined by the loan agreement.
The basis for this transfer are the data on the amounts of the added interests on credit provided by the borrower and approved with Development bank.
If the decision of the President of the Republic of Belarus or the Government of the Republic of Belarus accepted according to the decision of the President of the Republic of Belarus provides that interest payment for use of the loans granted by banks of the Republic of Belarus, loanees is not made, to Development bank concerning the assets acquired at banks compensation of losses at the expense of means of the republican budget is performed.
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