RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 29, 2011 No. 107

About approval of the Instruction about procedure for conducting cash transactions and procedure of payments in cash in Belarusian rubles in the territory of the Republic of Belarus and about recognition voided some resolutions of Board of National Bank of the Republic of Belarus and their separate structural elements

Based on Articles 26, and in pursuance of subitem 4.9 of item 4 of the Directive of the President of the Republic of Belarus of December 31, 2010 No. 4 "About development of entrepreneurial initiative and stimulation of business activity in the Republic of Belarus" the Board of National Bank of the Republic of Belarus DECIDES: 30 and 39 Bank codes of the Republic of Belarus

1. Approve the enclosed Instruction about procedure for conducting cash transactions and procedure of payments by cash in Belarusian rubles in the territory of the Republic of Belarus.

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of October 13, 2008 No. 150 "About entering of amendments and changes into the resolution of Board of National Bank of the Republic of Belarus of January 17, 2008 No. 4" (The national register of legal acts of the Republic of Belarus, 2008, No. 262, 8/19738);

the resolution of Board of National Bank of the Republic of Belarus of September 21, 2009 No. 154 "About modification and amendments in the Instruction about procedure for conducting cash transactions and payments with cash in Belarusian rubles in the territory of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 236, 8/21444);

Item 2 of the resolution of Board of National Bank of the Republic of Belarus of October 12, 2009 No. 168 "About modification of some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 250, 8/21498);

the resolution of Board of National Bank of the Republic of Belarus of February 23, 2010 No. 23 "About modification and amendments in the Instruction about procedure for conducting cash transactions and payments with cash in Belarusian rubles in the territory of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 66, 8/22023);

Item 2 of the resolution of Board of National Bank of the Republic of Belarus of October 12, 2010 No. 428 "About modification and amendments in some regulatory legal acts concerning the organization of cash circulation in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 263, 8/22870).

3. This resolution becomes effective since July 1, 2011.

Approved by the Resolution of Board of National Bank of the Republic of Belarus on March 29, 2011 No. 107

The instruction about procedure for conducting cash transactions and procedure of payments in cash in Belarusian rubles in the territory of the Republic of Belarus

Chapter 1. General provisions

1. This Instruction establishes single procedure for conducting cash transactions and procedure of payments in cash in Belarusian rubles (further - cash) in the territory of the Republic of Belarus.

2. For the purposes of this Instruction following terms have the following values:

divisions - all divisions of the legal entity, including separate divisions;

cash desk - the room or the place of acceptance, issue, storage of cash, cash documents;

cash transactions - the receipt and account transactions with cash made by the legal entities, divisions, individual entrepreneurs, notaries performing notarial activities in notary offices, in notarial bureaus, the employees of notarial archives, lawyers performing lawyer activities individually (further - lawyers), among themselves, with banks and the non-bank credit and financial organizations and (or) with the physical persons who are not individual entrepreneurs (further - physical persons), with reflection of these transactions in the corresponding books of accounting, and also storage of cash;

cash - the bank notes in the form of banknotes and coins of National Bank of the Republic of Belarus (further - National Bank) which are in circulation and being legal means of payment in the territory of the Republic of Belarus;

the serving bank - the bank performing settlement and (or) cash servicing of physical and (or) legal entities, divisions, individual entrepreneurs, the notaries performing notarial activities in notarial bureaus, lawyers;

separate divisions - branches and representations of legal entities which legal status is determined by the provision approved by the legal entity (its authorized body);

compensation - the payments which are part of salary fund according to the Instructions on filling in forms of the state statistical observations of statistics on work approved by the resolution of the Ministry of statistics and the analysis of the Republic of Belarus of July 29, 2008 No. 92 (The national register of legal acts of the Republic of Belarus, 2008, No. 222, 8/19374);

the distributor - person authorized by the head of the legal entity, division, the individual entrepreneur on cash disbursement of money;

authorized persons - the sellers working in pavilions, booths, tents, non-stationary shopping facilities, out of stationary shopping facilities with use of portable means of delivery and peddling trade, other responsible persons, except for the cashiers who are workers of the legal entity, the individual entrepreneur, the notary performing notarial activities in notarial bureau, the lawyer according to employment contracts and performing activities from their name, and also physical persons with which civil contracts on performance of works (rendering services) are signed.

The term "subjects of currency transactions" applied in this Instruction matters, determined in paragraph four of Item 2 of Rules of carrying out the currency transactions approved by the resolution of Board of National Bank of the Republic of Belarus of April 30, 2004 No. 72 (The national register of legal acts of the Republic of Belarus, 2004, No. 76, 8/10973).

The term "nonresidents" applied in this Instruction matters, determined in Item 8 of article 1 of the Law of the Republic of Belarus of July 22, 2003 "About currency control and currency exchange control" (The national register of legal acts of the Republic of Belarus, 2003, No. 85, 2/978).

The terms "corporate debit card", "personal debit card", "customer account", "maps check" applied in this Instruction have the values determined in Item 2 of the Instruction on procedure for making of transactions with bank payment cards approved by the resolution of Board of National Bank of the Republic of Belarus of January 18, 2013 No. 34 (The national legal Internet portal of the Republic of Belarus, 22.01. 2013, 8/26811).

The term "electronic money" applied in this Instruction matters, determined in part one of article 274 of the Bank code of the Republic of Belarus.

The term "market" applied in this Instruction matters, determined in Item 23 of article 1 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering in the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 21.01. 2014, 2/2126).

The term "registered mailings" applied in this Instruction matters, determined in Item 11 of Rules of rendering the services of mail service public approved by the resolution of Council of Ministers of the Republic of Belarus of September 7, 2004 No. 1111 (The national register of legal acts of the Republic of Belarus, 2004, No. 145, 5/14830).

3. This Instruction is obligatory for accomplishment by the legal entities performing the activities in the territory of the Republic of Belarus, divisions, individual entrepreneurs, notaries performing notarial activities in notary offices, in notarial bureaus, employees of notarial archives, lawyers, except for National Bank, banks and the non-bank credit and financial organizations of the Republic of Belarus, their branches and structural divisions (further if other is not established by this Instruction, - banks), the organizations subordinated to the Ministry of Communications and Informatization of the Republic of Belarus (further - the Ministry of Communications and Informatization) to which only requirements of Items 34-44 and Chapter 4 of this Instruction extend.

Features of carrying out cash transactions by the banks and organizations subordinated to the Ministry of Communications and Informatization are regulated by other bank law.

Requirements of procedure for the conducting cash transactions established by this Instruction for individual entrepreneurs, including provision of Chapter 4 of this Instruction extend to the notaries performing notarial activities in notarial bureaus, lawyers.

4. The calculations between legal entities, individual entrepreneurs and physical persons following from the employment, civil relationships can be carried out by cash according to the procedure, established by the legislation.

5. The legal entities, divisions, individual entrepreneurs who opened current (settlement) bank accounts according to the legislation hand over cash in the serving bank and (or) its divisions, other banks, to employees of service of collection, in the organizations subordinated to the Ministry of Communications and Informatization.

6. Cash can be received by the legal entities, divisions, individual entrepreneurs who opened current (settlement) bank accounts in the serving banks on the purposes established by the legislation.

The cash received by legal entities, divisions, individual entrepreneurs in cash desks of banks is spent for the purposes specified to the serving bank when obtaining.

The cash which arrived in cash desks of legal entities, divisions, individual entrepreneurs as return of the cash which is earlier received in the serving banks and the legal entities issued from cash desks, divisions, individual entrepreneurs is spent for carrying out current transactions according to part one of Item 7 of this Instruction.

7. The legal entities, divisions, individual entrepreneurs who opened current (settlement) bank accounts spend the cash which arrived in cash desk for carrying out current transactions (including calculations for payments in the budget, state non-budgetary funds) in the sizes established by the legislation for implementation of the forthcoming expenses (in the presence of such sizes) and agreements, in case of observance of the requirements established by Items 8, of the 9 and 11 this Instruction.

The cash which arrived in cash desk of insurance companies and their separate divisions is not subject to expenditure on insurance payments which are performed from special accounts for placement and accounting of means of insurance reserves according to the legislation.

8. The legal entities, divisions, individual entrepreneurs who opened the current (settlement) bank accounts having the right to use cash, which arrived in cash desk on condition of absence:

seizures and addresses of collection on the money of the legal entity, individual entrepreneur which is on the current (settlement) bank accounts;

suspensions of transactions according to the current (settlement) business bank accounts, individual entrepreneurs;

card-indexes to the off-balance account "The settlement documents which are not paid in time" (further - card-index).

The requirement of the paragraph of the fourth of part one of this Item does not extend to the payments with cash which are carried out by legal entities, their separate divisions in the cases established by the President of the Republic of Belarus.

9. The cash which arrived in cash desks of the liquidated legal entities and also individual entrepreneurs who opened current (settlement) bank accounts on which decisions on the activities termination are made in cash desks of the legal entities and individual entrepreneurs who opened current (settlement) bank accounts concerning which bankruptcy proceedings are opened is subject to obligatory delivery in the serving bank.

10. The legal entities, divisions, individual entrepreneurs who opened current (settlement) bank accounts, except for legal entities, the divisions specified in part four of this Item, independently in writing if other is not established by the legislation, determine procedure and terms of delivery of cash in the serving bank, to employees of service of collection, in the organizations subordinated to the Ministry of Communications and Informatization (for the legal entities located in the rural zone, divisions, individual entrepreneurs who opened current (settlement) bank accounts).

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