of November 21, 2012 No. 96
About approval of the Instruction about procedure for maintaining requirements of creditors by the anti-recessionary managing director of the register
Based on part eight of article 90 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)", subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967 "Single questions of the Ministry of Economics of the Republic of Belarus", the Ministry of Economics of the Republic of Belarus DECIDES:
N. G. Snopkov
Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of November 21, 2012 No. 96
1. This Instruction establishes procedure for maintaining by the anti-recessionary managing director (further - the managing director) the register of requirements of creditors (further - the Register) and determines single organizational approach in case of creation of the Register, modification of the Register, maintaining the Register.
2. In this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" are used (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967).
3. The register is kept by the anti-recessionary managing director in form according to appendix to this Instruction.
4. The register represents single system of records about creditors, their requirements.
For the purposes of this Instruction record is understood as entering into the Register of data on one requirement of one creditor as of date of their introduction.
5. The managing director creates and keeps the Register the accruing result from the moment of opening of bankruptcy proceedings on paper and electronic carriers and supports the Register in urgent condition. In case of nonagreement of records on paper to entries on the electronic medium in the Register records on paper have priority.
6. The size of requirements of creditors in the Register is specified in Belarusian rubles.
The payment obligations of the debtor expressed in foreign currency join in the Register according to part three of article 90 of the Law of the Republic of Belarus "About economic insolvency (bankruptcy)".
7. The register consists of seven Sections: the general Section including the information about all creditors, and six Sections containing data on requirements of creditors first or heel of queues and also requirements of the creditors who are subject to satisfaction out of turn according to article 209 of the Law of the Republic of Belarus "About economic insolvency (bankruptcy)".
The first Section includes data on requirements of physical persons before which the debtor bears responsibility for damnification of their life or to health which are satisfied by capitalization of the corresponding time payments.
The second Section includes data on requirements for dismissal wage payment and compensation of persons working (working) for the debtor according to employment contracts (contracts) and civil agreements which subject are performance of works, rendering services or creation of intellectual property items, payment of compulsory insurance premiums, fees for professional pension insurance, other payments in Social Security Fund of the population of the Republic of Belarus, and also on payment of insurance premiums on compulsory insurance from labor accidents and occupational diseases.
The third Section includes requirements for obligatory payments (except for included in the second and fifth Sections of the Register).
The fourth Section includes requirements of creditors for the obligations provided with pledge of property of the debtor.
The fifth Section includes requirements of other creditors and consists of three parts:
requirements for civil obligations (except for requirements of physical persons about indemnification, caused to their life or health, or about compensation of the moral harm connected with damnification of their life or to health and also persons working (working) for the debtor under civil agreements which subject are performance of works, rendering services or creation of intellectual property items, requirements of creditors for the obligations provided with pledge of property of the debtor, and requirements of founders (participants) of the debtor - the legal entity following from their establishment (participation));
requirements about compensation of the losses which arose before opening of bankruptcy proceedings, collection of percent, penalties, penalty fee, about payment of administrative punishments in the form of the penalties including which are due in the budget of appropriate level, and also the penalties imposed according to the penal legislation;
the requirements imposed after the term established by part one of article 89 of the Law of the Republic of Belarus "About economic insolvency (bankruptcy)", and which arose until opening of bankruptcy proceedings.
The sixth Section includes data on requirements of the physical persons which are creditors on the bank deposit agreements (deposit) and (or) current (settlement) bank account signed with them, requirements of physical persons - the bondholders issued by bank and also requirements of the organization performing the guaranteed compensation of bank deposits (deposits) of physical persons.
8. Join in the Register:
the requirements of creditors established by the managing director according to parts one and the second article 142 of the Law of the Republic of Belarus "About economic insolvency (bankruptcy)";
requirements of creditors which size of payment obligations to the debtor is considered established according to Article part six 6, part six of article 89 of the Law of the Republic of Belarus "About economic insolvency (bankruptcy)";
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