PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 5, 2013 No. 63

About some questions of legal regulation of procedures of economic insolvency (bankruptcy)

For the purpose of enhancement of the mechanism of legal regulation of procedures of economic insolvency (bankruptcy):

1. Determine that:

1.1. state registration of creation of capital structures (buildings, constructions), the isolated rooms, parking places, the incomplete preserved capital structures transferred according to article 98 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" (The national legal Internet portal of the Republic of Belarus, 24.07. 2012, 2/1967) on which there are no right certifying documents and emergence of the rights to them it is performed in accordance with the established procedure according to the statement of the accepting organization * based on the technical data sheets constituted according to the statement of this organization, and transfer acts. Concerning the transferred capital structures (buildings, constructions) the accepting organization the statement from the decision of local executive and administrative organ on possibility of use of the transferred operated capital structures (buildings, constructions) to destination according to single classification of purpose of real estate units in addition is submitted;

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* For the purposes of this Decree the terms "the accepting organization", "anti-recessionary managing director", "creditor", "debtor", "bankruptcy proceedings", "liquidating production", "unrealized real estate" have the values determined in the Law of the Republic of Belarus "About economic insolvency (bankruptcy)".

1.2. in the procedure of liquidating production sale of the company as property complex of the debtor, capital structures (buildings, constructions) belonging to it, the isolated rooms, parking places, the incomplete preserved capital structures without availability of the documents certifying their state registration, on condition of absence on the current (settlement) account of the debtor within thirty days preceding acceptance date meeting or creditor committee of the decision on approval of procedure and the terms of sale of such property, money in the amount necessary for document creation certifying its state registration is allowed.

State registration of creation of this subitem of the company specified in part one as property complex, agreement of its purchase and sale, and also rights to this company as property complex is performed by at the same time republican organization for state registration of real estate, the rights to it and transactions with it in accordance with the established procedure according to the statement of the buyer based on the purchase and sale agreement, the decision of meeting or creditor committee on approval of procedure and terms of sale of such company as the property complex, inventory report, balance sheet, list of property and property rights which are part of the company as property complex, in the form approved by the State committee on property, audit opinion about structure and cost of the company as property complex, documents containing information from the state registers (registers) on availability of the registered rights restrictions (encumbrances) of the rights to the property included in structure of the company as property complex if the specified property, the rights, restrictions (encumbrance) of the rights to it are subject to state registration according to the statement of the buyer according to the legislation, the transfer act.

Date of state registration of the rights of the buyer for the real estate objects which are part of the company as property complex is date of state registration of the company as property complex.

State registration of creation of the capital structures (buildings, constructions) specified in part one of this subitem, the isolated rooms, parking places, the incomplete preserved capital structures and the rights to them is performed in accordance with the established procedure according to the statement of the buyer based on the purchase and sale agreement, the decision of meeting or creditor committee on approval of procedure and terms of sale of the corresponding property, technical data sheets constituted according to the statement of the buyer, and transfer acts. Concerning capital structures (buildings, constructions) the buyer the statement from the decision of local executive and administrative organ on possibility of their proper use according to single classification of purpose of real estate units in addition is submitted;

1.3. state registration of creation of capital structures (buildings, constructions), the isolated rooms, parking places, the incomplete preserved capital structures constituting unrealized real estate of the debtor on which there are no right certifying documents and emergence of the rights to them is performed in accordance with the established procedure according to the statement of the creditor based on the technical data sheets constituted according to the statement of the creditor, the agreement signed between this creditor and the anti-recessionary managing director, the protocol of creditor meeting on which the decision according to part four of article 150 of the Law of the Republic of Belarus "On economic insolvency (bankruptcy)", and transfer acts was made. Concerning capital structures (buildings, constructions) the creditor the statement from the decision of local executive and administrative organ on possibility of their proper use according to single classification of purpose of real estate units in addition is submitted;

1.4.   No. 361 is excluded according to the Presidential decree of the Republic of Belarus of 21.07.2014

2. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 11.09.2023 No. 283

3. Recognize invalid:

The presidential decree of the Republic of Belarus of August 27, 2004 No. 411 "About entering of amendments into the Presidential decree of the Republic of Belarus of November 12, 2003 No. 508" (The national register of legal acts of the Republic of Belarus, 2004, No. 137, 1/5799);

The presidential decree of the Republic of Belarus of April 6, 2009 No. 178 "About modification and amendments in the Presidential decree of the Republic of Belarus of November 12, 2003 No. 508" (The national register of legal acts of the Republic of Belarus, 2009, No. 92, 1/10599);

subitem 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of January 12, 2012 No. 26 "About entering of amendments and changes into some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 8, 1/13247).

4. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree and to take other measures for its realization.

5. To impose control over the implementation of this Decree on Council of Ministers of the Republic of Belarus and the State Control Committee.

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