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RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of December 4, 2012 No. 107

About approval of the Instruction about procedure for determination of availability (absence) for signs of false economic insolvency (bankruptcy), deliberate economic insolvency (bankruptcy), concealment of economic insolvency (bankruptcy) or preventing to indemnification to the creditor, and also preparation of expert opinions on these questions

(In edition of the Resolution of the Ministry of Economics of the Republic of Belarus of 31.08.2016 No. 57)

Based on the paragraph of the fifth of part one of article 14 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (the bankrotstvpodpunkta 6.1 Items 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" DECIDES: the Ministry of Economics of the Republic of Belarus

1. Approve the enclosed Instruction about procedure for determination of availability (absence) for signs of false economic insolvency (bankruptcy), deliberate economic insolvency (bankruptcy), concealment of economic insolvency (bankruptcy) or preventing to indemnification to the creditor, and also preparation of expert opinions on these questions.

2. Recognize invalid:

the resolution of the Ministry of Economics of the Republic of Belarus of August 8, 2008 No. 164 "About modification of the resolution of the Ministry of Economics of the Republic of Belarus of June 20, 2008 No. 129" (The national register of legal acts of the Republic of Belarus, 2008, No. 200, 8/19324).

3. This resolution becomes effective after its official publication.

Minister

N. G. Snopkov

Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of December 4, 2012 No. 107

The instruction about procedure for determination of availability (absence) for signs of false economic insolvency (bankruptcy), deliberate economic insolvency (bankruptcy), concealment of economic insolvency (bankruptcy) or preventing to indemnification to the creditor, and also preparation of expert opinions on these questions

Chapter 1. General provisions

1. This Instruction establishes procedure for determination of availability (absence) for signs of false economic insolvency (bankruptcy), deliberate economic insolvency (bankruptcy), concealment of economic insolvency (bankruptcy) or preventing to indemnification to the creditor (further, unless otherwise specified, - bankruptcy signs), and also preparation of expert opinions on these questions.

2. The terms and determinations applied in this Instruction are used in the values determined in the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" (The national legal Internet - the portal of the Republic of Belarus, 24.07. 2012, 2/1967).

3. In case of determination of availability (absence) of signs of bankruptcy, and also preparation of expert opinions on these questions the documents specified in Item 5 of this Instruction, for the period the lasting at least 2 years, preceding date of determination of availability (absence) bankruptcy signs are analyzed (further - the researched period).

4. This Instruction is obligatory to application by managing directors, and also experts in case of determination of availability (absence) of signs of bankruptcy in cases and on the bases established by the Law of the Republic of Belarus "About economic insolvency (bankruptcy)".

5. Information sources for determination of availability (absence) of signs of bankruptcy are:

statement of the debtor (creditor) for economic insolvency (bankruptcy);

constituent documents of the debtor, the decision of founders (participants) of the debtor, its governing bodies, orders on the main activities;

the documents containing the information about structure of governing bodies of the debtor, and also about persons having the right to give instructions, obligatory for the debtor, or opportunity otherwise to determine its actions;

accounting records of the debtor, including bookkeeping registers of the debtor, source accounting documents, orders on approval of accounting policy of the debtor;

the documents containing the information about structure of property of the debtor with analytical disaggregation of each type of property for date of giving in economic court of the statement for recognition of the debtor by economically insolvent (bankrupt), and also the list of property of the debtor acquired or alienated for the researched period;

agreements based on which alienation or property acquisition of the debtor, increase or reduction creditor and receivables, other documents according to the transactions which entailed changes of financial condition and solvency of the debtor were made;

reports on assessment of property of the debtor;

the list of debtors with separate specifying of the amounts of the main debt, percent, penalty (penalty, penalty fee) for improper execution of obligations and completion dates of obligations on each debtor for date of filing of application about economic insolvency (bankruptcy);

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