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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 18, 2013 No. 391

About some questions of the Unified state register of data on bankruptcy

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 30.06.2014 No. 630)

According to parts five and the seventh Article 21, article 241 of the Law of the Republic of Belarus of July 13, 2012 "About economic insolvency (bankruptcy)" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on the Unified state register of data on bankruptcy.

2. To the Ministry of Economics:

till July 1, 2013 to determine the organization providing technical and organizational functioning of information system of the state information resource "Unified State Register of Data on Bankruptcy";

take other measures for implementation of this resolution.

3. This resolution becomes effective from the date of its official publication.

Prime Minister of the Republic of Belarus

M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 18, 2013 No. 391

Regulations on the Unified state register of data on bankruptcy

1. This Provision establishes procedure for forming and maintaining the Unified state register of data on bankruptcy (further - the Unified register), procedure and terms of inclusion of data in it by interim (anti-recessionary) managers (further - managing directors) and state body on cases on economic insolvency (bankruptcy) (further - body for cases on bankruptcy), procedure for their placement on the global computer Internet, and also procedure for expense recovery, the data connected with inclusion in the Unified register and their publication in case of absence or insufficiency of property of the debtor.

The terms applied in this Provision are used in the values determined in article 1 of the Law of the Republic of Belarus of November 10, 2008 "About information, informatization and information security" (The national register of legal acts of the Republic of Belarus, 2008, No. 279, 2/1552), article 1 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).

2. The unified register is the state information resource.

The Ministry of Economics which performs organizational and methodological ensuring its functioning acts as the owner of the Unified register (including maintenance of completeness, relevance and reliability of the included data).

3. Forming of the Unified register is performed by entering into it by managing directors of the data specified in subitems 4. 1, 4.3-4.5 items 4 of this provision, and body for cases on bankruptcy of the data specified in subitem 4.2 of item 4 of this provision.

4. Are subject to inclusion in the Unified register:

4.1. data:

4.1.1. about initiation of proceeedings about economic insolvency (bankruptcy);

4.1.2. about introduction of the protective period and opening of bankruptcy proceedings (including information on introduction of the procedure of sanitation or opening of liquidating production, terms of their carrying out, and also the debtor's exception of the Single state register of legal entities and individual entrepreneurs);

4.1.3. about the term of presentation of requirements of creditors and the postal address for correspondence;

4.1.4. about time and the venue of the first general meeting of creditors (if time and the place are established in determination about opening of bankruptcy proceedings);

4.1.5. about other circumstances important for carrying out bankruptcy proceedings;

4.1.6. about suit abatement about economic insolvency (bankruptcy);

4.1.7. about appointment, discharge or release of the managing director;

4.1.8. about change of the published data and (or) the court decrees containing these data;

4.1.9. about satisfaction of statements of the third parties for intention to extinguish obligations of the debtor;

4.1.10. about renewal of proceeedings about economic insolvency (bankruptcy) in case of invalidity of the voluntary settlement;

4.2. information about managing directors, including:

4.2.1. the information about managing directors - physical persons, including:

4.2.1.1. surname, own name and middle name (if that is available);

4.2.1.2. number, category and effective period of the certificate of the managing director, date and number of the solution of certifying commission of Department on sanitation and bankruptcy of the Ministry of Economics;

4.2.1.3. data on prolongation of effective period of the certificate of the managing director, modification of the certificate of the managing director, issue of the duplicate of the certificate of the managing director, cancellation of the certificate of the managing director;

4.2.1.4. the postal address for correspondence;

4.2.1.5. contact phone number;

4.2.1.6. e-mail address (in the presence);

4.2.1.7. information on imposing of administrative punishments for non-execution or improper execution of obligations managing when implementing procedures of economic insolvency (bankruptcy) (date and number of the resolution which took legal effect on the case of administrative offense are specified);

4.2.1.8. date of accreditation of the managing director of the commission on the prevention of economic insolvency (bankruptcy) under state body (in the presence);

4.2.2. the information about managing directors - individual entrepreneurs, including:

4.2.2.1. the data specified in subitem 4.2.1 of this Item;

4.2.2.2. registration number in the Single state register of legal entities and individual entrepreneurs, accounting number of the payer;

4.2.2.3. number and date of the conclusion of the agreement of obligatory civil liability insurance of the managing director, term of its action;

4.2.3. the information about managing directors - legal entities, including:

4.2.3.1. full and abbreviated name of the legal entity;

4.2.3.2. location information of the legal entity;

4.2.3.3. the data specified in subitems 4.2.1.1-4.2.1.3 of this Item concerning the managing director's head - the legal entity, subitems 4.2.1.4-4.2.1.8 of this Item, and also the data specified in subitems 4.2.2.2 and 4.2.2.3 of this Item;

4.3. information about the debtor, including:

4.3.1. the information about the debtor - the individual entrepreneur, including:

4.3.1.1. surname, own name and middle name (if that is available);

4.3.1.2. place of residence (place of stay);

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