RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 22, 2013 No. 1007

About additional requirements to the builders performing shared-equity construction of residential and (or) non-residential premises in the apartment or blocked apartment houses, single-family apartment houses and (or) other real estate objects

According to subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of December 10, 2018 "About shared-equity construction" the Council of Ministers of the Republic of Belarus DECIDES: No. 473

1. Approve the enclosed Regulations on procedure for creation and submission of data by the builders performing shared-equity construction of residential and (or) non-residential premises in apartment or the blocked apartment houses, single-family apartment houses and (or) other real estate objects.

2. Establish obligatory observance of the following indicators of assessment of financial stability of activities of the builder performing shared-equity construction of residential and (or) non-residential premises in apartment or the blocked apartment houses, single-family apartment houses and (or) other real estate objects (further - the builder):

the coefficient of security of obligations determined based on the accounting data on everyone to the apartment or blocked, single-family apartment house and (or) other real estate object by division of cash amount which arrived into the special accounts of builder (opened on each construction object) in accordance with the terms of agreements of creation of objects of shared-equity construction on the amount of actually made costs by construction of everyone of the apartment or blocked, single-family apartment house and (or) other real estate object. The received result shall not be more 1,5;

the norm of profitability determined according to the annual accounting records constituted according to the legislation as the number of years at the rate of three last years of work of the builder in the profit and loss statement for which the builder has no losses (at least 2).

The calculation of coefficient of security of obligations confirmed with auditing organization (the auditor - the individual entrepreneur), is represented in local executive and administrative organ after the second and fourth quarters in the scope of information represented according to Regulations on procedure for creation and submission of data by the builders performing shared-equity construction of residential and (or) non-residential premises in apartment or the blocked apartment houses, single-family apartment houses and (or) other real estate objects, the approved this resolution.

The calculation of the standard rate of profitability confirmed with auditing organization (the auditor - the individual entrepreneur), is represented in local executive and administrative organ annually (till April 30) in the scope of information, apartment houses represented according to Regulations on procedure for creation and submission of data by the builders performing shared-equity construction of residential and (or) non-residential premises in apartment or blocked, single-family apartment houses and (or) other real estate objects, the approved this resolution.

2-1. Within a month after acceptance for operation of the apartment house the builder represents to the local executive and administrative organ which issued allowing documentation on construction asset construction and also to the bank which issued the credit, lists of the shareholders who built single-family apartment houses and premises in the apartment house with limited profit of the builder and also with use of the state support.

3. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of November 8, 2011 No. 1497 "About additional requirements to the builders performing shared-equity construction of apartment apartment houses" (The national register of legal acts of the Republic of Belarus, 2011, No. 128, 5/34750).

4. This resolution becomes effective in three months after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 22, 2013 No. 1007

Regulations on procedure for creation and submission of data by the builders performing shared-equity construction of residential and (or) non-residential premises in apartment or the blocked apartment houses, single-family apartment houses and (or) other real estate objects

1. This Provision determines the list, structure and procedure for representation by builders of the data connected with the organization of shared-equity construction of residential and (or) non-residential premises in apartment or the blocked apartment houses, single-family apartment houses and (or) other real estate objects.

2. The builder quarterly, except as specified, provided in parts two and third Item 2 of the resolution which approved this Provision represents to the local executive and administrative organ which issued allowing documentation on shared-equity construction of construction object (further - authorized body), data according to appendices 1-4, and also references in the cases provided by this Provision (further - data).

3. Data are represented in quarter if within this quarter one agreement of creation of object of shared-equity construction signed by the builder with the shareholder was effective at least (further - the agreement) or if the builder had unexecuted agreement obligations.

4. Data are represented by the builder to authorized body until the end of the month following reporting quarter. Date of submission of data date of their receipt in authorized body is considered.

5. Data are constituted as of the last calendar day of reporting quarter.

6. Data are represented by the builder to authorized body in writing and in the form of the electronic document.

Pages of the documents which are the scope of information, submitted in writing are numbered and sewed. The documents which are the scope of information are signed by the head (deputy manager) of the builder.

Data in the form of the electronic document go to the e-mail address established by authorized body or are represented on the electronic medium.

7. The data provided in appendix 2 to this Provision are represented on everyone to the apartment or blocked, single-family apartment houses and (or) other real estate object since quarter during which the first agreement, and till quarter during which the builder fulfilled obligations under the last agreement was signed.

In the presence of the terminated agreements for the accounting period the reference with indication of the bases of termination of each agreement is submitted.

In the presence of unexecuted (overdue) agreement obligations the reference with indication of the reasons of improper execution of obligations is submitted.

8. The data provided in appendix 3 to this Provision contain the summarized information on all to the apartment or blocked, single-family apartment houses and (or) other real estate objects.

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