of October 7, 2013 No. 579
About approval of the Instruction about procedure for refinancing by National Bank of the Republic of Belarus for banks of the Republic of Belarus in the form of the credits provided with pledge of securities
Based on the paragraph of the ninth of Article 26, the Board of National Bank of the Republic of Belarus DECIDES: parts five of Article 31 and part one of article 39 of the Bank code of the Republic of Belarus
1. Approve the enclosed Instruction about procedure for refinancing by National Bank of the Republic of Belarus for banks of the Republic of Belarus in the form of the credits provided with pledge of securities.
2. This resolution becomes effective since November 1, 2013.
Chairman of the board
N. A. Ermakova
|
It is approved Prime Minister of the Republic of Belarus M. V. Myasnikovich October 7, 2013 |
It is approved First Deputy Chairman of the State Control Committee of the Republic of Belarus L. V. Anfimov October 7, 2013 |
Approved by the Resolution of Board of National Bank of the Republic of Belarus of October 7, 2013 No. 579
1. This Instruction establishes procedure for refinancing by National Bank of the Republic of Belarus (further - National Bank) banks of the Republic of Belarus (further - banks) in the form of the credits in the Belarusian rubles provided with pledge of securities (further - the credits).
2. The National Bank provides to banks the following types of loan:
the daily settlement loans (further - the credits overnight);
the lombard credits, including the credits on fixed interest rate and the auction credits.
3. The loans overnight are granted at the initiative of banks, at the same time the National Bank has no right to refuse to banks loan granting overnight in case of accomplishment of the requirements provided by this Instruction and technical regulatory legal acts of National Bank, except for case, stipulated in Item the 7th this Instruction by them. The loans overnight are granted for the term providing in the quality of repayment date of the credit and payment added for use of percent it the working day following behind day of issuance of credit.
4. The lombard loans on fixed interest rate are granted at the initiative of banks, at the same time positive declaration of will of National Bank in each case is necessary.
The application of bank on receipt of the lombard credit on fixed interest rate can be granted by National Bank both completely, and partially. The decision on partial satisfaction of the specified statement or for refusal to bank in provision of the lombard credit on fixed interest rate does not motivate National Bank.
5. The auction lombard loans are granted on interest rate and in the amount which are determined by conditions and results of lombard auction (further - auction).
6. In case of observance of the conditions established by this Instruction, the bank can obtain several credits in one day, including the lombard credits for various or identical terms and (or) the credits overnight.
7. Based on the general credit agreement on provision by National Bank of the credits provided with pledge of securities (further - the general credit agreement) concluded between bank and National Bank according to the decision of National Bank provision of the new credits of any kind to any bank can be temporarily suspended.
8. The loans are granted to banks according to the procedure, established by this Instruction, based on the general credit agreement and the following documents (depending on type of loan):
the letter of National Bank on conditions of carrying out transactions in the financial market;
the statement on the receipt of the credit overnight constituted in form according to appendix 1 to this Instruction, and (or) the lombard credit on fixed interest rate, constituted in form according to appendix 2 to this Instruction (further if other is not established, - the statement);
the application for participation in lombard auction (further - the request) constituted in form according to appendix 3 to this Instruction;
the protocol on satisfaction of the application for participation in lombard auction constituted in form according to appendix 4 to this Instruction;
the notice on provision by National Bank of the credit provided with pledge of securities (further - the notice), constituted in form according to appendix 5 to this Instruction.
On each issuance of credit by National Bank the notice is drawn up. The notice is loan granting confirmation.
The National Bank and banks exchange the documents specified in paragraphs by third or pole of part one of this Item in electronic form through system of transfer of financial information (further - SPFI).
Requirements to forming of the electronic documents and messages used by provision and repayment of the credits are established in technical regulatory legal act of National Bank.
Electronic payment documents on issuance of credits, repayment of principal debt on the credits and interest payment for use of them are drawn up according to the legislation of the Republic of Belarus regulating procedure for carrying out interbank calculations taking into account the additional requirements established in technical regulatory legal act of National Bank. These documents are transferred by means of the BISS system.
9. In providing the credits the securities included in the lombard list of the securities accepted by National Bank of the Republic of Belarus as providing lombard and other credits according to appendix to the resolution of Board of National Bank of the Republic of Belarus of October 18, 2006 in No. 153 "About establishment of the lombard list of the securities accepted by National Bank of the Republic of Belarus as providing lombard and other credits" (The national register of legal acts of the Republic of Belarus, 2006, No. 179, 8/15188) are pledged (further - the lombard list).
For the purpose of decrease in the risks of National Bank connected with loan granting in the lombard list by each type of securities the coefficient of providing obligations is established. This coefficient represents numerical multiplier which value is in the range from 0 to 1, on which the cost of securities in case of assessment of sufficiency of providing the required credit is adjusted.
10. The securities accepted as a deposit shall meet the following requirements:
are included in the lombard list;
belong to bank on the property right and are not encumbered with other obligations of bank;
term before start date of the securities redemption constitutes at least 6 working days after approach of repayment period of the granted loan.
11. The loans are granted on condition of the preliminary translation of securities by bank from the account to "depot" in the Section "It Is Blocked by National Bank" of the account of "depot" of National Bank. Banks independently determine quantity and issues of securities, subject to the preliminary translation.
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The document ceased to be valid since January 1, 2018 according to the Resolution of Board of National Bank of the Republic of Belarus of December 19, 2017 No. 514