of July 17, 2014 No. 348
About measures for increase in overall performance of the organizations of agro-industrial complex
For the purpose of conditioning for increase in overall performance of the organizations of agro-industrial complex I decide:
1. Offer banks and "Development Bank of the Republic of Belarus" open joint stock company (further - banks) to grant delay of obligation fulfillment on principal debt for the term which is not exceeding five years (further - delay):
1.1. to the legal entities who acquired (acquiring) since January 1, 2014 in accordance with the established procedure as a result of reorganization (in the form of merge, accession), purchases, voluntary conveyance of the companies as property complexes of the right and obligation of insolvent agricultural organizations * (further - agricultural organizations) on long-term investment loans **, issued to legal entities and agricultural organizations on acquisition of agricultural machinery, the equipment, construction, reconstruction and (or) upgrade of production objects. Delay is granted based on the applications of the legal entities who acquired the rights and obligations of agricultural organizations, for providing delay and business plans of development of these legal entities approved by regional executive committees submitted to banks which fixed terms of obligation fulfillment, subject to delay. At the same time the amount of such obligations (the term, overdue, prolonged debt) is reflected in accounts on accounting of term debt of banks. Providing delay is drawn up by entering of corresponding changes and (or) amendments into credit agreements;
* For the purposes of this Decree insolvent agricultural organizations are understood as legal entities, including their separate divisions which core activity is production of agricultural products, at which following the results of the year preceding year in which the decision on transfer of their rights and obligations to legal entities according to subitem 1.1 of Item 1 of this Decree is made coefficient of current liquidity and coefficient of security with own current assets less 1,5 and 0,2 respectively have values.
** For the purposes of this Decree long-term investment loans are understood as the credits issued for the term of more than one year for the purpose of investment of investments.
1.2. to the organizations authorized by acts of the legislation on carrying out purchases of modern agricultural machinery and the equipment for the purpose of their transfer on the terms of finance lease (leasing) on issued to these organizations to the credits for such purchases for the amounts of unexecuted part of obligations of the legal entities who acquired (acquiring) the rights and obligations of agricultural organizations, and agricultural organizations before these organizations for leasing payments regarding the contractual cost of subject of leasing according to agreements of finance lease (leasing) within effective period of the credit agreements including spread according to the Presidential decree of the Republic of Belarus of April 22, 2011 No. 170 "About some questions of calculations for agricultural machinery" (The national register of legal acts of the Republic of Belarus, 2011 No. 49, 1/12508). Delay is granted based on the applications of the specified organizations submitted to banks, petitions of the legal entities who acquired (acquiring) the rights and obligations of agricultural organizations, about providing delay and the business plans of development of these legal entities approved by regional executive committees which fixed terms of obligation fulfillment subject to delay. Providing delay is drawn up by entering of corresponding changes and (or) amendments into credit agreements. After the termination of effective period of delay repayment of delayed obligations on principal debt on the credits is performed within effective period of credit agreements.
2. Determine that:
2.1. delay is granted concerning the amount of unexecuted part of obligations of the legal entities who acquired (acquiring) the rights and the obligation of agricultural organizations, and agricultural organizations formed for date:
the state registration of again arisen legal entity, - by reorganization of the legal entity in the form of merge to agricultural organization;
the state registration of purchase, voluntary conveyance of the company as property complex of agricultural organization, - upon purchase, voluntary conveyance of the company as property complex;
entering into the Single state register of legal entities and individual entrepreneurs of record about the termination of activities of agricultural organization, - by reorganization of the legal entity in the form of accession to it of agricultural organization;
2.2. during the entire period of providing delay percent on the amounts of obligations on the credits called in Item 1 of this Decree are charged and paid according to the procedure and the sizes provided by acts of the legislation and credit agreements according to which issuance of credits was performed;
2.3. compensation of losses (compensation of percent) on the credits of banks which repayment periods are changed in connection with providing delay according to Item 1 of this Decree during the entire period of its provision is made according to the procedure and the sizes established by acts of the legislation concerning the particular legal entity who acquired the rights and obligations of agricultural organizations, and agricultural organization within the means provided respectively in republican and local budgets on compensation (compensation) of part of percent on the credits of banks issued on implementation of state programs and actions in agro-industrial complex for the next financial year;
2.4. turnovers on realization since January 1, 2014 of the companies as property complexes of agricultural organizations are not recognized the taxation objects the value added tax, and cost gratuitously of the received companies as property complexes of agricultural organizations is not included non-operating incomes of the legal entities who acquired the rights and obligations of agricultural organizations for the purposes of the taxation;
2.5. the legal entities who acquired the rights and obligations of the agricultural organizations having the right within the next four calendar years since year on which it is necessary to reduce the date established according to subitem 2.1 of this Item tax base of the income tax by cash amount:
directed by them to acquisition of raw materials, agricultural machinery, the equipment and spare parts to them, capital structures (buildings, constructions) of the specialized agricultural purpose, other property which is directly connected with production of crop production, livestock production, beekeeping, fish breeding in case of voluntary conveyance of this property to the organizations or branches or other separate divisions having separate balance which for making of transactions by the legal entities who acquired the rights and obligations of agricultural organizations opens the bank account with providing the right to dispose of money on the account to officials of separate divisions (further - the framed organizations and branches) created based on agricultural organizations;
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