PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 25, 2014 No. 99

About questions of regulation of leasing activities

For the purpose of enhancement of state regulation of leasing activities in the Republic of Belarus:

1. Determine that:

1.1. only the leasing organizations included by National Bank in the register of the leasing organizations (further - the register), and also legal entities and individual entrepreneurs in the cases provided in parts two, third this subitem and part two of subitem 1.7 of this Item have the right to perform leasing activities (further - the lessor). The fact of inclusion of the leasing organization in the register is confirmed by the certificate on inclusion in the register (further - the certificate) issued by National Bank in the form established by it.

Has the right to perform leasing activities without inclusion in the register:

legal entities and individual entrepreneurs on condition of the conclusion no more than three agreements of finance lease (leasing) within one calendar year and (or) total cost of the objects of leasing transferred under one or several agreements of finance lease (leasing) signed by these lessors in one calendar year, less than 10 000 basic sizes;

the foreign organizations performing leasing activities in the Republic of Belarus through permanent mission;

the legal entities having the right to provide property on the terms of finance lease (leasing) according to decisions of the President of the Republic of Belarus.

Banks, the non-bank credit and financial organizations perform leasing activities according to the Bank code of the Republic of Belarus, other legislation taking into account the requirements established by this Decree without inclusion in the register;

1.2. the procedure and conditions of implementation of leasing activities are determined by this Decree, other legal acts and regulatory legal acts of National Bank adopted according to them regulating leasing activities;

1.3. for the purposes of this Decree terms have the following values:

leasing activities – business activity on acquisition by the lessor in property of property for the purpose of its subsequent provision for a fee in temporary ownership and use to legal entity or physical person (further – the leasing recipient);

the agreement of leasing of premises – the agreement of finance lease (leasing), leasing subject of which is the apartment of private housing stock in the apartment or blocked apartment house (further – the apartment) and (or) the single-family apartment house of private housing stock (further – the single-family apartment house). At the same time other immovable things connected with the apartment and (or) the single-family apartment house general purpose (accessory) can enter set of the things which are leasing subject of the agreement of leasing of premises if other is not established by the Civil code of the Republic of Belarus and other legal acts;

leasing activities with premises – the leasing activities providing acquisition by the lessor in property and provision for a fee in temporary ownership and use to the leasing recipient of the apartment and (or) single-family apartment house;

the leasing organization – the legal entity conforming to requirements imposed by this Decree, other legal acts and regulatory legal acts of National Bank adopted according to them, and performing leasing activities;

the agreement of subleasing – agreement type of leasing in case of which the leasing recipient (the sublessor under the agreement of subleasing) gives to the third party (subleasing recipient) within the rights granted under the agreement of leasing to ownership and use for certain term for a fee the property received from the lessor under the agreement of leasing and constituting leasing subject;

the responsible official in the sphere of POD/FT – the worker who according to local legal acts of the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission performs measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction (further – POD/FT);

the beneficial owner – physical person which corresponds to one of the following criteria: is owner of property of the leasing organization; owns at least than 10 percent of shares (share in authorized fund, shares) the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission; directly or indirectly (through the third parties) finally has the right or opportunity to give instructions, obligatory for the organization, to influence the decisions made by it or to otherwise control its actions;

other owner – the physical person or the organization which indirectly (through the third parties) hold the shares (shares in authorized fund, shares) the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission which are in ownership (direct or indirect) the beneficial owner and provide to such owner (including on cumulative basis) the bases for rendering influence on accepted by the leasing organization, the foreign organization performing leasing activities in the Republic of Belarus through permanent mission, the decision or control of their actions otherwise.

The terms "apartment", "apartment house", "apartment apartment house", "the blocked apartment house", "single-family apartment house" have the values determined in article 1 of the Housing code of the Republic of Belarus.

The term "equity" matters, determined by the paragraph the twentieth article 1 of the Law of the Republic of Belarus of July 12, 2013 "About financial accounting and the reporting".

The term "executive position" matters, determined in the interlinear note to part one of Item 9 of the Decree of the President of the Republic of Belarus of December 15, 2014 No. 5 "About strengthening of requirements to the managerial personnel and employees of the organizations";

1.4. condition of inclusion of the leasing organization in the register is forming of authorized fund on the date of filing of application about inclusion in the register at a rate of not less than the minimum size equal to 125 thousand Belarusian rubles, except as specified, established in part two of this subitem.

The leasing organizations performing leasing activities on the date of entry into force of this Decree join in the register irrespective of the size of the authorized fund created for date of filing of application about inclusion in the register. At the same time such leasing organizations shall create the authorized funds:

for July 1, 2015 - in the amount of at least 50 percent of the minimum size of the authorized fund established in part one of this subitem;

for July 1, 2016 - in the amount of at least minimum size of the authorized fund established in part one of this subitem;

1.5. for inclusion in the register the leasing organization represents to National Bank:

the statement for inclusion in the register in the form established by National Bank;

copy of the charter;

the copy of the document confirming forming of authorized fund taking into account the provisions provided in subitem 1.4 of this Item.

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