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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of August 1, 2014 No. 495

About approval of the Instruction about amount and procedure for disclosure of information on leasing activities and financial condition of the leasing organizations included in the register of the leasing organizations

(as amended on 11-08-2017)

Based on subitem 1 part three. 6, the paragraph of the sixth of part one of subitem 1.13 of Item 1 of the Presidential decree of the Republic of Belarus of February 25, 2014 No. 99 "About questions of regulation of leasing activities" and parts one of article 39 of the Bank code of the Republic of Belarus DECIDES: Board of National Bank of the Republic of Belarus

1. Approve the enclosed Instruction about amount and procedure for disclosure of information on leasing activities and financial condition of the leasing organizations included in the register of the leasing organizations.

2. This resolution becomes effective since September 1, 2014.

Chairman of the board

N. A. Ermakova

 

Approved by the Resolution of Board of National Bank of the Republic of Belarus of August 1, 2014 No. 495

The instruction about amount and procedure for disclosure of information on leasing activities and financial condition of the leasing organizations included in the register of the leasing organizations

1. This Instruction establishes amount and procedure for disclosure by the leasing organization included in the register of the leasing organizations (further - the leasing organization), information on the performed leasing activities, and also on the financial condition.

2. For the purposes of this Instruction following terms are used in the following values:

the interested users - the legal entities and physical persons interested in receipt of information on leasing activities of the leasing organization and (or) about its financial condition;

annual accounts - the annual accounting and (or) financial reporting of the leasing organization constituted according to the legislation of the Republic of Belarus;

the annual accounts constituted according to International accounting standards (further - the annual accounts constituted according to IFRS), - the annual accounting and (or) financial reporting of the leasing organization constituted according to the International accounting standards and their Explanations accepted by Fund of International accounting standards.

3. The leasing organization provides disclosure of information on the performed leasing activities and the financial condition by means of ensuring access to the specified information by its publication, and also placement in the rooms belonging to it in the place, available to the overview, and form, convenient for the interested users, and on the official site on the global computer Internet (further - the website).

4. The leasing organization posts the following information on the website:

4.1. the name, the location information, state registration (registration number in the Single state register of legal entities and individual entrepreneurs, date of state registration), inclusion of the leasing organization in the register of the leasing organizations (further - the register) (registration number, date of inclusion of the leasing organization in the register), and also about the exception facts National Bank of the Republic of Belarus of the leasing organization from the register with indication of date, the reason and the term of exception, operating mode and telephone numbers for enquiries;

4.2. the charter of the leasing organization taking into account the changes made to it and additions;

4.3. data on the transactions performed within leasing activities:

4.3.1. types of transactions on partners (legal entities, physical persons), to leasing objects (the real estate, the equipment, transport, etc.), leasing types (financial, operational, returnable, international, import) or specifying on possibility of the conclusion of any kinds of transactions proceeding from need of the leasing recipient;

4.3.2. documents and data, claimed if necessary the leasing organization for assessment of financial stability (stability) and goodwill of the leasing recipient, liquidity of subject of leasing (if the choice of subject of leasing is performed by the leasing recipient), the investment project (in case of its availability) for the purpose of the conclusion of the agreement of finance lease (leasing);

4.3.3. data on standard offers of the leasing organization (in case of their availability) on essential and other conditions of agreements of finance lease (leasing):

term of temporary ownership and use of leasing subject;

procedure for determination of the size of leasing payments and remuneration (income) of the lessor;

amount of advance payment (if necessary);

methods of ensuring obligation fulfillment of the leasing recipient under the agreement of finance lease (leasing) (if necessary);

need of the conclusion of other agreements within implementation of the agreement of finance lease (leasing) (the insurance contract, the works agreement, the credit agreement, etc.) with indication of the party on which the obligation according to the conclusion of such agreements lies;

the extent of redemption value of subject of leasing if the conclusion of the agreement of finance lease (leasing) containing condition about the redemption of subject of leasing is supposed;

monetary commitment currency on payment of leasing payments, procedure of payments of the amount of the next leasing payment;

frequency of payment of leasing payments, possibility of payment of the one-time leasing payments which are not provided by the schedule of leasing payments in case of contingencies, possible form of calculations (cash deposit of money, non-cash transfer).

The leasing organization in addition to information specified in part one of this subitem can place, and in the absence of standard offers places information on possibility of determination of terms of the contract of finance lease (leasing) by agreement of the parties;

4.4. name, location, operating mode and telephone numbers for enquiries of representations, branches, affiliated legal entities of the leasing organization;

4.5. annual accounts in the structure provided by part one of Item 1 of article 15 of the Law of the Republic of Belarus of July 12, 2013 "About financial accounting and the reporting" (The national legal Internet portal of the Republic of Belarus, 24.07. 2013, 2/2055), except for information, component the commercial, professional, bank and protected by the law other secret, and also the audit opinion constituted by results of annual accounts audit if legal acts provide obligation of carrying out audit of this reporting;

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