of December 28, 2009 No. 660
About some questions of creation and activities of holdings in the Republic of Belarus
For the purpose of determination of legal status of holding, procedure for its creation and operating conditions:
1. Determine that the holding is consolidation of legal entities (members of holding), in which:
1.1. one of legal entities – the commercial organization is managing company of holding owing to opportunity to exert impact on the decisions made by other legal entities – members of holding (subsidiary companies of holding), on the basis:
managements of activities of subsidiary companies of holding – the unitary enterprises founded by managing company of holding or in relation to which the managing company of holding acquired the status of the founder on other bases provided by legal acts and also the organizations created by managing company of holding;
other agreement according to which the managing company of holding acquires the rights on management of activities of subsidiary companies of holding (further – other agreement);
1.2. the physical person – the owner of property of the unitary enterprises, common (ordinary) shares (share in authorized funds) of economic societies in the sizes determined in the paragraph the second subitem 1.1 of this Item (further – the owner), exercises control (participates in management) these commercial organizations without formation of managing company of holding. In this case all members of holding are considered as its subsidiary companies. Provisions of this Decree, except for provisions of Items 11 and 13 of this Decree extend to such holdings.
2. The holding is not legal entity.
The legal entities registered in the states with which the Republic of Belarus has no international agreements providing exchange of information on tax questions cannot be members of holding.
3. The holding is created according to the decision of managing company of holding or the owner, and holding as which managing company the state unitary enterprise acts, – according to the decision of republican state body, other state organization subordinated to the President of the Republic of Belarus or the Government of the Republic of Belarus, local executive and administrative organ (further – state bodies). Creation and activities of holding as which managing company the state unitary enterprise or economic society from shares of the state in authorized fund of 50 and more percent acts (further – holding with participation of the state) are performed taking into account features, stipulated in Item 4-1, paragraphs to the third, fifth part one, the paragraph of part eleven of Item 5 and Item 12-1 of the present of Ukaza. Holding it is considered third created and acquires the status of holding from the date of its registration performed by the Ministry of Economics which keeps the State register of holdings.
Creation and activities in the territory of the Republic of Belarus of the holdings having the purpose or result monopolization of production and (or) sales of goods (works, services), non-admission, restriction or elimination of the competition, infringement of legitimate interests of consumers is forbidden and also if creation and activities of holdings contradict acts of the legislation, cause damage to sovereignty, homeland security, territorial integrity, political and economic stability of the Republic of Belarus, violate the rights and freedoms of citizens.
4. Before submission of documents for registration of holding by managing company of holding (the owner or person authorized by it) the consent of antimonopoly authority to its creation in the cases provided by the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition" shall be received (The national legal Internet portal of the Republic of Belarus, 19.12. 2013, 2/2092).
4-1. State bodies, managing companies of holdings with participation of the state provide development of organizational economic case of creation of holding. Financing of development of this organizational economic case can be performed at the expense of means of the specified state bodies or managing companies of such holdings and other sources according to the legislation of the Republic of Belarus.
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