of November 30, 2015 No. 64
About approval of the Instruction about procedure for consideration of the applications, documents and (or) data on consent for reorganization of business entities, creation of the commercial organizations and associations of business entities
Based on Item 3 of Article 17 and Item 3 of article 19 of the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition", subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967 "Single questions of the Ministry of Economics of the Republic of Belarus", the Ministry of Economics of the Republic of Belarus DECIDES:
1. Approve the enclosed Instruction about procedure for consideration of the applications, documents and (or) data on consent for reorganization of business entities, creation of the commercial organizations and associations of business entities.
2. This resolution becomes effective after its official publication.
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First Deputy Minister |
A. M. Zaborovsky |
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It is approved Chairman of the Minsk city executive committee November 16, 2015 |
A.V.Shorets |
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It is approved Chairman of the Minsk regional executive committee November 18, 2015 |
S. B. Shapiro |
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It is approved Chairman of the Grodno regional executive committee November 17, 2015 |
V. V. Kravtsov |
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It is approved Chairman of the Brest regional executive committee November 17, 2015 |
A.V.Lis |
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It is approved Chairman of the Gomel regional executive committee November 17, 2015 |
V.A.Dvornik |
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It is approved Chairman of the Mogilev regional executive committee November 18, 2015 |
V. V. Domanevsky |
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It is approved First deputy chairman of the Vitebsk regional executive committee November 17, 2015 |
G. I. Grebnev |
Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of November 30, 2015 No. 64
1. This Instruction determines procedure for consideration by antimonopoly authority of statements for issue of the document on consent to reorganization of the business entities holding dominant position in the goods markets in the form of transformation to joint-stock companies, reorganization of the commercial organizations in the form of merge and accession, creation of the commercial organizations and associations of business entities (further, unless otherwise specified, - the statement), and also forms and other requirements to the represented statements, documents and (or) data.
2. For the purposes of this Instruction interested persons are understood as persons who address for implementation of the ministerial procedures provided by Items 2. 3, 2.4, 2.5, 2.7-1 of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the Council of Ministers of the Republic of Belarus approved by the resolution of February 17, 2012 No. 156 "About approval of the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, entering of amendment into the resolution of Council of Ministers of the Republic of Belarus of February 14, 2009 No. 193 and recognition voided some resolutions of Council of Ministers of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 35, 5/35330), including:
persons performing reorganization in the form of merge or accession;
persons or one of persons who make the decision on creation of the commercial organization, creation of consolidation of business entities;
person holding the dominant position performing reorganization in the form of transformation to joint-stock company;
persons or one of persons who are founders of consolidation, the created commercial organization.
Other terms and their determinations are used in the values established by the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition" (The national legal Internet portal of the Republic of Belarus, 19.12. 2013, 2/2092).
3. The application for issue of the document on consent to reorganization of the commercial organizations in the form of accession is considered by management of antimonopoly and price policy regional (The Minsk city) executive committee (further - management of antimonopoly and price policy) in the location of the attached legal entity.
The statement for issue of the document on consent to reorganization of the commercial organizations in the form of merge, creation of the commercial organization is considered by management of antimonopoly and price policy in the location of the newly created legal entity.
The application for issue of the document on consent to creation of associations of business entities is considered by management of antimonopoly and price policy in the location of the created consolidation.
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The document ceased to be valid since August 12, 2018 according to the Resolution of the Ministry of Economics of the Republic of Belarus of February 15, 2018 No. 6