of February 10, 2016 No. 65
About the minimum size of the security capital, procedure for its forming, replenishment and use, requirements to the mode of functioning of the current (settlement) bank account with the special mode of functioning for forming and use of the security capital
Based on the paragraph of the seventh Item 10, of paragraphs of the fourth and sixteenth Item 17 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 "About implementation of activities in the Forex curb market", the Board of National Bank of the Republic of Belarus DECIDES: parts one of article 39 of the Bank code of the Republic of Belarus
1. Establish the following minimum sizes of the security capital:
50 percent of the marginal providing brought by resident clients;
25 percent of the marginal providing brought by nonresident clients.
2. Determine that:
2.1. the security capital is created and Forex company is replenished, National Forex center at the expense of the foreign currency cash brought by clients as marginal providing and is placed on the current (settlement) bank accounts with the special mode of functioning Forex company, National Forex center (further - special accounts), opened at least in two banks or the non-bank credit and financial organizations of the Republic of Belarus;
2.2. special accounts are opened based on the agreements of the special account signed between Forex company or National Forex center and bank or the non-bank credit and financial organization of the Republic of Belarus in which the mode of functioning of the special account taking into account the requirements provided by parts one and the second Item 12 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231 and this resolution is set;
2.3. on special accounts the money listed for the purpose of forming and replenishment of the security capital is placed only;
2.4. determination of need of replenishment of the security capital to its minimum size is performed Forex company, National Forex center as of 12 hours of each working day.
In case of detection of need of replenishment of the security capital money transfer into special accounts is made Forex company, National Forex center during the day detection of such need;
2.5. Forex company, National Forex center can use the security capital in the following procedure, except for the case provided by subitem 2.6 of this Item:
in the amount of the minimum size, the stipulated in Item 1 this resolution, - on settlings with clients on return of marginal providing. At the same time at the expense of the security capital no more than 50 percent of the amount of obligations Forex company, National Forex center before each client who addressed for return of marginal providing can be performed;
in the amount of excess of the security capital over its minimum size, but no more than 10 percent of the security capital as of 12 hours of the last day of business week - on replenishment are not more often than once in week of the current (settlement) bank accounts;
2.6. in case of initiation of proceedings about recognition Forex company by economically insolvent (bankrupt) use of the security capital is performed according to part two of Item 12 of the Presidential decree of the Republic of Belarus of June 4, 2015 No. 231.
3. This resolution becomes effective since March 7, 2016.
Chairman of the board |
P.V.Kallaur |
It is approved Prime Minister of the Republic of Belarus February 9, 2016 |
A. V. Kobyakov |
It is approved Chairman of the State Control Committee of the Republic of Belarus February 9, 2016 |
L. V. Anfimov |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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