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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 14, 2016 No. 322

About approval of the Instruction about procedure for stock exchange trading by foreign currency

(as amended of the Resolution of Board of National Bank of the Republic of Belarus of 22.06.2021 No. 175)

Based on part one of Article 39 and part two of article 277 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for stock exchange trading by foreign currency it (is applied).

2. Declare invalid the resolution of Board of National Bank of the Republic of Belarus of December 12, 2007 No. 220 "About approval of the Instruction about procedure for stock exchange trading by foreign currency" (The national register of legal acts of the Republic of Belarus, 2008, No. 16, 8/17756).

3. This resolution becomes effective since July 22, 2016.

Chairman of the board

P.V.Kallaur

It is approved

Prime Minister of the Republic of Belarus

June 14, 2016

 

A. V. Kobyakov

It is approved

Chairman of the State Control Committee of the Republic of Belarus

June 14, 2016

 

 

L. V. Anfimov

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 14, 2016 No. 322

The instruction about procedure for stock exchange trading by foreign currency

Chapter 1. General provisions

1. This Instruction establishes procedure for making at the biddings of Belarusian Currency and Stock Exchange open joint stock company (further – the exchange) transactions of purchase, sale, conversion (exchange) of foreign currency, transactions of SVOP, other transactions providing purchase, sale, conversion (exchange) of foreign currency (further – stock exchange transactions), and calculations for them, and also clearing procedure for stock exchange transactions.

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

the biddings – process of making of stock exchange transactions in trade system of the exchange;

the bidder – the National Bank, banks, the non-bank credit and financial organizations, other legal entities and physical persons allowed by the exchange to participation in the biddings;

the trader – the bidder's representative making stock exchange transactions on behalf of the bidder within the powers conferred to him by the power of attorney of the bidder (for legal entities and physical persons), or the bidder making stock exchange transactions on its own behalf (for physical persons);

trade system – the electronic system of the exchange consisting of the automated workplace of the leader of the biddings, the automated workplaces of bidders and the software;

the exchange certificate – the document the established exchange of form confirming the conclusion with the bidder of stock exchange transactions;

separate personal accounts – the accounts opened by National Bank in Belarusian rubles and foreign currency on currency types through which calculations for results of the biddings are carried out;

clearing on stock exchange transactions – determination of subjects to obligation fulfillment on committed stock exchange transactions, including as a result of implementation of netting, and preparation of the documents (information) which are the basis for the termination and (or) execution of such obligations;

netting – complete or partial discharge, allowed to clearing on stock exchange transactions, the offsetting and (or) different way established by the exchange;

clearing pool – the set of the obligations allowed to clearing on stock exchange transactions and which are subject to the termination by the offsetting and (or) different way provided by the exchange and (or) to execution determined by the exchange;

the trading account of the exchange – the separate personal account opened by the exchange through which payment under the obligations of bidders allowed to clearing on stock exchange transactions is carried out;

the trading account of the bidder – the separate personal account opened by the exchange for the bidder in Belarusian rubles or foreign currency on currency types on which Belarusian rubles or foreign currency which can be used for execution and (or) the ensuring obligation fulfillment allowed to clearing on stock exchange transactions are considered;

individual clearing providing – the money of the bidder considered on its trading accounts which can be used only for execution and (or) ensuring obligation fulfillment of this bidder and also for payment of the charges established by the exchange (the bidder's fees in guarantee fund of individual clearing providing are not included);

guarantee fund – the fund created by the exchange for the purpose of decrease in risks of non-execution or improper execution of obligations by bidders which property can be used for ensuring obligation fulfillment of any of bidders;

the central partner – the legal entity who is one of the parties of stock exchange transaction on which obligations are subject to inclusion in clearing pool;

clearing banks – banks in which the National Bank or the exchange open the correspondent accounts used for money transfer in foreign or national currency by bidders.

3. Bidders can conclude stock exchange transactions:

on its own behalf and at own expense;

on its own behalf and for customer account.

4. The list of foreign currencies with which stock exchange transactions are made is determined by the exchange independently and approved with National Bank.

5. The National Bank has the right:

participate in the biddings;

obtain the complete information about requests of bidders for the conclusion of stock exchange transactions;

obtain the complete information about results of the biddings;

make the decision on suspension and renewal of the biddings according to the legislation;

submit extraordinary applications for the conclusion of stock exchange transactions, and also requests with the top priority of execution during trading;

set restrictions for amounts of the concluded stock exchange transactions;

announce break during trading;

announce the biddings cancelled.

6. The exchange performs the following functions:

will organize the biddings;

performs clearing on stock exchange transactions;

perfroms calculations for stock exchange transactions if they are carried out with use of trading accounts of the exchange and trading accounts of bidders;

creates exchange certificates and other reporting documents;

performs information servicing of bidders concerning the organization of the biddings.

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