RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of September 21, 2016 No. 747

About approval of the Regulations on procedure for the translation of debt on soft credits on local executive and administrative organs of basic territorial level

According to the paragraph third subitem 9.2 of Item 9 of the Presidential decree of the Republic of Belarus of July 14, 2016 No. 268 "About creation and activities of Asset Management Agency open joint stock company, the paragraph the fifth Item 10 of the Presidential decree of the Republic of Belarus of October 2, 2018 No. 399 "About financial improvement of agricultural organizations" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for the translation of debt on soft credits on local executive and administrative organs of basic territorial level it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 21, 2016 No. 747

Regulations on procedure for the translation of debt on soft credits on local executive and administrative organs of basic territorial level

1. This Provision establishes procedure for the translation of debt on the soft credits issued by Belagroprombank open joint stock company (further - JSC Belagroprombank) to agricultural organizations (1) on construction (reconstruction) or acquisition of apartment houses (apartments), reconstruction of objects under premises, repair of the empty individual apartment houses (apartments), fee connected with state registration of real estate (further - the translation of debt), on local executive and administrative organs of basic territorial level (further - local executive and administrative organs) according to the paragraph third parts one of Item 7 of the Presidential decree of the Republic of Belarus of July 14, 2016 No. 268, and also with part six of Item 7 of the Regulations on features of application of measures for increase in effective management of insolvent agricultural organizations, No. 399 approved by the Presidential decree of the Republic of Belarus of October 2, 2018.

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1 For the purposes of this provision the agricultural organization is understood as the organization included in the list of the agricultural organizations which are subject to pre-judicial improvement or in the list of agricultural organizations concerning which holding procedures of economic insolvency (bankruptcy), the Republic of Belarus approved by Council of Ministers, or in the list of the insolvent agricultural organizations which are subject to financial improvement, approved by regional executive committee is necessary.

2. Before decision making about the translation of debt according to this Provision agricultural organizations together with local executive and administrative organs determine possibility of the translation of debt according to subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of August 30, 2005 No. 405 "About some measures for construction of apartment houses (apartments) in the rural zone".

In case of impossibility of the translation of debt according to subitem 1.4 of Item 1 of the Presidential decree of the Republic of Belarus of August 30, 2005 No. 405 the translation of debt is performed according to the procedure, established by this Provision.

3. Transfer of debt is made based on the agreement of the translation of debt with the consent of JSC Belagroprombank.

4. Are submitted for review of question of the transfer of debt to JSC Belagroprombank:

4.1. agricultural organization:

the petition on the translation of debt with indication of the name of object according to the project documentation or the acquired apartment house (apartment) and the transferred amount of debt on soft credit;

the copies of the documents confirming acceptance by the representative according to the legislation and constituent documents by body (official) of the decision on the translation of debt certified in accordance with the established procedure;

other documents necessary for consideration of question of the translation of debt, according to local legal acts of JSC Belagroprombank;

4.2. local executive and administrative organ:

the copies of the documents confirming adoption by local executive and administrative organ of the decision on the translation of debt from agricultural organization on local executive and administrative organ in which shall be specified the name of object according to the project documentation or the acquired apartment house (apartment), date and number of the credit agreement signed with agricultural organization, originally issued amount of soft credit and the transferred amount of debt on it certified in accordance with the established procedure;

other documents necessary for consideration of question of the translation of debt, according to local legal acts of JSC Belagroprombank.

5. Between JSC Belagroprombank and local executive and administrative organ the supplementary agreement to the credit agreement in which the parties taking into account the signed agreement of the translation of debt, condition of use of soft credit of local executive and administrative organ, other conditions, including methods of ensuring obligation fulfillment on the credit agreement are specified is signed.

6. For confirmation of transfer to municipal property of construction objects (reconstruction) and the acquired apartment houses (apartments) the local executive and administrative organ represents to JSC Belagroprombank appropriate certificates (certificates) of state registration issued by the territorial organization for state registration of real estate, the rights to it and transactions with it:

concerning (reconstructed) objects finished with construction and the acquired apartment houses (apartments) - in the terms established in schedules of registration of the premises approved by local executive and administrative organs, but no later than three years from the moment of agreement signature of the translation of debt;

concerning objects, the construction (reconstruction) of which is at the time of transfer not complete, - within 90 days after completion of their construction (reconstruction).

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