of July 14, 2016 No. 268
About creation and activities of Asset Management Agency open joint stock company
For the purpose of creation of conditions for complex reforming of system of financing of agricultural production, and also increase in the normative capital of Belagroprombank open joint stock company and ensuring its long-term sustainable development:
The body acting on behalf of the Republic of Belarus under organization of the Agency is the State committee on property.
The shares of the Agency belonging to the Republic of Belarus are delivered in trust management to Belagroprombank open joint stock company (further - JSC Belagroprombank) based on the agreement signed with the State committee on property and approved with the Ministry of Finance;
1.2. The agency is not bank, the non-bank credit and financial organization in the values determined in articles 8 and 9 of the Bank code of the Republic of Belarus, and during its creation, reorganization and liquidations, and also when implementing of activities by it (except as specified, provided by this Decree) are not applied the requirements of the legislation provided for banks and the non-bank credit and financial organizations.
The agency performs activities according to the legislation and the charter taking into account the features provided by this Decree;
1.3. the main objectives of the Agency are:
acquisition at banks and "Development Bank of the Republic of Belarus" open joint stock company (further - Development bank) based on contracts of assignment of the requirement of assets according to the list of assets and borrowers approved by Council of Ministers of the Republic of Belarus and National Bank proceeding from offers of the regional executive committees approved with banks and Development bank (further - the list of assets), created on the loans granted by banks and Development bank to the agricultural organizations * (further - borrowers) which are registered on balance and off-balance sheet accounts of financial accounting of banks and Development bank (further - the credits), and also servicing of these credits. For preparation of the specified offers information on the credits is submitted borrowers in regional executive committees proceeding from the location of the borrower;
participation in accordance with the established procedure in pre-judicial improvement of borrowers;
provision of delay (payment by installments) of repayment of principal debt on the credits;
provision of delay (payment by installments) of repayment of the interest for using the credits added by Development bank before date of concession of the requirement;
* For the purposes of this Decree agricultural organizations are understood as the organizations 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 according to the legislation is necessary.
1.4. the assets acquired by the Agency include principal debt on the credits, and also the interest for using the credits added by Development bank before date of concession of the requirement.
In case of acquisition of assets pass the rights of the pawnbroker under agreements of pledge (mortgage) to the Agency concerning being in pledge (mortgage) at banks and Development bank of property.
State registration of transition of the rights of the pawnbroker under the agreement of mortgage (including on which the mortgage is issued) is performed based on the statement of any of participants of the transaction on transfer of assets with appendix of the copy of the contract of assignment of the requirement certified by the applicant. At the same time the contract of assignment of the requirement is not subject to state registration.
Fee on state registration of transition of the rights of the pawnbroker under the agreement of mortgage is performed by banks and Development bank with inclusion of expenses in structure of costs on production and sales of goods (works, services), the property rights considered in case of the taxation;
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