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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of July 1, 2005 No. 302

About some measures for streamlining of activities of funds

(as of June 11, 2009)

1. Approve the enclosed Regulations on creation, activities and liquidation of funds in the Republic of Belarus.

2. Determine that:

2.1. state registration of funds is performed by the Ministry of Justice, justice departments of regional executive committees, the Minsk Gorispolkom;

2.2. The Ministry of Justice pursues state policy, exercises regulation and control in the sphere of creation and activities of funds in the Republic of Belarus according to this Decree;

2.3. the funds created before entry into force of this Decree shall bring till February 1, 2006 the charters into accord with this Decree and submit documents for state registration of the changes and (or) additions made to their charters, to the local executive and administrative organs which registered these funds.

Local executive and administrative organs in ten-day time from the date of receipt of the documents specified in part one of this subitem transfer them along with registration cases according to the procedure, determined by Council of Ministers of the Republic of Belarus, to the Ministry of Justice, the relevant justice departments of regional executive committees, the Minsk Gorispolkom for state registration of the changes and (or) amendments made to charters of these funds;

2.4. in case of failure to meet requirement of part one of subitem 2.3 of this Item funds are subject to liquidation corresponding regional, Minsk city courts according to statements of the bodies which performed their state registration, other interested persons.

3. Suspend till September 1, 2005 documents acceptance for state registration of funds.

4. To Council of Ministers of the Republic of Belarus:

4.1. in three-months time:

determine procedure for transfer by the local executive and administrative organs performing state registration of funds, registration cases on funds to the Ministry of Justice, the relevant justice departments of regional executive committees, the Minsk Gorispolkom;

provide reduction of acts of the legislation in compliance with this Decree;

4.2. together with regional executive committees, the Minsk Gorispolkom, National Bank to take other measures for implementation of this Decree;

4.3. explain questions of application of procedure for creation, state registration, activities, reorganization and liquidation of funds.

5. This Decree becomes effective since September 1, 2005, except for Items 3, 4 and this Item, becoming effective from the date of official publication of this Decree.

 

President of the Republic of Belarus A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of July 1, 2005 No. 302

Regulations on creation, activities and liquidation of funds in the Republic of Belarus

Chapter 1. General provisions

1. This Provision establishes procedure and conditions of creation, state registration, activities, reorganization and liquidation of funds.

Regulations of this provision do not extend to the funds created or created according to the decision of the President of the Republic of Belarus, Parliament of the Republic of Belarus, the Government of the Republic of Belarus and also activities of such funds if in acts of the legislation on their creation other is not established.

2. The fund for the purposes of this provision is understood as the non-profit organization which does not have membership founded by citizens (citizen) and (or) legal entities (legal entity) on the basis of voluntary property contributions pursuing the social, charitable, cultural, educational, promoting development physical cultures and sport, the scientific or other socially useful purposes specified in the fund charter.

The fund has no right to pursue the aims connected with identification and expression of political will of citizens.

Creation and activities of the funds aiming at implementation of extremist activities is forbidden.

3. The fund can be created by one person. The fund is created as a result of its organization or as a result of reorganization of the legal entity. At the same time the fund cannot be created by transformation of public association (political party), association (union), consumer cooperative, Chamber of Commerce and Industry.

4. The fund can perform business activity only so far as it is necessary for goal achievement for the sake of which it is created, answers these purpose and answers subject of its activities.

For implementation of business activity funds have the right to create the unitary enterprises, economic societies or to participate in them, except for additional liability companies.

The fund shall publish annually reports on use of the property. The procedure for publication and the scope of information of the report are established by the legislation.

5. Activities of funds are illegal and are forbidden: without state registration;

if state registration is made based on the doubtful data provided by founders (founder) of fund to the bodies performing state registration of funds (daleeregistriruyushchy bodies);

in case of implementation by fund of the activities specified in parts two and third Item 2 this provision or which are not answering the purpose determined in its charter.

Income gained from such activities is collected in local budgets judicially according to the statement of interested persons.

6. Founders (founder) of fund do not answer for obligations the created fund, and the fund does not answer for obligations the founders (founder).

Chapter 2. Types of funds

7. In the Republic of Belarus the international, republican and local funds are created and are effective.

8. The international fund is the fund which is formed in the Republic of Belarus and has representations and (or) branches in the territory of one or several foreign states.

The international fund shall create within six months from the date of state registration of representation and (or) branches in the territory of one or several foreign states according to the legislation existing in their territory and to provide in accordance with the established procedure to registering body for state registration of change and (or) the additions made to the fund charter in connection with creation of such representations and (or) branches.

9. Republican fund is the fund which has representations and (or) branches at least in four areas of the Republic of Belarus and the city of Minsk.

The republican fund shall create within six months from the date of state registration of representation and (or) branches at least in four areas and the city of Minsk and to provide in accordance with the established procedure to registering body for state registration of change and (or) the additions made to the fund charter in connection with creation of such representations and (or) branches.

10. Local fund is the fund which is not meeting the requirements specified in parts of the first Items 8 and 9 of this provision.

11. In case of failure to carry out of the requirements about creation of representations and (or) branches provided in Items 8 and 9 of this provision the fund shall change type before the expiration of six-months term.

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