RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of November 3, 2016 No. 557

About approval of the Instruction about procedure for coordination by National Bank of issue by banks of separate types of bonds

Based on the paragraph of the sixteenth of article 26 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 coordination by National Bank of issue by banks of separate types of bonds it (is applied).

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of June 2, 2008 No. 68 "About approval of the Instruction about procedure for coordination by National Bank of the Republic of Belarus for release by banks of separate types of bonds" (The national register of legal acts of the Republic of Belarus, 2008, No. 144, 8/18953);

the resolution of Board of National Bank of the Republic of Belarus of June 4, 2010 No. 204 "About introduction of amendments to the resolution of Board of National Bank of the Republic of Belarus of June 2, 2008 No. 68" (The national register of legal acts of the Republic of Belarus, 2010, No. 158, 8/22494).

3. This resolution becomes effective after its official publication.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of November 3, 2016 No. 557

The instruction about procedure for coordination by National Bank of issue by banks of separate types of bonds

1. This Instruction establishes procedure for coordination by National Bank of issue by banks of the bonds provided with right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate, and also the bonds emitted according to the paragraph the second parts one of subitem 1.8 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277 "About some questions of regulation of the security market".

2. Before state registration of bond issue bond emission is subject to coordination with National Bank.

3. For review bond emissions the bank submits the following documents to National Bank:

the statement on bond emission coordination;

the decision (its copy) on bond issue which is drawn up taking into account requirements of the legislation on securities;

the statement from the register of the obligations according to credit agreements which are providing bonds in form according to appendix (for the bonds provided with right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate). The statement from the register is presented in the form of the text file through documentary information portal of National Bank or system of transfer of financial information.

The statement on coordination of bond emission and the decision on bond issue are represented by means of system of interdepartmental electronic document management of state bodies (further - SMDO) in the form of the electronic document or the electronic copy of the paper document with use of the digital signature of the head of bank or person, it the representative.

In case of non-presentation by bank of all documents provided in part one of this Item, the National Bank does not consider the specified documents. In consideration of documents the bank is informed on refusal within two working days from the date of their submission to National Bank by means of SMDO by the letter in the form of the electronic document or the electronic copy of the paper document with use of the digital signature of the head (person fulfilling its duties) of structural division of central office of the National Bank providing coordination of issue by banks of bonds.

The bank can address repeatedly to National Bank for review of bond emission in case of submission of all documents provided in part one of this Item.

4. The question of coordination of bond emission is considered by National Bank within fifteen working days.

In the presence of the bases specified in Item 5 of this Instruction, the Board of National Bank refuses to bank bond emission coordination.

5. The bases for refusal to bank in coordination of bond emission are:

the paragraph two is excluded;

availability in the submitted documents of unreliable information;

suspension or withdrawal of the special permission (license) for implementation of banking activity issued to bank providing the right to attraction of money of physical persons to accounts and (or) in deposits (deposits) (for the bonds provided with right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate, and also the bonds emitted for placement among physical persons according to the paragraph the second parts one of subitem 1.8 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277);

failure to carry out by bank of condition on the release amount established in part two of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of August 28, 2006 No. 537 "About issue of bonds by banks" (for the bonds provided with right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate);

failure to carry out by bank of condition on amount of releases (for the bonds emitted according to the paragraph the second parts one of subitem 1.8 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006 No. 277).

6. The decision on coordination of bond emission or on refusal in such coordination is accepted by Board of National Bank.

7. The National Bank informs bank on the made decision within one working day following behind day of decision making by means of SMDO the letter in the form of the electronic document or the electronic copy of the paper document with use of the digital signature of the head (person fulfilling its duties) of structural division of central office of the National Bank providing coordination of issue by banks of bonds.

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