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RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of June 30, 2016 No. 54

About approval of the Instruction about procedure for issue, the address and repayment of housing bonds

(as amended on 13-03-2019)

Based on Item 1 of the resolution of Council of Ministers of the Republic of Belarus of September 10, 2009 No. 1163 "About some questions of issue (issue), the address and repayment of securities", Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585, the Ministry of Finance of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for issue, addresses and repayments of housing bonds (are attached).

2. Determine that action of provisions of part one of Item 10 of the Instruction on procedure for the issue, addresses and repayments of housing bonds approved by this resolution extends to cases of modification and (or) amendments in the approved project documentation on object of housing construction according to the legislation on architectural, town-planning and construction activities, the characteristics of the object of housing construction which entailed change specified earlier in the prospectus of the issue of housing bonds, the entries into force of this resolution which happened later.

3. This resolution becomes effective after its official publication.

Minister

V. V. Amarin

Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of June 30, 2016 No. 54

The instruction about procedure for issue, the address and repayment of housing bonds

Chapter 1 General provisions

1. This Instruction determines procedure for issue, the address and repayment of housing bonds.

2. In this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", other acts of the legislation and also the following terms and their determinations are applied:

other real estate object - the real estate object connected with the apartment house relating to the apartment house according to the project documentation on this house and located on one parcel of land provided for its construction, including barrier, the parking, the garages, other separate objects serving to target use of the apartment house;

object of housing construction - the apartment or blocked apartment house, one or several single-family apartment houses relating to them according to the project documentation engineering and transport communications, improvement and gardening, other real estate objects.

3. The housing bond is the personalized security certifying the right of its owner to obtaining from the issuer of the housing bond in the time of certain size of total area of the residential and (or) non-residential premise provided in it in the apartment or blocked apartment house, the single-family apartment house (further - the apartment house) and (or) other real estate object taking into account the engineering and transport infrastructure falling to them according to the legislation the share, improvement and gardening of the territory or its nominal value. The housing bond can certify the right of its owner to receipt of the percent determined in it from nominal value.

The housing bond has nominal value which cannot be below the most admissible price of placement of the housing bond more than for 30 percent, and the equivalent of nominal value expressed in square meters of total area of the residential and (or) non-residential premise in the apartment house and (or) other real estate object (further - the equivalent of nominal value expressed in square meters). The equivalent of nominal value specified in the housing bond expressed in square meters remains invariable and there cannot be less 0,1 of square meter.

Nominal value of the housing bond certifying the right of its owner to obtaining from the issuer of the housing bond in the time of certain size of total area of premises provided in it in the apartment house cannot be lower than the size equal to the work of the equivalent of nominal value expressed in square meters, and the limiting standard rate of the cost of 1 square meter of total area of premises for issue of soft credit on construction (reconstruction) of premises by open joint stock company "Belarusbank savings bank, the decision on release of housing bonds existing on acceptance date with the issuer.

4. The legal entity registered in the territory of the Republic of Belarus, who is the customer (builder), in the presence has the right to act as the issuer of housing bonds:

approved in the procedure for the project documentation established by the legislation on object of housing construction;

the documents certifying the right of the customer (builder) to the parcel of land necessary for providing asset construction of housing construction, or the act of the choice of the location of the parcel of land and the decision of local executive and administrative organ on withdrawal and provision of the parcel of land and permission of asset construction.

The legal entity specified in paragraph one of part one of this Item, having the right to emit housing bonds after settling out of citizens from the apartment houses which are subject to demolition and demolition of real estate units on the parcel of land necessary for providing asset construction of housing construction.

5. Housing bonds have the right to acquire (both in the course of placement of housing bonds, and in the course of their address) the legal entities and physical persons which signed with the issuer the agreement (agreement) in simple written form (further - the contract with the issuer) providing obligations of the issuer on construction of residential and (or) non-residential premises in the apartment house and (or) other real estate object or its part to owners of housing bonds.

The contract with the issuer shall contain the following essential conditions:

the description of object of housing construction according to the project documentation with indication of features of construction, and also the description of the residential and (or) non-residential premise in the apartment house and (or) other real estate object or its part which are the subject of the agreement with indication of data on full or partial implementation of finishing works and warranty period;

the size of the money which is subject to entering into payment of cost of the residential and (or) non-residential premise in the apartment house and (or) other real estate object or its part by acquisition of housing bonds;

the number of housing bonds with indication of the amount of their nominal values and the total equivalent of nominal value expressed in square meters;

procedure and terms of acquisition of housing bonds;

the purpose of issue of housing bonds and the direction of use of the funds raised by issue of such bonds;

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