RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of December 19, 2012 No. 669

About assessment of conformity to qualification requirements and requirements to goodwill, about certification and special certification

Based on the paragraph of the fifth of part six and part seven of Article 34, of Article part one 39, of parts twelve, the sixteenth and seventeenth article 109-1 of the Bank code of the Republic of Belarus, paragraphs two and the third item 4 of article 5 of the Law of the Republic of Belarus of July 12, 2013 No. 57-Z "About financial accounting and the reporting", Items 2 and 3 of Article 159, of Item 1 of article 171 of the Law of the Republic of Belarus of December 13, 2022 "About insolvency settlement" and parts three of subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2011 No. 261 "About creation of the open joint stock company "Development Bank of the Republic of Belarus" Board of National Bank of the Republic of Belarus DECIDES: No. 227-Z

1. Approve the Instruction about procedure for carrying out assessment of conformity by National Bank to qualification requirements and requirements to goodwill, about certification and special certification it (is applied).

2. No. 352 is excluded according to the Resolution of Board of National Bank of the Republic of Belarus of 29.08.2019

3. Till January 1, 2014 assessment of conformity to qualification requirements and requirements to goodwill to perform according to the procedure, established by the Instruction approved by this resolution for other board members (supervisory board) of bank, non-bank credit and financial organization.

4. Persons borrowing on the date of entry into force of this resolution of position of the head, chief accountant of bank, their deputies are recognized conforming to the qualification requirements and requirements to goodwill imposed to such persons within five years from the date of entry into force of this resolution.

In case of dismissal of such persons the provision of part one of this Item is not applied to them.

Persons on whom the special qualification commission of National Bank of the Republic of Belarus (further - the special qualification commission) makes the decision on compliance to the qualification requirements and requirements to goodwill imposed to the head, the chief accountant of bank, their deputies are recognized conforming to requirements imposed to members of collegiate executive body of bank within five years from the date of entry into force of this resolution.

Persons on whom the special qualification commission makes the decision on compliance to the qualification requirements and requirements to goodwill imposed to members of collegiate executive body of bank are recognized conforming to requirements imposed to the deputy manager of bank within five years from the date of entry into force of this resolution.

Persons holding position of the chief accountant of bank shall receive the certificate of the professional accountant of bank till January 1, 2017.

5. Concerning persons specified in part one of item 4 of this resolution, the special qualification commission can make the decision on evaluating compliance to the qualification requirements and requirements to goodwill imposed to such persons without conducting testing and (or) interview.

6. To banks:

till July 1, 2013 to provide election of the members of collegiate executive body of bank who underwent assessment of conformity to the qualification requirements and requirements to goodwill established by Chapter 3 of the Instruction approved by this resolution;

till April 1, 2014 to provide election of the independent directors who underwent assessment of conformity to qualification requirements and requirements to goodwill, the stipulated in Item 2 presents of the resolution;

till January 1, 2017 to provide persons holding position of the chief accountant of bank, the certificate of the professional accountant of bank according to the procedure, established by the Instruction approved by this resolution.

7. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of August 28, 2008 No. 122 "About approval of the Instruction about procedure for evaluating compliance to qualification requirements and requirements to goodwill of candidates for positions of the head, the chief accountant of bank or non-bank credit and financial organization, his (her) branch (department) and their deputies" (The national register of legal acts of the Republic of Belarus, 2008, No. 236, 8/19533);

Item 7 of the resolution of Board of National Bank of the Republic of Belarus of May 25, 2010 No. 175 "About modification and amendments in some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 148, 8/22451);

the resolution of Board of National Bank of the Republic of Belarus of June 28, 2010 No. 260 "About entering of amendments and changes into the resolution of Board of National Bank of the Republic of Belarus of August 28, 2008 No. 122" (The national register of legal acts of the Republic of Belarus, 2010, No. 173, 8/22557).

8. This resolution becomes effective since January 22, 2013.

Approved by the Resolution of Board of National Bank of the Republic of Belarus of December 19, 2012 No. 669

The instruction about procedure for carrying out assessment of conformity by National Bank to qualification requirements and requirements to goodwill, about certification and special certification

Chapter 1. General provisions

1. This Instruction establishes:

the qualification requirements and requirements to goodwill imposed to independent directors and (or) other board members (supervisory board), except for representatives of the state in governing bodies of bank, the non-bank credit and financial organization, "Development Bank of the Republic of Belarus" open joint stock company (further, unless otherwise specified, – bank) and the members of the supervisory board of "Development Bank of the Republic of Belarus" open joint stock company who are not independent directors and also to members of collegiate executive body of bank, heads and chief accountants of bank, their deputies, the official responsible for risk management, the official responsible for internal control, the head of service of internal audit, the division manager of the komplayens-control including functions on prevention of legalization of income gained in the criminal way financings of terrorist activities and financing of distribution of weapons of mass destruction (further – the division manager of komplayens-control), to persons, them to the replacement, other officials performing key functions in bank and also to the candidates applying for accomplishment of the corresponding functions for occupation of the specified positions of employees, cases and procedure for evaluating compliance to qualification requirements and requirements to goodwill (further, unless otherwise specified, – assessment of conformity) these persons;

requirements imposed to the candidates applying for the right of receipt of the certificate of the professional accountant of bank, procedure for carrying out certification to the right of receipt of the certificate of the professional accountant of bank (further, unless otherwise specified, – certification) and procedure for carrying out confirmation of qualification by persons having this certificate (further, unless otherwise specified, – qualification confirmation);

qualification requirements to the anti-recessionary managing director in case of bankruptcy of bank, non-bank credit and financial organization (further, unless otherwise specified, – the managing director), procedure and other conditions of special certification of the managing director (further – special certification).

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