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 four of Article 34, of Article part one 39, of parts seven, the eleventh, thirteenth and fifteenth article 109-1 of the Bank code of the Republic of Belarus, part three of article 173 of the Law of the Republic of Belarus of July 13, 2012 No. 415-Z "About economic insolvency (bankruptcy)", paragraphs two and the third item 4 of article 5 of the Law of the Republic of Belarus of July 12, 2013 "About financial accounting and the reporting" 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. 57-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.
Chairman of the board
N. A. Ermakova
Approved by the Resolution of Board of National Bank of the Republic of Belarus of December 19, 2012 No. 669
1. This Instruction establishes:
the qualification requirements and requirements to goodwill imposed to the head, the chief accountant, their deputies, members of collegiate executive body, board members (supervisory board) of bank, "Development Bank of the Republic of Belarus" open joint stock company, non-bank credit and financial organization (further – bank), except for the members of the supervisory board of "Development Bank of the Republic of Belarus" open joint stock company who are not independent directors, representatives of the state in governing bodies of bank and also to candidates for the corresponding positions, procedure for evaluating compliance to qualification requirements and requirements to goodwill (further, unless otherwise specified, – assessment of conformity) persons applying for occupation of these positions;
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, procedure and other conditions of special certification of the anti-recessionary managing director (further, unless otherwise specified, – special certification).
2. For the purposes of this Instruction terms are used in the following values:
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