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RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of June 13, 2016 No. 43

About disclosure of information in the security market

(as amended on 01-04-2021)

Based on the paragraph of the twelfth of part one of article 8 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market" and 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 disclosure of information in the security market it (is applied).

2. Declare invalid the resolution of the Ministry of Finance of the Republic of Belarus of December 21, 2010 No. 157 "About some questions of representation and the publication by members of the security market of the reporting and other information" (The national register of legal acts of the Republic of Belarus, 2011, No. 12, 8/23164).

3. This resolution becomes effective in month after its official publication.

First Deputy Minister

M. L. Yermolovich

Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of June 13, 2016 No. 43

The instruction about procedure for disclosure of information in the security market

Chapter 1. General provisions

1. This Instruction determines procedure for disclosure of information in the security market, including submission of the reporting, members of the security market.

2. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus "About the security market", the Law of the Republic of Belarus of December 9, 1992 No. 2020-XII "About economic societies", the Presidential decree of the Republic of Belarus of May 11, 2017 No. 154 "About financing of the commercial organizations under concession of the rights (requirements) are used".

3. Action of this Instruction extends to the following members of the security market acting in the territory of the Republic of Belarus:

issuers, except for National Bank, the Ministry of Finance, local executive and administrative organs (further - issuers);

nonresident issuers whose issued securities are allowed to placement and (or) the address in the territory of the Republic of Belarus (further - nonresident issuers);

professional participants of the security market (further - professional participants);

persons which became owners of 5 and more percent of common (ordinary) shares of one issuer from total quantity of the common (ordinary) shares emitted by this joint-stock company (further - owners of large blocks of shares).

4. Members of the security market open, including by representation, the periodic reporting and operational information, including information on essential facts (events, actions) (further - operational information). As a part of the periodic reporting and operational information members of the security market shall open complete and authentic data according to the legislation and requirements of this Instruction.

5. Disclosure of information by its placement on single information resource of the security market according to this Instruction is performed by the member of the security market obliged according to the Law of the Republic of Belarus "About the security market" and this Instruction to open information by the specified method, or depositary, the broker or the trustee with whom such participant signs the service provision agreement on placement of information on single information resource of the security market.

6. The periodic reporting constituted monthly as of the first day of every month following for reporting (further - the monthly report), is submitted no later than thirty five calendar days after the termination of month under report if other term is not established by this Instruction.

The periodic reporting constituted quarterly as of April 1, on July 1, on October 1 following the results of reporting quarter by the accruing result since the beginning of year (further - the quarterly report), is submitted no later than thirty five calendar days after the termination of reporting quarter.

The periodic reporting constituted as of January 1 of year following the results of the financial year following for reporting, approved according to the procedure, established by the legislation (further - the annual statement), is submitted no later than April 30 of the year following for reporting, except for to information specified in paragraphs three, the fourth subitem 13.2 of Item 13 of this Instruction which is submitted no later than thirty five calendar days from the date of the termination of accounting year.

Monthly, quarterly, annual reports are submitted:

professional participants, bond issuing institutions, the joint-stock companies which are banks, the non-bank credit and financial organizations, insurance companies, the special financial organizations, and also open joint stock companies with the location in the territory of the Minsk region, Minsk - in Department on securities of the Ministry of Finance (further - Department on securities);

other joint-stock companies - in territorial authorities of the Ministry of Finance on securities on territorial accessory (further - territorial authority on securities).

7. The periodic reporting does not reveal issuers and professional participants on whom the decision on liquidation is made, and also proceeedings about economic insolvency (bankruptcy) are initiated.

Chapter 2. Periodic reporting

8. Joint-stock companies represent:

8.1. as a part of the quarterly (annual) report open joint stock companies:

form 1 "Information on joint-stock company and its activities" according to appendix (further - form 1) *;

balance sheet **;

profit and loss statement **;

form 2 "Information on affiliates" according to appendix (further - form 2) *.

Information specified in paragraphs three, the fourth to part one of this subitem is not submitted open joint stock companies - insurance companies, banks and the non-bank credit and financial organizations, other open joint stock companies which reflect the transactions made by them in financial accounting and constitute accounting (financial) records according to the regulatory legal acts of National Bank regulating questions of financial accounting and accounting (financial) records for banks and the non-bank credit and financial organizations;

8.2. as a part of the annual statement private companies:

form 1 *;

form 2 *;

8.3. the quarterly and (or) annual report is submitted-faced, responsible for preparation of the report, the courier or the registered mail. Information listed in subitems 8. 1, 8.2 presents of Item and included in structure of the quarterly and (or) annual statement, are represented in electronic form (on the magnetic (digital) carrier) in the MS Excel format, and also is unpacked, certified by signatures of the head, chief accountant or head of the organization or the individual entrepreneurs rendering to joint-stock company services in conducting financial accounting and creation of the accounting and (or) financial reporting, the contractor with indication of initials and surnames of above-mentioned persons.

______________________________

* For filling of forms 1 and 2 the files of the MS Excel templates provided on the official site of the Ministry of Finance on the global computer Internet to the address are used: http://minfin.gov.by/securities_department/background/.

"** If other is not established by legal acts, the form according to appendices 1 and 2 to the National accounting standard and the reporting "Individual accounting records" approved by the resolution of the Ministry of Finance of the Republic of Belarus of December 12, 2016 No. 104 is represented.

9. The open joint stock company opens the annual statement including information provided by Items 4-10, 13, of the 14th form 1 *, the balance sheet **, the profit and loss statement **, the report on change of equity **, the cash flow statement **, audit opinion according to accounting (financial) records (except as specified releases from statutory audit of annual accounting records), no later than one month after its approval according to the procedure, established by the legislation on economic societies, by placement on single information resource of the security market, and also by publication in printing mass media or placements on the official site of open joint stock company on the global computer Internet (further - the official site of society) (in case of its availability) or on the official site of Central Securities Depository (further - the central depositary) on the global computer Internet (further - the official site of the central depositary).

In case of disclosure of the annual statement by publication only information provided by Items 4-10, 13, of the 14th form 1* is published in printing mass media.

Information posted on the official sites shall be available to review to all interested persons on permanent basis within five years from the date of its placement.

______________________________

* For filling of forms 1 and 2 the files of the MS Excel templates provided on the official site of the Ministry of Finance on the global computer Internet to the address are used: http://minfin.gov.by/securities_department/background/.

** If other is not established by legal acts, is published the form according to appendices 1-4 to the National accounting standard and the reporting "Individual accounting records", or form according to appendices 1-4 to the Instruction of procedure for creation and submission of the accounting records of insurance companies approved by the resolution of the Ministry of Finance of the Republic of Belarus of January 11, 2010 No. 2, or form according to appendices 1-4 to the Instruction for creation of the annual individual accounting (financial) accounts approved by the resolution of Board of National Bank of the Republic of Belarus of November 9, 2011 No. 507 (is placed).

10. Bond issuing institutions, except for bond issuing institutions, being insurance companies, banks and the non-bank credit and financial organizations, bond issuing institutions who reflect the transactions made by them in financial accounting and constitute accounting (financial) records according to the regulatory legal acts of National Bank regulating questions of financial accounting and accounting (financial) records for banks and the non-bank credit and financial organizations before date of the actual bond redemption:

10.1. as a part of the monthly report bond issuing institutions on whom obligation fulfillment is not provided (except for the special financial organizations) and also it is provided with liability insurance for non-execution (improper execution) of obligations of bond issuing institution, calculation about net assets value of the organization as of the first day of every month in form according to appendix 1 to the Instruction of procedure of payments of the net assets value approved by the resolution of the Ministry of Finance of the Republic of Belarus of June 11, 2012 No. 35 is represented. This information is not submitted professional participants;

10.2. as a part of the quarterly (annual) report the balance sheet *, the report on profits and ubytkakh* is submitted.

In addition it is represented:

information on audit opinion on accounting (financial) records (except as specified releases from statutory audit of annual accounting (financial) accounts) which shall contain: date of audit opinion; details of auditing organization, the auditor - the individual entrepreneur (the name of the organization (for the individual entrepreneur - surname, own name, middle name (if that is available); the location (for the organization - legal address, for the individual entrepreneur - the residence); data on state registration (date of state registration, registration number in the Single state register of legal entities and individual entrepreneurs), the period for which audit was booked; auditor opinion on reliability of accounting (financial) records, and in case of the revealed violations in accounting (financial) records - data on these violations, date and source of publication of audit opinion according to accounting (financial) records in full (further - information on audit opinion on accounting (financial) records), the bond issuing institutions who are economic societies - as a part of the annual statement, other bond issuing institutions - no later than July 1;

form 1-SFO "Information on activities of the special financial organization" according to appendix (further - form 1-SFO) ** as a part of the quarterly report as of July 1 and the annual statement bond issuing institutions, being the special financial organizations.

Requirements of part one and paragraph two of part two of this subitem do not extend to the bond issuing institutions who submitted the quarterly (annual) report according to requirements of subitem 8.1 of Item 8 of this Instruction;

______________________________

* If other is not established by legal acts, the form according to appendices 1 and 2 to the National accounting standard and the reporting "Individual accounting records" is represented.

** For filling of form 1-SFO the file of the MS Excel template provided on the official site of the Ministry of Finance on the global computer Internet to the address is used: http://minfin.gov.by/securities_department/background/.

10.3. information listed in subitems 10.1 and 10.2 of this Item is submitted in electronic form (on the magnetic (digital) carrier) in the MS Excel format, and also is unpacked, certified by signatures of the head, chief accountant or head of the organization or the individual entrepreneurs rendering to bond issuing institution of service in conducting financial accounting and creation of the accounting and (or) financial reporting, the contractor with indication of initials and surnames of above-mentioned persons and it is represented the courier or the registered mail.

11. The bond issuing institution opens the quarterly report containing the balance sheet * and the profit and loss statement * no later than thirty five calendar days after the termination of reporting quarter, the annual statement containing the balance sheet *, the profit and loss statement *, audit opinion according to accounting (financial) records (except as specified releases from statutory audit of annual accounting (financial) accounts) - no later than April 30 of the year following for reporting by placement on single information resource of the security market, and also by publication in printing mass media or placements on the official site on the global computer Internet (further - the official site of bond issuing institution) (in case of its availability) or on the official site of the central depositary.

In case of disclosure of the annual statement by publication information on audit opinion established by the paragraph the second parts two of subitem 10.2 of Item 10 of this Instruction is published in printing mass media.

The audit opinion according to accounting (financial) records (except as specified releases from statutory audit of annual accounting (financial) accounts) reveals the bond issuing institutions who are economic societies - as a part of the annual statement, other bond issuing institutions - no later than July 1.

The requirements to disclosure of the annual statement established by parts of first or third of this Item do not extend to bond issuing institutions, being the open joint stock companies which opened the annual statement according to requirements of Item 9 of this Instruction.

Information posted on the official sites shall be available to review to all interested persons on permanent basis before bond redemption.

______________________________

* If other is not established by legal acts, the form according to appendices 1 and 2 to the National accounting standard and the reporting "Individual accounting records", or form according to appendices 1 and 2 to the Instruction of procedure for creation and submission of accounting records of insurance companies, or form according to appendices 1 and 2 to the Instruction for creation of annual individual accounting (financial) accounts is represented.

12. Nonresident issuers open the annual statement in one of official languages of the Republic of Belarus (fidelity of the translation or authenticity of the signature of the translator shall be attested notarially) no later than thirty calendar days from the date of its approval or disclosure according to the legislation of the foreign state which is the place of organization of the nonresident issuer or the place of state registration or other registration of issued securities of the nonresident issuer and if that is the international organization - its constituent or internal documents.

As a part of the annual statement the nonresident issuer opens annual accounting (financial) accounts, the annual consolidated accounting (financial) accounts constituted according to International accounting standards (further - IFRS) or others, other than IFRS, internationally acknowledged rules, and also audit opinion of the foreign auditor (foreign auditing organization) who, (which) according to foreign law can check such reporting, or the Belarusian auditor - the individual entrepreneur (the Belarusian auditing organization).

The nonresident issuer opens the annual statement by its placement on single information resource of the security market, and also by placement on the official site of the organizer of the securities trading who admitted issued securities of the nonresident issuer to trading on the global computer Internet (further - the official site of the organizer of trade). Information posted on the official site of the organizer of trade shall be available to review to all interested persons on permanent basis within five years from the date of its placement (in case of the admission to placement and (or) the circulation of the shares emitted by the nonresident issuer) or before bond redemption, emitted by the nonresident issuer.

13. Professional participants represent:

13.1. as a part of the monthly report:

information on the size of equity (net assets) as of the first day of every month in form according to appendix 3 to the Instruction of procedure of payments of net assets value;

information on the amount of borrowed funds of the professional participant;

information on availability (absence) of pending obligations before creditors and on payments in the budget;

form 3 "Information on securities which owners are nonresidents of the Republic of Belarus" according to appendix (further – form 3) *. Information is submitted depositaries (except for depositaries in case of lack of accounts of "depot" at them opened for nonresidents or absence on such accounts of "depot" of securities);

form 3-ORTsB "Information on the transactions made in trade system of the organizer of the securities trading" according to appendix (further – form 3-ORTsB). Information is submitted the organizer of trade no later than three working days after the termination of month under report;

form 3-NRTsB "Information on the transactions made in the unorganized market" according to appendix (further – form 3-NRTsB). Information is submitted Belarusian Currency and Stock Exchange open joint stock company no later than four working days after the termination of month under report.

Information specified in paragraphs the second or fourth to part one of this subitem is not submitted professional participants, being banks and the non-bank credit and financial organizations, other professional participants who reflect the transactions made by them in financial accounting and constitute accounting (financial) records according to the regulatory legal acts of National Bank regulating questions of financial accounting and accounting (financial) records for banks and the non-bank credit and financial organizations;

13.2. as a part of the quarterly report:

form 4 "Information on activities of the professional participant of the security market" according to appendix (further - form 4) *;

form 5 "Information on shareholders" according to appendix (further - form 5) *;

form 2 * (it is not represented the professional participants who are not economic societies);

13.3. as a part of the annual statement:

the documents specified in subitem 13.2 of this Item;

form 6 "Information on the bonds which are in property of the Republic of Belarus" according to appendix (further - form 6) *. Information is submitted depositaries;

balance sheet **;

profit and loss statement **;

information on audit opinion on accounting (financial) records.

Requirements of paragraphs of the fourth or sixth of part one of this subitem do not extend to the professional participants who submitted the annual statement according to requirements of subitem 8.1 of Item 8 or part one and paragraph two of part two of subitem 10.2 of Item 10 of this Instruction, other professional participants who reflect the transactions made by them in financial accounting and constitute accounting (financial) records according to the regulatory legal acts of National Bank regulating questions of financial accounting and accounting (financial) records for banks and the non-bank credit and financial organizations;

______________________________

* For filling of forms 2-6 the files of the MS Excel templates provided on the official site of the Ministry of Finance on the global computer Internet to the address are used: http://minfin.gov.by/securities_department/background/.

** If other is not established by legal acts, the form according to appendices 1 and 2 to the National accounting standard and the reporting "Individual accounting records is represented.";

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