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

Based on the paragraph of the twelfth of part one of Article 8, of Article part four 55, of part one of article 58 of the Law of the Republic of Belarus of January 5, 2015 No. 231-Z "About the security market", No. 277 "About some questions of regulation of 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: parts three of subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of April 28, 2006

1. Approve the Instruction about procedure for disclosure of information in the security market it (is applied).

1-1. Determine that the annual accounting and (or) financial reporting of the issuer of unsecured and exchange bonds constituted according to the legislation of the Republic of Belarus, the guarantor whose guarantee provides obligation fulfillment of the issuer on bonds is subject to statutory audit once in three years, since the year following after year of state registration (registration) of release of such bonds if other frequency is not established by the legislation on auditor activities.

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.

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), their beneficial and other owners;

persons specified in part one of article 58 of the Law of the Republic of Belarus "About the security market";

guarantors whose guarantee provides obligation fulfillment of bond issuing institutions (further – guarantors).

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 open complete and authentic data according to the legislation and requirements of this Instruction.

5. Disclosure of information by its placement on the single portal of the financial market (further – EPFR) taking into account technical requirements of the operator of EPFR 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 EPFR.

6. The periodic reporting constituted daily as of the beginning of operational day (further – the daily report), is submitted no later than 12:00 this operational day.

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 if other term is not established by this Instruction.

The daily report is submitted in Department on securities of the Ministry of Finance (further – Department on securities) by depositaries.

If other is not determined by part seven of this Item, monthly, quarterly, annual reports are submitted:

professional participants, bond issuing institutions, guarantors, the open 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;

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

Professional participants have the right to submit monthly, quarterly, annual reports in Department on securities through the private office of legal entities in the Automated system of the organization of work of Department on securities placed on the global computer Internet to the address: https://securities.minfin.gov.by (further – private office), or according to the paragraph the second parts six of this Item.

7. The periodic reporting does not reveal issuers and professional participants on whom the decision on liquidation is made, and also insolvency proceedings or bankruptcy are initiated (further – bankruptcy).

Chapter 2. Periodic reporting

8. Open joint stock companies as a part of the quarterly (annual) report represent:

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

balance sheet, profit and loss statement **.

Information specified in part one of this Item is submitted in electronic form (on the digital carrier) in the MS Excel format, and information specified in the paragraph the second to part one of this Item is also unpacked, certified by signatures of the head (authorized by it persons), the chief accountant or the head of the organization or the individual entrepreneur 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.

The quarterly and (or) annual report is submitted-faced, responsible for preparation of the report, the courier or the registered mail.

Information specified in paragraph three of part one of this Item 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 the accounting and (or) financial reporting according to the regulatory legal acts of National Bank regulating questions of financial accounting and the accounting and (or) financial reporting for banks and the non-bank credit and financial organizations.

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* For filling of form 1 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: https://www.minfin.gov.by/ru/securities_department/information/templates/.

** The forms established respectively by 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 are used.

9. The open joint stock company opens the annual statement including information provided by Items 4-10, 13, of the 14th form 1 *, audit opinion according to the annual accounting and (or) financial reporting (except as specified releases from statutory audit of annual accounting records) with appendix to it of the accounting and (or) financial reporting of the audited face concerning which the auditor opinion is expressed, and in case of release from statutory audit of the annual accounting and (or) financial reporting – the accounting and (or) financial reporting ** in the structure specified in paragraphs by second or pole of part one of Item 1 of article 15 of the Law of the Republic of Belarus of July 12, 2013 to No. 57-Z "About financial accounting and the reporting", no later than one month after its approval according to the procedure, established by the legislation on economic societies, by placement on EPFR, and also by publication in printing mass media or placements on the official site of open joint stock company on the global computer Internet (in case of its availability) (further – the official site of society), and in case of lack of the official site of society – 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.

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* For filling of form 1 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: https://www.minfin.gov.by/ru/securities_department/information/templates/.

** Depending on the subject opening information the forms established respectively by appendices 1-4 to the National accounting standard and the reporting "Individual accounting records" or the forms established by appendices 1-4 to the Instruction about 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 the forms established by 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 are used.

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 the accounting and (or) financial reporting according to the regulatory legal acts of National Bank regulating questions of financial accounting and the accounting and (or) financial reporting for banks and the non-bank credit and financial organizations before date of the actual bond redemption:

10.1. structure 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 of net assets value of the organization as of the first day of every month in the form established by appendix 1 to the Instruction about 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, and also information on the amounts of the provided ensuring obligation fulfillment in the form of the guarantee, guarantees, pledge of the property, including property rights considered on balance of bond issuing institution and provided in ensuring obligation fulfillment of the third parties, and the different ways of providing which are not stopped for the same date is represented. This information is not submitted professional participants;

10.2. as a part of the quarterly (annual) report are represented:

form 2 "Information on bond issuing institution and his activities" according to appendix (further – form 2) *;

balance sheet, profit and loss statement **.

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

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* For filling of form 2 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: https://www.minfin.gov.by/ru/securities_department/information/templates/.

** The forms established respectively by appendices 1 and 2 to the National accounting standard and the reporting "Individual accounting records" are used.

*** 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: https://www.minfin.gov.by/ru/securities_department/information/templates/.

10.3. information listed in subitems 10.1 and 10.2 of this Item is submitted in electronic form (on the digital carrier) in the MS Excel format (except for forms 2), and information listed in subitem 10.1 and the paragraph the second to part one and part two of subitem 10.2 of this Item, is also unpacked, certified by signatures of the head (authorized by it persons), the chief accountant or the head of the organization or the individual entrepreneur 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.

10-1. The guarantor before date of the actual repayment of bond issue which guarantee provides obligation fulfillment of their issuer as a part of the monthly report calculation of net assets value as of the first day of every month in the form established by appendix 1 to the Instruction about procedure of payments of net assets value, and also information on the amounts of the provided ensuring obligation fulfillment in the form of the guarantee is represented, to guarantee, pledge of the property, including property rights considered on balance of the guarantor and provided in ensuring obligation fulfillment of the third parties, and the different ways of providing which are not stopped for the same date.

Information specified in part one of this Item is submitted in electronic form (on the digital carrier) in the MS Excel format, and also is unpacked, certified by signatures of the head (authorized by it persons), the chief accountant or the head of the organization or the individual entrepreneur rendering to the guarantor 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 submitted the courier or the registered mail.

Information specified in part one of this Item before date of the actual repayment of bond issue which obligation fulfillment of the issuer is provided with the guarantee is also submitted the guarantor to bond issuing institution monthly no later than thirty calendar days after the termination of month under report.

10-2. The guarantor before date of the actual repayment of bond issue (except for housing bonds) which guarantee provides obligation fulfillment of their issuer, as a part of the annual statement reveals audit opinion according to the annual accounting and (or) financial reporting of the guarantor (except as specified releases from statutory audit of the annual accounting and (or) financial reporting) who is subject to statutory audit with the frequency established in Item 1-1 of the resolution which approved this Instruction with appendix to it of the accounting and (or) financial reporting of the audited face concerning which the auditor opinion is expressed.

The guarantor before date of the actual repayment of release of housing bonds which guarantee provides obligation fulfillment of their issuer as a part of the annual statement reveal:

audit opinion according to the annual accounting and (or) financial reporting of the guarantor with appendix to it of the accounting and (or) financial reporting of the audited face concerning which the auditor opinion is expressed;

audit opinion by results of audit of reliability of calculation of net assets value of the guarantor.

Information specified in parts one and the second this Item reveals by placement on EPFR, and also on the official site of the guarantor on the global computer Internet (in case of its availability) (further – the official site of the guarantor), and in case of lack of the official site of the guarantor – on the official site of the central depositary no later than July 1 of the year following after year of carrying out statutory audit of its annual accounting and (or) financial reporting constituted according to the legislation of the Republic of Belarus.

11. The bond issuing institution opens by placement on EPFR, and also by publication in printing mass media or placements on the official site on the global computer Internet (in case of its availability) (further – the official site of bond issuing institution), and in case of lack of the official site of bond issuing institution – on the official site of the central depositary:

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