RESOLUTION OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF BELARUS

of August 31, 2016 No. 76

On regulation of the security market

Based on the paragraph of the sixth 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", paragraph two of 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 the securities redemption", 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 security circulation in the territory of the Republic of Belarus (is attached);

The instruction about requirements to conditions and procedure of professional activity on securities (is attached).

2. Ceased to be valid according to the Resolution of the Ministry of Finance of the Republic of Belarus of 31.08.2016 No. 78

3. This resolution becomes effective after its official publication.

Approved the Resolution of the Ministry of Finance of the Republic of Belarus of August 31, 2016 No. 76

The instruction about procedure for security circulation in the territory of the Republic of Belarus

Chapter 1. General provisions

1. This Instruction determines procedure for security circulation, including government securities and securities of local executive and administrative organs (further - securities) if other is not established by Regulations on procedure for issue, the address and repayment of the government bonds of the Republic of Belarus placed in the domestic financial market, the approved resolution of Council of Ministers of the Republic of Belarus of September 28, 2017 No. 722, the Instruction about procedure for issue, the address and repayment of government bonds of the Republic of Belarus approved by the resolution of the Ministry of Finance of the Republic of Belarus of July 11, 2018 No. 51.

Action of this Instruction does not extend to the relations connected with security circulation of National Bank, the bank savings book to bearer, checks, deposit and savings certificates.

In this Instruction terms in the values established by Regulations on financing of the commercial organizations under concession of the rights (requirements) at the expense of the funds raised by bond emission or with the subsequent bond emission, the approved Presidential decree of the Republic of Belarus of May 11, 2017 No. 154, the Law of the Republic of Belarus "About the security market", the Law of the Republic of Belarus of July 17, 2017 No. 52-Z "About investment funds" and also the following terms and their determinations are used:

the repo transaction - the transaction on sale (purchase) of securities (the first part of repo) with obligatory subsequent repurchasing (sale) of securities of the same release (investment shares of the same mutual investment fund) through the term determined by the agreement (further - repo term) in the same quantity or in the quantity (but at least one security) reduced by the quantity of the repo of the government bonds or bonds which underwent listing on the stock exchange in which trade system the repo transaction (the second part of repo) is made extinguished within term approved in case of the conclusion of the first part of repo at the price established by this agreement in case of the conclusion of the first part of such transaction;

system of remote servicing - set of technologies for the purposes of transactions which subject are securities (except for documentary securities), and also transactions and other transactions between physical and (or) legal entities, including with nonresidents, within activities of professional participants of the security market, management companies of investment funds, the special financial organizations, the other persons having the right to carry out identification and performing financial transactions with securities, rendering services in connection with implementation of such activities, and also implementation of other activities connected with making of these transactions and (or) rendering such services with use of the software and hardware and technologies providing interaction of specified persons and clients, including transfer of electronic documents and documents in electronic form.

For the purposes of this Instruction:

the term "documents in electronic form" matters, determined by the paragraph the sixth parts one of Item 19 of the resolution of Council of Ministers of the Republic of Belarus of December 30, 2020 No. 773 "About implementation of the Presidential decree of the Republic of Belarus of April 18, 2019 No. 148";

the terms "nonresident" and "resident" have the values determined respectively by subitems 1.10 and 1.11 of Item 1 of article 1 of the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control";

the term "worker" matters, determined by the paragraph the thirteenth parts one of Article 1 of the Labor code of the Republic of Belarus;

the terms "digital signature" and "electronic document" have the values determined respectively by paragraphs the fifteenth and sixteenth article 1 of the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature".

2. In the organized market in the course of security circulation transactions are made:

purchase and sale of shares of open joint stock companies, except for the transactions specified in paragraphs by second or pole of part one of article 25 of the Law of the Republic of Belarus "About the security market";

purchase and sale of issued securities between professional participants of the security market (further – professional participants), except as specified, the established legal acts for securities;

purchase and sale of the bonds provided with right to claim on the credits issued by banks on construction, reconstruction or acquisition of housing on the security of the real estate;

purchase and sale of issued securities of the nonresident issuers allowed to the address in the territory of the Republic of Belarus;

purchase and sale of exchange bonds in trade system of the stock exchange which registered release of exchange bonds;

Repo which conditions of the second part provide transfer of securities in the quantity reduced in comparison with the first part repo (but at least one security);

other transactions of purchase and sale of issued securities and investment shares which conditions of issue (issue) or the legislation on securities provide possibility of the address only in the organized market.

On condition of ensuring confidentiality, integrity and authenticity of information according to the legislation on information, informatization and information security of the transaction in the organized market can be made with use integrated with trade system of the organizer of the securities trading (further – the organizer of trade) the systems of remote servicing taking into account requirements installed by the resolution of Council of Ministers of the Republic of Belarus of December 30, 2020 No. 773 (further – use of system of remote servicing), on the conditions determined in the agreements signed between the organizer of trade and professional participants and taking into account local legal acts of the organizer of trade.

The transactions of purchase and sale which are not specified in part one of this Item are made both on organized, and in the unorganized market if other is not provided by conditions of issue (issue) of securities or the legislation on securities. At the same time transactions of repo with shares and bills of exchange, transactions of repo by person emitting (issued) securities, and also for the account (in interests) of such person, with these securities are not allowed.

3. In the unorganized market in the course of the address the transactions which are not transactions of purchase and sale (exchange, donation, compensation, etc.), and also transactions on exchange of shares for foreign depositary receipts are made in case of repayment of foreign depositary receipts.

4. In cases, stipulated by the legislation about securities, security transactions in the unorganized market, except for security transactions to bearer and bills of exchange, and also the cases provided by paragraphs to the second, third, fifth or ninth part one of Item 8 of this Instruction are made in simple written form by the conclusion of the agreement, signed (confirmed) with persons making the transaction (further - the parties), or the representatives properly authorized by them, including with use of system of remote servicing.

5. In addition to the essential conditions established by part three of article 24 of the Law of the Republic of Belarus "About the security market", the agreement by which conclusion security transactions in the unorganized market are made shall contain the following essential conditions:

data on lack (availability) of restrictions and prohibitions on transactions with the securities which are the subject of the agreement including lack (availability) of prohibition on alienation of shares of joint-stock companies in which property there are capital structures (buildings, constructions) located at check points through Frontier of the Republic of Belarus and used or held for use as duty-free shops, about lack (availability) of encumbrances of these securities by pledge;

data on observance by the seller of requirements of the legislation and (or) the charter of private company (in case of alienation of shares of private company);

date and the state registration number of release and if release of issued securities is not subject to state registration, - identification number of release, the state registration number of investment shares.

In addition to the essential conditions specified in parts one of this Item, the agreement by which conclusion transactions with investment shares are made shall contain the following essential conditions:

the subject of the agreement, including security type - investment share;

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