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RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of June 6, 2017 No. 226

About approval of the Instruction about accounting treatment, estimates and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of securities of National Bank of the Republic of Belarus

Based on the paragraph of third subitem 3.5 of Item 3 of the Presidential decree of the Republic of Belarus of February 19, 2016 "About enhancement of work with the property withdrawn, arrested or turned into the income of the state" and part one of article 39 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES: No. 63

1. Approve the enclosed Instruction about accounting treatment, estimates and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of securities of National Bank of the Republic of Belarus.

2. Recognize invalid:

the resolution of Board of National Bank of the Republic of Belarus of October 14, 2004 No. 154 "About approval of the Instruction about accounting treatment, estimates and the securities redemptions of National Bank of the Republic of Belarus, the arrested confiscated or turned into the income of the state otherwise" (The national register of legal acts of the Republic of Belarus, 2004, No. 173, 8/11623);

the resolution of Board of National Bank of the Republic of Belarus of December 13, 2006 No. 205 "About modification of the Instruction about accounting treatment, estimates and the securities redemptions of National Bank of the Republic of Belarus, the arrested confiscated or turned into the income of the state otherwise" (The national register of legal acts of the Republic of Belarus, 2007, No. 29, 8/15615).

3. This resolution becomes effective after its official publication.

Chairman of the board

P.V.Kallaur

It is approved

Minister of Finance of the Republic of Belarus

June 6, 2017

 

V. V. Amarin

Approved by the Resolution of Board of National Bank of the Republic of Belarus of June 6, 2017 No. 226

The instruction about accounting treatment, estimates and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of securities of National Bank of the Republic of Belarus

1. This Instruction determines accounting treatment, estimates and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of securities of National Bank of the Republic of Belarus (further - National Bank).

This Instruction extends to the securities emitted by National Bank in paperless form, belonging to legal entities and physical persons - to residents and nonresidents of the Republic of Belarus on the property right or other corporeal right (further - the owner) and addressing in the territory of the Republic of Belarus (further - securities of National Bank).

2. For the purposes of this Instruction the terms below are used in the following values:

competent authority - the state body given according to the legislation authority to make arrest of securities of National Bank and (or) to make decisions on security circulation of National Bank in the income of the state (the address of collection on securities of National Bank);

authorized depositary - the National Bank and (or) depositary determined by the republican unitary enterprise "Republican Central Securities Depository" in coordination with National Bank and the Ministry of Finance of the Republic of Belarus according to the legislation on securities.

Other terms are used in the values determined by the Law of the Republic of Belarus of January 5, 2015 "About the security market" (The national legal Internet portal of the Republic of Belarus, 10.01. 2015, 2/2229).

3. The arrested securities of National Bank are blocked by authorized depositary according to the procedure, established by the legislation on securities, on the account of "depot" of the owner on which they were considered until receipt in authorized depositary of the document of competent authority on seizure, stipulated by the legislation, this competent authority determining procedure for seizure of securities (further - the document on arrest).

4. In day of receipt of the document on arrest or the next working day if the document arrived after the termination of operational day of the representative of depositary:

the authorized depositary, except for National Bank, notifies National Bank on receipt of the document on arrest and account number for transfer of money in case of the payment of interest income, the securities redemption of National Bank specified in this document (in case of their availability on the account of "depot" of the owner);

the authorized depositary notifies competent authority on lack of the securities of National Bank specified in the document on arrest (in case of their absence on the account of "depot" of the owner).

5. If the repayment date of securities of National Bank established by the decision on their release or date of early repayment came in day of receipt of the document on arrest (provided that this document arrived in operational day of the representative of depositary) or during arrest of securities of National Bank, the authorized depositary within 2 working days following repayment date notifies competent authority on repayment date and the number of the extinguished securities of National Bank.

6. National Bank as the issuer performs repayment of the arrested securities of National Bank and (or) payment of interest income for them according to the decision on release of these securities or early repayment and lists to authorized depositary money which is considered on accounts of authorized depositary according to the legislation on securities. Charge of percent on this money is not made.

The authorized depositary lists the specified money to owners of securities of National Bank according to the procedure, established by part three of Item 7 of this Instruction, or in the income of the state according to the procedure, stipulated in Item the 11 or 12 this Instruction.

7. The authorized depositary in case of receipt of the stipulated by the legislation document of competent authority on release of securities of National Bank from arrest (further - the document on arrest removal) will unblock the arrested securities of National Bank according to the procedure, established by the legislation on securities.

The authorized depositary, except for National Bank, in day of receipt of the document on removal of arrest or the next working day if the specified document arrived after the termination of operational day of the representative of depositary, notifies National Bank on receipt of the document on arrest removal.

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