State registration of stock issue, additional stock issue, with the exception of stocks placed using foreign depositary receipts and through public offering, is carried out pursuant to Law of the Republic of Belarus No. 433-З as of 28 October 2008 on the Fundamental Principles of Administrative Procedures, Law of the Republic of Belarus No. 231-З as of 5 January 2015 on Securities Market, Law of the Republic of Belarus No. 52-З as of 17 July 2017 on Investment Funds; Decree of the President of the Republic of Belarus No. 240 as of 25 June 2021 on Administrative Procedures Carried Out in Relation to Business Entities; Resolution of the Council of Ministers of the Republic of Belarus No. 548 as of 24 September 2021 on Administrative Procedures Carried Out in Relation to Business Entities; Resolution of the Ministry of Finance of the Republic of Belarus No. 13 as of 17.03.2022 on Approval of Rules of Administrative Procedures; Resolution of the Council of Ministers of the Republic of Belarus No. 175 as of 25 March 2022 on Amendments to the Resolutions of the Council of Ministers of the Republic of Belarus on Administrative Procedures Carried Out in Relation to Business Entities; and Order of the Prime Minister of the Republic of Belarus No. 119р as of 27 April 2020 on Administrative Procedures Expected to Be Converted into Electronic Form.
To submit a request for an AP, you should carry out proper authentication on the CESP through the Unified Identification System for Individuals and Legal Entities (UIS for Is&LEs) (using a valid private key the Public Key Certificate (PKC) of which was issued by the National Certification Centre of the State Public Key Management System (RUTs GosSUOK), biometric identification documents, and other methods of proper authentication available in the UIS for Is&LEs, select the required procedure from the list of available services and procedures, click on the "Receive" button, fill out an electronic form and attach electronic copies of the required documents in PDF format and send the application to the competent authority for consideration thereof and state registration of stock issue, additional stock issue, with the exception of stocks placed using foreign depositary receipts and through public offering.
The request acceptance notice and the results of request consideration will be indicated in the user's My Account on the CESP of the National Automated Information System (NAIS) in the My Services section when viewing a previously made request.
If such a need arises, the administrative decision can be downloaded in the My Services section in the form of an electronic document signed using an EDS of an official from the competent authority, with documents attached (depending on the results of the AP).
The applicant may view and print (save to a local computer) the result of the AP, an administrative decision, and can also view and print (save to a local computer) documents (if any) attached to thereto
The AP takes 15 days; in case of making a request to other government bodies or other organisations, this period is 30 days; the said period may be suspended for the duration of the verification of the accuracy of the information contained in the documents submitted for state registration of the stock (additional) issue, but not more than for twenty days. If a need arises to conduct a office audit, this period can be up to 50 days
The state duty of:
0.2 percent of the amount of the (additionally) issued stocks, but not more than 300 basic units for state registration of the (additional) issue of joint-stock company stocks (except for a joint-stock company created through the reorganisation of another entity, a joint-stock company to which another legal entity is merged, and except for cases of increasing the authorised capital at the expense of the equity capital of the joint-stock company);
0.2 percent of the amount of the (additionally) issued stocks, but not more than 30 basic units for state registration of the (additional) issue of stocks of a joint-stock company created through the reorganisation of another entity, or a joint-stock company to which another legal entity is merged;
10 basic amounts for state registration of the (additional) issue of joint-stock company stocks issued at the expense of the equity capital of the joint-stock company.
Benefits that apply to the amount of the charge for the administrative procedure are established in Article 285 Clause 10 Subclause 10.11 of the Tax Code of the Republic of Belarus.
Joint-stock companies of the Republic of Belarus
Administrative decision (information letter).
Other actions the competent authority takes to execute the administrative decision:
for state registration of an additional stock issue, entering information into the State Register of Securities about an increase in the total number of stocks, which certifies the same scope of rights, in the issue previously registered in the State Register of Securities;
for state registration of a stock issue previously unregistered in the State Register of Securities, assigning a state registration number to the stock issue, and entering the relevant information into the State Register of Securities;
transfer of the (additional) stock issue to the depository system for centralised accounting.