At present, the normative legal base that regulates the
equity market, directly or indirectly, includes: the Civil Code,
the Investment Code, the Banking Code, the Tax Code, the Administrative
Code of the Republic of Belarus, the Code of Commercial Navigation,
10 Laws of the Republic of Belarus, 6 Decrees and 18 Edicts of the
President of the Republic of Belarus, 3 Ordinances of the Supreme
Council, 1 Ordinance of the Presidium of the Supreme Council, 120
Ordinances of the Council of Ministers, and above one hundred of
agency-level normative legal acts.
The following are the main normative legal acts:
- The
Civil Code of the Republic of Belarus specifies legal status
of the civil circulation participants, grounds for arising and
procedure of exercising the proprietary right and other proprietary
interests; regulates relationships between people involved or
participating in business undertakings; regulates contractual
and other obligations, as well as other proprietary and related
personal non-proprietary relations;
- The
Investment Code of the Republic of Belarus has been adopted
in order to create favourable investment climate in the Republic
of Belarus. The Code establishes general legal terms for investment
activities in the Republic of Belarus, and is aimed at encouragement
and governmental support thereof, and at defense of investors’
rights in the territory of the Republic of Belarus;
- The
Law of the Republic of Belarus of March 12, 1992 “On Securities
and Stock Exchanges” specifies the uniform procedure of issue
and circulation of securities, regulation of activities of professional
equity market participants, and principles of the stock exchange
organization and operation;
- The
Law of the Republic of Belarus of December 09, 1992 “On Joint
Stock Companies, Limited Liability Companies, and Double Liability
Companies” establishes legal and economic basis of operation,
reorganization and dissolution of joint stock companies, limited
liability companies, and additional liability companies, as well
as rights and obligation of their members;
- The
Law of the Republic of Belarus of July 09, 1999 “On Depository
Activity and Central Securities Depository in the Republic of
Belarus” establishes legal basis for carrying out depository
activities with involvement of securities in the Republic of Belarus,
as well as the rights and obligations, and responsibility of its
participants; powers and duties of the Central Depository and
depositories. Upon adoption of such normative legal act, registration
of the proprietary rights to securities within the two-level depository
system was commenced;
-
The Law of the Republic of Belarus of December 13, 1999 “On Circulation
of Promissory Notes and Bills of Exchange” specifies general
terms governing the procedure of issue and circulation of promissory
notes and bills of exchange in the territory of the Republic of
Belarus, which terms ensure adequate protection of interests of
the Government, and the rights, freedoms, and lawful interests
of the billholders, makers, other participants of bill circulation;
-
Edict of the President of the Republic of Belarus No. 366 dated
July 20, 1998 “On Improvement of the Governmental Equity Market
Regulation System” establishes the structure of the depository
system in the Republic of Belarus, its tasks and system of operation;
establishes the Belarusian Currency Market Public Joint Stock
Company, and empowers it with the right to trade in all kinds
of securities, except for the ‘Property’ registered privatization
bonds.
- Ordinance of the Council of Ministers of the Republic of Belarus
No. 1740 dated November 14, 2000 “On Certain Aspects of Circulation
of Securities Issued by Joint Stock Companies” establishes the
procedure of dealing in corporate securities in the secondary
market.
Ordinance of the Council of Ministers of the Republic of Belarus No. 456 dated May 8, 1997 “On Defense of Investors’ Rights” has been adopted with a view to defend the investors’ rights from unfair competitors in the money-market; it specifies responsibility of all currency market participants for infringement of securities-law.
Further equity market development in the Republic of Belarus is regulated by the following documents:
- Conception of equity market operation and development
in the Republic of Belarus. Its main purpose is to identify
and create necessary conditions for formation of an integrated,
liquid, transparent, efficient equity market as a constituent
part of the financial market in the Republic of Belarus, which
will be governed by the State and will integrate into the world
equity market;
- Conception of securities clearing system formation in
the Republic of Belarus. Its purpose is to create an
efficient transparent system of clearing and settlement of dealings
in securities of all types;
- Development of e-trade in the stock market of the Republic
of Belarus, according to which all transactions in the
exchange and off-exchange secondary market shall be closed through
the system of remote point-of-sale terminals accessed by all professional
participants of the national stock market;
- Plan of measures for implementation of the National
Program of Investments Attraction to Economy of the Republic of
Belarus for the period until the end of 2010; its main
purpose is to create favourable investment climate in all sectors
of the financial market.
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