1
RESOLUTION OF THE BOARD OF THE NATIONAL BANK
OF THE REPUBLIC OF BELARUS
February 12, 2016 No. 72
On establishment of forms of reporting on activities in the over-the-counter forex market and approval of the Instruction on the scope, timescales and procedure of drawing up and submission of reporting on the issues related to activities in the over-the-counter forex market
By virtue of paragraph five Part four of Clause 6, paragraph two Part one of Clause 8, paragraph four of Clause 9, paragraphs nine and ten of Clause 17 in Edict of the President of the Republic of Belarus No. 231 dated June 4, 2015 “On Carrying out Activities in the Over-the-counter Forex Market”, and Part one of Article 39 in the Banking Code of the Republic of Belarus, the Board of the National Bank of the Republic of Belarus DECIDES:
- The following shall be established:
the forex company’s form of reporting on activities in the over-the-counter forex market, according to Annex 1 to this Resolution;
the forex company’s form of reporting required for assessment of financial sustainability, according to Annex 2 to this Resolution;
the forex company’s form of reporting on all transactions in non-deliverable over-the-counter financial instruments, according to Annex 3 to this Resolution;
the form of reporting of the bank, nonbank financial institution on activities in the over-the-counter forex market, according to Annex 4 to this Resolution;
the form of reporting of the bank, nonbank financial institution on all transactions in non-deliverable over-the-counter financial instruments, according to Annex 5 to this Resolution;
the National Forex Center’s form of reporting on activities in the over-the-counter forex market, according to Annex 6 to this Resolution;
the National Forex Center’s form of reporting on transactions of forex companies, banks, nonbank financial institutions on non-deliverable over-the-counter financial instruments, according to Annex 7 to this Resolution;
the National Forex Center’s form of reporting on financial sustainability of forex companies, according to Annex 8 to this Resolution.
- The enclosed Instruction on the scope, timescales and procedure of drawing up and submission of reporting on the issues related to activities in the over-the-counter forex market shall be approved.
- It shall be established that information on any detected violations in the conduct of transactions in non-deliverable over-the-counter financial instruments by forex companies, banks, nonbank financial institutions shall be submitted to the National Bank by the National Forex Center no later than the business day immediately following the day when such violation has been detected.
- It shall be determined that reporting drawn up on the reporting formsaccording to Annexes 1, 4, 6 and 7 to this Resolution shall be submitted to the National Bank of the Republic of Belarus no later than July 15, 2016.
- This Resolution shall come into effect from March 7, 2016.
Chairman of the Board / P. V. Kallaur
Annex 1
to Resolution
of the Board of the National Bank
of the Republic of Belarus
February 12, 2016 No 72
Form
Reporting of a forex company on activities in the over-the-counter forex market
______20__
Full name of the forex company
e-address (www, e-mail)
Person responsible for preparation of reporting
(position, first name, given name,
patronymic (if any), contact telephone number, e-mail address)
Payer’s identification number(UNP) / Identification codeSECTION I
key performance indicators
Table 1
(thousand roubles)
Name of the indicator / Code of line / Value1 / 2 / 3
Assets (the sum of lines 102, 108, 113, 116, 117, 118) / 101
including:
cash and cash equivalents (the sum of lines 103, 104, 107) / 102
including:
cash on hand / 103
cash in bank, nonbank financial institutions / 104
including:
residents / 105
nonresidents / 106
other / 107
financial investments (the sum of lines 109 and 112) / 108
including:
loans (the sum of lines 110 and 111) / 109
including:
extended to residents / 110
extendedtononresidents / 111
other / 112
accounts receivable (the sum of lines 114 and 115) / 113
including:
of residents / 114
of nonresidents / 115
fixedassets / 116
intangible assets / 117
other / 118
Equity capital (the sum of lines 120, 121, 122, 123, 125, 126) / 119
including:
authorized capital / 120
surplus fund / 121
reserve fund / 122
retained profits (uncovered loss) / 123
including:
funds formed at the expense of profit / 124
net profit (loss) of the reporting period / 125
other / 126
Liabilities (the sum of lines 128 and 129) / 127
including:
long-term / 128
current / 129
including:
current taxes and charges payable / 130
Table 2
(thousand USD)
Name of the indicator / Code of line / Value1 / 2 / 3
Margin security of customers of a forex company / 201
including:
the amount of the security capital / 202
Forex company’s resources in the guarantee fund / 203
Margin security of a forex company on accounts with external counterparties and the National Forex Center (the sum of lines 205–207) / 204
including:
residents / 205
National Forex Center / 206
nonresidents / 207
Table 3
(thousand roubles)
Name of the indicator / Code of line / Value1 / 2 / 3
Current operating income (the sum of lines 302–304) / 301
including:
income from educational services rendered / 302
income from consulting services rendered / 303
other / 304
Current operating expenses (the sum of lines 306 and 307) / 305
including:
administrative expenses / 306
other / 307
Income from investment activity / 308
Expenses for investment activity / 309
Income from financial activity / 310
Expenses for financial activity / 311
Profit (loss) before taxes / 312
Tax on income / 313
Other taxes, charges and payments calculated from profits / 314
Net profit (loss) / 315
Table 4
(thousand USD)
Name of the indicator / Code of line / Value1 / 2 / 3
Remuneration received by a forex company from its customers for conducting transactions initiated by the same (the sum of lines 402 and 409) / 401
including:
transactions conducted by a forex company without funneling of customers’ aggregate open position to an external counterparty or the National Forex Center (the sum of lines 403 and 406) / 402
including:
from resident customers (the sum of lines 404 and 405) / 403
including:
natural persons / 404
legal entities / 405
from nonresident customers (the sum of lines 407 and 408) / 406
including:
natural persons / 407
legal entities / 408
transactions conducted by a forex company with funneling of customers’ aggregate open position to an external counterparty or the National Forex Center (the sum of lines 410 and 413) / 409
including:
from resident customers (the sum of lines 411 and 412) / 410
including:
natural persons / 411
legal entities / 412
from nonresident customers (the sum of lines 414 and 415) / 413
including:
natural persons / 414
legal entities / 415
Funds paid by a forex company to its customers (the sum of lines 417 and 420) / 416
including:
to residents (the sum of lines 418 and 419) / 417
including:
natural persons / 418
legal entities / 419
to nonresidents (the sum of lines 421 and 422) / 420
including:
natural persons / 421
legal entities / 422
Remuneration paid by a forex company to external counterparties, the National Forex Center for conducting transactions initiated by such forex company (the sum of lines and 425) / 423
including:
residents / 424
nonresidents / 425
Funds paid to a forex company by external counterparties, the National Forex Center (the sum of lines 427 and 428) / 426
including:
residents / 427
nonresidents / 428
SECTION II
data on transactions in non-deliverable over-the-counter financial instruments initiated by customers of a forex company
Table 1
(units)
Name of the indicator / Code of line / Value1 / 2 / 3
Quantity of customers of a forex company (the sum of lines 502, 509, 516) / 501
including:
active (the sum of lines 503 and 506) / 502
including:
residents (the sum of lines 504 and 505) / 503
including:
natural persons / 504
legal entities / 505
nonresidents (the sum of lines 507 and 508) / 506
including:
natural persons / 507
legal entities / 508
First time customers (the sum of lines 510 and 513) / 509
including:
residents (the sum of lines 511 and 512) / 510
including:
natural persons / 511
legal entities / 512
nonresidents (the sum of lines 514 and 515) / 513
including:
natural persons / 514
legal entities / 515
other / 516
Quantity of positions opened by customers of a forex company in the reporting period (the sum of lines 518, 525, 532) / 517
including:
by active (the sum of lines 519 and 522) / 518
including:
by residents (the sum of lines 520 and 521) / 519
including:
by natural persons / 520
by legal entities / 521
by nonresidents (the sum of lines 523 and 524) / 522
including:
by natural persons / 523
by legal entities / 524
by first time customers (the sum of lines 526 and 529) / 525
including:
by residents (the sum of lines 527 and 528) / 526
including:
by natural persons / 527
by legal entities / 528
by nonresidents(the sum of lines 530 and 531) / 529
including:
by natural persons / 530
by legal entities / 531
other / 532
Quantity of transactions initiated by customers of a forex company and conducted with positive financial result (the sum of lines 534, 541, 548) / 533
including:
by active (the sum of lines 535 and 538) / 534
including:
by residents (the sum of lines 536 and 537) / 535
including:
by natural persons / 536
by legal entities / 537
by nonresidents (the sum of lines 539 and 540) / 538
including:
by natural persons / 539
by legal entities / 540
by first time (the sum of lines 542 and 545) / 541
including:
by residents (the sum of lines 543 and 544) / 542
including:
by natural persons / 543
by legal entities / 544
by nonresidents (the sum of lines 546 and 547) / 545
including:
by natural persons / 546
by legal entities / 547
other / 548
Quantity of transactions initiated by customers of a forex company and conducted with negative financial result (the sum of lines 550, 557, 564) / 549
including:
by active (the sum of lines 551 and 554) / 550
including:
by residents (the sum of lines 552 and 553) / 551
including:
by natural persons / 552
by legal entities / 553
by nonresidents (the sum of lines 555 and 556) / 554
including:
by natural persons / 555
by legal entities / 556
by first time (the sum of lines 558 and 561) / 557
including:
by residents (the sum of lines 559 and 560) / 558
including:
by natural persons / 559
by legal entities / 560
by nonresidents (the sum of lines 562 and 563) / 561
including:
by natural persons / 562
by legal entities / 563
other / 564
Table 2
(thousand USD)
Name of the indicator / Code of line / Value1 / 2 / 3
Increase of customers’ margin security in a forex company (the sum of lines 602 and 618) / 601
including:
at the expense of money placed on current (settlement) bank accounts of a forex company by its customers (the sum of lines 603, 610, 617) / 602
including:
by active (the sum of lines 604 and 607) / 603
including:
by residents (the sum of lines 605 and 606) / 604
including:
by natural persons / 605
by legal entities / 606
by nonresidents (the sum of lines 608 and 609) / 607
including:
by natural persons / 608
by legal entities / 609
by first time customers (the sum of lines 611 and 614) / 610
including:
by residents (the sum of lines 612 and 613) / 611
including:
by natural persons / 612
by legal entities / 613
by nonresidents (the sum of lines 615 and 616) / 614
including:
by natural persons / 615
by legal entities / 616
other / 617
due to positive result of transactions of a forex company customers (the sum of lines 619, 626, 633) / 618
including:
active (the sum of lines 620 and 623) / 619
including:
residents (the sum of lines 621 and 622) / 620
including:
natural persons / 621
legal entities / 622
nonresidents (the sum of lines 624 and 625) / 623
including:
natural persons / 624
legal entities / 625
first time (the sum of lines 627 and 630) / 626
including:
residents (the sum of lines 628 and 629) / 627
including:
natural persons / 628
legal entities / 629
nonresidents (the sum of lines 631 and 632) / 630
including:
natural persons / 631
legal entities / 632
other / 633
Reduction of customers’ marginal security in a forex company (the sum of lines 635 and 651) / 634
including:
due to money payments by a forex company to its customers (the sum of lines 636, 643, 650) / 635
including:
to active (the sum of lines 637 and 640) / 636
including:
to residents (the sum of lines 638 and 639) / 637
including:
to natural persons / 638
to legal entities / 639
to nonresidents (the sum of lines 641 and 642) / 640
including:
to natural persons / 641
to legal entities / 642
to first time customers (the sum of lines 644 and 647) / 643
including:
to residents (суммастрок 645 и 646) / 644
including:
to natural persons / 645
to legal entities / 646
to nonresidents (the sum of lines 648 and 649) / 647
including:
to natural persons / 648
to legal entities / 649
other / 650
due to negative result of transactions of a forex company customers (the sum of lines 652, 659, 666) / 651
including:
active (the sum of lines 653 and 656) / 652
including:
residents (the sum of lines 654 and 655) / 653
including:
natural persons / 654
legal entities / 655
nonresidents (the sum of lines 657 and 658) / 656
including:
natural persons / 657
legal entities / 658
first time customers (the sum of lines 660 and 663) / 659
including:
residents (the sum of lines 661 and 662) / 660
including:
natural persons / 661
legal entities / 662
nonresidents (the sum of lines 664 and 665) / 663
including:
natural persons / 664
legal entities / 665
other / 666
Aggregate open position of a forex company customers (the sum of lines 668, 675, 682) / 667
including:
active (the sum of lines 669 and 672) / 668
including:
residents (the sum of lines 670 and 671) / 669
including:
natural persons / 670
legal entities / 671
nonresidents (the sum of lines 673 and 674) / 672
including:
natural persons / 673
legal entities / 674
first time (the sum of lines 676 and 679) / 675
including:
residents (the sum of lines 677 and 678) / 676
including:
natural persons / 677
legal entities / 678
nonresidents (the sum of lines 680 and 681) / 679
including:
natural persons / 680
legal entities / 681
other / 682
Table 3
(thousand USDСША)
Name of the indicator / Code of line / Value1 / 2 / 3
Cumulative positive financial result of transactions initiated by a forex company customers (the sum of lines 702, 709, 716) / 701
including:
by active (the sum of lines 703 and 706) / 702
including:
by residents (the sum of lines 704 and 705) / 703
including:
by natural persons / 704
by legal entities / 705
by nonresidents (the sum of lines 707 and 708) / 706
including:
by natural persons / 707
by legal entities / 708
by first time customers (the sum of lines710 and 713) / 709
including:
by residents (the sum of lines 711 and 712) / 710
including:
by natural persons / 711
by legal entities / 712
by nonresidents (the sum of lines 714 and 715) / 713
including:
by natural persons / 714
by legal entities / 715
other / 716
Cumulative negative financial result of transactions initiated by a forex company customers (the sum of lines 718, 725, 732) / 717
including:
by active (the sum of lines 719 and 722) / 718
including:
by residents (the sum of lines 720 and 721) / 719
including:
by natural persons / 720
by legal entities / 721
by nonresidents (the sum of lines 723 and 724) / 722
including:
by natural persons / 723
by legal entities / 724
first time customers (the sum of lines726 and 729) / 725
including:
by residents (the sum of lines 727 and 728) / 726
including:
by natural persons / 727
by legal entities / 728
by nonresidents (the sum of lines 730 and 731) / 729
including:
by natural persons / 730
by legal entities / 731
other / 732
Table 4
Name of the indicator / Code of line / Value1 / 2 / 3
Average number of positions opened by a forex company customer, units / 801
including:
by active / 802
including:
by a resident / 803
including:
a natural person / 804
a legal entity / 805
by a nonresident / 806
including:
a natural person / 807
a legal entity / 808
by a first time / 809
including:
by a resident / 810
including:
a natural person / 811
a legal entity / 812
by a nonresident / 813
including:
a natural person / 814
a legal entity / 815
other / 816
Average size of the position opened by a forex company customer, US Dollars / 817
including:
by active / 818
including:
by a resident / 819
including:
a natural person / 820
a legal entity / 821
by a nonresident / 822
including:
a natural person / 823
a legal entity / 824
by a first time customer / 825
including:
by a resident / 826
including:
a natural person / 827
a legal entity / 828
by a nonresident / 829
including:
a natural person / 830
a legal entity / 831
other / 832
SECTION III
data on transactions in non-deliverable over-the-counter financial instruments initiated by a forex company
1 / 2 / 3
Number of units opened by a forex company (the sum of lines 902–904), units / 901
including:
with external counterparties / residents / 902
with the National Forex Center / 903
with external counterparties /non residents / 904
Aggregate size of positions opened by a forex company (the sum of lines 906–908), thousand USD / 905
including:
with external counterparties / residents / 906
with the National Forex Center / 907
with external counterparties /non residents / 908
Increase of margin security of a forex company (the sum of lines 910 and 914), thousand USD / 909
including:
at the expense of money placed by a forex company on accounts of external counterparties or the National Forex Center (the sum of lines 911–913) / 910
including:
residents / 911
the National Forex Center / 912
nonresidents / 913
due to positive result of transactions obtained by a forex company (the sum of lines 915–917) / 914
including:
conducted by an external counterparty/resident / 915
conducted bythe National Forex Center / 916
conducted by an external counterparty/nonresident / 917
Reduction of margin security of a forex company (the sum of lines 919 and 923), thousand USD / 918
including:
due to withdrawal of money by a forex company from external counterparties or the National Forex Center (the sum of lines 920–922) / 919
including:
from residents / 920
from the National Forex Center / 921
from nonresidents / 922
due to negative result of transactions obtained by a forex company (the sum of lines 924–926) / 923
including:
conducted by an external counterparty/resident / 924
conducted by the National Forex Center / 925
conducted by an external counterparty/nonresident / 926
Quantity of transactions with positive financial result (the sum of lines 928–930), units / 927
including:
conducted by an external counterparty/resident / 928
conducted by the National Forex Center / 929
conducted by an external counterparty/nonresident / 930
Quantity of transactions with negative financial result (the sum of lines 932–934), units / 931
including:
conducted by an external counterparty/resident / 932
conducted by the National Forex Center / 933
conducted by an external counterparty/nonresident / 934
Cumulative positive financial result of transactions (the sum of lines 936–938), thousand USD / 935
including:
conducted by an external counterparty/resident / 936
conducted by the National Forex Center / 937
conducted by an external counterparty/nonresident / 938
Cumulative negative financial result of transactions (the sum of lines 940–942), thousand USD / 939
including:
conducted by an external counterparty/resident / 940
conducted by the National Forex Center / 941
conducted by an external counterparty/nonresident / 942
Aggregate size of the positionopened by a forex company, thousand USD / 943
including:
with external counterparty / resident / 944
with the National Forex Center / 945
with external counterparty / nonresident / 946
section IV
data on consideration of appeals concerning activities in the over the counter forex market by a forex company and on legal proceedings with involvement of a forex company
Table 1
(units)
Name of the indicator / Code of line / Value1 / 2 / 3
Quantity of customers of a forex company (the sum of lines 1002 and 1003) / 1001
including:
natural persons / 1002
legal entities / 1003
Quantity of written and electronic appeals of a forex company customers / 1004
Quantity of claims (written offers of voluntary settlement of disputes) of a forex company customers / 1005
1
Table 2
Name of the indicator / Code of line / Legal claims filed(appeals, complaints) / Cases examined / Judicialdecreesmade / Judicialdecrees appealed / Complaints (appeals from judicial decrees) settled, in part including
Quantity of legal claims (appeals, complaints) / amount, thousand USD / Quantity of cases / amount, thousand USD / amount in favor of a forex company / amount not in favor of a forex company / partially amount not in favor of a forex company
Quantity of cases / amount, thousand USD / Quantity of cases / amount, thousand USD / Quantity of cases / amountin favor of a forex company, thousand USD / amount not in favor of a forex company, thousand USD
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15
Legal claims (appeals, complaints) of a forex company, appeals to the court, including: / 2001
of proprietary nature / 2002
of nonproprietary nature / 2003
Legal claims (appeals, complaints) of a forex company customers, appeals to the court, including: / 2004
of proprietary nature / 2005
of nonproprietary nature / 2006
Total number of pending cases involving a forex company (the sum of lines 2001 and 2004) / 2007
section V
data on availability of bank accounts
crediting / debiting
1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13
1
Annex 2to Resolution
of the Board of the National Bank
of the Republic of Belarus
February 12, 2016 No 72
Form