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This Law defines the legal status, conditions for the creation, operation, reorganization and liquidation of a peasant (farm) holding, the rights and obligations of its members.

 

 

CHAPTER 1

GENERAL PROVISIONS

 

Article 1. The concept of a peasant (farm) holding

 

  1. A peasant (farm) holding is a commercial organization established by one citizen (members of one family) who has made property contributions to carry out entrepreneurial activities for manufacturing agricultural products, as well as for their processing, storage, transportation and sale, based on his (their) personal labor participation and the use of a land plot provided for these purposes in accordance with the legislation on the protection and use of land (hereinafter referred to as a farm business).

2.The property transferred as a contribution to the authorized fund of the farm by its founders (members), as well as the property produced and acquired by the farm in the course of its activities, shall belong to the farm on an ownership basis.

  1. Members of the farm business have liability rights to this farm business.

 

Article 2. Legislation of the Republic of Belarus on farming

 

  1. Relations related to the establishment and operation of the farm business are regulated by this Law, acts of the President of the Republic of Belarus, civil legislation, legislation on the protection and use of land and other legislation.
  2. If the international treaty of the Republic of Belarus establishes the rules other than those contained in the legislation on farming, the rules of the international treaty shall apply.

 

Article 3. State support and guarantees for the activities of farm businesses

 

  1. Farm businesses whose revenue from the sale of their own crop production (except for flowers and ornamental plants), livestock production (except for fur farming), fish farming and beekeeping is at least 50 percent of the total revenue for the previous financial year, as well as newly created farm businesses (within the first year from the date of their creation) are provided with state support from the republican and local budget resources in the way and forms provided for by law. These farms are provided with state support in the field of material and technical supply, acquisition (including under a financial lease agreement), repair and maintenance of agricultural machinery and equipment, land development and soil liming, plant protection, seed production, veterinary and breeding business, scientific services and in other areas on an equal basis with other producers of agricultural products.
  2. Farm businesses have equal rights with other producers of agricultural products to supply goods for state needs in accordance with the legislation.

 

ConsultantPlus: note.

Regarding granting land plots to peasant (farm) holdings, see Code of the Republic of Belarus of July 23, 2008 N 425-З.

  1. The establishment of borders of land plots allocated for farming, development of projects on land regulation, documents certifying the rights to land plots, is carried out by state organizations, that are subject to the State Committee on property of the Republic of Belarus, in the manner prescribed by the legislation on protection and use of land. The funds allocated for these purposes are taken from the republican budget resources.

(as amended by the Laws of the Republic of Belarus of July 9, 2007 N 247-Z, of December 31, 2009 N 114 – З, of July 1, 2010 N 154-З)

  1. The President of the Republic of Belarus may establish other terms and forms of state support and guarantees for the activities of farm businesses.
  2. In the area where there are no objects of production infrastructure, the district executive and administrative body is responsible for the initial construction of production facilities for farm businesses. It builds roads, constructs radio and power lines, water facilities, gas supply systems, telephone and other facilities, and also land development. Under the legislation, the funds allocated for these purposes are taken from the republican and local budget resources.

 

 

CHAPTER 2

CREATION OF A FARM BUSINESS

 

Article 4. The right to create a farm business

 

The requirements of Paragraph 1, Article 4 do not apply to citizens who are members of the farm businesses established before February 4, 2006 (Paragraph 1, Article 34 of this document).

1.Any citizen of the Republic of Belarus, foreign citizens and stateless persons permanently residing in the territory of the Republic of Belarus have the right to establish a farm business.

  1. Members (employees) of these agricultural organizations shall have a prerogative right to establish farm businesses on the land plots exempt from the liquidated and reorganized agricultural organizations.
  2. The decision on establishing a farm is documented with the help of the meeting protocol of the founders of the farm business (except for the cases when a farm business is established by one citizen).

 

Article 5. Articles of a farm business

 

  1. A farm business operates on the basis of the Articles, which specify:

the name of the farm business, that must contain the words “peasant (farm) holding” or “farm business” or “peasant farm holding”;

information about the head and other members of the farm business (surname, proper name, patronymic name, identity document data, place of residence);

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

location of the farm business;

objectives of the farm business;

the size of the authorized fund of the farm business, the amount of members’ contributions to the authorized fund, the composition, the terms and procedure for making these contributions;

the share size of the members of the farm business in the authorized capital;

the procedure for the formation of farm business property and the conditions for its disposal;

the procedure for labor participation of farm’s members in the activities of the farm business;

procedure for profit distribution of the farm business;

the rights and obligations of the members of the farm business;

procedure for the new members’ entry into the membership of the farm business, withdrawal and exclusion from the membership of the farm;

the procedure for managing the activities of the farm business, its liquidation.

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

The Articles of a farm business may also contain other provisions that do not contradict the legislation related to the specifics of activities of the farm business.

  1. The Articles of the farm business are approved by the decision of the farm’s founders, which is documented by the the meeting minutes of the founders of the farm business. The meeting minutes of the founders of the farm business are signed by all the founders of the farm business.

In the case the farm business is established by one citizen, the Articles of the farm business are approved by this citizen (the head of the farm business).

 

ConsultantPlus: note.

Regarding the question concerning the procedure for changing the foundation documents of legal entities, see Paragraph 3 Article 48 of the Civil Code of the Republic of Belarus.

  1. The Articles of the farm business are amended and (or) supplemented in accordance with the procedure established by the civil legislation, in case of changes in the provisions of Paragraph 1 of this article, as well as in other cases prescribed by the legislative acts.

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

 

Article 6. Authorized fund of a farm business

 

  1. When creating a farm business, its authorized capital is formed in accordance with the procedure established by this Law, other legislation and the Articles of the farm business.

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

  1. The authorized fund of the farm business is formed from the value of the contributions of the founders (members) of the farm business.

A contribution to the authorized fund of a farm business may be represented by the things belonging to the founders (members) of the farm business on an ownership basis (including common ownership), including money and securities, other property, including property rights or other alienable rights that have value.

(as amended by the Law of the Republic of Belarus of July 15, 2008 N 397-З)

The valuation of a non-monetary contribution to the authorized fund of the farm business is subject to expert examination in the cases in the manner prescribed by the law.

(as amended by the Law of the Republic of Belarus of July 15, 2008 N 397-З)

Property may not be included in the authorized fund of a farm if the right to alienate this property is limited by law, contract, or by the owner.

  1. Excluded.

(Paragraph 3 is deleted. – Law of the Republic of Belarus of November 9, 2009 N 55-Z)

  1. The raised funds may not be used to form and increase the size of the authorized fund of the farm business.
  2. The authorized fund of the farm business is divided into shares, except the cases when the farm business is established by one citizen. The size of the share of the founder (member) of the farm business in the authorized fund is determined as a percentage or as a fraction. The size of the share of the farm’s founder at the time of formation of the farm’s authorized fund is the ratio of the value of the founder’s contribution to the authorized fund of the farm business.

The value of the share of the founder (member) of the farm business in the property of the farm business is equal to the net asset value of the farm business, which is proportional to the size of his share in the authorized fund of the farm business.

  1. If the property belonging to the founders (members) of the farm business on the right of common ownership is included in the authorized fund of the farm business, the share size of the members of the farm business is considered equal, unless otherwise provided for by the Articles of the farm business.
  2. The reduction of the authorized fund of the farm business is allowed after notifying all its creditors. In this case, the latter have the right to demand early termination or fulfillment of the obligations of the farm business and demand that the farm business pays for the losses.
  3. An increase in the size of the authorized fund of the farm business is allowed after all its founders (members) have made contributions to the authorized fund in full.

An increase in the size of the authorized fund may be made from the assets of the farm business, additional contributions to the authorized fund of the members of the farm business and (or) from contributions to the authorized fund of the citizens who are accepted as new members of the farm business.

When increasing the size of the authorized fund of the farm business from the assets of the farm business, the share size of the member of the farm business may be modified in accordance with the size of the contribution to the authorized fund and (or) personal labor participation of the member of the farm business in its work. Amendments are made by decision of the general meeting of the members of the farm business.

 

Article 7. State registration of a farm business

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

 

  1. A farm business is considered to be created after the date of its state registration.
  2. State registration of a farm business is carried out in accordance with the legislative acts.

For the purposes of state registration, living accommodation (apartment, house) belonging to the head of the farm business on an ownership basis (including the right of shared or joint ownership) or the permanent place of residence (with the exception of premises of the state housing fund) may be whereabouts of the farm business.

 

 

CHAPTER 3

MEMBERSHIP IN A FARM BUSINESS

 

Article 8. Members of a farm business

 

The requirements of Paragraph 1, Article 8 do not apply to citizens who are members of the farm businesses established before February 4, 2006 (Paragraph 1, Article 34 of this document).

  1. Legally capable citizens, belonging to the same family, may be members of a farm business.

For the purposes of this Law, family members are spouses, their parents (adoptive parents), children (including adopted children), brothers and sisters, spouses and children of these persons, as well as other persons recognized as family members in accordance with the legislation on marriage and family.

  1. Membership in the farm business is reserved for members of the farm business who cannot take personal labor participation in its activities, unless otherwise provided by the Articles of the farm business. It may be connected with:

retirement due to age or disability – for the life term;

a move into the elective position, military service on conscription, alternative service, full-time training in educational institutions that provide higher, secondary special and vocational education – for the duration of work in an elective position, military service on conscription, alternative service, full-time training in such educational institutions.

(as amended by the Law of the Republic of Belarus of January 9, 2017 N 19-Z)

 

Article 9. Grounds for changing members of a farm business

 

Changing members of the farm business can be carried out due to the following reasons:

acceptance of a new member of the farm business, including as a result of the assignment of a share (part of it) of a member of the farm business in the authorized fund of the farm business;

withdrawal of a member of the farm business;

exclusion of a member of the farm business;

the death of a member of the farm business or the declaration of their death.

 

Article 10. Acceptance of a new member of a farm business

 

A citizen who meets the requirements set out in Paragraph 1, Article 4 and Paragraph 1, Article 8 of this Law, can be accepted as a member of the farm business by decision of the general meeting of the members or the head of the farm business (in case the farm business is created by one citizen), subject to a contribution to the authorized fund of the farm business, and as a result of assignment of a member’s share (part) in the authorized fund of a farm business in the manner prescribed by the Articles of the farm.

 

Article 11. Withdrawal and exclusion of a member of a farm business

 

  1. A member of the farm business has the right to withdraw from it at any time, regardless of the consent of the other members of the farm business, provided that they are notified in advance in accordance with the procedure and terms established by the Articles of the farm business, but not later than one month before leaving the farm business.
  2. A member of the farm business can be excluded on the basis of the decision of the general meeting of the members of the farm business in the event of non-performance or improper performance of obligations stipulated in this Law, other legislative acts and the Articles of the farmers, recognizing him incompetent, partially capable, or missing, as well as on other grounds established by the Articles of the farm business.

 

Article 12. The procedure for making payments in case of withdrawal or exclusion of a member of a farm business

 

  1. Upon withdrawal or exclusion of a member of the farm business, he/ she has the right to receive the value of his/her share in the property of the farm business, as well as a part of the profit determined in accordance with the provisions of Article 17 of this Law.
  2. Value of the share in the property of a farm business, that is due to the citizen, released or expelled from the farm business, is determined by the balance sheet drawn up at the time of their retirement, and a share of the profit that is due to them – on the day of payroll payment. Payment of the value of shares and part of profit to the citizen, released or expelled from the farm business, is done at the end of the financial year in which he withdrew or was excluded from the farmer business. It is done within 12 months from the date of filing the application for withdrawal or making decision about the exception, unless a different period is stipulated in the Articles of the farm business.

 

Article 13. Changing in the composition of members of a farm business in case of death of a member of a farm business or declaration of their death

 

  1. In case of death of a member of the farm business or declaration of their death, their heir(s) may be accepted as a member of the farm business by the decision of the general meeting of the members of the farm business.

In case of death of a member of the farm business, if their heirs by will are a legal entity of the Republic of Belarus or an administrative-territorial unit of the Republic of Belarus, the cost of the inherited shares is paid to them in accordance with Article 12 of this Law.

In case of death of the head of the farm business established by a one citizen, their heir(s) who have expressed a desire to run a farm business is recognized as a member(s) of this farm business.

If the heir (heirs) refuses to become a member of the farm business, or if the general meeting of the members of the farm business decides to refuse to accept the heir (heirs) as a member of the farm business, settlements with him (them) shall be made in accordance with the procedure provided for in Article 12 of this Law.

  1. If the court cancels the decision to declare a citizen dead, the decision on the membership of the heir(s) of such a person is made by the general meeting of the members of the farm business.

 

Article 14. The rights and obligations of members of a farm business

 

  1. Members of the farm business have the right to:

participate in management of the activities of the farm business in accordance with the procedure established by this Law and the Articles of the farm;

receive information about the activities of the farm business, including its income and expenses, get acquainted with its Articles, accounting documents and other documents in accordance with the procedure established by the Articles of the farm business;

participate in the distribution of profits, made by the farm business;

receive a part of the profit in accordance with the procedure established by this Law and the Articles of the farm business;

receive remuneration for work in monetary units and (or) in kind, have daily and weekly rest, labor and social leave in accordance with labor legislation;

sell or otherwise cede its share (part of it) in the authorized fund of the farm business in accordance with the procedure established by the Articles of the farm business;

buy shares (or parts thereof) in the authorized fund of the farm business from members of the farm business in preference to other citizens (non-members of the farm business.;

withdraw from the farm business, regardless of the consent of its other members, in accordance with the procedure established by this Law and the Articles of the farm business, and receive the value of their share in the property of the farm business, as well as the due part of the profit;

in case of liquidation of the farm business, receive a part of the property remaining after settlements with creditors, or its value in proportion to their share in the authorized fund of the farm business, also taking into account their personal labor participation, unless otherwise provided for by the Articles of the farm business.

In accordance with the legislation on labor protection, social protection and social insurance, members of the farm business have the right to labor protection, social insurance, pension provision and guarantees case of occupational disease, labor injury, disability and job loss.

(as amended by Law of the Republic of Belarus of July 6, 2009 N 37-Z)

Members of the farm business may have other rights provided for by legislative acts and the Articles of the farm business.

  1. Members of the farm business must:

form an authorized fund of the farm business in accordance with the procedure and terms stipulated by the legislation and the Articles of the farm business;

take personal labor participation in the activities of the farm business, except for the cases provided for in Paragraph 2, Article 8 of this Law or the Articles of the farm business;

do not disclose information that constitutes a commercial secret of the farm business;

comply with the requirements of the Articles of the farm business and implement the decisions of its management bodies that comply with this Law, other legislative acts and the Articles of the farm.

Members of the farm business also perform other duties provided for by legislative acts and the Articles of the farm business.

 

 

 

CHAPTER 4

FARM BUSINESS PROPERTY

 

Article 15. The composition of property of a farm business

 

  1. A farm business may own plantings, farm buildings and other structures necessary for the production of agricultural products, as well as their processing, storage, transportation and sale, constructions for reclamation and other constructions, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, inventory, property of private unitary enterprises established by the farm business, other property acquired by the farm business, as well as property rights belonging to the farm business or other alienable rights that have value.

(as amended by the Law of the Republic of Belarus of July 15, 2008 N 397-З)

  1. The fruits, products and income received as a result of the activities of the farm business are the property of this farm business.

 

Article 16. Sources of property formation of a farm business

 

  1. The sources of property formation of a farm business can be represented by:

contributions to the authorized fund of the farm business;

income received from the sale of manufactured and processed agricultural products, as well as from other types of economic activities not prohibited by law;

other sources that are not prohibited by law.

  1. Organizations and individual entrepreneurs have the right to transfer unused buildings, structures, agricultural machinery and equipment to farms for rent, with their subsequent purchase and postponement of the start of payment of rent for up to three years.

 

Article 17. Profit distribution of a farm business

 

  1. The profit of a farm business is distributed among its members according to the results of the financial year by decision of the general meeting of members of the farm business in proportion to the shares in the authorized fund of the farm business and (or) the personal labor participation of members of the farm business in its activities.
  2. The Articles of the farm business may establish a different procedure for distributing the profits of the farm business.

 

Article 18. Responsibility of a farm business

 

  1. A farm business is liable for its obligations with all its property.
  2. The members of the farm business are not liable for the obligations of the farm business, and the farm business is not liable for the obligations of the members of the farm business, except in cases provided for by law.

 

 

CHAPTER 5

FARM BUSINESS MANAGEMENT

 

Article 19. Farm business management bodies

 

  1. Management of the activities of a farm business, which consists of two or more members, is carried out by the general meeting of the members of the farm business and its head.

The general meeting of the members of the farm business is the highest management body of the farm business.

The head of the farm business is the executive body of the farm business.

  1. In a farm business established by one citizen, the head of the farm business is the highest management body, which has the right to resolve all issues related to the activities of the farm business.

 

Article 20. General meeting of members of a farm business

 

  1. The exclusive competence of the general meeting of members of the farm business includes:

introduction of amendments and (or) additions to the Articles of the farm business;

change in the size of the authorized fund of the farm business;

admission to the membership of a farm business, exclusion of members of a farm business, including the adoption of decision on membership of the heir(s) of a citizen, who is declared dead, in case the court cancels the decision to declare this citizen dead;

election to the position of the head of the farm business and their dismissal from this position in the cases provided for in Paragraph 7, Article 21 of this Law;

approval of annual reports and balance sheets of the farm business, profit distribution of the farm business;

making a decision on reorganization or liquidation of the farm business;

other issues referred by legislative acts and the Articles of the farm business to the exclusive competence of the general meeting of members of the farm business.

Issues referred to the exclusive competence of the general meeting of members of the farm business may not be transferred by the general meeting of members of the farm business to the decision of its head.

  1. Each member of the farm business has the right to attend the general meeting of members of the farm business, take part in the discussion of issues on the agenda and vote when making decisions.

Each member of the farm business has one vote at the general meeting of the members of the farm business, unless otherwise provided by the Articles of the farm business.

  1. The general meeting of members of the farm business is authorized to make decisions only if at least two-thirds of all members of the farm business are present at it, unless otherwise provided by the Articles of the farm business.

The decision is made by a simple majority of votes. If the number of votes of members of the farm business is equal, the decision for which the head of the farm business voted is considered adopted. The Articles of the farm business may provide for a different decision-making procedure.

Decisions of the general meeting of members of the farm business are drawn up in minutes, which are signed by the members of the farm business who were present at it.

 

Article 21. Head of a farm business

 

  1. The head of the farm business is one of the founders (members) of the farm business, elected to this position by the meeting of the founders of the farm business or the general meeting of the members of the farm business and specified in the Articles of the farm business.

The head of the farm business is accountable to the general meeting of the farm business members.

  1. In the case a farm business is established by one citizen, this citizen is the head of the farm business.
  2. The head of a farm business may not be the head of another commercial organization at the same time.
  3. The head of the farm business must meet the requirements set out in Paragraph 1, Article 4 and Paragraph 1, Article 8 of this Law.

 

ConsultantPlus: note.

Since January 1, 2018, according to Subparagraph 1.3 of Paragraph 1 of the Decree of the President of the Republic of Belarus of August 31, 2017 N 311, the head of a peasant (farmer) farm holding has the right to personally keep a book of income and expenses of a peasant (farm) holding. At the same time, the requirements provided for in the second paragraph of Paragraph 3, Article 8 of the Law of the Republic of Belarus of July 12, 2013 N 57-Z do not apply to the head of a peasant (farm) holding.

  1. The head of the farm business having no power of attorney acts on behalf of the farm business, including representing its interests in relations with state bodies, citizens and legal entities, makes transactions on behalf of the farm business, issues power of attorney for the right of representation on behalf of the farm business, disposes of the property of the farm business, is the employer of persons working in the farm business under an employment contract, exercises other powers not assigned by this Law or the Articles of the farm business to the exclusive competence of the general meeting of members of the farm business.
  2. In case of temporary disability or absence (no more than four months in a row) Chapter farms by decision of the General meeting of members of the farm Chapter farms may authorize to carry out his duties under the power of attorney of one of the members of the farm business.
  3. In case of temporary disability or prolonged absence (more than four months in a row), refusal to perform the duties of the head of the farm business, withdrawal or exclusion from the farm business, or death of the head of the farm business, a new head of the farm business is elected by decision of the general meeting of its members.
  4. If farming is done by one citizen, then in case of temporary loss of working capacity or lack of (but not more than four consecutive months), they may authorize someone to comply with their obligations under the contract of delegation or contract of trust management of legally capable citizens.

 

 

 

CHAPTER 6

ACTIVITIES OF A FARM BUSINESS

 

ConsultantPlus: note.

On the issue concerning the conclusion of contract between a peasant (farm) holding and a district executive committee on the development of agricultural production, see Decree of the President of the Republic of Belarus of April 1, 1998 N 193.

Article 22. Types of activities of a farm business

 

  1. The main activities of a farm business are production of agricultural products using the land plot provided for these purposes, as well as processing, storage, transportation and sale of agricultural products produced by it. A farm business has the right to carry out other types of activities that do not contradict the legislation.

(as amended by the Law of the Republic of Belarus of November 9, 2009 N 55-З)

  1. In cases provided for by law, certain types of activities may be carried out by a farm business only on the basis of a special permit (license).
  2. A farm business has the right to engage in foreign economic activities in accordance with the legislation.

 

Article 23. Sales of products of a farm business

(as amended by Law of the Republic of Belarus of July 17, 2018 N 132-Z)

 

  1. A farm business has the right to dispose of its products and sell them at its own discretion in accordance with the concluded contracts.
  2. When selling agricultural products and in the process of their production, processing, storage and transportation a farm business is obliged to observe the requirements of the legislation in the sphere of sanitary-epidemiological welfare of the population, if not otherwise provided by the acts of the President of the Republic of Belarus, the requirements of the legislation in the field of ensuring the quality of food raw materials and food products and their safety for life and health, the requirements of technical regulations of the Republic of Belarus, technical regulations of the Customs Union, the Eurasian Economic Union and other international legal acts constituting the law of the Eurasian economic Union.

 

Article 24. Participation of farm businesses in the creation of commercial and non-profit organizations

 

  1. Farm businesses may establish unitary enterprises, be founders (participants) of economic partnerships and societies, and be members of consumer cooperatives.
  2. In order to coordinate their business activities, represent and protect common property interests, farm businesses may establish associations in the form of associations or unions under the agreement between them.

 

Article 25. Participation of a farm business in financial and credit relations

 

  1. A farm business has the right to receive loan and borrowed proceeds in accordance with the legislation.
  2. A farm business may use a pledge of its property as a security for the performance of obligations under the loan agreement, including the harvest of agricultural crops, as well as a pledge of the right to lease the property.
  3. Farm businesses can be provided with loans at concessional rates within the funds of the Republican budget allocated for these purposes, with the payment of interest on them, which constitutes no more than half of the refinancing rate of the National Bank of the Republic of Belarus, starting from the second year after the getting the loan.
  4. A farm business has the right to open current (settlement) and other accounts for keeping funds, performing settlement and (or) cash and other operations in accordance with the legislation.

 

Article 26. No longer valid.

(Article 26 is no longer valid. – Paragraph 2, Article 34 of this Law)

 

ConsultantPlus: note.

Since January 1, 2018, according to Subparagraph 1.1 of Paragraph 1 of the Decree of the President of the Republic of Belarus of August 31, 2017 N 311, peasant (farm) holdings that are payers of a single tax for agricultural producers have the right to keep accounting records related to agricultural production activities in the book of income and expenses of a peasant (farm) holding, from January 1 of the year following the year in which the conditions established by this Decree are met.

Article 27. Accounting and reporting in farm businesses

 

The specifics of accounting for income and expenses of farm businesses, as well as the procedure for compiling and submitting accounting, tax, statistical and other reports by them, are established by law.

 

Article 28. Labor relations in the farm business

 

  1. The head of the farm business enters into employment contracts with members of the farm business in accordance with the labor legislation.
  2. If necessary, persons who are not members of the farm business may be involved in the performance of work in the farm business under an employment or other contract, in compliance with the requirements of the legislation.
  3. If working in the farm business is a primary employment for its members and other persons working in the farm business under an employment contract, employment records are kept in accordance with the procedure established by the labor legislation.

 

Article 29. Resolution of disputes related to the activities of the farm business

 

Disputes related to the activities of the farm business are resolved in court.

 

 

CHAPTER 7

REORGANIZATION AND LIQUIDATION OF A FARM BUSINESS

 

Article 30. Reorganization of the farm business

 

  1. A farm business may be reorganized by decision of the highest management body of the farm business, as well as in other cases provided for by legislative acts.

Reorganization of the farm business is carried out in accordance with the procedure provided for by civil legislation and the Articles of the farm business.

  1. Members of a newly formed farm business as a result of reorganization must meet the requirements set out in Paragraph 1, Article 4 and Paragraph 1, Article 8 of this Law.

 

Article 31. Liquidation of a farm business

 

  1. The liquidation of a farm business is carried out on the grounds and in the manner provided for by legislative acts.

(Paragraph 1, Article 31, as amended. Law of the Republic of Belarus of November 9, 2009 N 55-Z)

  1. Disputes on the liquidation of a farm business are resolved in a court that considers economic cases.

(as amended by Law of the Republic of Belarus of July 17, 2018 N 132-Z)

 

Article 32. Distribution of farm business property among its members in case of liquidation of a farm business

 

The property of the liquidated farm business, remaining after the satisfaction of creditors’ claims, is distributed among its members in proportion to their shares in the authorized fund of the farm business, as well as taking into account their personal labor participation, unless otherwise provided for by the Articles of the farm business.

 

CHAPTER 8

FINAL PROVISIONS

 

Article 33. Bringing the constituent documents of farm businesses into compliance with this Law

 

Farm businesses are obliged to bring their constituent documents in accordance with this Law within a year after the entry into force of this Law.

 

Article 34. Transitional provisions

 

  1. The requirements set out in Paragraph 1, Article 4 and Paragraph 1, Article 8 of this Law do not apply to the citizens who are members of the farm businesses established before the entry of this Law into force.
  2. Article 26 of this Law is valid until the entry into force of the Special Part of the Tax Code of the Republic of Belarus.

 

Chairman of the Supreme Soviet

Of The Republic Of Belarus

N. Dementei