Belarus | Undisputed debt collection: changes in the rules from July 26, 2020

 

On July 26, 2020, the Presidential Decree of the Republic of Belarus dated July 23, 2020 No. 291 “On the fulfillment of monetary obligations” (hereinafter – the Decree) came into force. According to the comment on the Decree posted on the official website of the President of the Republic of Belarus, “The Decree will allow to exclude the automatic execution of the plaintiff’s payment request drawn up on the basis of the executive note and will enable the debtor, in the event of violation of his rights, to promptly apply to the court to declare the executive note unenforceable.”

According to the Decree, during the period from 26.07.2020 to 31.12.2020:

  • collection of monetary funds from the bank accounts of payers in an undisputed manner is carried out on the basis of executive notes only by the enforcement authorities within the framework of enforcement proceedings;
  • banks, non-bank credit and financial organizations, and JSC Development Bank of the Republic of Belarus refuse to accept payment requests without the payer’s acceptance, drawn up on the basis of executive notes.

Payers means:

  • Legal entities, including their representative offices, branches, and other structural subdivisions which fulfil monetary obligations
  • Organizations that are not legal entities
  • Individual entrepreneurs
  • Individuals

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