Inheritance of a unitary enterprise in Belarus
Notaries of Belarus often face many questions when registering an inheritance, and the structure of which includes a unitary enterprise. First of all, the question arises whether the foundation of a unitary enterprise is inherited or only the property of a unitary enterprise (tables, chairs, funds in accounts, etc.).
If we analyze the legislation, we can conclude that a certificate of the right to inheritance should be drawn up in relation to the property of a unitary enterprise. The rights of the founder, in accordance with the provisions of the Civil Code of the Republic of Belarus on the composition of the inheritance, are not included in the inherited property.
Thus, when a unitary enterprise is inherited, the property objects owned by the unitary enterprise are transferred to the heir. However, the charter of a unitary enterprise may also indicate the transfer of the rights of the founder.
In any case, when registering an inheritance after the deceased founder of a unitary enterprise, the notary should carefully study the charter of the UP and determine what exactly is part of the inheritance.
LLC inheritance in Belarus
The Civil Code of the Republic of Belarus provides that the inheritance does not include rights and obligations that are directly related to the personality of a person, including the rights of membership in societies and cooperatives, as well as other personal non-property rights.
Thus, when a business is inherited in the form of a limited liability company, property rights and obligations are transferred to the heirs, but not the right to participate in the economic activities of the company and the right to make managerial decisions.
Inheritance of a share in an LLC in Belarus
Before drawing up documents for inheritance of shares in a limited liability company, the notary will have to familiarize himself with the charter of the company. So, if the charter of an LLC mandatorily provides for obtaining the consent of other participants for the transfer of a share to the heir, then such consent must be sought.
There are situations when the charter of an LLC does not provide for the mandatory consent of other members of the company to inherit a share in the LLC. In this case, the heir himself becomes a member of the LLC, having inherited a share in the company.
If the charter establishes the obligatory consent of other members of the company to the transfer of a share by inheritance, and they do not give such consent, then the company is obliged to pay the heir the actual value of the share in the LLC or transfer property in kind corresponding to the value of the share in the company.
Inheritance of CJSC shares in Belarus
The heirs (spouse, spouse, children, parents or other heirs) of the deceased shareholder of the CJSC inherit his shares as a type of hereditary property. At the same time, the heirs do not inherit the personal non-property rights of the deceased, in particular, the right to participate in the CJSC and to manage the CJSC.
Thus, upon inheriting the shares of the CJSC, the heir becomes its shareholder, however, with the clause “without the right to participate in the activities of the company,” that is, the shares are transferred to the heir only as property rights.
In addition, there is a prerequisite for the inheritance of CJSC shares – the consent of the rest of the participants. This is provided in order to prevent unauthorized persons from accessing the rights of a shareholder of the company.
Inheritance of shares of a joint stock company in Belarus
The situation with inheritance of JSC shares in Belarus is simpler. OJSC shares are transferred to the heirs without the consent of other members of the company. The heir who has formalized the rights to the shares of the OJSC with a notary will automatically become a shareholder of the limited liability company.
All rights and obligations of a shareholder of the company, including the right to receive dividends, are transferred to the heir-shareholder.
Inheritance of peasant farms in Belarus
In the event of the death of the owner of a peasant farm, the rights to it pass to his heirs by law or by will.
When inheriting a KLF, first of all, we are talking about the transfer of ownership of a land plot and buildings on it. The land plot becomes the property of the heir, and if there are several heirs, then the land plot is subject to division between them. At the same time, fragmentation of the land plot, which contradicts the norms of the Land Code of the Republic of Belarus, is not allowed.
If there are several heirs, and the division of the plot is not possible, then the entire plot may become the property of one legal successor, and the other heir may be paid monetary compensation in proportion to the value of the land plot.
Country or garden houses located on the land plot also become the property of the heirs.
Inheritance of commercial real estate in Belarus
Commercial real estate (offices, retail space, etc.) is transferred to the heir if it was owned by the deceased. If the deceased rented an office or retail space, then the property is not inherited. Therefore, when contacting a notary, heirs must provide documents confirming the deceased’s ownership of commercial real estate.
The day of transfer of ownership of real estate is considered the day of opening the inheritance, that is, the day of death of a person. After that, it is necessary to appear at the notary public within six months and submit an application for inheritance.
After six months from the date of death, the heir is issued a certificate of the right to inheritance. This document is the basis for registering ownership of an office or retail space with the state body for real estate registration and land registry.
Our advocates and lawyers have been dealing with inheritance issues in the Republic of Belarus for more than 10 (ten) years. If you have questions related to inheritance in Belarus, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@inheritancelaw.by or by phone: +375293664477.
