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Saturday, 19 January 2013

Law on Philanthropy and Sponsorship

(excerpts)
AMENDED
LP154-XVI of 21.07.05, MO126-128/23.09.05 art.611

Chapter I
Article 1. Philanthropic and sponsorship activities
(1) The notion of a philanthropic activity means voluntary material, impartial and unconditional aid or free services by delivered by individuals or legal entities for a person (a group of people), without seeking any reward in return, payment or enforcement of certain obligations and without getting any profit.
(2) The transfer of money or other material resources, offering assistance in any other form to legal entities aimed at making a profit, supporting political parties and other social and political organizations are not philanthropy.
Article 7. Philanthropic Organization
(1) A philanthropic organization is a nongovernmental, non-commercial organization, created for the purposes set out in this law by carrying out philanthropic activities in the interest of the entire society or certain categories of people.
(2) Philanthropy is the core philanthropic activity.
(3) A philanthropic organization is not engaged in sponsorship.
(4) If revenues exceed expenditures of a philanthropic organization, the amount exceeded can not be distributed among the founders (members), including reorganization and liquidation process, but is can be used to achieve the purposes for which it was created.
(5) The central and local authorities, state and municipal enterprises and state institutions can not act as a founder of a philanthropic organization.
Article 8. Philanthropic organization forms
(1) A philanthropic organization may be created in the form of charity society (association), foundation, institution or other forms not prohibited by law.
(2) The society (association) shall be created voluntary by a group of natural or legal persons for the purposes set out in Article 2.
(3) A foundation is a philanthropic organization whose assets consist of funds or other assets of the founders.
(4) The Foundation shall operate in the interests of the whole society or of certain categories of persons, but not in the interest of the founders or its management body.
(5) The Foundation may be:
a) corporate, created by companies and other legal entity by its own;
b) founded by an individual with its own or his family financial means;
c) social, specialized, consisting of several individuals and legal entities.
(6) A charity organization can be created as an institution where the founder is a charity organization.
Article 9. State Record
(1) A philanthropic organization shall be registered at the Ministry of Justice.
Article 15. Associations and unions
(1) To broaden the possibilities of achieving the statutory goals, charities have the right to join associations and unions on a contract basis.
(2) Charitable organizations, associations and unions are non-commercial organizations.
(3) Members of the association and the union of philanthropic organizations retain their independence and rights of legal entity.
(4) The union and the association of philanthropic organizations are not liable for the obligations of its members. Members of the association and the union of philanthropic organizations shall be subsidiary liable for the obligations of the association or union in the amount and manner provided in their documents of incorporation.

PRESIDENT of the PARLIAMENT
Eugenia Ostapciuc
Chisinau, October 31, 2002. , No. 1420 XV.

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