Law on State Registration of Legal Persons and Individual Entrepreneurs

Chapter I - GENERAL PROVISIONS

    Article 1. Regulatory
    This law regulates the procedure of state registration of legal entities and entrepreneurs, keeping state registers of legal persons and individual entrepreneurs and established the legal status of the state registration authority and the registrar.

    Article 2. Definitions
    In this law, the terms below have the following meanings:
    act up - document of the legal person (contract of incorporation, status) prepared in accordance with law;
    decision establishing - document (minutes, notes, statement) that expresses the manifestation of the settlor to be a legal entity;
    State record - action to the state registration authority is to certify that the establishment, reorganization, liquidation, suspension or resumption of activity of legal entities, branches and representatives, and that changes the constitution of legal persons, data registration in the Register of state, which results in the acquisition and termination of the legal capacity of legal persons, procurement and termination by individuals quality individual entrepreneur;
    individual entrepreneur - natural person with full legal capacity, the entrepreneurial activities in the name and at your own risk, without constituting a legal entity and registered as required by law;
    state identification number (IDNO) - unique identification number assigned by the state registration body to businesses and entrepreneurs at the time of state registration, which serves to identify their information systems of the Republic of Moldova;
    stop shop principle - the principle that the state registration authority, in cooperation with public authorities, obtain advice and information necessary for state registration of legal entities and individual entrepreneurs, and submit these authorities through electronic networks, information on registration State involvement in this process without the registrant;
    [Article 2 of the notion introduced by LP127 06/18/10, MO155-158/03.09.10 art.543]
    State Register of legal entities, state register of entrepreneurs (hereinafter the State Register) - information resources that are parts of the State Register of legal entities and include data on legal entities and individual entrepreneurs registered in Moldova.

    Article 3. The scope of the law
    This law applies to state registration of legal entities, branches and representatives, individual entrepreneurs and individuals, if other laws provide otherwise.

    Article 4. Fee for state registration and providing information
    (1) State registration of legal entities, branches and representatives, and entrepreneurs, as well as changes in constitutional documents and the information contained in the State Register shall be made for a sum of 250 lei for legal and of 54 lei for individual entrepreneurs.
    (2) Other services of the state registration provided for in Article 35, shall be a fee whose amount and method of payment is established by the Government.
    (3) The amounts specified in par. (1) and (2) the account accumulates state registration authority and used for its activity.
    (4) Re-register of legal entities and individual entrepreneurs, subject to change legislation, shall be free.
    (5) Public authorities in the State Register information is presented free of charge.

    Article 5. Place and time of state registration
    (1) Legal entities, their branches and subsidiaries as well as individual entrepreneurs recorded the territorial office of the state registration authority in whose service is location.
    (2) The state registration of legal entities, branches and representatives and entrepreneurs, is made within 5 working days from the date of registration of all necessary documents.

    Article 6. State registration confirmation
    (1) document confirming state registration and making the tax records of businesses and individual entrepreneurs is the certificate of registration.
    (2) The certificate of registration for legal entities and individual entrepreneur shall be approved by the Government.
    (3) The certificate of registration issued by the entity or individual entrepreneur state registration.
    (4) The duplicate certificate of registration issued to legal entities and private entrepreneurs in its original case of loss or damage. To receive duplicate presents:
    a) request the legal entity or individual entrepreneur, in the form approved by the state registration body;
    b) copy of notice published in the Official Gazette of RM, indicating the loss of certificate of registration;
    c) a document confirming payment of fee for issuing duplicate.

Chapter II - STATE REGISTRATION OF BUSINESSES

    Article 7. Documents required for registration state
    (1) For state registration of legal entities shall be submitted the following documents:
    a) the application for registration, in the form approved by the state registration body;
    b) determination of constitution and constitutional documents of legal entities, according to the legal form of organization, in duplicate;
    c) the opinion of the National Commission of Financial Market - for insurance, non-state pension funds and savings and loan associations;
    [Article 7 of the. (1), c) introduced the LP261 from 19.12.11, MO21-24/27.01.12 Article 52]
    [Article 7 of the. (1), c) repealed by the LP184 07/15/10, MO141-144/10.08.10 art.505]
    d) a document confirming payment of registration fee.
    (2) For registration of legal entities created by the reorganization of state enterprises, enterprises whose capital contains a share of state ownership, unions of enterprises, associations, holding companies, multinational corporations, financial-industrial groups, financial institutions, institutions education, museums, theaters, circuses, concert halls, science and innovation organizations, medical institutions and balneotherapeutic, state registration body shall request authorization (approval) of that authority by law.
    [Article 7 of the. (2) amended by LP261 from 19.12.11, MO21-24/27.01.12 Article 52]
    (3) authorization (approval) issued by public authorities, usually in electronic form, at the request of the state registration authority within 7 working days from receipt of the documents referred to in para. (1) b). If the public authority will meet the state registration authority within the period prescribed in this paragraph, the authorization (approval) shall be deemed granted tacitly.
    [Article 7 of the. (3) amended by LP184 from 7/15/10, MO141-144/10.08.10 art.505]
    (4) For state registration of legal entities with foreign investment, besides the documents mentioned in para. (1) and (2), shall be submitted:
    a) extract from the national register of residence of the investor;
    [Article 7 of. (4), letter a) of 18.06.10 amended by LP127, MO155-158/03.09.10 art.543]
    b) the constitutional documents of the foreign legal entity;
    c) the criminal record of individual foreign administrator, issued by the authorities of the country of residence and the Republic of Moldova.
    [Article 7 of. (4), c) as amended by the LP127 06/18/10, MO155-158/03.09.10 art.543]

    Article 8. How perfecting and presenting documents for state registration
    (1) Documents for state registration shall be performed in the state and filed with the state registration authority by the founder or his representative authorized by power of attorney certified as required by law.
    (2) Electronic documents can be sent to the state registration authority through electronic networks, in compliance with Law 264-XV of 15 July 2004 on electronic document and digital signature and other normative acts in the field of Government.
    (3) If, in cases established by the state registration authority or upon request, information necessary for registration can be obtained through electronic information systems official document is not required by the founder.
    (4) is considered as the date of submission of documents for state registration of their receipt by the State Registration Authority.
    (5) Upon receipt of the application and documents for state registration, the depositor shall be issued a receipt confirmation of receipt, indicating the application number and date of receipt, title, list of documents submitted, the date for issuance. If the documents were received through the electronic network, the applicant is sent over the network the same confirmation.
    (6) body of state registration is not entitled to refuse receipt of application for registration or to request other documents than those required by law.

    Article 9. Name of legal
    (1) Name of legal entity must comply with the requirements of Article 66 of the Civil Code.
    (2) The legal entity whose name contains the official name of State or an administrative-territorial units are recorded if their use was allowed in the manner and conditions established by law.
    (21) Name of legal person removed from the state registry can be used by another person after the expiration of two years from radiation.
    [Article 9 of. (21) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]
    (22) At the request of the founder, the legal entity name can be reserved by the state registration body for up to 6 months.
    [Article 9 of. (22) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]
    (3) The legal person is entitled to use its name from the moment of state registration.
    (4) If the name change, legal person is obliged, within 30 days, require state registration body carried out the appropriate entry in the State Register.
    (5) body of state registration, the date of registration of the name change, public opinion about the site and calls its official publication on account of the legal person of the same opinion in the Official Gazette of the Republic, under penalty payment damages.

    Article 10. Based legal entity
    (1) The state registration data entered in the Register of State based on the legal person specified in the constitutional documents and no right to demand other documents to confirm these data. Responsibility for the authenticity of the data presented on the site bears the legal person.
    (2) In case of change of office, the legal entity is obliged, within 30 days, require state registration body carried out the appropriate entry in the State Register.
    (3) The seat is considered changed and is enforceable against third parties once this registration in the State Register.
    (4) body of state registration, the registration date changes on the premises, a notice published on this site, and calls its official publication on account of the legal person of the same opinion in the Official Gazette of the Republic, under penalty payment damages.

    Article 11. Registration Procedure
    (1) The registrar verifies the legality of the documents submitted for registration and the deadline specified in Article 5 shall make a decision to refuse registration or registration.
    (11) Data from the documents managed by public authorities, issued for state registration, check the principle of one stop shop.
    [Article 11 of. (11) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]
    (2) the registration of legal person is assigned a state identification number (IDNO), indicating the title sheet of the constitution.
    (3) The legal entity is considered to be registered on the registration decision.

    Article 12. Registration of branches and representatives legal persons
    (1) Branches and representative offices of legal persons provided records indicating the constitutional documents of the legal person on the creation of data, name and location.
    (2) Branches and representations are registered legal entities without legal personality award. Registration Procedure branches and representative offices of foreign legal entities registration procedure is similar to local businesses, with features specified in Law No. 81-XV of 18 March 2004 on investments in entrepreneurial activity.
    (3) For registration of branches and representatives shall be submitted the following documents:
    a) the application for registration, in the form approved by the state registration body;
    b) decision of the relevant legal entity, which will contain data on the creation of a branch or representative office, the approval of its regulations and the appointment of the administrator;
    c) Regulation branch or representation, in duplicate;
    d) the opinion of the National Bank - for branches and subsidiaries of financial institutions;
    d1) the opinion of the National Commission of Financial Market - savings and loan associations;
    [Art.12 of. (3), lit.d1) introduced by the LP261 12/19/11, MO21-24/27.01.12 Article 52]
    e) a document confirming payment of registration fee.
    (4) branches and representatives of local businesses are assigned state identification numbers identical state identification number of the legal person created them.
    (5) Branches and representative offices of foreign legal entities are assigned state identification numbers regardless of number of the foreign legal entity that created them.

    Article 13. Refusal of state registration of legal entities
    (1) State registration of legal persons is not permitted where:
    a) failing to submit all documents necessary for registration;
    b) failing the constitution or other documents submitted for registration requirements provided by law;
    c) breach of legal procedure for the establishment, reorganization, liquidation, suspension or resumption of business legal entity, amending the constitution of the legal person;
    c1) forming a new person by the founder of legal person removed from the State Register as result of the Fiscal Code art.1741 - within three years;
[Art.13 of. (1), lit.c1) introduced the LP145-sixteenth of 27/07/08, MO127-130/18.07.08 art.500; into force 01.01.09]
    d) violation, unfounded reasons, the deadline for submission of documents for registration of amendments to the constitutional documents or information contained in the State Register.
    (2) In cases referred to in para. (1), the registrar shall make a decision to refuse registration.
    (3) State registration may be refused for inappropriate reasons.
    (4) Refusal of state registration can not prevent repeated submission of documents for registration if the causes were removed served as grounds for refusing registration.
    (5) decision to refuse registration can be challenged in court and may be canceled only by the court.

    Article 14. Registration decision
    (1) Decision record signed by the registrar are prepared in two copies, one of which is kept at the state registration body, the other is issued to the applicant.
    (2) The registrar is entitled, ex officio or upon request of the person to correct errors in the decision contrary to the constitution and other obvious errors. Therefore a decision is taken to correct the mistakes, which does not cancel or modify the legal nature of the decision to register.
    (3) Decision of registration may be challenged in court and may be canceled only by the court.

    Article 15. Records of legal entities, subsidiaries and representatives
    (1) For each person, subsidiary of registered state registration authority will keep records of evidence, which will gather all documents filed in connection with registration.
    (2) Method of keeping records of evidence set out in regulations approved by the state registration body.

Chapter III - REGISTRATION AMENDMENTS TO THE LAWS OF THE LEGAL AND THE DATA ENTERED IN THE REGISTER OF STATE

    Article 16. Registration of amendments to the provisions formation and data entered in State Register
    (1) Registration of amendments to the constitutional documents and the data entered in the Register shall be performed in the manner and conditions for registration of legal person, unless the law provides otherwise.
    (2) The legal entity is obliged to submit documents for registration of changes to state registration authority within 30 days from the date of the decision amending the constitution or of the registration in the State Register. In case of reorganization of legal documents deadline for registration changes is 30 days after the expiration of three months from the last publication of the notice of the reorganization.
    (3) If the authorization is necessary to record changes (approval, permit, agreement, decision) a public authority, the state registration authority will apply the procedures in Art. Article 7. (3).
    (4) The amendments to the constitutional documents and the data registered with state legal power of their registration to state registration body.
    [Art.16 of. (4) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]

    Article 17. Documents required for recording changes
    To register amendments to the constitutional documents and the information contained in the State Register, the legal entity state registration submitted to the following documents:
    a) registration of the changes, in the form approved by the state registration body;
    b) the decision of the competent authority of the legal person on changing the constitution and of the registration in the State Register;
    c) the amendment on the amendment of the constitution;
    c1) the opinion of the National Commission of Financial Market - savings and loan associations;
    [Art.17 lit.c1) introduced by the LP261 19/12/11, MO21-24/27.01.12 Article 52]
    c2) National Financial Market Commission decision on registration of additional issue of shares or registration of cancellation of treasury shares and the registration of changes of classes, number and nominal value of shares placed - for joint stock companies;
    [Art.17 lit.c2) introduced by the LP261 19/12/11, MO21-24/27.01.12 Article 52]
    d) a document confirming payment of registration fee changes.

    Article 18. Registration suspension or resumption legal person's business
    For registration suspension or resumption of work the legal person shall be submitted:
    a) application for the suspension or resumption of work, in the form approved by the state registration body;
    b) decision of the relevant legal entity to suspend or resume work;
    c) the constitution;
    d) a copy of the notice of suspension or legal person return to work, published in Official Gazette of the Republic of Moldova;
   e) Certificate issued by the territorial tax inspectorate, which confirms to the general government debt as of the date of the decision of suspension, obtained by the procedure laid down by Article 7. (3);
    f) stamp (stamps) legal entity (the suspension);
    g) the opinion of the National Commission of Financial Market - for professionals in financial market participants.
    [Article 18 letter g) introduced by the state tax inspectorate teritorialreorganizareLP261 of 12/19/11, MO21-24/27.01.12 Article 52]
        (1) legal person worked, but then, within 12 months, did not submit fiscal reports provided by law, are considered passive person. (2) In case referred to in paragraph clues. (1), the registrar shall on its own decision on registration of legal person and include passive data, including the word "passive" in the State Register. (3) Recording category to exclude legal person shall be passive in addressing the legal person, the submission of the following documents: a) request in the form approved by the state registration body, b)

 Article 19. Registration ex confirmation of the legal person passive presentation on tax reports.
[Article 19 of. (3), b) as amended by the LP267 23/12/11, MO13-14/13.01.12 32, in force 13.01.12]
    (4) State Tax Inspectorate body shall submit quarterly information on state registration of legal persons specified in par. (1).

Chapter IV - REGISTRATION OF BUSINESSES SUBJECT TO REORGANIZATION

   (1) The legal entity subject to reorganization is required to notify in writing the state registration body about reorganization within 30 days of the adoption judgment. Notification involves recording in the State Register of commencement of reorganization.
(2) To record in the State Register of commencement of reorganization proceedings, the state registration body has the reorganization decision, adopted by the competent body of the legal person or court.
(3) The registrar shall make a decision on registration start of reorganization of legal entities and state entered in the Register the word "reorganization".

(1) After the expiration of three months from the last publication of the notice of the reorganization, the competent body of the legal entity subject to reorganization or created after the reorganization submitted to the state registration the following documents:
a) registration of the reorganization, in the form approved by State registration authority;
b) the draft contract of merger or dismantling project, as appropriate,
c) determination of reorganization adopted by the competent authority of each legal entity participating in the reorganization,
d) the constitution of legal entities participating in the reorganization
e) constitutional documents of the newly created legal entity
f) document that confirms that the creditors of the securities offered or confirming the debt, if necessary
g) the authorization of

Article 20. Notification state registration body about starting procedure reorganization


Article 21. Documents necessary registration reorganization As appropriate;
[Art.21 of. (1), item g) of 19.12.11 amend the LP261, MO21-24/27.01.12 Article 52]
    h) the act of transmission or distribution balance, if any;
    i) a copy of the legal entity reorganization notices, published according to article 72 of the Civil Code;
    j) the document confirming payment of registration fee.
 (2) Prior to submitting documents for registration reorganization, legal person, as a result of reorganization, ceases to exist is liable, on oath, under penalty payment of damages, to close the account (s) and destroy bank stamp, as appropriate.
 (1) Registration of legal entities subject to reorganization by merger (merger and absorption), dismantling (splitting and separation) or transformation is performed in the manner and in accordance with Article 11.
 (2) reorganization by merging legal entities shall be deemed terminated from the moment of state registration of legal entity created by the merger. Constitutional documents of the legal entity created by the merger will contain provisions on the acquisition of all rights and obligations of corporate property reorganized by merging.
(3) legal entity created by the merger is given a new state identification number. Legal persons participating in merger cease to exist and is excluded from the State Register.
 (4) In case of reorganization of legal entities by acquisition, the acquiring legal entity operating the constitutional documents changes on the takeover of all property rights and obligations of legal entities absorbed.
 (5) the acquiring legal person retains its state identification number. Legal person acquired ceases to exist and is excluded from the State Register.
 (6) reorganization by division legal person shall be deemed terminated from the moment of state registration of legal entities created by the division. Corporate constitutional documents created by the division will contain provisions on the acquisition, the balance sheet distribution, that party's property rights and obligations of legal entities divided.
 (7) legal persons created by the division are assigned new numbers state identification. Reorganized the division legal person ceases to exist and is excluded from the State Register.
 (8) If the reorganization of legal separation, it operates the constitutional documents of the transmission changes in the balance of distribution, that party of its rights and obligations existing legal persons or property arising from the division.
 (9) documents establishing legal entities existing or arising from the separation will contain provisions on the acquisition, the balance sheet distribution, that party's property rights and obligations of the reorganized legal entity by separation.
 (10) by separating reorganized legal person retains its state identification number. Legal entity created by the separation and gets a state identification number.
 (11) The reorganization of the legal person shall be deemed terminated by conversion of when state registration of legal entity created by the transformation. Constitutional documents of the legal entity created by the transformation will contain provisions regarding the taking in the instrument of assignment of all rights and obligations of the reorganized legal person's property by transformation.
 (12) by transformation reorganized legal person retains its state identification number.


Article 22. Mode of registration of legal entities subject to reorganization

[Article 22 of. (13) repealed by the LP127 06/18/10, MO155-158/03.09.10 art.543]
  (4) If, after removal of the legal entity of the State Register, the state registration body received a court decision on reopening the liquidation of the entity, the state registration authority shall, ex officio, the decision to restore the data from the State Register under the situation up to the cancellation of the legal person. If the court appoints a new liquidator, in the State Register will register data liquidator appointed.
  (5) Removal from the State Register of legal entities which was reopened on liquidation procedure performed under a court order.
    (2) The records or original documents from the files of evidence shall not be issued.
    (2) original documents from the files of evidence can be presented in the hearing at the request of the court. (2) The records or documents in original files can be picked out as determined by the Code of penală.În function registrar undertakes person licensed as a contest. Regulation on the contest for the position of registrar is approved by the state registration body.
(1) The Chamber has, on paper or electronically, the National Social Insurance, National Insurance Company, National Bureau of Statistics and State Tax Inspectorate of the State Register information on registration, reorganization or liquidation of legal or private entrepreneur and the changes in their constitutional documents within 3 working days of registration.
    (14) body of state registration of legal entity that records created as a result of this reorganization record in the State Register and State Register radiates reorganized legal person.
    (15) reorganization of legal registration is conducted by the state registration body that is registered legal entity subject to reorganization.

Chapter V - DELETING BUSINESSES FROM REGISTER OF STATE


        (1) dissolution of legal person registration is performed in accordance with Article 89 of the Civil Code.
       (2) The registrar shall make a decision on dissolution of legal entity registration and recorded in the State Register information. The dissolution of legal person registration, state registration body part in the State Register entry "in liquidation". From this moment on participation, the legal person in liquidation as the founder (shareholder) other legal entity.
       (3) Dissolution of juridical person brings up the liquidation, except as provided in paragraph 86. (2) of the Civil Code. On dissolution of legal person registration, its administrator becomes the liquidator if the competent body or court designates another person as liquidator.
      (4) Within three days of his appointment, the liquidator shall notify the designation to state registration authority has registered legal entity and, for entering the data in the State Register, submit the following documents: a) application, according to sample approved by the state registration b) the decision appointing the liquidator. The appointment of liquidators more common with right of representation in the legal entity, the State Register will be included and their data.
     (5) If one or more designated fiduciary, it (they) shall notify the designation (s) within the state registration authority and as indicated in para. (4). (1) for removal from the State Register of legal entities shall be submitted the following documents:
 a) request for removal, according to sample approved by the state registration
 b) liquidation balance sheet and asset allocation plan, approved by the body or court which appointed liquidator,
 c) document that confirms that the central government debt, made in accordance with the procedure laid down in Art. Article 7. (3),
 d) copies of notices of reorganization or liquidation of legal entity, issued under article 72 or 91 of the Civil Code. (2) Prior to submitting documents for removal from the State Register, the legal person in liquidation is required, on their honor, to close the account (s) bank and hand stamp body authorized for destruction. (3) If it is in force a court decision on liquidation and cancellation of legal entity from the state registry, filing documents referred to in para. (1) is not required. (1) liquidator applies for cancellation of the entity from the State Register in the terms and conditions of Article 98 of the Civil Code. (2) The legal entity is deemed liquidated at the time of the decision of removal from the State Register. (3) The registrar shall make a decision for cancellation within 3 working days from receipt of cancellation.

    Article 23. Registration of dissolution


    Article 24. Documents required for removal businesses in the State Register


    Article 25. Removal from the Register of legal entities state

  
[Art.25 of. (4) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]
[Art.25 of. (5) introduced by the LP127 06/18/10, MO155-158/03.09.10 art.543]
  (7) founders list denied, according to Article 13. (1) c), to register people newly founded S. Q. will be presented by the State Registration Chamber of the State Tax Inspectorate , according to a regulation approved by the Government.
  (8) Based on the information submitted by the State Tax Inspectorate on legal entities which have applied the provisions of article 174 of the Tax Code, Q. S. State Registration Chamber shall remove such persons from the State Register. in the absence of central government debts (1) legal person, within 12 months of registration, failed to file fiscal reports provided by law, and no operation performed on any bank account shall be considered was closed (below - legal inactive). (2) In case referred to in paragraph clues. (1) and inactive if the legal person has no debt to central government, not the founder of another legal entity and has no branches and offices, the State Registration Authority procedure initiated ex officio removal from the state register of legal persons inactive, adopting the decision to initiate cancellation proceedings. (3) Within 3 working days of the decision to initiate proceedings for removal from the State Register, the State Registration Authority will advertise it free on his official website and the Official Gazette of the Republic of Moldova a notice of the initiation procedure for removal from the state register of legal persons inactive. Opinion will contain data on how and submission of requests for inactive legal entity to be removed, the claims by creditors or other interested person and the address where they can be made. (4) applications and claims may be submitted not later than 6 months after publication of the notice referred to in para. (3). (5) Within 3 working days after the deadline for submitting applications and claims by interested parties, whether applications and claims were not submitted, the state registration body shall ex officio order the cancellation of the state register of legal entities inactive and radiates. The submission of applications and claims, settlement and removal from the State Register of legal entities shall be inactive under general conditions prescribed by law, the state registration body is not entitled to decide on its own removal from the state register of legal persons inactive. (6) State Tax Inspectorate body shall submit quarterly information on state registration of legal persons who, within 12 months of registration, had no fiscal reports provided by law, and did not perform operations on any account bank debt indicating whether or not the central government to decide on their deletion from the State Register.

   Article 26. Removal of juridical persons from State Register

    [Article 26 of. (7) amended by LP109 from 04/06/10, MO131-134/30.07.10 art.443]
    [Article 26 of. (7) introduced the LP145-sixteenth of 07/27/08, MO127-130/18.07.08 art.500; into force 01.01.09]
    [Article 26 of. (8) of 04.06.10 amended by LP109, MO131-134/30.07.10 art.443]
    [Article 26 of. (8) introduced the LP145-sixteenth of 07/27/08, MO127-130/18.07.08 art.500; into force 01.01.09]
    
 (1) For removal from the State Register of subsidiaries and representatives, the state registration body shall submit the following documents:
  a) request for removal, in the form approved by the state registration body,
  b) the relevant decision of the legal person was branch or representative office.
 (2) Removal of branches and representative offices of foreign legal persons shall be in accordance with local legal entity set for deletion.
 (3) The registrar shall make a decision for cancellation within 3 working days after receipt of the necessary


  Article 27. Documents required for eraser branches and representatives from the Register
state

Chapter VI - STATE REGISTRATION ENTREPRENEURS INDIVIDUAL

    (1) For state registration of individual entrepreneurs to submit the following documents:
       a) the application for registration, in the form approved by the state registration body,
       b) a document confirming payment of registration fee.
    (2) Documents the state registration of individual entrepreneurs shall be as provided in Article 8.
    (3) The state registration check the identity and legal capacity of the individual.
    (4) The registrar, within 3 working days after submission, shall make a decision to refuse registration or registration.
    (5) Decision of registration shall be in accordance with article 14.
    (6) Documents filed by the entrepreneur with the registration decision is kept in the archive record in the state registration authority. (1) entrepreneur is obliged, within three days from the date of change previously entered data in the State Register, to submit to the state registration the following documents:
 a) the application for registration of changes, in the form approved by the registration authority state,
 b) a document confirming previous data changes entered in the State Register,
 c) a document confirming payment of registration fee changes. (2) The registrar, within 3 working days after submission, shall make a decision to register the change or the decision to refuse to register the changes. (1) The state registration of individual entrepreneur is not allowed if:
 a) the individual is already registered as individual entrepreneur;
 b) the person is deprived by court decision, the right to practice the business. (2) In cases referred to in para. (1), the registrar shall make a decision to refuse registration. (3) State registration may be refused for inappropriate reasons. (4) Refusal of state registration can not prevent repeated submission of documents for registration if the causes were removed served as grounds for refusing registration. (5) decision to refuse registration can be challenged in court and may be canceled only by the court. (1) The entrepreneur shall cease: a)

    Article 28. Request entrepreneur. The procedure of state registration of entrepreneurs


    Article 29. Modification of data entered in the Register State of entrepreneurs


    Article 30. Denial of registration entrepreneur individual


    Article 31. Stopping quality individual entrepreneur


    [Article 31. (1), item a) amended by LP145-sixteenth of 27/07/08, MO127-130/18.07.08 art.500, effective 7/18/08]
    b) the court decision,
    c) in case of death,
    d) on other grounds established by law.
 (2) entrepreneur activity shall be deemed terminated since its deletion from the State Register.
 (3) Removal from the State Register of entrepreneur on his own initiative is based on application of radiation, the model approved by the state registration body.
 (4) The registrar, within 3 working days after submission of the documents mentioned in para.
 (1) shall make a decision for removal.

Chapter VII - State Register

        (1) State Register is maintained in accordance with law on the books, this law and other regulations.
        (2) Maintenance of State Register is the data entry in this legal entities, including their branches and subsidiaries, registered, reorganized and liquidated on amendments to the constitutional documents and other data about businesses, as well as data on acquisition and termination of individual entrepreneurship by individuals.
        (3) State Register shall be taken on paper (evidence file) and electronically through the automated information system.
       (4) State Register is held in language.
       (5) State Register is kept by the state registration body.
  (1) The state register of legal persons, legal person entered the following data:
   a) full and abbreviated name in the state,
   b) legal form of organization,
   c) registration and state identification number;
   d) located (postal address, phone, fax, electronic), including branches and representative
   e) legal entity (yes, no),
   f) country of origin of the founders,
   g) means creation (created or restructured) and sequencing data as
   h) the core activity and duration of activity
   i) name, surname, personal identification number (IDNP), address and telephone number of founders (shareholders) and administrator - individuals, state identification number, date of registration and location (postal address, phone, fax, e-mail address) of the founders (shareholders) - legal,
   j) type of ownership and funding sources;
   k) capital size and the rates of contribution of the founders (shareholders)
   l) data from annual financial report (for companies) - based on data provided by National Bureau of Statistics;
   m) full name, identity card data, address, telephone number and other data of the Trust Administrator and / or the insolvency administrator appointed by the court and the nominal composition of the management, supervision and control;
   n) time record amendments to the constitutional documents, the core changes
   o) date of the commencement, suspension or termination of reorganization, on the initiation of the insolvency process, on the application procedure or the dissolution plan, provided by law,
   p) data on suspension and resumption of
   q) data on licenses issued, suspended, revoked, canceled (presented by the Chamber Licensing),
   r) the cessation of activity (through reorganization, dissolution or removal from the State Register pursuant to the decision of the office of the state registration authority);
   s) liquidator data - name, address, ID number and personal identification number,
   t) data on passive businesses,
   u) the name and title of person who has registered.
(2) The State register of entrepreneurs fall following information on individual private entrepreneur:
   a) name, surname, personal identification number, address, phone,
   b) registration and state identification number,
   c) the core activity,
   d) data on licenses issued, suspended, revoked, canceled (presented by the Chamber of Licensing),
   e) date and reason for closure (on request, by court decision, death, etc.)
   f) name, name and position of the person who has registered.
 (3) Data entered in the Register of State in the documents submitted for registration.
 (4) The information included in the State Register on the phone (fixed, mobile), fax, e-mail address can be supplemented from other sources.
 (1) Data from the State Register and constitutional documents are public and accessible to all the conditions and limits provided by law on access to information, state secrets, trade secrets, protection of personal data, on registers, and and international treaties to which the Republic of Moldova.
 (2) Information from the State Register and the constitutional documents of the entity or individual entrepreneur natural person shall be issued upon request in the following forms:
   a) extract from state register;
   b) copies of the constitution;
   c) information constitutional documents;
   d) certificate of finding of fact.

  Article 32. Principles of keeping the State Register

  Article 33. Content of State Register

  Article 34. Character and how to provide public State Register information and documents formation

    [Article 34 of. (2) - (2) introduced by the LP127 06/18/10, MO155-158/03.09.10 art.543] 13
    (3) The term release information from the State Register and constitutional documents is 3 working days from date of request the applicant.
    (4) The price of children and statements issued from the State Register shall not exceed their administrative cost.


Chapter VIII - STATE REGISTER BODY

       (1) The state registration of legal entities and individuals referred to in Article 3 shall be made by the State Registration Chamber (the Chamber) through its regional offices.
       (2) The Chamber has the status of state enterprise.
       (3) The main tasks of the Chamber are:
          a) the state registration of legal entities and individual entrepreneurs;
          b) keeping the State Register,
          c) issuing statements from the State Register;
          d) legal assistance and other services in the registration State businesses and entrepreneurs;
          e) participation in developing the legal framework for state registration of legal entities and individual entrepreneurs;
          f) contribute or participate in research, evaluation and synthesis papers related to state registration,
         g) publishing the Official Gazette of the State Registration Chamber. (1) The registrar is empowered person for state registration of legal entities and individual entrepreneurs. Registrar working in the territorial office of the Chamber.

    Article 35. State registration authority

    Article 36. Register
[Art.36 of. (1) amended by LP127 from 6/18/10, MO155-158/03.09.10 art.543]
    (2) Registrar:
       a) consider requests on state registration of legal entities and individual entrepreneurs on record amendments to the constitutional documents and the information contained in the State Register, the entry of reorganization, suspension or resumption of work and requests for removal from the State Register;
       b) verify the identity of individuals - the administrator and the legal person founders and entrepreneurs, according to the database of State Population Register,
       c) authenticate documents corporate formation and changes made to the constitutional documents and the information contained in the State Register;
       d) legal persons registered, individual entrepreneurs or refuse to register their decision adopting
       e) examine repeated requests on the registration of State legal persons and individual entrepreneurs, on the record amendments to the constitutional documents and the data registered with the state on the registration reorganization, suspension or resumption of work and requests for removal from the state registry, check compliance by the applicant of the requirements indicated in the previous decision to refuse state registration
       f) receives in audience and give advice on matters of state registration of legal persons and individual entrepreneurs;
      g) presents information on state registration of local authorities and local tax inspectorates;
      h) keep records of businesses and entrepreneurs in the respective territorial office and the Chamber information that
      i) ensure the integrity and preservation of permanent records show
      j) Perform other duties related to state registration of legal persons and individual entrepreneurs.
(1) Chamber works with public authorities.

   Article 37. Co-working with public authorities


    [Art.37 of. (1) introduced the LP127 from 6/18/10, MO155-158/03.09.10 art.543]
    (2) Information from the State Register and corporate constitutional documents issued by public authorities to request a hard copy or electronic form.
   (3) Licensing Chamber Chamber reported monthly in electronic form, data on licenses issued, suspended, withdrawn and canceled.
  (4) The detection of unauthentic documents (false), Chamber announces that law enforcement and control to take the necessary actions.
  (5) The records of legal entities, branches and representatives of entrepreneurs and resolve control and law enforcement only in cases provided by law. Violating this law entails administrative liability, civil or criminal, in accordance with law.


    Article 38. Liability

Chapter IX - FINAL AND TRANSITIONAL

        (1) This Law shall enter into force six months after publication.
        (2) Upon entry into force of this Law, the Law nr.1265-XIV of 5 October 2000 on State registration of enterprises and organizations.
        (3) individual enterprises registered before the entry into force of this Law shall be considered as individual entrepreneurs and not be subject re-registration.
        (4) State registration as individual entrepreneur, individuals who have ceased patent-based business because of time limits laid down in Article 18 para. (2) of Law No. 93-XIV of 15 July 1998 on entrepreneurial patent and shall be annexed to it for free.
        (5) The requirement regarding the term provided for in Article 26 para. (1) applies if it has expired before the entry into force or within one year after the entry into force of this law.
       (6) Government within three months:
 a) submit to Parliament proposals for the legislation in force in accordance with this act;
 b) amend its regulations under this law.

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