LAW OF THE REPUBLIC OF MOLDOVA

of July 7, 2006 No. 206-XVI

About support of the sector of the small and medium companies

In view of special value of the sector of the small and medium companies in ensuring sustained economic growth of the Republic of Moldova, need of its support by creation of the stable legal and economic conditions promoting development of business activity based on Item r) parts (3) article 72 of the Constitution of the Republic of Moldova.

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(1) the Purpose of this law is creation of the institutional, regulating and administrative circle favorable for development of the sector of the small and medium companies.

(2) This law establishes bases and legal, economic and organizational forms of the state support of development of the sector of the small and medium companies.

(3) the Criteria provided by this law are basic and do not deprive the state of the right to pay special attention to the sector of the small and medium companies.

Article 2. Classification of the companies on micro, small and medium. Their determination

(1) the Sector of the small and medium companies is created from set of the micro, small and medium companies.

(2) the Microcompany is the business entity corresponding to the following criteria: the annual average number of workers is no more than 9 people, the annual amount of sales returns no more than three million lei, all-annual book value of assets no more than three million lei.

(3) Small enterprise is the business entity corresponding to the following criteria: the annual average number of workers no more than 49 people, the annual amount of sales returns no more than 25 million lei, all-annual book value of assets no more than 25 million lei, except for the business entities falling under action of part (2).

(4) Medium scale enterprise is the business entity corresponding to the following criteria: the annual average number of workers no more than 249 people, the annual amount of sales returns no more than 50 million lei, all-annual book value of assets no more than 50 million lei, except for the business entities falling under action of parts (2) and (3).

(5) For the purpose of this law subjects of the sector of the small and medium companies also managing subjects - the physical persons performing business activity on condition of compliance to the criteria specified in parts (2) - are recognized (4).

(6) Operation of this law does not extend on:

a) the business entities holding dominant position in the market;

b) business entities in whose authorized capital the founder's share (the unitholder, the participant, the shareholder) - the legal entity who is not the subject of the sector of the small and medium companies exceeds 35 percent, except for non-profit organizations;

c) trust and insurance companies;

d) investment funds;

e) the business entities importing excise goods;

f) banks, microfinancial institutions, savings and loan associations and other financial institutions;

g) exchange currency cashes and pawnshops;

h) the companies operating in the field of gaming.

(7) Provisions of this law extend only to categories of the micro, small and medium companies with participation of exclusively private equity.

Article 3. Status of the micro, small and medium company

(1) Business entities are qualified as micro, small or medium scale enterprises according to the criteria established in parts (2) - (5) Articles 2, for the purpose of:

a) carrying out statistical works on evolution of the sector of the small and medium companies;

b) uses of the privileges or releases provided for the micro, small and medium companies by the laws and regulations of the Government;

c) participations in programs of support of the sector of the small and medium companies;

d) implementation of other measures provided by the current legislation.

(2) the Status of micro, small or medium scale enterprise is determined:

a) on the basis of the Declaration constituted under the personal liability (further - the declaration) by means of which the business entity under the personal liability confirms the compliance to criteria of the subject of the sector of the small and medium companies;

b) in case of classification of the companies by National bureau of statistics according to Item a) parts (1) on the basis of the data provided by business entities in financial and statistic reports.

(3) In the cases specified in Items b) and c) parts (1), the declaration moves in the organization (bodies, public organizations, the state companies) administering privileges, releases or programs of support of the micro, small and medium companies. Other cases and procedure for use of the declaration are provided by the current legislation.

(The Declaration contains 4):

a) identification data of business entity (name, location, registration number);

b) name and position of person which signed the declaration;

c) form of business of business entity;

d) annual average number of workers;

e) annual amount of sales returns;

f) all-annual book value of assets;

g) the list of founders (unitholders, participants, shareholders) - legal entities whose share in the authorized capital of the company exceeds 35 percent;

h) the annual average number of workers, the annual amount of sales returns, all-annual book value of assets, form of business of founders (unitholders, participants, shareholders) - legal entities whose share in the authorized capital of the company exceeds 35 percent.

(5) the List of the elements of the declaration specified in part (4), is exhaustive and is not subject to extensive interpretation.

(6) the Right to use of privileges, releases and to participation in programs of support of the sector of the small and medium companies is performed on the basis of the declaration.

(7) the Organization (body, public organization, the state company) administering privileges, releases or programs of support of the micro, small and medium companies shall register the declaration without delay after its obtaining and issue to business entity its second copy on which its registration number is specified and the organization is sealed.

(8) the Business entity can direct the declaration by mail the registered mail with the assurance of receipt to the organization administering privileges, releases or programs of support of the micro, small and medium companies. The date of delivery of the letter specified in the assurance of receipt is considered date of submission of the declaration.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info