LAW OF THE REPUBLIC OF MOLDOVA

of March 27, 2025 No. 66

About fight against delay of obligation fulfillment on payment based on the agreements signed between professionals or between professionals and bodies of the public power

The parliament adopts this organic law.

This law partially shifts parts (1) - (3) articles 1, of article 2 and 3, part (1), part (3), Item (a) of part (4), parts (5) and (6) Articles 4, Article 6, of part (1) - (3) and (5) Articles 7, of part (1) and (3) Article 8 and part (2) Article 9 of the Directive of the European parliament and Council 2011/7/EU of February 16, 2011 about counteraction to payment delays in commercial transactions (in the new edition), CELEX: 32011L0007, published in the Official magazine of the European Union by L 48 of February 23, 2011.

Chapter I. General provisions

Article 1. Purpose and scope of the law

(1) the Purpose of this law is assistance of competitiveness in business environment and fight against delay when implementing the payments following from the agreements signed between professionals or between professionals and bodies of the public power, providing thereby competitiveness of the companies, in particular small and medium scale enterprises.

(2) This law is applied to the unconditional, liquid and subject to execution requirements consisting of obligations on payment of the sums of money following from delivery note or the agreement signed between professionals or between professional and body of the public power which subject is delivery of goods, performance of works or rendering services, including designing and accomplishment of social jobs, construction of buildings and performance of works in civil engineering.

(3) This law does not extend to the following types of requirements:

a) the requirements confirmed within the procedure of insolvency according to the Insolvency act No. 149/2012, or the requirements which are subject to extrajudicial settlement;

b) the requirements following from the agreements signed between professionals and consumers.

Article 2. Basic concepts

For the purposes of this law the following basic concepts mean:

1) body of the public power - any buying body, according to the definition given in article 13 of the Law on public procurements No. 131/2015 and article 3 of the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020;

2) the agreement - the relations between professionals or between professional and body of the public power which subject is delivery of goods, performance of works or rendering services in exchange for the monetary reward;

3) the requirement - the main amount which is subject to payment during established by the agreement or the law of payment due date, including the charges specified in the invoice or the equivalent requirement about payment;

4) percent for delay when implementing payments - the percent established by the law for delay when implementing payments or the penalty established by agreement of the parties;

5) the percent established by the law for delay when implementing payments - percent to which the creditor for delay when implementing payments has the right and which represent indicative rate plus 9 percent points in accordance with the terms, provided by part (2) Article 942 of the Civil code No. 1107/2002;

6) penalty - treaty stipulation, stipulated in Article 947 Civil codes No. 1107/2002, according to which the parties make provisional estimate of losses, determining that in case of non-execution of the obligation the debtor shall pay to the creditor sum of money or transfer certain thing (penalty);

7) delay when implementing payments - non-execution in time obligations (cash) on payment, arising based on the agreement or the law if the conditions provided by this law are complied;

8) the professional - is used in the value determined by part (2) Article 3 of the Civil code No. 1107/2002;

9) indicative rate - the basic rate applied to the main short-term transactions of monetary management of National Bank of Moldova.

Chapter II. Execution of contractual monetary commitments between professionals

Article 3. Determination of percent for delay

(1) In the relations between professionals the creditor has the right to levy percent for delay and the minimum indemnification established in Article 10, for implementation with delay of payments without notification requirement, reminding to the debtor of its obligation to make payment.

(2) On the requirement following from the price of the delivered goods of the performed works or the rendered services, percent for delay according to the procedure, stipulated in Article 942 Civil codes No. 1107/2002, in cases when are charged:

a) the creditor, including his subcontractors, fulfilled the contractual and legal commitments;

b) the creditor did not receive execution of monetary commitment in time, except as specified, when the debtor does not bear responsibility for delay.

Article 4. Percent for delay

(1) If contracting parties did not establish interest rate, the creditor has the right to the percent established by the law for payment delay calculated according to the procedure, stipulated in Article 942 Civil codes No. 1107/2002.

(2) During the whole half-year the indicative rate, stipulated in Article 874 Civil codes No. 1107/2002, operating for the first day of half-year is applied.

Article 5. Payment due date under the agreement signed between professionals

(1) Completion date of the monetary commitments provided by the agreements signed between professionals cannot exceed sixty days in accordance with the terms and the exceptions provided by part (1) Article 862 of the Civil code No. 1107/2002, or thirty days in the cases provided by parts (3) and (4) article 862 of the specified code.

(2) Any contractual condition contradicting provisions of this Article and causing damage to monetary commitment is insignificant according to part (5) Article 862 of the Civil code No. 1107/2002.

Chapter III. Execution of contractual monetary commitments between professionals and bodies of the public power

Article 6. The percent established by the law for delay

(1) In the contracts signed between professionals and bodies of the public power for the receivable requirement for the delivery price of goods, performance of works or rendering services the percent established by the law for delay are charged if provisions of article 3 of this law and Article 942 of the Civil code No. 1107/2002 are observed.

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