of February 17, 2025 No. 9/2
About approval of the Instruction about procedure for collection of charges and payments by the National commission on the financial market
Based on article 6 of the Law on the National commission on the financial market No. 192/1998, National commission on the DECIDES: financial market
1. Approve the Instruction about procedure for collection of charges and payments by the National commission on the financial market it (is applied).
2. This resolution becomes effective from the date of acceptance, is published in the Official monitor of the Republic of Moldova and on the NKFR (www.cnpf.md) official web page.
Chairman
To Dumitr Budiyanski
Approved by the Resolution of the National commission on the financial market of the Republic of Moldova of February 17, 2025 No. 9/2
1. The instruction about procedure for collection of charges and payments by the National commission on the financial market (further – the Instruction) establishes procedure for determination of payment amount and the charges levied by the National commission on the financial market (further – NKFR), including the term of their payment.
2. The instruction is applied to members of the non-bank financial market whom issuers of securities treat (further – the issuer), persons having the license or the operating authority in the capital market, the facultative pension funds and their administrators, service providers of collective financing, and also subjects of the relations on regulation, supervision and control in the sphere of consumer protection (further – participants of the market)
3. In the bank payment order in the Section „Purpose of payment" is specified the name of paid charges / payments and the period for which payments are made.
4. Charges from the amount of issue of securities are paid by the issuer of securities and calculated by formula:
T=SE x t
where:
T – collection cost;
SE – the amount of issue of securities (lei);
t – amount of collection (%).
5. Transfer of collection from the amount of issue of securities is performed before date of submission by the issuer to NKFR of the documents necessary for registration of issue of securities.
6. Payment of collection is confirmed by the payment order issued by financial institution which is represented in NKFR along with documents for registration of issue of securities.
7. In case of response the issuer of the statement for registration of issue of securities, according to the written application of the issuer, collection from the amount of issue of securities is subject to return.
8. Collection return, according to Item 7, is made within 5 working days from registration date of the corresponding statement of the issuer. According to the written application of the issuer, in case of withdrawal of the statement for registration of issue of securities, the fee paid can be used for payment of other charges and payments.
9. In case of decision making of NKFR about refusal in allowance of the application about registration of securities, payments and charges from the amount of issue of securities are not subject to return.
10. Charges from the security transactions which are carried out in the controlled market within multilateral trade system (further – MTS) or beyond its limits, as a rule, are born by the buyer if other is not provided by the parties of transactions or the legislation.
11. If the term which is extremely established for calculations falls on the last day of month under report, charges from the security transactions performed in the regulated market / MTS for month under report are determined proceeding from the cost of the security transactions registered in month under report.
12. Is responsible for payment of the charges connected with transactions with securities:
1) the member of the controlled market or MTC on security transactions, performed in the controlled market or within MTC which provides transfer of collection in final, established for calculations, term;
2) registration society or investment society for the security transactions performed out of the controlled market and within MTC which checks and provides collection collection, until registration of the property right to securities in the register of owners of securities;
3) JSC Ediny Central Securities Depository for check of payment of the charges connected with the transfer of securities made out of the controlled market and within MTC registered by JSC Ediny Central Securities Depository.
13. The charges connected with transactions with securities are paid by payers in cash desk or on the settlement account of person, responsible for their payment, and subsequently are transferred into the settlement account NKFR.
If the amount of collection or payment exceeds 1 000 lei, the payer (the party participating in the transaction) has the right to transfer the amount directly to the settlement account NKFR.
14. Persons responsible for payment of the charges specified in the subitem 1) and the subitem 2) of Item 12, transfer the total amount of charges into the settlement account NKFR no later than the 5th day of the next month.
15. Payments of operators of the market, investment societies or investment societies of the using MTC, registration societies and investment advisers are made annually, till May 31 of the year following after accounting year from the annual amount of the registered income, based on information included in the annual financial reporting.
16. Payments of the organizations of collective investment, are performed by their administrators, from annual average net assets value, annually, till January 25 and are determined by the following formula:
P=AN x p
where:
P – payment amount;
AN – net assets value for the end of accounting year (lei);
p – amount of payment (%).
17. Payments of the facultative pension funds are made by their administrators from annual average net assets value, annually, till January 25 and are determined by the following formula:
P=AN x p
where:
P – payment amount;
AN – net assets value for the end of accounting year (lei);
p – amount of payment (%).
18. Payments of the insurance companies, insurance and/or reinsurance intermediaries (1) are made monthly, to the 25th of each calendar month, for the last month and are determined by the following formula:
P=PBS x p
where:
P – payment amount;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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