of October 14, 2004 No. 338-XV
About privatization of the companies in settlements of left bank of Dniester and Bender's municipium
For the purpose of ensuring social protection of persons living in settlements of left bank of Dniester and Bender's municipium, their property rights and interests and also non-admission of violations of their rights and interests in the course of privatization of the companies located in settlements of left bank of Dniester and Bender's municipium
The parliament adopts this organic law.
(1) Subject to privatization are the left banks of Dniester and Bender's municipium belonging to the state or administrative and territorial units of the company, located in settlements.
(2) operation of this law does not extend To agricultural enterprises.
(1) can take part In privatization of the companies:
a) employees of the companies, privatizeable;
b) the employees of the privatizeable companies on the date of entry into force of this law dismissed on the bases which are not connected with work misconduct, and who are not working at the time of privatization at other company;
c) pensioners on the bases provided by the current legislation which last place of employment was privatized company;
d) the persons performing compulsory military service at the call of, being at the time of appeal employees of the companies, privatizeable.
(2) Persons specified in part (1), can participate in privatization through the representatives according to the current legislation.
The privatized companies are transferred to private property to participants of privatization free of charge, in proportion to share of their participation in value creation of the relevant company.
(1) the Decision on privatization of the company is made by general meeting of labor collective with participation of persons specified in Items b) - d) parts (1) Article 2.
(2) the Procedure for convocation and holding the general meeting provided by part (1), decision makings about privatization of the company and distribution of shares between participants of privatization it is established by the Government.
(1) Body, authorized to be effective from employee name of the company and the other persons specified in part (1) Articles 2, the Council for privatization elected the general meeting provided by part (1) Article 4 is.
(2) is Within the competence of Council for privatization:
a) giving in authorized bodies of the statement for privatization of the company;
b) control of cost determination of the company;
c) agreement signature about privatization of the company.
(1) Preparation of the company for privatization is performed by the commission created by Department of privatization together with Council for privatization based on the resolution of department.
(Preparation for privatization includes 2):
a) reorganization of the company;
b) value assessment of the company;
c) development of the agreement on privatization.
The company, privatizeable, will be reorganized into joint-stock company according to the current legislation.
(1) the Agreement on privatization is signed in writing and is signed by persons authorized by body of public management and Council for privatization.
(2) In 14-day time from the date of agreement signature about privatization of the party shall perform reception-transmission of property of the company.
(1) Within a month from the date of privatization Council for privatization holds general meeting of participants of privatization of the company.
(2) General meeting of participants of privatization of the company:
a) makes the decision on the distribution of shares between participants of privatization according to the procedure established by the Government;
b) chooses management of joint-stock company;
c) makes other decisions according to the current legislation.
(1) based on the decisions made by general meeting of participants of privatization, the new management of the company performs registration of the changes made to constituent documents of joint-stock company according to the current legislation about joint-stock companies and the capital market.
(2) the Property right of physical persons to shares of the companies is registered the subject recording owners of securities according to the current legislation.
The state guarantees the property right of participants of privatization to the objects privatized according to this law and other regulations of the Republic of Moldova.
(1) the Privatization of the company performed with violations of provisions of this law and other regulations of the Republic of Moldova is recognized invalid from the moment of agreement signature about privatization.
(2) Non-compliance with provisions of this law and other regulations of the Republic of Moldova involves the responsibility provided by the current legislation.
This law becomes effective since January 1, 2005.
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