LAW OF THE REPUBLIC OF MOLDOVA

of February 24, 2006 No. 33-XVI

About warehousing of grain and the mode of warehouse certificates on grain

The parliament adopts this organic law.

This law establishes legal and economic basis of warehousing of grain and market grouping of grain, regulates legal relationship of subjects of this market.

Chapter I. General provisions

Article 1. Basic concepts

In this law the following basic concepts are used:

grain - the seeds of bread cereals, leguminous and oil-bearing crops used for the food, fodder and technical purposes;

grain conversion products - flour, grain, raw materials for production of compound feeds, the mixes containing grain components, cake and meal, compound feeds, other by-products of conversion of grain;

grain conditioning - cleaning, drying, aeration, disinfecting and other engineering procedures of reduction of quality of grain in compliance with requirements of regulations;

grain batch - amount of grain, homogeneous on quality, intended to simultaneous acceptance, shipment or storage, drawn up by one quality certificate;

grain test - the certain amount of grain which is selected from grain batch according to provisions of regulations on standardization;

rate of natural loss - the established indicators including the biological losses connected with grain life activity and the mechanical losses taking place as a result of spraying in the course of transactions on grain loading unloading;

grain grading - set of the qualitative indexes characterizing the consumer value of grain conforming to requirements of standards, specifications and other regulations;

grain market infrastructure - complex of the subjects performing the productive and non-productive activity connected with production, procurement, conversion and sale of grain, insurance, rendering financial and credit and other services in the grain market;

the depositor - physical person or legal entity, being the owner of certain amount of the grain transferred for warehousing to the keeper of grain;

the warehouse certificate on grain - the document issued by the keeper of grain to the depositor instead of the grain received from it, certifying the property right to grain and consisting of the receipt on warehousing and receipts on pledge of the warehoused grain;

the holder of the warehouse certificate on grain - any physical person or legal entity which as the owner of the warehouse certificate on grain has the right to demand from the keeper of grain of return on the first demand of the grain specified in the warehouse certificate instead of this certificate;

the holder of the receipt on warehousing - any physical person or legal entity, being the owner of the receipt on warehousing separated the receipt on pledge of the warehoused grain, and having the rights certified by the receipt on warehousing;

the holder of the receipt on pledge of the warehoused grain - any physical person or legal entity which is the pawnbroker of the warehoused grain on demand, certified by the receipt on pledge of the warehoused grain separated the receipt on warehousing;

the endorsement - the endorsement on the warehouse certificate on grain confirming concession to other person of the rights to possession of this document;

grain warehouse - land construction or complex of the land constructions (including silo or other adjacent constructions and technical constructions) located on one site, the grains which are in property of the keeper or managed by it and used especially for grain storage;

grain warehousing - activities for provision of services, performed by grain warehouse, including transactions on acceptance, conditioning, storage and return of grain;

the keeper of grain - the legal entity of private law rendering services in warehousing of grain with issue of warehouse certificates on grain;

regulations of the keeper of grain - the document determining on the basis of this law and other regulations procedure for acceptance, storage and return of grain, the size of rates for storage of grain and on the additional services connected with grain storage, accounting treatment for storage conditions and grain conditioning, the procedure of issue and repayment of warehouse certificates on grain;

the register of the keeper of grain - the system of records reflecting accounting of movement of the grain accepted on storage, and also accounting of the granted and extinguished warehouse certificates on grain;

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