ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 10, 2007 No. 1008

About approval of the Regulations on the organization and functioning of the Agency of public property subordinated to the Ministry of Economics, and its extreme number of staff

For the purpose of execution of provisions of the Law No. 121-XVI of May 4, 2007 on management of public property and its privatization (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), and also the Law on public and private partnership No. 179-XVI of July 10, 2008 (The official monitor of the Republic of Moldova, 2008, Art. No. 165-166, 605) DECIDES: the Government

1. Approve:

Regulations on the Agency of public property under the Ministry of Economics according to appendix No. 2;

the list of the companies subordinated to the Agency of public property in case of the Ministry of Economics, according to appendix No. 3;

changes which are made to some orders of the Government, according to appendix No. 4.

2. Establish the extreme number of the Agency of public property under the Ministry of Economics in number of the 52nd person with the annual salary fund according to the current legislation.

3. The agency of public property under the Ministry of Economics will have the deputy director.

4. Provide to the Ministry of Economics change of the staff list and make to the Ministry of Finance offers on the means necessary for ensuring activities of the Agency of public property in case of the Ministry of Economics, proceeding from the structural changes provided by this resolution.

5. The agency of public property under the Ministry of Economics is legal successor of the Agency on privatization under the Ministry of Economics.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of September 10, 2007 No. 1008

It is excluded according to the Order of the Government RM of 17.08.2012 No. 620

Appendix No. 2

to the Order of the Government of the Republic of Moldova of September 10, 2007 No. 1008

Regulations on the Agency of public property under the Ministry of Economics

I. Basic provisions

1. The agency of public property under the Ministry of Economics (further - the Agency) is administrative authority which performs the activities in subordination of the Ministry of Economics.

2. The agency realizes policy of the state in areas:

managements and privatizations of public property, performing functions of the owner of the property belonging to the state, in accordance with the established procedure and within the conferred powers;

post-privatization activities;

public and private partnership.

3. In the activities the Agency is guided by the Constitution of the Republic of Moldova, the Law on management of public property and its privatization No. 121-XVI of May 4, 2007, the Law on public and private partnership No. 179-XVI of July 10, 2008 another acting legislative and regulations, international agreements which party the Republic of Moldova is, and also this provision.

4. The agency is legal entity, has seal with the image of the State Emblem of the Republic of Moldova and the name in state language, has treasurer accounts, financial resources and materials.

5. The agency in the activities cooperates with bodies of the central and local public authority, with the international organizations.

6. The structure of the Agency affirms the order of the Minister of Economic Affairs, and extreme number – the Government.

II. Mission, main functions, obligations and rights of the Agency

7. The mission of the Agency is ensuring realization of state policy of management and privatization of public property, with accomplishment of function of the owner of the property belonging to the state, in accordance with the established procedure and within the conferred powers. In pursuance of provisions of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007 the Agency has the following main functions:

a) provides observance of the rights and valuable interests of the state;

b) initiates in coordination with the Ministry of Economics according to the legislation creation and/or liquidation of the state companies and commercial societies with the state ownership ratio and has the right to perform functions of the founder of the state companies;

c) represents the Republic of Moldova in the relations with the international organizations in the field of the activities;

d) gives methodological and practical help to the economic questions agents concerning corporate management;

e) informs the Government and civil society on activities of the Agency;

f) in coordination with the Ministry of Economics, provides on behalf of the state consolidation of blocks of shares and shares in the companies which are of national interest.

8. In the field of management of public property the Agency has the following obligations:

a) performs shareholder rights on behalf of the state;

b) in coordination with the Ministry of Economics provides transfer of the public property which remained in economic maintaining the companies, fully or partially privatized;

c) in coordination with the Ministry of Economics performs activities for recognition of the property right over property of the Republic of Moldova in the territory of other countries and vice versa;

d) resolves, according to the legislation, transfer to lease of property, the cassation or the asset sale which is not used in engineering procedure or their write-off at the jurisdictional enterprises, and also asset sale which are not used by the companies included in the list of objects, privatizeable;

e) performs functions of the shareholder (property shares) in commercial societies with completely or partial state capital;

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