LAW OF THE REPUBLIC OF MOLDOVA

of October 19, 2007 No. 220-XVI

O of state registration of legal entities and individual entrepreneurs

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Field of regulation

This law regulates the procedure of state registration of legal entities and individual entrepreneurs, procedure for maintaining the state registers of legal entities and individual entrepreneurs, and also establishes legal status of body of state registration and the registrar.

Article 2. Basic concepts

For the purpose of this law the below-stated concepts mean the following:

the constituent document - the document of the legal entity developed according to the legislation;

The electronic bulletin of body of state registration (further - the Electronic bulletin) - the collection of the official data and information from the State register published on the web page of body of state registration;

the decision on creation - the document (the protocol, the order, the declaration) expressing intention of founders to create the legal entity;

state registration - the action of body of state registration consisting in the certificate of the fact of creation, reorganization, liquidation, suspension or renewal of activities of legal entities, their departments, and also modification of constituent documents of legal entities, entering of data into the State register, acquisition and the termination of legal capacity of legal entities, acquisition and the termination of quality of the individual entrepreneur by physical persons are consequence of what;

the individual entrepreneur - the physical person having full legal capacity, who is engaged on its own behalf and on the risk in business activity without formation of legal entity and registered in the procedure established by the law;

peasant farm - sole proprietor company, in the value determined by article 2 of the Law on peasant farms No. 1353/2000;

the state identification number (IDNO) - the single number code assigned by body of state registration for legal entities and individual entrepreneurs at the time of state registration and the employee for their identification in all information systems of the Republic of Moldova;

single window in case of state registration (further – single window) – the mechanism by means of which the body of state registration through single collection point provides to the parties involved in business activity, consultations on implementation of the legal formalities connected with creation and registration of the legal entity and individual entrepreneur, verification of the name of the legal entity, preparation of constituent documents, state registration, publication of information in the Electronic bulletin and also receives without participation of the applicant of registration from bodies of the public power information, necessary for registration through electronic networks, and provides to bodies of the public power information from the State register of legal entities and the State register of individual entrepreneurs for statement on the tax, statistical, medical and social accounting;

the invalid legal entity – the legal entity who within 12 months from the date of registration or within the last three years did not submit tax reports, stipulated by the legislation did not perform transactions according to one bank account, is not founder of other legal entity, has no departments, has no debt to the national public budget, is not registered as the payer of the VAT and has no the cash registers registered in the State Tax Administration with fiscal memory;

the passive legal entity - the legal entity who after registration acted, but afterwards for the last 12 months did not submit tax reports, stipulated by the legislation;

the invalid individual entrepreneur – the individual entrepreneur who within 12 months from the date of registration or within the last three years did not submit tax reports, stipulated by the legislation did not perform transactions according to one bank account, is not founder of other legal entity, has no departments, has no debt to the national public budget, is not registered as the payer of the VAT and has no the cash registers registered in the State Tax Administration with fiscal memory;

The state register of legal entities, the State register of individual entrepreneurs, the State register of peasant farms provided by the Law on peasant farms No. 1353/2000 (further - the State register), - the information resources which are components of the State register of legal units and containing data on the legal entities, individual entrepreneurs and peasant farms registered in the Republic of Moldova.

Article 3. Scope of the law

This law is applied in case of state registration of legal entities, their departments, physical persons - individual entrepreneurs and peasant farms if other legal acts do not provide other.

Article 4. Payment for state registration and provision of information

(1) For state registration of legal entities and individual entrepreneurs, for registration of the changes made to the constituent documents and data entered in the State register and for provision of services the payment in the amount of and procedure, established by the Government which size cannot be higher provided by appendix is levied. Depending on actual costs of body of state registration on rendering services in state registration and on provision of information the Government establishes separate rates for the services rendered in electronic form, and the services rendered at window which size cannot be above the rates provided by appendix.

(1-1) For registration of non-profit organization, changes in its charter and the State register the payment in the amount of and procedure, established by the Government is levied.

(2) the Re-registration of legal entities and individual entrepreneurs caused by change of the legislation is performed free of charge.

(3) Information from the State register is provided to bodies of the public power and public organizations only by means of platform of interoperability (MConnect) without collection of any payment.

(4) in case of rendering services by means of single window, and also other services, stipulated in Article 35, those are performed at the expense of payment for state registration, without collection from the applicant of registration of additional fare.

(5) part Provisions (4) are applied in case of state registration of legal entities, their departments and individual entrepreneurs, including in case of registration of the changes made to the constituent documents and data entered in the State register and also in case of reorganization by means of single window.

(6) For state registration of legal entities, their departments and individual entrepreneurs, and also for registration of the changes made to the constituent documents and data entered in the State register, performed according to the statement of person quickly within four hours, the amount of payment increases four times.

(7) For provision of information from the State register and rendering other services provided in appendix, except for the Section I and Items 1, 2 and 4 Sections II of appendix performed according to the statement of person quickly in 24 hours, 4 hours or 1 hour the amount of payment increases respectively in 2, 3 or 4 times.

(8) in case of unreasonable refusal of the applicant to receive documents according to required service the payment for the provided service is not compensated.

Article 5. Terms of state registration

(1) Voided.

(2) State registration of legal entities, their departments, and also individual entrepreneurs is performed in the working day within 24 hours which are estimated since the working day following behind day of submission of the documents necessary for registration.

Article 6.

Voided according to the Law of the Republic of Moldova of 26.10.2012 No. 235

Chapter II. State registration of legal entities

Article 7. Documents necessary for state registration

(1) For state registration of the legal entity the following documents are submitted:

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