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Ministry of Justice

Republic of Moldova

No. 518 of October 12, 2007

RESOLUTION OF THE NATIONAL COMMISSION ON THE FINANCIAL MARKET

of September 6, 2007 No. 45/8

About approval of the Regulations on procedure for collection of charges and payments by the National commission on the financial market

(as amended on 31-03-2017)

Based on the Art. 1, Art. 6 of the h. (2) and h. (3), Art. 21 of the h. (1), and Art. 22 of the h. (2) the Law N 192-XIV of November 12, 1998 on the National commission on the financial market (The official monitor of the Republic of Moldova, 1999, N 22-23, Art. 91) the National commission on the DECIDES: financial market

1. Approve Regulations on procedure for collection of charges and payments by the National commission on the financial market.

2. Payments of the insurance companies from added gross - awards and insurance brokers from the received commission charges for July and August, 2007 will be transfered to account the National commission on the financial market within 10 days from the date of entry into force of this resolution.

3. Declare invalid the Resolution of the National commission on securities N 21/8 of May 30, 2002 about establishment of fees on security transactions (The official monitor of the Republic of Moldova, 2002, N 75, the Art. 192).

4. This resolution becomes effective from the date of publication.

 

Chairman of the National commission on the financial market Mikhail Chibotaru

Approved by the Resolution of the National commission on the financial market No. 45/8 of September 6, 2007

Regulations on procedure for collection of charges and payments by the National commission on the financial market

I. General provisions

1. The regulations on procedure for collection of charges and payments by the National commission on the financial market (further - NKFR) are developed according to requirements of parts (2) and (3) article 6 of the Law N 192-XIV of November 12, 1998 on the National commission on the financial market and the Resolution of Parliament on approval of the budget of NKFR for the corresponding year.

2. This provision establishes procedure for determination of payment amount and charges, collectable NKFR, term of their payment, and also the amount of the imposed penalty fee.

3. According to provisions of parts (2) and (3) article 6 of the Law N 192-XIV of November 12, 1998 on the National commission on the financial market the amount of the charges and payments levied by NKFR is established in the annual budget of NKFR approved by the resolution of Parliament. Charges and payments are subject to transfer to the current account NKFR in national currency (further – the current account NKFR).

II. Procedure for determination of charges and payments

Charges from the amount of issue of securities

4. Charges from the amount of issue of securities are paid by the issuer of securities.

5. Charges from the amount of issue of securities are calculated by formula:

Issue amount

securities (lei) * Amount of collection (%)

6. 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 state registration of securities.

7. 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.

8. In case of variation of the registration application of securities or its response the issuer according to the written requirement of the issuer collection from the amount of issue of securities returns to it or is used for further payment of other charges and payments.

Charges from security transactions

9. Charges from the security transactions which are carried out in the curb market are determined in the following procedure:

The cost of the transaction                the Amount of collection on

with securities (lei)   * to type of the transaction (%)

If the term which is extremely established for calculations precedes the last day of month under report, charges from the security transactions performed in the curb market in month under report are determined in the following procedure:

the cost of the security transactions registered in month under report, including and the transactions registered for the last 2 working days of month under report for which calculations are perfromed in the first 2 working days of the next month (lei) x the amount of collection (%)

10. In the security transactions performed in the controlled market within multilateral trade system (further – MTS) or out of the controlled market and MTS, charges are paid, as a rule, by the buyer if the parties of the transaction or the legislation do not establish other.

10-1. In case of recovery in the rights of the former owners of securities based on executive court resolutions when implementing the corresponding registration collection is not levied.

11. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

12. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

13. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

14. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

15. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

16. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

17. Ceased to be valid according to the Resolution of the National commission on the financial market of the Republic of Moldova of 12.08.2015 No. 47/9

8. Are responsible for payment of charges for security transactions:

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