of July 30, 2008 No. 919
About the organization and carrying out commercial and investment tenders for privatization of public property
Based on Art. 41 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) DECIDES: the Government
Regulations on commercial and investment tenders on privatization of public property according to appendix No. 1;
Structure of the Commission on carrying out commercial and investment tenders on privatization of state-owned property of public property and monitoring of execution of contractual commitments according to appendix No. 2.
2. Recognize invalid some orders of the Government according to appendix No. 3.
first Deputy Prime Minister, Minister of Economy and Trade
Minister of Finance
Appendix No. 1
to the Order of the Government of the Republic of Moldova of July 30, 2008 No. 919
1. The regulations on commercial and investment tenders on privatization of public property (further - the Provision) are developed according to Art. 41 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) both another acting legislative and regulations.
2. Requirements of this provision are applied in the course of privatization on the basis of commercial or investment tender (further - tender) the public property included in the list of objects, privatizeable in the form of single or separate blocks of shares which constitute more than 50% of the authorized capital of economic societies, the state/municipal companies as single property complexes (further - the companies), and also complexes of real estate.
3. This Provision establishes:
a) procedure for preparation of objects for privatization on the basis of tender;
b) procedure for preparation, carrying out and summing up tender on privatization;
c) procedure for the conclusion of purchase and sale agreements and equivalent payment of the privatized objects;
d) post-privatization activities.
4. Can participate in tenders:
a) physical persons and legal entities of the Republic of Moldova;
b) foreign physical persons and legal entities with completely private equity, stateless persons according to the current legislation;
c) associations of persons specified in subitems and) and b) this Item.
5. Seller of public property of the state is the Agency of public property, and property of administrative and territorial units, including autonomous territorial entity Gagauzia - bodies of public management of administrative and territorial units of the first and second levels, including the autonomous territorial entity Gagauzia (further - bodies of local public authority).
Preparation of property of public property for privatization on the basis of tender is performed in cooperation with the central industry bodies of public management (further - the central industry bodies).
6. During preparation of objects for privatization on the basis of tender the seller carries out the following obligations:
a) preparation of document package about object, privatizeable;
b) determination according to the procedure, established by the Government, starting price of sale in cases of exposure to tender of securities;
c) the organization of assessment of shares in the authorized capital of the state/municipal companies - single property complexes, complexes of real estate;
d) establishment of terms and conditions of carrying out tender;
e) establishment of additional terms of privatization;
f) preparation and publication of the information message about the organization and carrying out tender;
g) acceptance, registration and document storage, given on tender by physical persons and/or legal entities (further - ofertant);
h) acquaintance of ofertant with document package on the object exposed on tender, and ensuring their access to the company which property is exposed on privatization, or on complex of real estate;
i) announcement to participants of tender of decisions of the commission;
j) preparation and the publication of the information message about results of tender;
k) project development of the purchase and sale agreement;
l) control of accomplishment of the obligations established in purchase and sale agreements.
7. For carrying out tender on privatization of property of public property of the state the Government according to the offer of the Agency of public property appoints the Commission on carrying out commercial and investment tenders on privatization of public property and monitoring of execution of contractual commitments (further - the commission) which structure joins three representatives of the Agency of public property and on one representative of the Ministry of Economics, the Ministries of Finance, the Ministries of Justice and other central industry bodies.
Representatives of the Ministry of Economy and Infrastructure, Ministry of Finance, Ministry of Justice and Agency of public property participate and make decisions on all commission sessions, and representatives of the central bodies of public management have the right to vote only in case of privatization of the objects which are in management of these bodies.
The chairman, the vice-chairman and the secretary of the commission are appointed from among representatives of the Ministry of Economy and Infrastructure and Agency of public property. The secretary is member of the commission, without voting power.
8. For carrying out tender on privatization of property of administrative and territorial units, privatizeable, bodies of local public authority by the decision appoint the contest committee consisting of at least 7 members which structure joins representatives of bodies of local public authority. The structure of the Commission can include representatives of territorial offices of the State office, State Tax Administration, competent divisions of the Agency of the state services, and also independent experts. After education the commission elects the chairman and the secretary.
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