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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 28, 2010 No. 445

About approval of the Regulations on procedure for carrying out biddings selling credit stories

For the purpose of accomplishment of provisions of part (2) article 14 of the Law No. 122-XVI of May 29, 2008. "About bureau of credit histories" (The official monitor of the Republic of Moldova, 2008, No. 138-139, of the Art. 559) DECIDES: the Government

Approve Regulations on procedure for carrying out biddings selling credit stories it (is applied).

 

Prime Minister

Vladimir Filat

Countersign:

Deputy Prime Minister,

Minister of Economic Affairs

 

 

Valeriou LAZARE

Minister of Finance

Vyacheslav Negrutsa

Approved by the Order of the Government of May 28, 2010 No. 445

Regulations on procedure for carrying out biddings selling credit stories

I. General provisions

1. This Provision establishes procedure for carrying out biddings for the purpose of sale of credit stories in case of reorganization of bureau of credit histories (further - bureau) if his legal successor is not owner of the license, and also in case of liquidation or revocation of license by the National commission on the financial market (further - NKFR).

2. In this Provision the following concepts are used:

deposit - the money which is previously deposited by bidders to account, specified in the information notice on tendering, for the purpose of guaranteeing obligations assumed during participation in the biddings;

the auctioneer - physical person which performs the organization of auction and carries out sale from the biddings of lot offered for auction;

the buyer - the winner participant to whom lot offered for auction is on sale;

lot - total quantity of the credit stories belonging to certain bureau, put up for sale according to this Provision.

3. Licensed bureaus of credit histories have exclusive right on participation in the biddings (further - participants of auction).

4. All credit stories belonging to bureau are put up for sale by single lot.

5. Money for the organization of the biddings is created at the expense of fees for participation in the biddings which do not return and transfered by participants of auction to account of the organizer of the biddings. In case of insufficiency of money for covering of costs on the organization of auction the difference becomes covered by bureau which credit stories are offered for auction.

6. Bodies, authorized to make decisions on exposure to the biddings of credit stories (further - the organizer of the biddings), are:

1) governing body of the legal entity who made the decision on reorganization or liquidation of bureau (general shareholder meeting or participants);

2) the liquidator appointed by degree of jurisdiction in case of liquidation of bureau by degree of jurisdiction;

3) NKFR - in case of forced revocation of license.

II. Rights and obligations of the organizer and commission on tendering

7. In case of initiation of the procedure of sale of credit stories the organizer:

1) is determined by procedure, the place and terms of order taking;

2) the place and time of registration of bidders, and also tenderings determines date;

Prepares 3) and publishes the information notice on tendering;

4) creates the commission on tendering as a part of at least three members, including one representative from the organizer, one representative from the Government and one representative from NKFR. In the case specified in the subitem 3) of Item 6, by the third representative in structure of the commission on tendering the representative of bureau which license was revoked is;

Provides 5) to the applicants intending to take part in the biddings, opportunity to study documentation characterizing object of the biddings (the technical documentation including characteristics of information system, procedure for functioning, the description of technical parameters and the copy of the last reports submitted in NKFR) and also rules of tendering;

Accepts 6) and registers requests from applicants for participation in the biddings, and also provides their storage;

7) transfers to the commission on tendering within three working days upon termination of order taking term the registered requests with the documents attached to them;

8) represents to the commission on tendering of the account statement, confirming receipt of inclinations;

9) notifies applicants in time, stipulated in Item 23, on acceptance or on variation of their requests;

10) performs other actions provided by this Provision.

8. Starting selling price of lot is determined by the organizer of the biddings based on the valuation report constituted by the estimative organization.

9. Bidders make deposit on the bank account of bureau specified in the notice by the organizer of the biddings. Amount of deposit constitutes 10 percent from starting price of lot.

10. The fee for participation in the biddings is determined by the organizer of the biddings, but there cannot be lower than the level of minimum wage over the country established according to the Law on procedure for establishment and review of minimum wage No. 1432-XIV of December 28, 2000. (The official monitor of the Republic of Moldova, 2001, No. 21-24, of the Art. 79), with subsequent changes and amendments.

11. The organizer of the biddings within 3 working days from the date of decision making about tendering shall notify NKFR on date, the place and time of tendering, on object of the biddings and on starting price of lot (in the cases provided by subitems 1) and 2) of Item 6) and also to publish the information notice in the Official monitor of the Republic of Moldova.

12. NKFR shall provide to the organizer of the biddings according to its request within 5 working days from the date of the address the list of all licensed bureaus of credit histories with indication of their location.

13. The information notice without fail shall contain the following data:

1) date, time and venue of the biddings and leading of their results;

2) information on object of the biddings (name of bureau, main characteristics of object of the biddings, and also basis of sale of object of the biddings);

3) starting price of lot;

4) bid increment;

5) the fee amount for participation in the biddings, the amount of deposit, payment due dates and bank accounts on which the corresponding money will be deposited;

6) terms, time and the place of acquaintance of applicants with documentation characterizing object of the biddings;

7) deadline for applications for participation in the biddings and the documents attached to them;

8) the term and procedure for introduction by the buyer of payment for the acquired lot;

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