LAW OF THE REPUBLIC OF MOLDOVA

of September 28, 2000 No. 1252-XIV

About consumer cooperation

Recognizing consumer cooperation as important link of economic system with deep social nature and big variety of types of activity and proceeding from need of providing the legal framework for the organization and functioning of consumer cooperation in the Republic of Moldova, based on Item r) parts (3) article 72 of the Constitution of the Republic of Moldova

The parliament adopts this organic law.

Section I General provisions

Chapter I of the Concept

Article 1. Basic concepts

For the purpose of this law the following basic concepts are used in value:

consumer cooperative - the independent and independent merging of physical persons created on the basis of the principle of voluntary consent by cooperation of shares of his members performing economic activity for satisfaction of their interests and consumer needs;

the territorial union of consumer cooperatives (further - the territorial union) - the merging of consumer cooperatives created by the territorial principle and the principle of voluntary participation;

the central union of consumer cooperatives (further - the central union) - voluntary merging of consumer cooperatives and/or territorial unions;

the organization of consumer cooperation - consumer cooperative, the territorial union, the central union;

the organization of consumer cooperation - the member of the union - the organization of consumer cooperation which was part of the territorial and/or central union;

cooperative entity - the company with the status of the legal entity created by the organization of consumer cooperation for realization of the purposes and tasks as the commercial enterprise operating according to the legislation and the charter;

consumer cooperation - the system of the organizations of consumer cooperation and cooperative entities designed to meet the needs of their members and also other categories of consumers;

the unitholder (the member of cooperative) - the physical person which brought at least one share in share fund of consumer cooperative;

the supreme governing bodies - in consumer cooperative - general meeting of unitholders; in the territorial union - conference of consumer cooperatives - members of the union; in the central union - congress of consumer cooperation;

the leading and regulatory authorities - the supreme governing bodies of the organizations of consumer cooperation; administrative board; executive bureau; audit committee;

the admission fee - the sum of money granted without fail in case of the accession to the organization of consumer cooperation;

the membership fee - the assignments performed without fail by the organization of consumer cooperation - the member of the union into the account of the territorial and/or central union;

share - money contribution of the unitholder and/or the organization of consumer cooperation - the member of the union in share fund of the organization of consumer cooperation;

property of consumer cooperation - the property of the organization of consumer cooperation reflected in balance of this organization.

Chapter II of the Purpose and task

Article 2. Purpose of this law

The purpose of this law is establishment of legal, economic, social and administrative bases of creation and activities of consumer cooperation in the Republic of Moldova.

Article 3. Scope of this law

(1) Provisions of this law are applied to all organizations of consumer cooperation, unitholders and cooperative entities.

(2) the Relations arising in the course of creation of consumer cooperation and implementation of its activities are regulated by this law, provisions of the Constitution, the international acts, one of the parties of which is the Republic of Moldova, the Civil code, other legal acts, and also charters of the organizations of consumer cooperation.

(3) Provisions of this law do not extend to the cooperatives which do not have the status of consumer cooperatives and on legal entities, procedure for education and which activities are regulated by other legal acts.

(4) use of the concepts "consumer cooperation" and "consumer cooperative" of the name of other legal entities is not allowed.

Article 4. Organization of consumer cooperation and its main objectives

(1) the Organization of consumer cooperation is the non-governmental and non-profit organization performing economic activity for requirements satisfaction and interests of the members according to this law and the charter.

(2) Some types of economic activity of the organization of consumer cooperation are performed on the basis of the license granted according to the legislation. Personal and real estate of the organization of consumer cooperation is used directly or through cooperative entities.

(3) the Main objectives of the organization of consumer cooperation are:

a) satisfaction of interests and needs of unitholders;

b) creation and development of infrastructure, expansion of consumer cooperation;

c) consumer protection;

d) influence on policy in the field of consumption;

e) other tasks according to the legislation and articles of organization.

Article 5. External economic activity

(1) the Organizations of consumer cooperation can maintain the direct international relations in the sphere of their activities, sign contracts with physical persons and legal entities from abroad. These relations are governed by this law and international treaties, one of the parties of which is the Republic of Moldova. If international treaties provide other regulations than established by this law, regulations of international treaties have priority.

(2) In the international economic relations of the organization of consumer cooperation answer for the obligations in the limits provided by agreements.

(3) For the purpose of representation, protection and supports of the interests in other states of the organization of consumer cooperation can create the permanent or temporary missions there.

(4) Representative offices of the organizations of consumer cooperation are created and perform the activities on the basis of the legislation of the states in which they are.

(5) Representative offices of the organizations of consumer cooperation give them also information and advisory help.

(6) External economic activity of consumer cooperation is transparent. The data which are trade secret are not made public.

Chapter III Principles of activities of consumer cooperation

Article 6. Voluntariness of membership

(1) Physical persons can voluntarily both unite in consumer cooperatives, and to leave their structure.

(2) the Organizations of consumer cooperation can unite in the territorial and/or central unions and to leave their structure on the basis of the decision made by the supreme governing body of the organization.

(3) the Organizations of consumer cooperation are open for all persons capable to use services in system of consumer cooperation and to take the responsibility of the unitholder or the organization of consumer cooperation - the member of the union.

Article 7. Collective nature

(1) the Relations between unitholders and the organizations of consumer cooperation are based on principle of collective leadership and cooperation.

(2) In the organization of consumer cooperation decisions are made jointly (by vote).

Article 8. Democratism

(1) the Organization of consumer cooperation is the democratic organization controlled by her members who are actively participating in determination of the development strategy and decision making.

(2) realization of the principle of democratism requires strict observance of the following rules:

a) each unitholder has one voice on general meeting of unitholders irrespective of quantity of its shares;

b) each representative of the organization of consumer cooperation - the member of the union has the right only to one voice in the supreme governing body of the union;

c) the leading and regulatory authorities of the organization of consumer cooperation submit reports on the activities to the supreme governing body;

d) unitholders and representatives of the organization of consumer cooperation - the member of the union freely participate in election of the leading and regulatory authorities of the organization of consumer cooperation.

(3) Unitholders on the democratic and equal principles exercise control of means of the organization.

Article 9. Equality

(1) Unitholders have the equal rights irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin.

(2) Unitholders have the equal right to be pushed in the leading and regulatory authorities of the organization of consumer cooperation.

Article 10. Publicity

(1) Organization activity of consumer cooperation is performed publicly.

(2) in case of consideration of the questions containing the secret protected by the law, the governing body of the organization of consumer cooperation can make the decision on holding private meeting or not promulgation of some decisions.

(3) Unitholders and the organizations of consumer cooperation - members of the union have open entry to information which is at the disposal of the leading and regulatory authorities of the organization.

Article 11. Reciprocity

(1) Unitholders and the organizations of consumer cooperation - members of the union give each other support and use the privileges established by this law and charters of the organizations of consumer cooperation which part they are.

(2) the Organizations of consumer cooperation serve organization members and support cooperative movement by cooperation of the structures at local, national and international level.

Article 12. Participation and assistance

(1) Unitholders and the organizations of consumer cooperation - members of the union participate on the basis of the principle of equality in organization activity of consumer cooperation, forming of the capital and control of their activities, and also the transactions and transactions made by them.

(2) Unitholders and the organizations of consumer cooperation - members of the union promote development of the organizations of consumer cooperation, accumulating of reserves, other activities approved by governing bodies.

Article 13. Relations between unitholders and organizations of consumer cooperation

(1) Unitholders and the organizations of consumer cooperation - members of the union shall observe provisions of articles of organization and perform decisions of its governing bodies.

(2) the Organizations of consumer cooperation participate in training and professional training of unitholders and workers.

Article 14. Cooperation and development

(1) the Organizations of consumer cooperation cooperate among themselves, and also with domestic and foreign economic partners, supporting policy of expansion of internal and external commercial relations.

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