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LAW OF THE REPUBLIC OF MOLDOVA

of December 14, 2000 No. 1418-XIV

About financial and industrial groups

(as amended on 09-06-2022)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and purpose of this law

(1) This law determines conditions of creation, state registration, activities and liquidation of financial and industrial groups, the rights and obligations of their participants, and also provides protection of the rights and legitimate interests of participants of the specified groups.

(2) This law is designed to provide consolidation of the capital of financial institutions with the companies of real production sector for revival of investment processes in industries of national economy and creation of competitive productions.

Article 2. Legal basis of activities of financial and industrial groups

Financial and industrial groups in the activities are guided by the civil legislation, this law and international agreements, one of the parties of which is the Republic of Moldova.

Article 3. Coverage of this law

(1) This law extends to the financial and industrial groups created in the Republic of Moldova.

(2) Features of creation and legal status of transnational and interstate financial and industrial groups are determined by this law, other regulations, and also intergovernmental agreements, one of the parties of which is the Republic of Moldova.

Article 4. Basic concepts

In this law the following concepts are used in value:

financial and industrial group - the set of the legal entities who combined on the basis of the agreement fully or partially the tangible and intangible assets and acting as equal subjects of business activity for the purpose of implementation of the investment projects and programs directed to increase in competitiveness of domestic production and expansion of the markets of goods and services registered by authorized state body;

participants of financial and industrial group - legal entities, being commercial or non-profit organizations, except for the public and religious organizations, united on the basis of the agreement on creation of financial and industrial group;

transnational financial and industrial group - financial and industrial group among which participants there are legal entities who are under jurisdiction of other states;

interstate financial and industrial group - the financial and industrial group created at the initiative of the governments of member countries on the basis of the intergovernmental agreement;

the agreement on creation of financial and industrial group - the agreement between legal entities in which are determined procedure and conditions of creation of financial and industrial group;

the central company of financial and industrial group - the legal entity founded by all agreement parties about creation of financial and industrial group in form of business of joint-stock company, representing the interests of participants of group and authorized on conducting its cases;

the organizational project of financial and industrial group - the document package prepared by participants of financial and industrial group and containing necessary data on the purposes and tasks, investment projects and programs, expected economic and social results of activities of financial and industrial group;

The state register of financial and industrial groups - the single databank containing data about the created, reorganized and liquidated financial and industrial groups.

Article 5. Basic principles of activities of financial and industrial groups

(1) the Financial and industrial group is voluntary consolidation of her participants.

(2) the Financial and industrial group is the commercial organization and acts agreements on creation of such group on the basis.

(3) the Central company of financial and industrial group bears responsibility according to the obligations all property belonging to it on the property right and does not bear responsibility according to obligations of participants of financial and industrial group. The features concerning responsibility of the central company and participants of financial and industrial group are established by the agreement on creation of such group.

(4) Participants of financial and industrial group have the right to perform the control and administrative functions provided by the foundation agreement or the charter of the central company of financial and industrial group.

(5) the Investing activities of transnational financial and industrial groups, including activities with attraction of the capital from other countries, are made according to the legislation of the country in the territory of which attachments, and agreements on cooperation in the field of investing activities and about mutual protection of investments, concluded between the parties are performed.

(Interstate financial and industrial groups act 6) on the basis of the principles provided by parts (1) - (5), taking into account the agreements signed and ratified by member countries.

(7) Results of activities of financial and industrial group for financial year are brought to the attention of the public.

(8) creation of associations, the conclusion of agreements and implementation of coordinated actions of participants of financial and industrial groups Are prohibited if it involves antitrust violation.

(9) Relations with the budget of the republic of participants of financial and industrial group can be as consolidated, and independent.

Chapter II Creation of financial and industrial group

Article 6. Participants of financial and industrial group

(1) Participants of financial and industrial group legal entities irrespective of type of property and form of business - the residents and nonresidents of the Republic of Moldova who signed the agreement on creation of such group are recognized.

(2) among participants of financial and industrial group there shall be organizations operating in the field of production of goods and services and also banks or other financial institutions. Foreign banks participate in financial and industrial group only through the branches and departments which are acting on the basis of the licenses of National Bank of Moldova.

(3) the State and municipal companies can be participants of financial and industrial group according to the procedure and on the conditions determined by the owner of their property.

(4) Affiliated economic societies and other affiliated enterprises can be part of financial and industrial group only together with the main society or other main company or from its consent.

(5) investment institutes, non-state pension and other funds, insurance companies which participation is caused by their role in ensuring investment process in financial and industrial group can be part of participants of financial and industrial group.

Article 7. Agreement on creation of financial and industrial group

(The Agreement on creation of financial and industrial group shall contain 1):

a) name of financial and industrial group;

b) purpose of creation of financial and industrial group and methods of realization of single economic task;

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