LAW OF THE REPUBLIC OF MOLDOVA

of May 15, 2003 No. 198-XV

About lease in agricultural industry

The parliament adopts this organic law.

Chapter I General provisions

Article 1. The purpose of the law and the sphere regulated by it

The purpose of this law is creation of the legislation for consolidation of the rent relations in agricultural industry, determination of subjects and object of such relations, rights and obligations of lessors and lessees.

Article 2. Basic concepts

In this law the following basic concepts are used:

lease in agricultural industry - delivery based on the agreement of the parcels of land and other agricultural property in ownership and use for certain term for certain payment;

the lessor - physical person or legal entity which is owner or other legal owner of leasable agricultural property. The group of owners of agricultural property can be the lessor also;

the lessee - the legal entity and/or physical person respectively taking the location and/or the residence in the Republic of Moldova leasing agricultural property;

agricultural property - fixed assets (farmlands, including being within settlements and the earth of reserve fund, the machine, the equipment and equipment for accomplishment of agricultural works, structures, including hydrotechnical, the platforms, places intended for storage of agricultural products, and adjoining to them the territory, the animals used in agricultural process) and, on circumstances, current assets;

the lease agreement - the agreement signed between one party - the owner or other legal owner of the parcels of land or other agricultural property (lessor) and other party (lessee), about operation of this property throughout certain term for the payment established by the parties;

the hire charge of farmlands - the remuneration paid to the lessor for use of the lands leased to them;

the hire charge of agricultural property, except for the parcels of land - the remuneration paid to the lessor for use of the agricultural property leased to them, except for the parcels of land taking into account its cost and depreciation;

depreciation of agricultural property - decrease in value of agricultural property, except for the parcels of land, as a result of its long use;

the redemption of leasable property - acquisition by the lessee of the agricultural property leased by it, except for the parcels of land, according to provisions of the law or agreement.

Article 3. The legislation on lease in agricultural industry

(1) In the Republic of Moldova the rent relations in agricultural industry are governed Civil and Land by codes, this law, other regulations, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations in comparison with provided by this law are established, regulations of the international treaty are applied.

Article 4. Subjects and object of the rent relations

(1) Subjects of the rent relations are the lessor and the lessee.

(2) the Object of the rent relations is the agricultural property constituting public or private property, except for property which is withdrawn from civil circulation or concerning which the law establishes other prohibitions or restrictions.

(3) If after transfer to lease of agricultural property the lessor made its alienation to the third party, the rights and obligations of the lessor caused by lease pass to the acquirer of the specified property.

Article 5. Property right to leasable agricultural property

(Lease of agricultural property does not lead 1) to the termination of the third party rights to this property.

(2) the Decision on transfer to lease of common agricultural property is made by participants by a majority vote. The majority of votes is determined depending on the size of shares.

(3) the list of all participants with signatures of those from them who agrees with terms of the contract is attached To the lease agreement of common agricultural property.

(4) Products received as a result of operation of leasable agricultural property remain in property of the lessee if the agreement does not provide other.

Chapter II Right to lease of agricultural property. Its origin, change and termination

Article 6. Conclusion of the lease agreement of agricultural property

(1) the Lease agreement of agricultural property is signed without fail, in writing.

(2) Right to use by leasable agricultural property arises in case of the conclusion of the lease agreement from the moment of signing of the delivery-acceptance certificate of property.

(3) In the lease agreement of agricultural property are without fail specified:

a) agreement parties, place of their residence or location;

b) subject of the agreement;

c) the document certifying the property right or other right of the lessor to delivery of agricultural property in lease;

d) data on registration of the agreement in accordance with the established procedure;

e) lease term;

f) structure, form and size of the hire charge;

g) procedure, terms and place of introduction of the hire charge;

h) rights and obligations of the Parties;

i) responsibility of the parties;

j) conditions of change and agreement cancelation;

k) conditions of use of the objects which are on leasable farmlands, including the equipment and agricultural machinery;

l) recultivation conditions - as necessary;

m) obligation of respect for environmental standards.

(4) the Lease agreement can include also other conditions which are not contradicting the current legislation.

(5) Upon the demand of one of the parties the copy of the cadastral plan of this site is attached to the lease agreement of the parcel of land.

(6) the Agreement which is not including at least one of essential conditions or is not drawn up in writing is considered invalid.

(7) in case of leasing of part of the divided parcel of land or part of capital design the copy of the cadastral plan of the parcel of land or construction with designation of part which is leased is attached to the delivery-acceptance certificate.

Article 7. The description of the leased and returned agricultural property

(1) At the beginning and upon termination of lease term of the agreement party shall draw up within 14 days the delivery-acceptance certificate according to the leased and returned agricultural property.

(2) In the delivery-acceptance certificate in lease of the parcel of land shall be specified:

a) cadastral number of the site;

b) area;

c) site class;

d) procedure for use of the site;

e) site condition (processed, raw, cultivated, etc.);

f) material shortcomings and shortcomings of legal nature;

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