Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of October 31, 2002 No. 1420-XV

About charity and sponsorship

(as amended on 20-07-2023)

The parliament adopts this organic law.

Chapter I General provisions

The text of Chapter is excluded according to the Law of the Republic of Moldova of 07.07.2022 No. 182

Article 1. Purpose and tasks of the law

(1) the Purpose of this law are establishment of the main regulatory base of the charitable and sponsor's activities performed by legal entities and/or physical persons, the state guarantees of charitable and sponsor's activities and also determination of forms of its support by bodies of the central and local public authority.

(2) the Main tasks of this law are:

a) development of charitable and sponsor's activities in the Republic of Moldova;

b) providing with the necessary regulatory base for application of the state guarantees in case of implementation of charitable and sponsor's activities;

c) ensuring transparent practice of charitable and sponsor's activities;

d) assistance of charitable and sponsor's activities by ensuring its uniformity according to requirements of this law.

(3) Transfer financial and appliances, assistance are not recognized to the legal entities pursuing revenue generating purpose, donations and fees in support of political parties and other social and political organizations by charitable and sponsor's activities any other form.

(4) For the purpose of this law mutual provision financial and appliances physical persons or legal entities are not charitable and sponsor's activities.

Article 1-1. Basic concepts

(1) For the purpose of this law the following basic concepts are used:

charity - voluntary, impartial, disinterested and untied transfer of property on property or rights of possession, uses and orders it, and also disinterested (non-paid or on favorable terms) performance of works or provision of services by physical person or legal entity which are performed in the stipulated in Article 2 purposes;

sponsor's activities - transfer of property on money or other property on the basis of the transaction according to which the parties agree to support the activities which are not pursuing revenue generating purpose performed by one of the parties which hereinafter is referred to as as the receiver of sponsorship, in exchange for the benefits approved by the parties;

the philanthropist - the physical person or legal entity performing charity in the stipulated in Article 2 purposes;

the beneficiary - person concerning whom charity is performed;

the sponsor - the physical person or legal entity performing sponsor's activities in the stipulated in Article 4 purposes;

the receiver of sponsorship - person concerning whom sponsoring is performed.

Article 2. Charity purposes

(1) Charity is performed for the purpose of assistance:

a) to education and professional training of citizens, promotion and accumulating of knowledge;

b) to science, culture and art;

c) to sport and physical culture, social, cultural and sports tourism;

d) to health protection;

e) to social protection of persons with limited opportunities, other vulnerable persons and groups;

f) to creation of new workplaces;

g) to poverty eradication;

h) to strengthening of the world, prevention and overcoming the civil, social, ethnic and religious conflicts;

i) to strengthening of the non-commercial sector;

j) to protection and promotion of democracy and human rights;

k) to the prevention and suppression of crime;

l) to preserving cultural heritage and historical monuments;

m) active civic stand, including participation in decision making process and ensuring transparency of the public sector;

n) to assistance injured with military operations, social and interethnic conflicts, natural disasters, epidemics, environmental and other disasters;

o) to strengthening of prestige and role of family in society, protection of motherhood and the childhood;

p) to the non-profit organizations, social, educational and medical institutions participating in the actions having social significance;

q) to other actions having social significance which need financial and material support.

(2) Financial and the appliances provided by sponsors to charitable organizations are used only for charitable purposes and cannot be used for their content.

Article 3. Purposes of sponsor's activities

(1) Sponsor's activities are performed for the purpose of:

a) financings of programs and actions in the sphere of science, culture, religious cults, educations, sport, social protection and public health care, welfare and sports tourism;

b) financings of programs and actions in the field of environmental protection;

c) financings of programs and actions in the field of protection and restoration of monuments of history, the nature, architecture, culture and art;

d) financial and material support of non-profit organizations, the social, educational and medical institutions participating in the actions having social significance;

e) financings of other programs and actions of social significance.

(2) Sponsor's activities cannot be performed on the means received from the budget.

(3) If sponsorship is performed by provision of material values, in the agreement on sponsorship the actual cost of these values is determined at the time of transfer to their user.

Article 4. Legislation on charitable and sponsor's activities

(1) Legal relationship in the field of charitable and sponsor's activities are regulated by this law, the Civil code, and also other regulations in the respective area.

(2) If international treaties, one of the parties of which is the Republic of Moldova, other regulations than provided by the national legal system on charitable and sponsor's activities are established, regulations of international treaties are applied.

Article 5. Right to implementation of charitable and sponsor's activities

(1) Physical persons and legal entities has the right to perform freely charitable and sponsor's activities on the principles of voluntariness and liberty of choice of its purposes provided by this law as individually, and by consolidation.

(2) Ceased to be valid.

(3) Nobody has the right to limit liberty of choice of the purposes of charitable and sponsor's activities and forms of its implementation provided by this law.

Article 6.

Voided according to the Law of the Republic of Moldova of 07.07.2022 No. 182

Article 6-1. Charity

(1) Participants of charity are the philanthropist and the beneficiary.

(2) Participants of charity have the right to sign the agreement establishing the legal relationship connected with charity.

(3) Charity can be performed in shape:

a) disinterested (non-paid or on favorable terms) investment of the beneficiary with the property right to any property and right of possession, uses and orders it, including money and/or intellectual property items;

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