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LAW OF THE REPUBLIC OF MOLDOVA

of October 31, 2002 No. 1420-XV

About charity and sponsorship

(as amended on 27-07-2018)

The parliament adopts this organic law.

Chapter I General provisions

This law establishes bases of legal regulation of charitable and sponsor's activities, including creation and activities of charitable organizations, the state guarantees of these activities and determines forms of its support of the public power by the central and local authorities.

Article 1. Charitable and sponsor's activities

(1) charity is understood as voluntary, impartial and untied rendering by physical persons or legal entities financial support or free services to one person (group of persons), at the same time no remuneration, payment or accomplishment of obligations in exchange is required and any profit is impossible.

(2) Sponsor's activities are performed by physical persons and legal entities voluntarily at the request of person and consists in provision to it financial and appliances for support of actions of social significance.

(3) the direction of cash and other appliances, assistance in other form to the legal entities pursuing the commercialization aim, support of political parties and other social and political organizations are not charity.

(4) mutual provision financial and appliances physical persons or legal entities is not recognized sponsor's activities for the purposes of this law.

Article 2. Charity purposes

(1) Charity is performed for the purpose of:

a) social support and protection of persons, including improvement of financial position needy, social resettlement of the unemployed, disabled people and other persons not capable because of physical or intellectual features and other circumstances independently to exercise the rights and legitimate interests;

b) preparation of the population for overcoming consequences of natural disasters, environmental or other disasters, for prevention of accidents or disasters;

c) assistance injured with wars, natural disasters, epidemics, environmental or other disasters, social and international conflicts;

d) increases in prestige and role of family in society, protection of motherhood and the childhood;

e) rendering financial support to charitable organizations, social and medical institutions;

f) assistance of other activities of social significance needing 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 field of science, cultures, religions, educations, literatures, arts, sport, health care, guardianship and custody, social protection and social security of the population;

b) financings of programs and actions in the field of environmental protection and improvement of streets, parks and other public places;

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 charitable organizations, social and medical institutions, creative unions, the organizations dealing with culture issues and other organizations performing actions of 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) the Legislation on charitable and sponsor's activities consists of relevant provisions of the Constitution of the Republic of Moldova, the Civil code, this law and other regulations adopted according to it.

(2) Norma, containing in other regulations, concerning charitable and sponsor's activities, shall not contradict this law.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations than provided by this law are established, provisions of the international treaty 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.

(2) has the right to perform Physical persons and legal entities:

a) charitable and sponsor's activities individually or by consolidation;

b) charity with creation or without creation of charitable organization;

c) sponsor's activities without creation of the special organization.

(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. Participants of charitable and sponsor's activities

(1) participants of charitable and sponsor's activities for the purposes of this law are understood as the physical persons and legal entities performing respectively charitable and sponsor's activities, including charity by the support existing or creations of new charitable organization and also physical persons and legal entities for the benefit of which the specified activities are performed: philanthropists, sponsors, volunteers, users.

(2) Philanthropists and sponsors - the legal entities or physical persons performing respectively charitable gifts and sponsorship according to the purposes provided in Articles 2 and 3, in shape:

a) disinterested (non-paid or on favorable terms) investment with rights of possession, use and order any objects of the property right, including money and/or intellectual property items;

b) disinterested (non-paid or on favorable terms) performance of works, provision of services by philanthropists and sponsoramiyuridichesky persons.

(3) Philanthropists and sponsors have the right to determine the purposes, terms and procedure for use of the donations and means of sponsorship.

(4) Volunteers - persons performing charity in the form of labor of love for the benefit of users including charitable organization. The expenses of volunteers connected with their activities in charitable organization can be paid by this organization.

(5) Users - persons receiving charitable gifts from philanthropists, the help of volunteers or sponsorship.

(6) any legal entity who is not pursuing the commercialization aim, and any physical person which performs can be the User of sponsorship or will perform activities for the purpose of, stipulated in Article 3.

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