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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 21, 2013 No. 414

About approval of the Regulations on investment attraction in commercial societies with public or public private equity

(as amended on 06-07-2017)

Based on part (3) article 19 of the Law No. 121-XVI of May 4, 2007 on management of public property and its privatization (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), with subsequent changes and amendments, and also for the purpose of providing regulation of process of attraction of private investments for development of commercial societies with public or public private equity DECIDES: the Government

1. Approve Regulations on attraction of private investments into commercial societies with public or by public private equity it (is applied).

Prime Minister 

Iurie Leanca

Countersign:

Deputy Prime Minister, Minister of Economic Affairs

 

Valeriu Lazer

Minister of Finance

Vyacheslav Negrutsa

 

Approved by the Order of the Government of the Republic of Moldova of June 21, 2013 No. 414

Regulations on investment attraction in commercial societies with public or public private equity

I. General provisions

1. The regulations on investment attraction in commercial societies with public or public private equity (further – the Provision) establish procedure for attraction of private investments for development of commercial societies with public or public private equity, and also procedure for selection of private investors.

2. Attraction of private investments for development of commercial societies with public or public private equity is performed in the way:

a) organizations together with private investors of commercial societies with public private equity;

b) placements with the assistance of private investors of additional share issue;

c) implementation with the assistance of private investors of bond emission of joint-stock company.

3. Investment attraction for organization or development of commercial societies with public or public private equity is performed on the basis of the feasibility statement on feasibility of initiation of the public and private partnership including economic and technology case, and also the main characteristics: the minimum amount of necessary investments, their proportions and form and other specific requirements which belong to issue of securities. The feasibility statement affirms body of the central public management and is approved with the Agency of public property or body of local public authority.

4. Bodies of the central or local public authority can be initiators of creation of new commercial societies with public private equity.

Councils of commercial societies, and also bodies of the central or local public authority, for joint-stock companies with completely or majority public capital can be initiators of investment attraction by placement of additional issue or implementation of bond emission of joint-stock companies, with public or publicly - private equity.

5. Can act as investors:

a) physical and legal resident persons of the Republic of Moldova;

b) foreign legal entities with completely private equity, foreign citizens and stateless persons according to the current legislation;

c) associations of persons specified in subitems and) and b) this Item.

6. In case of attraction of private investments for creation of commercial societies with public private equity or way of the closed share issue or the bond emissions converted into shares, selection of private investors it is performed on the basis of open tender.

7. Investment attraction for development of commercial societies with public or public private equity, and also selection of investors are performed by the principles of equality, impartiality, nondiscrimination, ensuring the competition, efficiency, legality and transparency.

8. Responsible for the organization, carrying out tenders, on selection of private investors and establishment of methods of attraction of private investments into commercial societies with public or public private equity, is the Commission, on attraction of private investments (further – the Commission) which will be appointed by the Government according to the offer of bodies of the central public management which perform or will perform functions of the shareholder.

8-1. For carrying out tender on investment attraction for creation or development of commercial societies with the state public capital or the public and state and private equity, the Government, according to the offer of body of the central public management which will perform or performs functions of the shareholder, creates the Commission which structure joins three representatives of relevant organ and on one representative of the Ministry of Economics, the Ministries of Finance, the Ministries of Justice, the Agencies of public property, the National commission on the financial market and Services of information and safety, as well as independent experts with advisory vote.

8-2. For the purpose of carrying out tender on investment attraction for creation or development of commercial societies with the public capital of administrative and territorial units or public and private, the body of local public authority creates the decision the Commission which structure joins four representatives of relevant organ of local public authority and on one representative of the National commission on the financial market, territorial offices of the State office and the State Tax Administration, as well as independent experts with advisory vote.

8-3. The chairman and the secretary of the Commission are appointed from representatives of public bodies which created the Commission. The secretary is member of the commission, without voting power.

9. The decisions of the Commission reflected in protocols will move ahead relevant organ of public management to approval (acceptance) of the relevant joint-stock company by governing bodies, according to the current legislation.

10. Commission sessions are competent if is present at them at least 2/3 from total number of her members. Decisions of the Commission are made by open voting by a simple majority vote.

As necessary independent experts / specialists with advisory vote can be invited to commission sessions.

II. The procedure of attraction of private investments for development of commercial societies with public or public private equity

11. Conditions of rather minimum volume of investment, proportions, their forms and other specific requirements are established by the Commission according to the feasibility statement and the specification developed by the interested body of central/local public authority.

12. In case of investment attraction by creation together with private investors of commercial societies with public private equity the Commission establishes:

a) amount/proportion and form of private investments and state investments of the public sphere;

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