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LAW OF THE REPUBLIC OF MOLDOVA

of September 28, 2014 No. 188

About some measures for insolvency proceeding of Termocom joint-stock company

This organic law is adopted based on provisions of article 106-1 of the Constitution by acceptance by the Government of responsibility to Parliament, and also for the purpose of ensuring energy security, creation of conditions for stable provision of services on heat supply to consumers in mun. Chisinau and increases in efficiency of the heat power companies mun. Chisinau.

Art. 1. – (1) In departure from provisions of the Insolvency act No. 149 of June 29, 2012, set of property of JSC Termocom in insolvency proceeding (IDNO 1003600022286) intended for implementation of activities for production, distribution and delivery of heat energy in mun. Chisinau, as functional subgroup transfers AO "Centrala Electrica cu Termoficare No. 2" mun. Chisinau (IDNO 1003600026295) based on the purchase and sale agreement, in case of the ineffectual expiration in 10 calendar days, the local public authority provided to body mun. Chisinau by the notice, for implementation of the privilege.

(2) the Term in 10 calendar days specified in part (1), the authorized body of local public authority mun is considered overdue fruitlessly if during this period. Chisinau did not sign the purchase and sale agreement of functional subgroup.

(3) the List of property of JSC Termocom in insolvency proceeding which is included into functional subgroup affirms JSC Termocom Creditor committee as insolvency proceeding. The requirements of creditors of JSC Termocom in insolvency proceeding included in the final register are not part of functional subgroup.

(4) the Price of purchase and sale of functional subgroup will be equal to market value of the set of all property which is its part, determined by the independent appraiser according to the legislation.

(5) in case of the conclusion of JSC Centrala Electrica cu Termoficare № 2 mun. Chisinau of the purchase and sale agreement of functional subgroup, the obligation on payment of the price is settled by compensation of its requirements as the creditor of debit mass of AO "Termocom" in insolvency proceeding, within the size of these requirements of date of the conclusion of the agreement.

Art. 2. – (1) the Buyer of functional subgroup will use for designated purpose everything the property received in compliance by the purchase and sale agreement and will provide uninterrupted heat supply of consumers.

(2) the Delivery agreements of heat energy and other agreements included in the List of the property which is part of functional subgroup will remain in force, and the buyer of functional subgroup will become the successor of the rights and obligations of JSC Termocom in insolvency proceeding as the party of the specified agreements, for date of the conclusion of the purchase and sale agreement of functional subgroup.

(3) the Buyer of functional subgroup will become the legal successor of licenses and authorizations for implementation of activities for production, distribution and delivery of heat energy which JSC Termocom in insolvency proceeding, for signature date of the purchase and sale agreement of functional subgroup has.

(4) the Buyer of functional subgroup will become the successor of right to claim of accounting when calculating rate for heat energy of the financial variations formed at JSC Termocom in insolvency proceeding until the conclusion of the purchase and sale agreement of functional subgroup.

(5) Individual employment contracts with employees of JSC Termocom in insolvency proceeding remain in force, and the buyer will become the successor of the rights and obligations of the employer for signature date of the purchase and sale agreement of functional subgroup.

Art. 3. – The property of debit mass of JSC Termocom in insolvency proceeding which is not included in functional subgroup according to Article 1, will be used according to provisions of the Insolvency act No. 149 of June 29, 2012.

Art. 4. – (1) the Purchase and sale agreement provided in Article 1, consists in writing, the certified form is not obligatory.

(2) the Buyer of functional subgroup is exempted from payment for registration in the real estate register of the property right to the real estate acquired according to the purchase and sale agreement provided in Article 1.

Art. 5. – In departure from provisions of the Tax code No. 1163-XIII of April 24, 1997, transfer of functional subgroup according to Article 1 is exempted from payment of the VAT.

Art. 6. – To the government within 6 months from the date of the conclusion of the transaction on purchase and sale of functional subgroup to submit to Parliament the report on accomplishment of this law.

Chairman of the parliament

Igor Korman

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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