Approved by the Order of the Government of the Republic of Moldova of June 10, 1991 No. 293
Provision procedure for opening and activities in the Republic of Moldova of representative offices of foreign firms, banks and organizations
1. Foreign firms, banks and the organizations (further foreign firms) can open representations in the Republic of Moldova only with the permission of Government commission of the Republic of Moldova on foreign economic relations on representation of the ministries, departments and executive committees of local councils of the People's Deputies acting as accrediting bodies.
Accrediting bodies resolve also issues of opening of departments of the representative offices of foreign firms formed on their permission.
Several foreign firms can open one joint representation.
2. Permissions to opening of representations can be issued to foreign firms accrediting bodies are interested in cooperation with which and, first of all, known at home and in the world market, positively proved as collaboration partners with the companies and the organizations of the Republic of Moldova in different spheres.
Permissions can be also issued based on the intergovernmental agreements signed by the Republic of Moldova with foreign states.
3. Representative offices of foreign firms can be open for the purpose of:
effective assistance in implementation of agreements on cooperation in the field of trade, economy, finance, science and technology, transport, tourism and others, research of opportunities of further development, deepening and enhancement of forms of this cooperation, and also expansion of exchange of economic, commercial and scientific and technical information and development of trade and economic relations;
ensuring accomplishment of commercial and other transactions, and also effective assistance to the companies and organizations of the Republic of Moldova in development of export of machines, equipment and other goods and services, acquaintance with the latest developments of the world equipment, import of modern machines and equipment and implementation of their maintenance.
4. Representative offices of foreign firms open for the period necessary for implementation of the purposes specified in Item 3 this provision.
5. The foreign firm interested in opening of representation submits to the relevant accrediting organ the written application in which it states the purpose for which implementation the foreign firm asks to open representation, gives the description of activities of foreign firm and the detailed information about business connections with the Soviet organizations and the signed agreements or commercial transactions with indication of subject, the amount and the duration of the agreement or the transaction which accomplishment shall be promoted by representation, and also about perspectives of development of cooperation.
Official documents shall be enclosed to the application (the charter
foreign firms, the statement from the trade register, for bank - the statement from the bank register or the document confirming availability of permission to occupation with banking activity, etc.) in the notarial copies certified in accordance with the established procedure by consular establishments of the USSR abroad and with transfer into state language (including the statement). If opening of representation by the legislation of the country of the location of foreign firm requires special permission of public institutions, the copy of such permission certified in accordance with the established procedure also shall be enclosed to the application.
The foreign firm in addition to the specified data and documents represents at the request of the relevant accrediting organ other data and documents concerning its activities (the letter of recommendation of bank which services it uses, etc.).
The foreign firm after receipt of permission to opening or prolongation of term of activities of the representation in the territory of Moldova pays collection in the freely convertible currency equivalent to 500 US dollars.
6. The representative of foreign firm conducting from her name negotiations on opening in the Republic of Moldova of representation transfers to the relevant accrediting organ properly the drawn-up power of attorney.
7. Documents of foreign firm with the cover letter of accrediting body addressed to Government commission of the Republic of Moldova for foreign economic relations and the conclusion of Management of Vnesheconombank of the USSR of Chisinau on the mode of the account are represented to the Ministry of national economy of the Republic of Moldova and the Ministry of Foreign Affairs of the Republic of Moldova for pre-trial detention.
8. In the permission to opening of representative office of foreign firm issued by the Ministry of Finance of the Republic of Moldova are specified:
1) purpose of opening of representation;
2) conditions on which the foreign firm is allowed to open representation;
3) the term for which permission is issued;
4) number of persons employed of representation from foreign citizens - employees of foreign firm;
5) account mode.
9. The representative office of foreign firm is considered opened in the Republic of Moldova from date of issue of permission to its opening.
Permission loses force if the foreign firm did not use the right to opening of representation within six months from date of issue of permission.
10. The representative office of foreign firm acts for and on behalf of the firm represented to them (or firms) which name is specified in permission to opening of representation, and performs activities according to the legislation of the Republic of Moldova. At the same time the representative office of foreign firm with the consent of accrediting body and Government commission for foreign economic relations can perform the functions connected with accomplishment of representative services in the Republic of Moldova for the benefit of other firms.
The representation informs the Ministry of Finance of the Republic of Moldova on results of financial activities in accordance with the established procedure.
11. The head of representation acts on the basis of the power of attorney from foreign firm.
12. Accreditation of staff of representative office of foreign firms is performed by accrediting body within permitted number of employees.
13. Head of representative office of foreign firm:
timely informs the relevant accrediting organ on the list of staff of representation and its changes;
once a half-year sends to accrediting body written information on activities of representation. The list of the data represented as information is established by accrediting body and shall meet the requirements about preserving trade secret;
shall notify within a month from the date of the beginning of activities of representation the Ministry of Finance of the Republic of Moldova and the Ministry of Foreign Affairs of the Republic of Moldova on it, and also on the location of representation and the list of foreign employees in it.
14. Activities of representative office of foreign firm in the Republic of Moldova stop:
1) after the term for which permission is issued and if the firm did not request prolongation of term of activities of representation;
2) in case of liquidation of the foreign firm having representation in the Republic of Moldova;
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