ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 31, 2015 No. 901

About approval of the Regulations on procedure for transfer of objects of public property

Based on part (7) article 14 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, the Law No. 523-XIV of July 16, 1999 on public property of administrative and territorial units (The official monitor of the Republic of Moldova, 1999, Art. No. 124-125, 611), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on procedure for transfer of objects of public property according to appendix No. 1.

2. Recognize invalid some orders of the Government according to appendix No. 2.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of December 31, 2015 No. 901

Regulations on procedure for transfer of objects of public property

I. General provisions

1. The regulations on procedure for transfer of objects of public property (further – the Provision) establish the procedure of transfer of budget/public institutions on self-government, the state/municipal companies, their divisions, the parcels of land, fixed assets, including the isolated property, buildings, constructions, and other assets of public property (further – objects of public property), namely:

1) from public property of the state in public property of administrative and territorial units, including the autonomous territorial entity Gagauzia, and vice versa;

2) from maintaining one body of public management (the ministry, independent body of public management of the agency, other central administrative authority or body of local public authority, including the autonomous territorial entity Gagauzia), budget/public institution on self-government, in maintaining other body of public management;

3) within the same body of public management, in case of cession of property from one budget/public institution on self-government, the state/municipal company to other budget/public institution on self-government, to the state/municipal company which is in management of this body;

4) from property of one administrative and territorial unit in property of other administrative and territorial unit, including the autonomous territorial entity Gagauzia.

2. Objects of public property cannot be transferred gratuitously to the possession to labor unions, non-governmental, public, religious and other private organizations or commercial societies (further – legal entities of private law), to physical persons, except as specified, specially provided by the law.

3. The objects which are property of the companies, organizations, other private physical persons or legal entities are transferred to the jurisdiction or property of the state or administrative and territorial units (in maintaining bodies of public management) is non-paid, according to the decision of the governing body authorized by the owner with the consent of the accepting body of the public power.

4. Bodies of public management or legal entities who have public property in maintaining can act as initiators of transfer of objects of public property.

5. Transfer of objects of public property, except for securities, is performed based on source documents - the deed of conveyance and delivery note. The deed of conveyance is drawn up according to requirements of this provision, and delivery note – according to the instruction approved by the Ministry of Finance. Their exception of financial accounting of the transferring party and reflection in financial accounting of the host party, and also their re-registration are performed according to the procedure, established by the legislation.

6. Transfer of securities of objects of public property is performed according to the procedure, established by the National commission on the financial market.

7. In cases when owing to transfer of the state/municipal company, its divisions or some isolated objects the founder of the company changes, the size of the authorized capital or other data changes, this company shall within 30 calendar days of date of transfer acceptance make necessary changes and additions to constituent documents and to provide them, in accordance with the established procedure, for state registration.

8. Prior to transfer real estate units which are component of other real estate units shall be separated them with observance of the procedure established in article 17 of the Law No. 354-XV of October 28, 2004 on forming of real estate units. Real estate units which are component of other objects of public property with the status of cultural and historical monument cannot be divided from these objects.

II. Decision making about transfer of objects of public property

9. The basis for transfer of objects of public property is the decision on transfer made by authorized body according to the legislation and Item 10 of this provision.

The decision on transfer can be combined with decisions on reorganization of bodies of public management or on creation, reorganization or liquidation of budget/public institutions on self-government or the state/municipal companies.

10. The decision on transfer of objects of public property is made:

1) the Government - in case:

a) transition of objects of public property of the state from the public sphere to the private sphere of public property of the state and vice versa;

b) transfers of objects from public property of the state in public property of administrative-territorial units / the autonomous territorial entity Gagauzia, with the consent of local council / People's Assembly;

c) transfers of budget/public institutions on self-government, the state companies, commercial societies with the state share and real estate of public property of the state from maintaining one body of the central public management of independent body of public management in maintaining other body of the central public management / independent body of public management, including the non-state organizations of the public law created by special laws;

2) the central body of public management - in case:

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