ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 29, 2015 No. 797

About approval of changes and additions which are made to some orders of the Government

Based on Item b provisions) parts (2) articles II of the Law No. 89 of May 29, 2014 on modification and amendments in the Law No. 419-XVI of December 22, 2006 on public debt, the state guarantees and the state recrediting (The official monitor of the Republic of Moldova, 2014, Art. No. 174-177, 395) DECIDES: the Government

Approve changes and additions which are made to some orders of the Government (are applied).

Prime Minister

Valeriu Strelets

Countersigns: Minister of Finance

Anatol Arapu

Approved by the Order of the Government of the Republic of Moldova of October 29, 2015 No. 797

Changes and additions which are made to some orders of the Government

1. In the Order of the Government No. 1136 of October 18, 2007. "About some measures for execution of the Law No. 419-XVI of December 22, 2006 on public debt, the state guarantees and the state recrediting" (Official monitor of the Republic of Moldova, 2007, Art. No. 175-177, 1216), with subsequent changes and amendments, to make the following changes and additions:

1) in the name of the resolution of the word "public debt" shall be replaced with words "debt of the public sector";

Introductory part of the resolution to state 2) in the following edition:

"For the purpose of execution of Item c) parts (3) article 51 of the Law No. 419-XVI of December 22, 2006 on debt of the public sector, the state guarantees and the state recrediting (repeated publication: The official monitor of the Republic of Moldova, 2014, Art. No. 379-399, 704) DECIDES: the Government";

Item 1 of the resolution to add 3) with two paragraphs of the following content at the end:

"Regulations on procedure for the conclusion of the agreement on acceptance on the debt obligation / provision of guarantees on the credits executive bodies of administrative and territorial units, according to appendix No. 9;

Regulations on the Report on debt and the Report on guarantees of administrative and territorial units, according to appendix No. 10";

4) in the text of the resolution, and also in content of all appendices:

the words "public debt" shall be replaced with words "debt of the public sector" in the corresponding case;

replace the words "state register" and "register" with the word "report" in the corresponding case;

the word "registrar" shall be replaced with words "person which constituted the report" in the corresponding case;

replace the word "record" with the word "registration" in the corresponding case;

replace the word "subregister" with the word "report" in the corresponding case;

5) appendix No. 1 to the resolution:

a) in Regulations on the reporting under public debt:

state Items 1 and 4 in the following edition:

"1. The regulations on the reporting under debt of the public sector (further – the Provision) are developed according to part (4) article 12 of the Law No. 419-XVI of December 22, 2006 on debt of the public sector, the state guarantees and the state recrediting for the purpose of establishment of the procedure of the reporting and monitoring of debt of the public sector, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative and territorial units.";

"4. The periodic reporting contains information on use, repayment of the main amount, percent and other payments, and also on debt remaining balance, the cumulative overdue payments, penalty fee, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative and territorial units, and any opportunities of review of payment terms of loan.";

in Item 5 change is made only in the text in state language;

in Item 7 of the word to "bonds and guarantees" shall be replaced with words "to the contingent obligations following from agreements on provision of the state guarantees / guarantees administratively - territorial units.";

state Item 8 in the following edition:

"8. National Bank of Moldova, bodies of local public authority, the state/municipal companies and commercial societies with completely or mainly state capital, and also beneficiaries of the internal or external loans issued under guarantee state/guarantee of administrative and territorial units quarterly provide to the Ministry of Finance information necessary for the reporting and monitoring of the amounts of debts, money withdrawal and debt servicings of the public sector, contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative and territorial units according to appendix No. 2 to this Provision or through computer system of accounting of external debt.";

in Item 9 of the word "commercial societies in which the share of the state or administrative and territorial unit exceeds 50 percent of the authorized capital" shall be replaced with words "the state/municipal companies and commercial societies with completely or mainly public capital and administrative and territorial units", and the words "agreement, signed" - the words "copy of the agreement, signed";

in Item 10 of the word "commercial societies in which the share of the state or administrative and territorial unit exceeds 50 percent of the authorized capital" shall be replaced with words "the state/municipal companies and commercial societies with completely or mainly state capital and administrative and territorial units";

add with Items 11-1 and 11-2 of the following content:

"11-1. Creditor banks of the public sector quarterly provide to the Ministry of Finance information on the amounts of debts on the loans issued to the state/municipal companies, commercial societies with completely or mainly state capital and to administrative and territorial units and also on remaining balance of their debt according to appendix No. 5 to this Provision.

11-2. Bodies of the central and local public authority and public bodies represent to the Ministry of Finance the list of the state/municipal companies, commercial societies with completely or mainly state capital, subordinated to them which obtained loans for the term of one year and more, with indication of data on remaining balance of debt and the name of the creditor, to the 25th which is directly following reporting quarter.";

in Item 12 of the word "bonds and guarantees" shall be replaced with words "the contingent obligations following from agreements on provision of the state guarantees / guarantees of administrative and territorial units", and after the word of "debt" to enter words of "the public sector";

add with Item 12-1 of the following content:

"12-1. In case after submission of information there were changes, they are represented to the Ministry of Finance within 10 working days.";

in Item 13 the last offer to exclude;

add with Items 14-16 of the following content:

"14. The Ministry of Finance represents to the Government and Parliament quarterly, within 70 days after the termination of the respective quarter, the quarterly statement on situation in the field of debt of the public sector, the state guarantees and the state recrediting and within 90 days after the termination of the corresponding year – the annual statement about situation in the field of debt of the public sector, the state guarantees and the state recrediting.

15. The changes in remaining balance of debt of the public sector and remaining balance of the state guarantees included in the report on situation in the field of debt of the public sector, the state guarantees and the state recrediting are reflected in the report note in the next accounting period.

16. Responsibility for representation at the scheduled time and accuracy of the data in information necessary for monitoring of debt of the public sector, carries the official. Failure to meet requirements on provision of information necessary for monitoring of debt of the public sector, is subject to punishment according to the Code about offenses.";

b) in appendix No. 1 to the Regulations on the reporting under public debt:

in Item 3 to replace sign "No." with the word "Number";

in Item 6 change is made only in the text in state language;

in Item 14, subitems 14. 1, 14.2, 14.3 and 14.4 change are made only in the text in state language;

in the Instruction for filling of the report on the first registration of loans in the Ministry of Finance:

word in paragraph one "Ministry of Finance" to add with the words "it is prepared and";

in Item 3 to replace sign "No." with the word "Number";

in item 4 the word "has" shall be replaced with words "can reflect", to add the word "or" with the word "/and", after the word "tranches" to add with the word of "loan";

in Item 5 of the word of "the creditor which" shall be replaced with words "credit division, which";

state Item 6 in the following edition:

"6. Signature date of the agreement: Date when the loan agreement was signed. In case signature date of the agreement the creditor and signature date of the agreement debtor different, is considered signature date of the agreement later signature date which confirms the conclusion of the agreement";

in Item 8 change is made only in the text in state language;

in Item 9 change is made only in the text in state language;

in Item 11 change is made only in the text in state language;

subitems 12Yo. 13.3 and 14.3 after the word "signed" to add 3, with the word "in addition";

in Item 14 and subitems 14.1-14.4 to replace the word "payments" with the word "payments" in the corresponding case;

state the last paragraph in the following edition:

"This report is signed by person responsible for creation of the report, and the head of reporting unit and it is represented to the Ministry of Finance. Besides, the report is sealed reporting unit";

c) in appendix No. 2 to the Regulations on the reporting under public debt:

in the Quarterly reporting on money withdrawal and servicing of public debt:

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