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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 21, 1993 No. 284

About approval of the Regulations on the rent company and Regulations on lease contract

(as amended on 03-08-2004)

In pursuance of the Law of the Republic of Moldova "About lease" the Government of the Republic of Moldova decides:

1. Approve Regulations on the rent company and Regulations on lease contract (the appendices N 1 and 2).

2. To the companies working in lease term to bring the lease agreements signed in the territory of the Republic of Moldova and charters of the founded rent companies into compliance with requirements of this resolution in a month. If changes and amendments in constituent documents entailed changes of the data entered in the State commercial register the last are brought in the register in accordance with the established procedure.

3. Determine that in case of lease of state-owned property (municipal) company of the Republic of Moldova by lessors are:

1) Fund of state-owned property - in case of lease of property of the state company or company owning share of state-owned property;

2) local government body in the territory of which there is the relevant company, - in case of lease of property of the municipal company, and also the companies owning share of municipal property.

The refusal in the conclusion of lease agreements is allowed in case:

inclusions of the state company in the list of the objects which are not subject to leasing or in the list of objects, privatizeable in 1993-1994 for bonds of national property according to the State program of privatization approved by Parliament of the Republic of Moldova;

prediscretion in the lease agreement of the complete or partial redemption of state-owned property;

violations of established procedure of creation of the rent company; if leasing of the company or its division contradicts the antitrust law of the Republic of Moldova.

4. Sublease of property of the state company (or municipal) is performed by directors only with the consent of the lessor.

5. Determine that:

lease of property of the company or its structural unit (division) is performed on the basis of open tender, except for case when employees of the same company for organization of the rent company petition for lease of property;

condition of leasing of state-owned property (municipal) company to the physical persons which are not registered as employees of this company, and legal entities is submission of documents on availability in their property of material values, money, securities and property rights on which according to the legislation of the Republic of Moldova collection, for total amount in the amount of reserve fund, but at least 15 percent from the cost of the leased property specified in the draft agreement of lease can be turned;

when leasing the state-owned (municipal) property it is not required to group of employees of this company of provision of the specified documents;

leasing of state-owned property (municipal) company to physical persons and legal entities of other states, and also stateless persons is performed in coordination with the Ministry of external commercial relations according to the procedure, the stipulated in Item 3 presents of the resolution;

the amount of the rent can change in case of revaluation of original cost of fixed assets and adjustment of results of assessment of property taking into account inflation rates.

6. To the Ministry of Finance to establish the amount of payment and procedure for use of the income arriving from lease of property of state governing bodies in a month.

 

 

Prime Minister

Andrey Sangeli

Appendix No. 1

to the order of the Government of the Republic of Moldova of May 21, 1993 No. 284

Regulations on the rent company

I. General provisions

1. This Provision determines procedure for organization, legal status, the principles of management and activities, and also the basis and procedure for the termination of activities of the rent company in the territory of the Republic of Moldova.

2. The rent company is the company created by members of labor collective of the transformed state (municipal) company or its structural unit (division) for the purpose of conducting joint business activity under general firm based on the charter and the public agreement (municipal) property as single property complex.

3. The property of the state (municipal) company or its structural unit can be leased to members of labor collective of this company (structural unit) for their petition or according to the proposal of the lessor.

The property of the company can be leased to other legal entities and physical persons only after refusal of members of labor collective of lease of property irrespective of whether the rent company is established.

4. The rent company can be engaged in all types of activity which are not forbidden by the legislation of the Republic of Moldova. The separate types of activity determined by the legislation of the Republic of Moldova, the rent company can be engaged only based on the license.

5. The rent company has no higher body of management.

6. The procedure for ownership and use of leased property is established in the lease agreement.

7. The rent company is legal entity and is guided in the activities by the laws and other regulations of the Republic of Moldova, and also constituent documents of the rent company.

II. Organization of the rent company

8. For the solution of question of organization of the rent company based on the transformed state (municipal) company or its structural unit (division) as single property complex (further - the company) general meeting (conference) of members of labor collective of this company (division) is convened.

General meeting (conference) can be convened at the initiative of the lessor, at least 10 percent of members of labor collective, administration or trade-union committee of the company.

9. General meeting (conference) makes the decision:

about organization of the rent company and representation of the corresponding petition to the lessor (or makes the decision according to the proposal of the lessor on organization of such company);

about the choice of the representatives of labor collective representing its interests in the course of organization of the rent company;

about the order to representatives of labor collective of project development of the lease agreement and charter of the rent company;

about registration by the protocol of the list of founder members of the rent company; about time of convocation of the constituent assembly of the rent company. In case of introduction by the lessor of the offer on organization of the rent company he shall develop the draft agreement of lease and send it to representatives of labor collective.

The decision on organization of the company is made by general meeting (conference) of labor collective at least than 2/3 voices of attendees at meeting (conference), competent to make the decision.

10. The representatives of labor collective elected according to Item 9 of this provision:

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