of October 31, 1997 No. 1010
About approval of Rules of commission trade
For the purpose of consumer protection in the conditions of market economy the Government of the Republic of Moldova DECIDES:
1. Approve Rules of commission trade (are applied).
2. To the Ministry of Finance together with the interested ministries to develop and approve the instruction about procedure for registration of commission transactions, accounting and the reporting in the trade enterprises enabling acceptance and sales of goods on the commission beginnings in a month.
3. Primeriyam of municipiums and to district executive committees to determine the companies for trade in the goods confiscated based on sentences and decisions of degrees of jurisdiction and transferred to the State Tax Administration for realization in accordance with the established procedure on the commission beginnings with the direction of the income from sale of these goods to the corresponding local budgets.
Prime Minister of the Republic of Moldova
Approved by the Order of the Government of the Republic of Moldova of October 31, 1997 No. 1010
1. Rules of commission trade (further - rules) regulate procedure for commission trade by manufactured and food products (further - goods) based on the commission agreement (commission agreement), and also the relation between the broker and the consignor on purchase and sale of the goods accepted on the commission.
The commission agreement is signed between the subject of trading activity accepting goods on the commission (further - the broker), and the physical (legal) persons delivering goods to the commission (further - the consignor) according to which the broker shall make at the request of the consignor one or several commercial transactions from the person for the purpose of retail sale of goods for certain remuneration.
The commission agreement (commission agreement) is constituted in duplicate, first of which is handed to the consignor, and the second remains at the broker.
Forms of commission agreements (commission agreements) and commodity labels in the established form (the appendices N 1 and 2) are produced by broker which carries costs for their acquisition for distribution costs.
2. Action of these rules extends to all retailers accepting and realizing goods on the commission beginnings.
3. Selling price of the goods accepted on the commission, the size of commission charges, payment of expenses of the broker on storage of goods, terms and procedure for their writedown, terms of sales of goods before and after writedown are determined by the commission agreement (commission agreement) according to these rules.
4. For the consignor the property right to the goods accepted on the commission until its sale (transfer) to the buyer remains.
5. The broker bears complete responsibility to the consignor for loss and damage of the goods accepted on the commission.
The size and procedure for compensation of the damage caused to the consignor are established by agreement of the parties. The disputes arising between the broker and consignor on accomplishment of terms of the contract of the commission, and also the size and procedure for compensation of damage caused to it are permitted according to the current legislation.
6. The beginning of term of implementation by the broker and consignor of the actions provided by the commission agreement (commission agreement) and these rules are estimated from the date of, the creation of the agreement following after date, without days of rest and holidays.
7. The broker can provide to the consignor additional paid services in acceptance and assessment of goods at home, delivery of large-size goods from the consignor in shop etc.
8. Documentary registration of commission transactions, financial accounting and the statistical reporting under commission trade are performed by the broker in accordance with the established procedure.
9. The broker hangs out these rules in the available place of the hall of the company where commission trade is performed.
10. According to the current legislation on the commission goods are accepted:
from citizens of the Republic of Moldova, foreign citizens and stateless persons - upon presentation of the identity document;
from the companies (the organizations, organizations) - at sight the authorized person of the company (the organization, organization) powers of attorney, the delivery note which is drawn up and issued in accordance with the established procedure and the identity document.
11. On the commission the new nonfood and packed (packaged) food products, and also the nonfoods suitable which were in the use for use which are not requiring repair or the restorations meeting health requirements and regulations are accepted. According to rules of National system of certification the goods accepted on the commission in small lots shall be followed by the certificate of conformity (or the document equated to it), and import foodstuff - and the hygienic certificate.
12. Cars, buses, motorcycles, tractors, other self-propelled machines, mechanisms and trail cars to them (further - vehicles) are accepted on the commission only in case of presentation of registration certificates of certificates and/or interim certificates on registration with marks of registration and examination divisions of the Ministry of the Agency of the state services or inspections of "Intehagro" of the Ministry of Agriculture and the food industry about their withdrawal from operation.
13. Number aggregates of vehicles (the engine, the block of cylinders, body, the chassis, frame and side trail cars to motorcycles) are accepted on the commission in case of presentation by owners or their authorized representatives of the references issued by registration and examination divisions of the Agency of the state services or inspections of "Intehagro" of the Ministry of Agriculture and the food industry about their accessory.
14. Jewelry from precious metals and gemstones is accepted on the commission according to the requirements provided in the relation of this type of goods by the Rules of retail trade, acceptance, storage and accounting of products from precious metals and gemstones approved by the Order of the Government of the Republic of Moldova N 261 of May 13, 1996.
Physical persons (which have no the license for the activities right with precious metals and gemstones) can annually hand over on realization on the commission beginnings up to five products from precious metals and gemstones.
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