ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 26, 2017 No. 332

About approval of the Regulations on procedure of control of professional activity of the authorized managing directors

Based on part (5) article 35 of the Law No. 161 of July 18, 2014 on the authorized managing directors (The official monitor of the Republic of Moldova, 2014, Art. No. 293-296, 605) DECIDES: the Government

Approve Regulations on procedure of control of professional activity of the authorized managing directors it (is applied).

Prime Minister

Paweê Phillip

Countersigns: Minister of Justice

Vladimir Chebotar

 

Appendix

to the Order of the Government of the Republic of Moldova of May 26, 2017 No. 332

Regulations on procedure of control of professional activity of the authorized managing directors

I. General provisions

1. This Provision regulates control subject, the organization and functioning of Control commission, procedure for the organization and control of professional activity of the authorized managing directors, and also procedure for representation of results of check and the control act.

2. Control is based on the following principles:

a) legality;

b) objectivity and impartiality;

c) transparency of control procedure;

d) the minimum intervention in professional activity of the authorized managing director.

II. Organization and functioning of Control commission

3. The control commission is created at least from three members appointed by the order of the Minister of Justice, from which: at least two are the staff of the Ministry of Justice and one – the authorized managing director appointed by the Union of the authorized managing directors. As members of the commission also other specialists having knowledge in the field can be included, as necessary.

4. Proceeding from number of managing directors whose activities are subject to control, the area or the settlement where there will take place check, and also control term, the Ministry of Justice can create several control commissions.

5. The commission performs activities in case of presence, at least, 2/3 from total number of her members.

6. In the activities the Control commission is guided by the existing regulations.

7. Members of the commission are informed on obligation of maintaining confidentiality and on responsibility for its violation, and shall sign the declaration on confidentiality.

8. The control commission carries out the following obligations:

1) exercises control of professional activity of the authorized managing director according to the current legislation;

2) draws up the control act of professional activity of the authorized managing director;

3) makes decisions on the place of control of professional activity of the authorized managing director;

4) to state availability or lack of violations of professional obligations of the authorized managing director subjected to control;

5) to constitute annual statistics about the violations made by the authorized managing directors and to publish it on the official site of the Ministry of Justice.

9. Members of Control commission have the right:

1) to get acquainted with the materials necessary for control;

2) to check the submitted documents, and also to receive their copies or to make copies of them;

3) to demand from the authorized managing director of explanations concerning the checked documents;

4) to demand from the authorized managing director subjected to control and/or bodies which it manages documents or other necessary information for the purpose of control or creation of the control act.

10. Members of the commission shall:

1) to be objective and impartial throughout control term;

2) to perform the activities honesty, independently and according to provisions of the current legislation;

3) to inform the Ministry of Justice and other members on existence of conflict of interest with the authorized managing director who shall undergo to control, with his lawyers, employees or the staff of managed enterprises;

4) to sign the declaration on confidentiality;

5) to keep the secret concerning the documents and actions which became to it known in control process;

6) to take part in creation of the control act;

7) to draw up the authentic control act based on documents which studied.

11. Information request and documents, and also communication between the Ministry of Justice and Control commission, on the one hand, and to the authorized managing director subjected to control, on the other hand, is performed also by the official e-mail of the members of the commission and official e-mail of the authorized managing director reported and registered in the Ministry of Justice.

III. Procedure for the organization and control of professional activity of the authorized managing director

12. Subject of control of professional activity of the authorized managing director is:

1) observance of provisions of the Law No. 161 of July 18, 2014 about the authorized managing and other obligatory regulations on the organization of professional activity of the authorized managing directors;

2) implementation of some types of activity incompatible with activities of the authorized managing director;

3) violation of the obligations concerning avoiding of conflict of interest when implementing activities of the authorized managing director;

4) unreasonable refusal of appointment for participation in procedures of insolvency or dissolution of the legal entity of private law or individual entrepreneurs and implementation of the mandate;

5) observance of regulations on the extreme number of procedures of insolvency in which the authorized managing director is appointed;

6) the correct storage of documentation which constitutes or which the authorized managing director, registers and clerical work has;

7) use in activities of the registers provided by the law, storage of archive, and also observance of the working schedule.

13. In case of identification of the violations allowed by the authorized managing director in case of execution of the obligations in the current legal procedure, the Ministry of Justice notifies on it the degree of jurisdiction considering case. If actions of the authorized managing director are subject to the tort liability or criminal liability, materials of check are transferred to competent public authorities.

14. Control of professional activity of the authorized managing directors is exercised by Control commission by means of information request at the authorized managing director who shall undergo to control, without departure into place, or, in case of non-presentation of information necessary for control, with departure into place.

15. Control of professional activity can be:

1) at the initiative of the commission, once in the first 5 years after authorization issue;

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