Establishment of the enterprises

To facilitate the work of our clients we have prepared the information which we think will be useful to start a business, having an idea about the legal regulation of this issue.

 

It often happens that for the implementation of a business activity, the non-residents of the Republic of Moldova do not know, and often get confused, in these initiatives, which leads to disappointment and reluctance to continue. This chapter describes the basic legal acts and ways to apply them which helps you understand the steps of the company's registration process and of the legal activity of the legal entity.


Legal base of juridical persons activity, in Republic of Moldova, is founded on five main normative acts:

  1. Civil Code Nr.1107-XV from 06.06.2002, effective from 22.06.2002.
  2. Law RM "Regarding the state enterprise registration and organization", effective from 22.03.2001.
  3. Law RM "Regarding enterprises", effective from 28.02.1992.
  4. Law RM "Regarding investments in business activity", effective from 18.03.2004.
  5. Government Resolution of RM "Regarding approving the position about economic society in Republic of Moldova" Nr.500 from 10.09.1991.


The Given normative acts adjust the enterprise activity in the field of enterprise registration, their activity, operation, cessations of the juridical person activity etc.

The Foreign juridical persons are leveled to juridical persons of the Republic of Moldova. The Juridical persons have the right to create branches or representations.

The juridical persons registration is realized by the Registration Chamber of Ministry Information Development. Except the documents, required for an enterprise registration, foreign investors in addition enclose:

  • extract from the national commercial register of the investor country.
  • certificate regarding the foreign enterprise registration.
  • constituent documents of the foreign enterprise. The Documents noted above, are presented in copy, certified by notary and consular institutions of the Republic of Moldova in other states, with translation on the state language.
  • reference regarding the foreign enterprise solvency, issued by the bank, in which it is serviced.


The Territorial branches of the Chamber haven't the right to refuse in receiving the statement regarding registration or require presenting the documents, which aren't provided by legislation. The procedure itself of the juridical person registrations is 10 days. For outflow of this period manager gets the registration certificate of the enterprise or organizations. By means of certificate is certified the fact of the state registration and taking the enterprise and organizations on a tax account, and is a certificate about conferring tax code.

The most wide-spread form of the business activity realization is a join-stock company and society with limited liability, which can be created by a one legal or physical person. As to responsibility, the join-stock company and society with limited liability have responsibility on its obligations by all its property, consequently founders of the enterprise have responsibility on obligations of the enterprise only within the cost belonging to him actions (the step).

The Legal regulation of the question regarding the legal activity of the juridical persons in Republic of Moldova, is very extensive and concerns the many questions. Given you information is not exhausting and more detailed consultation, you may get, connected with our Agency or become our client.

AEA
Fundaţia Filantropică Medico-Socială “Angelus Moldova”
Asociaţia Pro Umanitas în Moldova
ONG
Curcubeul Speranţelor