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Events

Sample imagePresident of Association of Auditors and Management Consultants from the Republic of Moldova, General Director of audit company „Ecofin-Audit-Service” SRL, editor in chief of "Fin-Consultant" magazine, economist, Mr. Ion Prisacaru has signed a new original book, which has recently appeared at the publishing house ”Gunivas” – “Return to roots”. (Read more...)
Sample imageIn March 2012, Audit firm „Ecofin-Audit-Service” SRL, became partner – member, of international network Crowe Horwath International. (Read more...)
Sample imageOn 02.02.2012, during the award ceremony for “Brand of the year - 2011” contest, Ecofin-Audit-Service Ltd was awarded the “Mercuriul de aur (Golden Mercury)” Grand Prix for the “Financial Institutions, Products and Services” category, Socially Responsible Brand Nomination. (Read more...)

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July 2012

We propose you to get acquainted with the legislative amendments and completions published in the Official Gazette of the Republic of Moldova during July, 2012.

Regulations on consumer’s protection, food safety

On July 13 the Law No. 113 of 18.05.2012 on determination of general principles and requirements of law on food safety was published. This law was adopted within the process of harmonization of the legislation of the Republic of Moldova with the European Union’s regulatory framework (Regulation 178/2002 of the European Parliament and Council of January 28, 2002 on determination of general principles and requirements of food law, institution of the European authority for Food Safety and determination of the procedures in the field of food products safety). The stated purpose of the law is to achieve a high level of protection of human health and consumer’s interests on food safety. The Law appoints the National Agency for Food Safety, there are determined its fields of competence, as well as those of the Ministry of Health, in terms of food safety and animal feed. There are also established general principles on the law ruling the fields related with the food products, at all levels of the chain of production, as well as the animal feed, thus being defined and strengthened legal and institutional framework on food safety and animal feed. The provisions of the Law shall not be applied to primary production meant for domestic consumption or handling / storage of food for domestic consumption. Law No. 113/2012 will enter into force in six months after the date of its publication.

In order to contribute to the minimization of food risks to which the minors are exposed, the Law on food products No. 78 of 18.03.2004 was completed with provisions that prohibit preparation, marketing, distribution of food products not recommended for preschool children and pupils at a distance less than 100 meters from the entrance or headquarters of the educational institution. The list of products not recommended for preschool children and pupils is to be prepared by the Ministry of Health and will include products with a high content of fat, salt, sugar, sweeteners, food additives, carbonated drinks, including energizing drinks.

In the same train of ideas, there was established the contraventional liability for the above mentioned actions, by introducing a new article in the Contravention Code (Art. 801), which provides for sanctions in the form of a fine from 100 to 150 conventional units, with or without deprivation of right for business activity up to one year (for legal persons).

Financial activity

In order to combat the phenomenon of spreading the illegal financial structures as "financial pyramid", which collects money from the population, the Parliament adopted the Law No. 128 of 08.06.2012 for completion of some regulatory documents that supplement the regulatory documents in force, as follows:

  • Law No. 845 of 03.01.1992 on entrepreneurship and enterprises was replaced with Art. 91; it expressly establishes the prohibition to develop unauthorized activities on deposit or collection of refundable funds. Additionally, there was instituted the prohibition to collect in an unauthorized way funds under entry on the list, and the promise of financial gains resulted from the increase of the number of recruited / entered persons.
  • Article 8 Paragraph 1) of Law No. 280 of July 22, 2004 on microfinance organizations that provide activities prohibited for such organizations, was replenished with provisions that prohibit the microfinance organizations to collect from individuals, by public offerings, refundable funds.
  • The Criminal Code of RM was replenished with Art. 2411, which establishes criminal penalty (a fine from 150 to 1000 conventional units or imprisonment for up to 6 years) for practicing financial activity without registration and authorization according to legislation, and for such actions that have caused damage in a specially large scale.
  • Contravention Code of the Republic of Moldova was completed with Art. 2631 which establishes contraventional sanction for organizing illegal financial structures without registration and authorization as provided by the law, proposing to some persons to deposit, to collect money or to be entered in the list, giving them hope of financial gains from the increase of the number of recruited or entered persons. Observation and investigation of these actions shall be in the subdivisions’ line of the Ministry of Internal Affairs.
  • Investment activity

    In order to implement the provisions of Law No. 179 of July 10, 2008 on public-private partnership, by Decision No. 476 of July 4, 2012, the Government approved Regulation on general conditions and standard procedures for selecting the private partner. The regulation is implemented in public-private partnership projects initiated by local and central public authorities, and it provides methodological aspects on implementing public-private partnerships, standard procedures regarding the initiation and implementation of public-private partnerships, their monitoring and termination, assignment procedures of the public-private partnership contracts. The Regulation contains provisions that regulate the activity of the board for private partner selection, preliminary actions to the assignment of public-private partnership contract (identification and approval of the objects of public-private partnership projects, feasibility study, forms and proceedings of performance of the partnership projects), the procedure of performance of the private partner selection contest, structure and stipulations of the public-private partnership contract, partnership termination.

    Regulations on insurance activity

    On the 20th of July a lot of amendments to the Law No. 407 of December 21, 2006 on insurance came into force. Law on Insurance was completed with changes aimed at raising the quality of services rendered by the insurers and increase of their qualification, insurance of observation of the rights and interests of the insured persons. There was also modified and / or completed some concepts that are found in the previous text of the law - like franchise, broker of insurance / reinsurance, actuary, and there were introduced new concepts - like bank insurance agent, assistance, purchase costs, contractor of insurance, correspondent. Among the introduced amendments we are mentioning:

  • the requirement of the public institutions that have information on the circumstances of the insured cases to provide this information to the insurers;
  • the right of the insurance company to call in question the documents issued by the authorities, which detected the circumstances of the procedures of the insured case, as well as their decisions regarding the quilt determination of the insured person in the procedure of the insured case;
  • increase of the fines for violations set from 0.3% up to 1% from the share capital.
  • in the structure of the insurance premium the acquisition costs must be determined from other expenses of the insurer / reinsurer separately, and the commissions provided for the conclusion of the insurance / reinsurance contract shall not exceed the limit of the acquisition costs provided in the structure of the insurance / reinsurance premium.
  • the increased demands on technical equipment and location of branches, representative offices and subdivisions of the insurers and insurance intermediaries. This provision is meant to eliminate the activity of cigarette booths and mobile units from the sale process, insurance policies, and to transfer the trade policies in a more civilized area.
  • rendering of insurance services in furnished rooms that must comply with the statute related to the financial field.
  • more serious and clear stringencies on the audit of the insurer’s-reinsurer’s activity. It should be noted that in the audit team, at least, one person must hold the position of actuary.
  • insurance - reinsurance brokers must comply with a number of provisions. One of the toughest provisions is the compulsoriness to operate with two bank accounts: one for the collection of the insurance premiums for insurers and performance of compensation payments made on behalf of the insurer, other for the current activity.
  • insurance-reinsurance brokers and insurance agents are required to hold qualification certificates in insurance. License for insurance mediation activity as insurance / reinsurance broker is awarded on a limitless term (until the adoption of the amendments the limit term was of five years).
  • Simultaneously, there were made amendments to the Law No. 414 of 22.12.2006 on compulsory civil liability for injuries caused by motor vehicles.

    After the adoption of the amendments, the insurer has obtained the right to submit action of recourse against the person responsible for the damages when this drove the vehicle without driving license or breaching the rules regarding the driving license (previously there was such possibility only when the person had driven the vehicle with no driving license of appropriate category). At the same time, the insurer of property of the injured person is obliged to invite at the process of injury finding the insurer of auto civil liability of the responsible person, proving this fact legally. Default of the auto civil liability insurer of the responsible person at the set time and place shall not impede the property insurer to state the injuries.

    Licensing of certain types of entrepreneurial activity On July 27, 2012 the Parliament made changes to Law No. 451 of July 30, 2001 on regulation by licensing of the entrepreneurial activity, increasing the cost of licenses for the most activities that require licensing with 30-60 percent. There were also increased the costs of the licenses for performance of the activity of insurance companies, savings and loan associations, exchange offices, offices of credit histories by introducing changes in the corresponding laws.

     

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