Question of the day

In accordance with Law No 175, published in the Official Gazette on 11.11.2021, amendments were made to Law No 160/2011 on the regulation by authorisation of entrepreneurial activity and Law No 220/2007 on the state registration of legal persons and sole traders.

In Law No 160/2011, the provisions Article 6 on the issuing of the permissive actthe following paragraphs have been added:

‘(23) In all cases, the permissive act and/or its duplicate shall be issued as an electronic document sent to the electronic address indicated by the applicant or issued through the government electronic notification service. In cases where the issuance of the original of the permissive act in paper form is requested by the applicant or expressly required by the law governing the legal regime of that permissive act or by an international treaty/agreement, an electronic copy or, where appropriate, an official confirmation in electronic form of the issuance of the permissive act will be issued in addition to the issuance of the paper document.

(24) The issuing authority may not require confirmation of the receipt or service of the permissive document by hand signature in the authority’s schedule or register, or by any type of document in paper form, if the issuing of the permissive document in paper form has not been requested or required by law.

And in Annex 1, under the compartment “II. Permitted acts falling within the category of authorisations”heading 73 is excluded.

In accordance with the above-mentioned law, the following amendments to Law nr.220/2007 can be mentioned:

At the time of the state registration of legal persons, a new content of the following documents was established:

a) the application for registration, signed by the founder designated by the decision of constitution or, as the case may be, signed by another person empowered by the decision of constitution. The template for the application for registration, together with the instructions for completing the application, shall be approved by the State registration body and published on its official website. Where the legal person intends to carry on business in a regulated area, the application for registration shall declare on its honour the possession of the prior opinion/approval of the competent authority on its establishment;

the decision on the constitution and the instruments of constitution of the legal person, depending on the legal form of organisation, approved by all founding associations;

In the context of the same Article 7the content shall be supplemented by paragraph11) and (5):

‘(11If, for the registration of a legal person, the law requires the possession of a prior opinion or approval from the competent public authority, the State registration body shall verify the possession of the opinion or approval by the automated exchange of data with the respective issuing authority.’

‘(5) the processing by the State registration body of the application for registration shall take place after the applicant has paid the registration fee. The State registration body shall consider the registration fee to have been paid as soon as it has been paid, which shall be communicated by the Government Electronic Payments Service by means of a full payment notification.’

Article 9 (7) is supplemented by a sentence: ‘Where the documents for State registration are submitted by the applicant in accordance with Article 8 (1) (a) or (c), the applicant shall verify the availability of the name until the documents are actually submitted.’

New paragraph (24) Article 34 reads as follows: ‘The copies of decisions adopted by the State registration body, as well as the information in the State Register, shall be issued in all cases in electronic form, in compliance, where applicable, with the provisions of Law No 91/2014 on electronic signature and electronic document, except in cases where the issuance of the original of the document in paper form is requested by the applicant or required by the provisions of the legislative acts.’

In parallel, a number of articles aligned with the articles of the law are repealed, but the content of the annex to the law will also have a new content.

The above-mentioned amendments will enter into force on 10 January 2022.

Source: contabilsef.md