Law on State Registration of Legal Entities and Individual Entrepreneurs

The Parliament of the Republic of Moldova made some changes and additions to the Monitorul Oficial, namely Law on State Registration of Legal Entities and Individual Entrepreneurs No. 220-XVI of October 19, 2007, which were published in Monitorul Oficial on June 10, 2016.

Thus, for state registration of legal entities with foreign investments it is necessary to provide a translated and notarized extract from the register in which the legal entity is registered (Chapter 2, Article 7).

The old interpretation of this paragraph required an extract from the national register of the investor's country of residence.

Additions to the law have also been made to the article on Registration of branches and representative offices of legal entities (Article 12).

In order to register a branch or representative office, it is necessary to provide two copies of the regulation on the branch or representative office with the obligatory indication of the following data: location of the branch or representative office (postal address, telephone/fax, e-mail address); types of its activity; the name of the legal entity and its organizational and legal form, as well as the name of the branch or representative office, if it differs from the name of the legal entity; surname and name of the person who will perform the functions of managing the branch or representative office; the authority of the person who will exercise the functions of managing the branch or representative office.

According to the new additions, the indication of information about the branch and representative office is mandatory, which was not necessary before.

For foreign legal entities, in order to register branches or representative offices, according to innovations, it is necessary to provide an additional package of documents, namely the regulation on a branch or representative office (paragraph a), where it will be necessary to indicate: location (postal address, telephone / fax, e-mail address), types activities of a branch or representative office; a note on the legislation of the state under which the foreign investor falls; a translated and notarized extract from the register in which it is registered, as well as its registration number; organizational and legal form of a foreign legal entity, its location, types of activities, as well as the amount of the authorized capital, if this information is not specified in the constituent document; the name of the foreign legal entity and the name of the branch or representative office, if it differs from the name of the foreign investor; the surname and name of the person who will perform the function of managing the branch or representative office and his powers, as well as the surname and name of the administrator of the foreign investor.

Also, the required package of documents for registration of branches or representative offices includes a copy of the constituent document of a foreign legal entity, translated into the state language and certified by a notary, and a financial statement of a foreign investor for the last reporting period.