The Parliament of the Republic of Moldova introduced certain amendments and additions to the “Monitorul Oficial,” specifically to the Law on State Registration of Legal Entities and Individual Entrepreneurs No. 220-XVI of October 19, 2007, which were published in the “Monitorul Oficial” on June 10, 2016.
Thus, for the 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).
In the previous interpretation of this clause, an extract from the national register of the investor’s country of residence was required.
Amendments to the law have also been made to the article on the Registration of branches and representative offices of legal entities (Article 12).
To register a branch or representative office, it is necessary to submit two copies of the regulations on the branch or representative office, with mandatory indication of the following data: the location of the branch or representative office (postal address, telephone/fax, email address); its types of activities; the name of the legal entity and its legal form, as well as the name of the branch or representative office, if it differs from the name of the legal entity; the surname and first name of the person who will perform the management functions of the branch or representative office; the powers of the person who will perform the management functions of the branch or representative office.
According to the new additions, the indication of data on the branch and representative office is mandatory, which was not necessary before.Foreign legal entities, when registering branches or representative offices, according to the new regulations, must provide an additional package of documents, namely the regulations on the branch or representative office (paragraph a), which must specify: the location (postal address, telephone/fax, email address), the types of activities of the 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; the organizational and legal form of the foreign legal entity, its location, types of activities, and the amount of the authorized capital, if this information is not specified in the founding 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 first name of the person who will perform the function of managing the branch or representative office and their powers, as well as the surname and first name of the administrator of the foreign investor.
Also, the required package of documents for registering branches or representative offices includes a copy of the founding document of the foreign legal entity, translated into the state language and certified by a notary, and the financial report of the foreign investor for the last reporting period.