RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of October 19, 2017 No. 273

About change and amendment of Regulations about ownership of shares in the authorized capital of bank

Based on Item d) parts (1) Articles 5, parts (1) Articles 11, Item c) parts (1) Article 27 and Item and) article 44 of the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova (переопубликован in Monitorul Oficial al Republicii Moldova, 2015, Art. No. 297-300, 544), with subsequent changes and amendments, and Articles 15 - 15-8 and 40 Laws on financial institutions No. 550-XIII of July 21, 1995 (переопубликован in Monitorul Oficial al Republicii Moldova, 2011, 199), with subsequent changes and amendments, the Executive committee of National Bank of Moldova DECIDES: Art. No. 78-81,

1. In the Regulations about ownership of shares in the authorized capital of bank approved by the Resolution of Administrative board of National Bank of Moldova No. 127 of June 27, 2013 (Monitorul Oficial al Republicii Moldova, 2013, Art. No. 198-204, 1419),

with subsequent changes and amendments, registered in the Ministry of Justice of the Republic of Moldova on August 30, 2013 at number 937, to make the following changes and additions:

1) In all text of regulations after the text "financial institutions" to add with the text "No. 550-XIII of July 21, 1995", and "*" respectively to exclude symbol;

Item 1 to state 2) in the following edition:

"1. These regulations establish requirements in relation to ownership, acquisition, increase, alienation or decrease in equity interest of bank, receipt of bank shares as contribution to the authorized capital of person, to acquisition or subscription of the bank shares issued according to part provisions (3) article 156 of the Law on financial institutions No. 550-XIII of July 21, 1995, establishment of bank shares as subject of pledge, assessment procedure of potential acquirers and the acquiring persons who plan to own shares in the authorized capital of bank in the conditions of part (1) article 15 of the Law on financial institutions No. 550-XIII of July 21, 1995, and permanent monitoring of quality of shareholders of bank, and also to information and documents which shall be provided to National Bank of Moldova for this purpose.";

3) Item 3:

3) and 4) to state subitems in the following edition:

"3) Persons acting in coordination - persons determined by article 3 of the Law on financial institutions No. 550-XIII of July 21, 1995.

4) the Potential acquirer - any physical person or legal entity, association or group of persons, acting in coordination, registered as such or not which follow:

a) acquire, individually or as a part of group of cooperative persons, any method, directly or indirectly essential share in bank or increase the essential share so that the proportion of its voting powers or share in the authorized capital corresponded or exceeded 5%, 10%, 20%, 33% or 50% or so that the bank became its department, or;

b) acquire, individually or as a part of group of cooperative persons, any method essential share in bank to which part provisions (2) article 15 of the Law on financial institutions No. 550-XIII of July 21, 1995 extend, or;

c) accept bank shares which are essential share, as contribution to the authorized capital, or;

d) acquire bank shares or be signed on bank shares which are essential share, the parts issued according to provisions (3) statyi156 the Law on financial institutions No. 550-XIII of July 21, 1995"; add with the subitem 6) of the following content:

"6) the Acquiring person - any physical person or legal entity, association or group of the cooperative persons registered as such or not which follow:

a) acquire, individually or as a part of group of cooperative persons, any method share in the authorized capital of bank below essential to which part provisions (2) article 15 of the Law on financial institutions No. 550-XIII of July 21, 1995 extend, or;

b) accept bank shares which are add below essential, as contribution to the authorized capital, or;

c) acquire bank shares or be signed on bank shares which are add below essential, the parts issued according to provisions (3) article 156 of the Law on financial institutions No. 550-XIII of July 21, 1995.";

4) Item 4:

add with subitems 21) and 22) of the following content:

"21) any person cannot accept bank shares as contribution to the authorized capital;

22) any person, individually or as a part of group of cooperative persons, cannot acquire or be signed on the bank shares issued according to part provisions (3) article 156 of the Law on financial institutions

No. 550-XIII of July 21, 1995";

add with the new paragraph of the following content:

"For application of these regulations of the obligation, belonging to the potential acquirer / to the acquiring person / to the direct or indirect owner of share in the authorized capital of bank, treat also his vygodopriobretayushchy owner.";

"The potential acquirer shall" add 5) In Item 5 after the text with the text "/the acquiring person shall";

6) In Item 6:

"2)" to replace the text with the text "22)";

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