of November 11, 2021 No. 174
About the mechanism of consideration of investments, significant for state security
The Parliament adopts this organic law.
This law partially shifts Regulations of the European parliament and Council (EU) 2019/452 of March 19, 2019 about establishment of legal framework for check of direct foreign investments in the Union published in the Official magazine of the European Union by L 79 I of March 21, 2019, CELEX: 32019R0452.
(1) This law establishes conditions under which investors can perform investing activities in areas, significant for state security, powers and mechanisms of the state supervision of the related investing activities. Provisions of the Law on the state control of business activity No. 131/2012 do not extend to the mechanisms of the state control and supervision of investing activities falling under action of provisions of this law.
(2) the Purpose of this law is protection of investments, areas, performed in significant for state security, and increase in transparency of investments, significant for state security.
For the purpose of this law the following basic concepts are used:
the vygodopriobretayushchy owner - the owner in the value determined in article 5-2 of the Law on the prevention and anti-money laundering and terrorism No. 308/2017 financing;
control - situation in which the physical person or legal entity corresponds to at least one of the conditions provided by part (3) Article 203 of the Civil code No. 1107/2002, and also situation provided by part (4) the same Article;
the indirect owner / acquirer - person, including the vygodopriobretayushchy owner who is owning/acquiring share in the authorized capital of the legal entity by means of other person over whom exercises control;
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