LAW OF THE REPUBLIC OF MOLDOVA

of November 11, 2021 No. 175

About modification of some regulations

The Parliament adopts this organic law.

Art. I. - In all text of the Law on identification documents of national passport system No. 273/1994 (Official monitor of the Republic of Moldova, 1995, No. 9, Art. 89), with subsequent changes, to exclude the words "and the automated accounting in the State register of the population" and "and from the automated accounting in the State register of the population".

Art. II. - Part (4) Article 31 of the Join-stock companies law No. 1134/1997 (repeated publication: 2020, 341) to state the official monitor of the Republic of Moldova to Art. No. 372-382, in the following edition:

"(4) the Foundation agreement is constituted in state language and is signed by all founders.".

Art. III. - In the Law on the inventory of real estate No. 1543/1998 (repeated publication: The official monitor of the Republic of Moldova, 2021, Art. No. 88-95, 79) to make the following changes:

1. In Article 20:

part (to state 6) in the following edition:

"(6) Electronic cadastral case contains the electronic documents signed by the strengthened qualified digital signature owners, the parties of the document or its originators and/or scanned copies of the documents necessary for registration, or other cadastral documents with confirmation of authenticity of copies the strengthened qualified digital signature (further - the digital signature) the registrar or other authorized person having competence to constitute and include documents in cadastral case.";

in part (7) word "in writing", shall be replaced with words "in writing on paper or in the form of the electronic document,";

part (to add 8) with the offer:

"Cadastral cases are constituted and conducted mainly in electronic format.".

2. In Article 26:

part (to add 1) with the text:

"The statement for registration and documents attached to it are filed on paper or by means of electronic means of communication. In the latter case the statement for registration and documents attached to it are filed in the form of electronic documents.";

part ("agreement parties" to add 2) after words with the words "or one of the parties if the relevant agreement has form of an electronic document on which all parties signing the agreement put down the digital signature.";

part (6-1) to state in the following edition:

"(6-1) in case of cadastral business which are run in electronic format the statement for registration and documents attached to it submitted on paper return to the applicant, except for provided by part (7) Article 20. Cadastral case which is processed in electronic format join scanned copies of the documents submitted on paper with confirmation of authenticity of copies the digital signature of the registrar, or the original copies of electronic documents given by the applicant.".

3. In part (2) Article 29 the last offer to state in the following edition:

"In case of cadastral case which is processed in electronic format notarially certified transactions and acts of bodies of the public power move in one copy in the original, in electronic form or on paper, or in the certified copy.".

4. Part (to state 5-1) Articles 36 in the following edition:

"(5-1) Depending on the form specified in the statement the statement from the real estate register and the certificate of entries in the real estate register are issued in electronic form, on paper or in both forms.".

Art. IV. - In the Law on information science No. 1069/2000 (Official monitor of the Republic of Moldova, 2001, Art. No. 73-74, 547), with subsequent changes, to make the following changes:

1. In article 2 of the concept "personal data", "personalized data" and "electronic document" to exclude.

2. Recognize Article 26 invalid.

Art. V. - In the Civil code of the Republic of Moldova No. 1107/2002 (repeated publication: The official monitor of the Republic of Moldova, 2019, Art. No. 66-75, 132), with subsequent changes to make the following changes:

1. In part (Article 227 of the word "and signature" to exclude 3).

2. In part (Article 246 of the word "notarially certified" to exclude 1).

3. In part (2) Article 248 of the word "certificates of the constituent document, unitholders of economic partnership or society" shall be replaced with words "approvals of the constituent document by all unitholders of economic partnership or society who are his founders, they".

4. Item a) parts (Article 249 to state 2) in the following edition:

"a) the constituent document is absent;".

5. In part (1) Article 316 of the word "electronically", to exclude.

6. In Article 318:

in part (the words "Transaction" shall be replaced with words 1) "The written / notarially certified transaction";

part (to state 3) in the following edition:

"(3) the Written transaction is made electronically if it is signed by the strengthened qualified digital signature of person who made the transaction if the agreement of the parties or the law do not provide the requirement of use of other type of the digital signature.".

7. Part (Article 321 after the word "telephone messages" to add 2) with words ", electronic documents".

Art. VI. - Item a) parts (6) Article 33-3 of the Marine life protection act of the rights of consumers No. 105/2003 (repeated publication: 2011, Art. No. 176-181, 513), with subsequent changes to declare the official monitor of the Republic of Moldova invalid.

Art. VII. - In the Labor code of the Republic of Moldova No. 154/2003 (Official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes, to make the following changes:

1. Add Article 1 with the concepts "written form" and "confirmation of the obtaining/notification" of the following content:

"written form - information (the certificate, the document, the agreement, another) displayed by letters, figures, graphical symbols on paper or in electronic format; the text written with own hand on paper; information faxed or with use of other means of communication, including electronic, allowing reading of information;

confirmation of the obtaining/notification - the obtaining/notification is considered confirmed after accomplishment of at least one of the following conditions, depending on what will be executed from them earlier:

a) transfer of the notification to the receiver;

b) transfer of the notification to the postal address specified by the receiver for this purpose or, in case of its absence, in the location of the receiver legal entity or at the place of residence of the receiver physical person;

c) transfer of the notification e-mail or other individual means of communication when the receiver can get access to it, including according to stipulated by the legislation rules of sending and receipt of the electronic document;

d) provision of the notification to the receiver by any other method in that place and thus which will provide to the receiver the best possibility of immediate access.".

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