LAW OF THE REPUBLIC OF MOLDOVA

of July 28, 2022 No. 235

About modification of the Law on entrepreneurship and the companies No. 845/1992

The Parliament adopts this organic law.

Art. I. - The law on entrepreneurship and the companies No. 845/1992 (1994, No. 2, Art. 33), with subsequent changes, to add the monitor of Parliament of the Republic of Moldova with Chapter VI-2 of the following content:

"Chapter VI-2 the Company with the status of fiscal monopoly

Article 36-6. The company with the status of fiscal monopoly

1. The status of fiscal monopoly allocates the company or group of companies for implementation of exclusively economic activity connected with goods, services, group of goods or services for the purpose of income acquisition for the state.

2. The status of fiscal monopoly allocates only the legal entity with completely or mainly state capital. As soon as the share of the state capital becomes minority, the company loses the status of fiscal monopoly and all exclusive rights granted by the status of fiscal monopoly are recognized invalid.

Article 36-7. Conditions of investment of the company or group of companies with the status of fiscal monopoly

1. The subjects specified in Item 2 of Article 36-6, which correspond to the following conditions can receive the status of fiscal monopoly:

a) perform economic activity for which establishment of fiscal monopoly is recognized necessary and which is not minor or auxiliary in relation to the main activities;

b) have technical capabilities, the equipment and apply advanced technologies during implementation of economic activity for which establishment of fiscal monopoly is recognized necessary.

2. At the enterprise level or groups of companies with the status of fiscal monopoly:

a) the mechanisms established by the Government and conditions of implementation of economic activity for the purpose of ensuring efficiency of internal and external management and monitoring are used;

b) strict observance of the tax legislation is provided;

c) achievement of main objective of income acquisition for the state and the minor purposes in the social, nature protection area or other area which is of public interest is provided.

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