LAW OF THE REPUBLIC OF MOLDOVA

of December 26, 2024 No. 313

About modification of the Insolvency act No. 149/2012

The Parliament adopts this organic law.

Single Article. – In the Insolvency act No. 149/2012 (Official monitor of the Republic of Moldova, 2012, Art. No. 193-197, 663), with subsequent changes, to make the following changes:

1. In Article 2:

in the concept "insolvency" after the words "in case" to add with words "availability at the debtor of debt to one creditor in the amount of, exceeding 10 average salaries on economy, and";

in the concept "debit weight" the second offer to exclude.

2. Add Article 5 with part (10) the following content:

"(10) in case of filing of application about case referral which is subject to permission higher degree of jurisdiction according to part provisions (4) Article 43 of the Code of civil procedure No. 225/2003, go to the specified instance in the form of the copies certified by the degree of jurisdiction considering insolvency matter, only the acts concerning permission of the statement for case referral. Consideration of the application about case referral does not influence continuity of judicial session, however judicial debate is postponed until permission of the statement for case referral.".

3. In part (Article 8 of the word "go to higher instance" shall be replaced with words 4) "from the date of its giving in higher instance go to five-day time".

4. Part (Article 14 to state 3) in the following edition:

"(3) the Debtor shall submit the action for declaration irrespective of the size of requirements which completion date came. The action for declaration is submitted by the debtor without delay, but not later than after 30 days from the date of emergence of the bases provided by part (2) this Article and part (2) Article 10.".

5. Add Article 18 with part (4) the following content:

"(4) the Creditor can submit the action for declaration only after exhaustion of all feasible measures on collection of the requirement according to the procedure of preliminary production, including within mediation process.".

6. In Article 19:

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