LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2025 No. 189

About modification of some regulations (strengthening of basis of consumer protection of financial services)

The Parliament adopts this organic law.

Art. I. - In the Law on the National commission on the financial market No. 192/1998 (repeated publication: The official monitor of the Republic of Moldova, 2007, No. 117-126BIS), with subsequent changes to make the following changes:

1. In all text of the law of the word "on the official web page" shall be replaced with words "on the official website".

2. In Article 4:

parts (2-1) and (2-2) to state in the following edition:

"(2-1) Subjects of the relations connected with regulation, supervision and control in the field of consumer protection are:

a) professional participants;

b) professional participants of the insurance market and broker assistants in value of the Law on insurance and reinsurance activity No. 92/2022;

c) non-bank credit institutions;

d) the banks, departments created in the territory of the Republic of Moldova by banks of other states, operating according to the Law on activities of banks No. 202/2017;

e) the payment service providers specified in Items b) - d) parts (1) article 5 of the Law on payment services and electronic money No. 114/2012, their agents, and also the organizations on currency exchange specified in Items b) and c) parts (2) article 41 of the Law on currency control No. 62/2008;

f) savings and loan associations;

g) cessionaries of the requirements following from credit agreements or from contracts of leasing with option of acquisition of property right;

h) credit intermediaries.

(2-2) National commission perform powers on regulation, supervision and control in the limits provided by the Law on compulsory third party car insurance for the damage caused by vehicles, No. 106/2022, which extend to all subjects of the legal relationship following from agreements of compulsory third party car insurance for the damage caused as a result of transport incidents.";

add Article with part (2-4) following of content:

"(2-4) Powers of the National commission on regulation, supervision and control in the field of consumer protection extend respectively to subjects who had the status provided by part earlier (2-1), before accomplishment of all obligations or before implementation of all rights concerning consumers.".

3. In Article 6:

in Item h) parts (1):

paragraphs two and the ninth to state in the following edition:

"-payments of the insurance companies in the amount up to 0,3 of percent added annual gross - awards on category of general insurance;";

"-payments of the payment service providers specified in Items b) - d) parts (1) article 5 of the Law on payment services and electronic money No. 114/2012, of the organizations on currency exchange specified in Items b) and c) parts (2) article 41 of the Law on currency control No. 62/2008, in the amount up to 0,1 of percent of annual value of the income from provision of services;";

add Item with the paragraph of the following content:

"-payments of savings and loan associations in the amount up to 0,05 of percent of annual average cost of remaining balance of the loans granted members - to physical persons on the consumer purposes;";

add Article with part (1-2) following contents:

"(1-2) If the amount of charges and payments of the National commission the next year was not approved in time, provided by part (11), for the reasons which are not depending on Administrative board, the specified charges and payments continue to be levied in the amount of, applied in previous year.".

4. In Article 8:

in Item b) words "Items b) - e) speak rapidly parts (4," shall be replaced with words 2-1) Articles "Items b) - h) (2-1) Articles 4,";

in Item c) shall be replaced with words the words "and also issues permissions to their reorganization" "approves the status of the allowed person, the authorized agent and provides the status of the investment consultant";

add Article with Item with 2) of the following content:

"with 2) issues permissions to reorganization to issuers, and also the conclusions on reorganization to the organizations of alternative collective investment and societies for investment management;";

to add the Item f 1) after the words "control actions" with words ", including in the form of test purchase,", words "Items b) - e) speak rapidly parts (4," shall be replaced with words 2-1) Articles "Items b) - h) (2-1) Articles 4,";

in Item i) words "Items b) - e) speak rapidly parts (4," shall be replaced with words 2-1) Articles "Items b) - h) (2-1) Articles 4,";

Item q) to add with the words "and optional pension funds";

in Item t) words "persons under surveillance of subjects." shall be replaced with words "the members of the non-bank financial market and subjects provided by part (2-1) Articles 4.".

5. Add the law with Articles 8-1 and 8-2 of the following content:

"Art. 8-1. - (1) for the purposes of the Item f 1) of article 8 test purchase is conducted according to the regulation of the National commission adopted according to part provisions (12) Article 9, through the means intended for this purpose and provided in the budget of the National commission.

(2) the Means used during the operations performed by the staff of the National commission who conducted test purchase return the National commission in full, without deduction of any costs.

(3) In departure from part provisions (4) Article 26 of the Marine life protection act of the rights of consumers No. 105/2003 the material values used during test purchase return to the checked subject.

(4) in case of registration of the credit for the purpose of carrying out test purchase to professional only the total amount of the credit or - in case of credit line - originally transferred amount returns. Return of the amounts by the National commission is performed during the limited term which cannot exceed two working days from date of test purchase. The credit agreements provided with mortgage are excluded from test purchase.

(5) as proofs of the facts taking place during test purchase photos, audio-and the videos executed by the staff of the National commission and/or on circumstances of the explanation of the representative of the checked subject can serve.

Art. 8-2. - (1) for the purposes of the Item q 1) of Article 8 the National commission within the competences considers petitions according to the procedure and in the terms established by the Administrative code.

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