LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 2013 No. 324

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. - In the Law on entrepreneurship and the companies No. 845-XII of January 3, 1992 (Monitor of Parliament of the Republic of Moldova, 1994, No. 2, of the Art. 33), with subsequent changes, to make the following changes and additions:

1. In Item 1 of Article 7-1 change concerns only the text in state language.

2. In Article 10:

Item 6 after the words "product costs" to add with words "selling price of goods, property,";

in Item 7 of the word "within three days" shall be replaced with words "within three working days", and words of "adoption of the resolution" - words of "delivery of the decision";

to add Item 8 after the word "Neukazaniye" with the words "or incorrect specifying".

3. Add Article 12 with Item 5 of the following content:

"5. According to the appeal of law enforcement agencies based on the decrees issued during criminal prosecution the Financial inspectorate carries out financial and economic inspection of legal entities of the public law, the legal entities of private law and physical persons performing business activity on the questions specified in resolutions of law enforcement agencies.".

Art. II. - Article 73 of the Law on environmental protection 1515-XII of June 16, 1993 (1993, No. 10, the Art. 283), with subsequent changes, after words "waste and scrap of ferrous metals" to add the official monitor of the Republic of Moldova with words ", waste and scrap of primary elements, primary batteries and electric accumulators, the fulfilled primary elements, the fulfilled primary batteries and the fulfilled electric accumulators".

Art. III. - In the Law on the state company No. 146-XIII of June 16, 1994 (Official monitor of the Republic of Moldova, 1994, No. 2, of the Art. 9), with subsequent changes, to make the following changes and additions:

1. In part (4) Article 3 the word "lease" shall be replaced with words "lease, property employment or free use".

2. In Article 7:

part (2) after words of "Ministry of Economics", to add with words "the profile permanent commission of Parliament,";

part (to add 4) after words of "Ministry of Economics" with words ", the profile permanent commission of Parliament";

in part (words of "seven days" shall be replaced with words 7) "seven working days";

in part (8):

Item е) to state in the following edition:

"e) submits to the founder the report on financial and economic activities of the company, and also audit opinion;";

add part with Item j) the following content:

"j) makes decisions on ensuring transparency of procedures for procurement of property, the works and services intended both for covering of requirements and for providing material and technical resources and forming of the production program of the company.";

in part (the words "five days" shall be replaced with words 12) "five working days".

3. In Article 8:

Item е) to state in the following edition:

"e) provides carrying out financial records audit according to the decision of administrative board and signs the auditing contract with auditor society;";

add Article with the Items i-1) and i-2) of the following content:

"i-1) approves with administrative board of the decision on ensuring transparency of procedures for procurement of property, the works and services intended both for covering of requirements and for providing material and technical resources and forming of the production program of the company;

i-2) provides respect for the principle of transparency of procedures for procurement of property, the works and services intended both for covering of requirements and for providing material and technical resources and forming of the production program of the company;".

4. Add Article 11 with the offer:

"Providing material and technical resources and forming of the production program are performed on the basis of the principle of transparency of procurement procedures and efficiency of use of sources of financing.".

5. Add Article 13 with part (3-1) following of content:

"(3-1) Till June 30 (inclusive) the year following for reporting the company transfers the assignments added by results of activities in previous year into the government budget and submits territorial state tax authorities the report on the added assignments. Not entering into the government budget of the specified assignments constitutes at the scheduled time tax offense for which responsibility according to the Section V of the Tax code is provided.".

6. Add the law with Article 13-1 of the following content:

"Article 13-1. Audit

(1) Statutory audit of annual financial reports is booked at the companies which during the prior two consecutive accounting periods exceed limits of two of the following criteria:

- the authorized capital - 500,0 of one thousand lei;

- comprehensive income - 10000,0 of one thousand lei;

- the average number of workers in the accounting period - 100 people.

(2) the Ministry of Finance selects auditor societies for carrying out financial records audit of the companies and approves the list them with the subsequent determination of the sphere of powers.".

Art. IV. - In the Law on financial institutions No. 550-XIII of July 21, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2011, No. 7881, of the Art. 199), with subsequent changes to make the following changes and additions:

1. In Article 22:

part (to add 5) with the Item j-1) of the following content:

"j-1) at the request of the Ministry of Finance - for the purpose of implementation of powers on the accounts opened in banks by the public organizations financed from the national public budget;";

part (to add 7) with Item h) the following content:

"h) monthly provision to the Ministry of Finance of information on receipts, payments and balances in cash on the accounts opened in banks by the public organizations financed from the national public budget.".

2. In the name of Chapter V change concerns only the text in state language.

3. In Article 33:

in the name of Article change concerns only the text in state language;

in part (the words "to periodically constitute the reports reflecting them transactions and financial position according to the accepted accounting practice." shall be replaced with words 1) "constitute financial statements according to the legislation on financial accounting.";

part (to state 2) in the following edition:

"(2) Accounts and financial statements shall correspond to the Law on financial accounting No. 113-XVI of April 27, 2007 and to accounting standards. At the same time financial institutions shall observe requirements of National Bank for preparation of the financial reporting FINREP and creation of reports in the prudential purposes.";

in part (3) change concerns only the text in state language.

Art. V. - In article 1 of the Law on road fund No. 720-XIII of February 2, 1996 (repeated publication: The official monitor of the Republic of Moldova, 2010, No. 247251, of the Art. 753), with subsequent changes to make the following changes:

in Item a) parts (the words "and local highways public;" shall be replaced with words 1) ", provincial, utility highways public and streets;";

in part (the words "and local highways" shall be replaced with words 2) ", provincial, utility highways and streets".

Ст.VI. - In the Join-stock companies law No. 1134-XIII of April 2, 1997 (repeated publication: The official monitor of the Republic of Moldova, 2008, Art. No. 1-4, 1), with subsequent changes to make the following changes and additions:

1. Part (1) Article 1 after words "the rights and obligations of shareholders," to add with words "members of governing bodies and other officials of society,".

2. Item c) parts (2) articles 2 after words "privatizeable", to add with words "joint-stock company in which the share of the state exceeds 50 percent of the authorized capital,".

3. Add the law with Article 4-1 of the following content:

"Article 4-1. Obligations of societies with completely or mainly state capital

(1) Society independently develops the production program, proceeding from the signed sales agreements of products to consumers and need of social and production development of society.

(2) Society creates material and technical resources and buys the goods, works and services intended for covering of own requirements on commodity market and services. Providing material and technical resources and forming of the production program are performed on the basis of the principle of transparency of procurement procedures and efficiency of use of sources of financing.".

4. In part (4) Article 17 of the word "management or auditing organization of society." shall be replaced with words "management company or auditor society.".

5. In Item a) parts (Article 26 of the word "the auditing or other specialized organization which is not" shall be replaced with words 2) "the auditor society or other specialized organization which are not".

6. In part (Article 41 of the word "the auditing organization or other specialized organization which is not" shall be replaced with words 7) "the auditor society or other specialized organization which are not".

7. In part (Article 49 of the word "till July 1" shall be replaced with words 11) "till June 30 inclusive".

8. In part (3) Article 50:

in Item e) shall be replaced with words words of "auditing organization" "auditor society", and the word "its services;" - words "its services;";

in Items i) and j) shall be replaced with words the word of "profit" "net profit".

9. In Article 53:

in Item b) parts (2) words "auditing organization if it" shall be replaced with words "auditor society if it";

in Item b) parts (3) words "auditing organization if it" shall be replaced with words "auditor society if it";

in part (words of "auditing organization" shall be replaced with words 4) "auditor society".

10. In Item c) parts (2) Article 56 of the word of "auditing organization", shall be replaced with words "auditor society,".

11. In Article 65:

in Item j) parts (the word "or" shall be replaced with words 2) "and/or";

add Article with part (2-1) following of content:

"(2-1) Council of society with completely or mainly the state capital make the decision on providing material and technical resources and forming of the production program by use of the principle of transparency in the course of implementation of procedures for procurement of the goods, works and services intended for covering of requirements.".

12. Part (articles 66 after words of "three persons" to add 2) with words ", and in societies in which the share of the state exceeds 50 percent of the authorized capital, - at least five persons among whom representatives of the Ministry of Finance, Ministry of Economics, profile permanent commission of the Parliament and/or body given the right of management of public property and its privatizations.".

13. In Item d) parts (4) Article 68 of the word "auditing organization of society;" shall be replaced with words "auditor society;".

14. In Article 69:

in part (words", if necessary," to exclude 6);

add Article with part (8) the following content:

"(8) the Executive body of society provides execution of the decisions made by council of society with completely or mainly state capital on providing material and technical resources and forming of the production program by use of the principle of transparency in the course of implementation of procedures for procurement of the goods, works and services intended for covering of requirements.".

15. In Article 70:

in part (4) words "auditing organization of society." shall be replaced with words "to auditor society.";

in part (7) words "auditing organization of society." shall be replaced with words "auditor society.".

16. In part (Article 71 the word "state" to replace 2) in both cases with the words "государство/административно-территориальная unit", and at the end to add part with the words "or organizations subordinated to it and/or, if necessary, branch management of body of local public authority ".

17. In part (Article 72 of the word of "auditing organization" shall be replaced with words 8) to "auditor society", and at the end to add part with words ", about rendering services in execution of functions of the auditor or audit committee.".

18. In part (Article 74 the word "administrative" shall be replaced with words 1) "pravonarushitelny".

19. In Item a) parts (2) Article 86 of the word "auditing organization;" shall be replaced with words "auditor society;".

20. In part (Article 87 of the word of "auditing organization" shall be replaced with words 2) "auditor society".

21. In Article 89:

part (to state 1) in the following edition:

"(1) Statutory audit of annual financial reports is booked in the society corresponding to at least one of the criteria provided by part (2) Article 2. The Ministry of Finance selects auditor societies for carrying out financial records audit of societies in which the share of the state exceeds 50 percent of the authorized capital, and approves the list them with the subsequent determination of the sphere of powers.";

the prolog of part (to state 2) in the following edition:

"(2) the Requested audit of annual financial reports is booked on:";

part (to state 3) in the following edition:

"(3) Auditor society books audit of annual financial reports and other accompanying information according to the legislation on auditor activities and the auditing contract, constituting audit opinion based on its results.";

in part (4) words "Auditing organization" shall be replaced with words "Auditor society";

parts (5) and (to state 6) in the following edition:

"(5) Auditor society cannot be the affiliate of society, the registrar of society and its management company.

(6) Auditor society has no right to sign with society other agreements, except the auditing contract or the agreement on execution of functions of audit committee.";

in part (7) word "in the inspection statement and the conclusion constituted by auditing organization", shall be replaced with words "in the audit opinion constituted by auditor society".

22. In part (1) Article 92:

in Item d) words "managing and auditor organizations of society;" shall be replaced with words "management company and auditor society;";

in Item 1) of the word of "auditing organization" shall be replaced with words "auditor society,".

Art. VII. - In article 38 of the Law on public associations No. 837-XIII of May 17, 1996 (repeated publication: The official monitor of the Republic of Moldova, 2007, No. 153-156 BIS), with subsequent changes to make the following change and addition:

in part (2) the words "state financial and tax authorities." shall be replaced with words "bodies of financial control and tax administration.";

add Article with part (2-1) following of content:

"(2-1) According to the appeal of law enforcement agencies based on the decrees issued during criminal prosecution Financial inspection performs financial inspection of activities of public associations for the questions specified in resolutions of law enforcement agencies.".

Art. VIII. - In the subitem and) Item 37 of the Regulations on procedure for education and use of the road fund approved by the Resolution of Parliament No. 893XIII of June 26, 1996 (Official monitor of the Republic of Moldova, 1996, No. 57, Art. 557), with subsequent changes, shall be replaced with words the words "and local highways public." ", provincial, utility highways public and streets.".

Art. IX. - In the Tax code No. 1163-XIII of April 24, 1997 (repeated publication: The official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes to make the following changes and additions:

1. Add Article 3 with part (3-1) following of content:

"(3-1) In case of project development legislative and the regulations in the field of the taxation regulating business activity, the Government draws up the statement of the analysis of effects of regulation. According to the legislative initiatives provided by deputies the statement of the analysis of effects of regulation is drawn up by the Government in the course of approval according to the methodology approved by it.".

2. In Article 5:

28) to state Item in the following edition:

"28) the Fiscal code - the personal identification taxpayer number appropriated according to the procedure, established by this code. The state identification number assigned according to the legislation on registration of the companies and the organizations is recognized fiscal code from the date of issue of the certificate/decision on registration confirming identity of the state identification number and fiscal code.";

add Article with Items 41) and 42) of the following content:

"41) Tax year - calendar year which begins on January 1 and comes to the end on December 31.

42) the Certificate on assignment of fiscal code - the document confirming capture on tax accounting. The certificate/decision on registration confirming identity of the state identification number and fiscal code is recognized, from the date of its issue, also the certificate on assignment of fiscal code.".

3. Items m), p) and r) parts (6) Article 6 to recognize invalid.

4. Add Article 7 with part (3) the following content:

"(3) the List of the local taxes and charges, and also their limit affirm Parliament.".

5. Item b) parts (Article 8 to state 2) in the following edition:

"b) get registered in tax authority in the location determined by constituent (registration) documents and receive the certificate on assignment of fiscal code. This provision is not applied to persons for whom fiscal code is the state identification number.".

6. In Item and) to replace Articles of the 15th figure and the word "26700 lei" in both cases with figures and the word "27852 leu".

7. In Item h) Article 18 of the word", except for paid for benefit of physical persons" to exclude.

8. Item a) Article 19 to add with words ", and also payments of the expenses on journey, food and professional education of the worker incurred and determined by the employer according to the procedure, established by the Government.".

9. In Article 20:

in Item y) shall be replaced with words the words "and also from delivery of products of crop production and gardening in the natural form and products of livestock production in the natural form, live and lethal weight;" "and also the fulfilled electric accumulators;";

add Article with the Item y-1) of the following content:

"y-1) income gained by physical persons, except for individual entrepreneurs and peasant farms from sales of products of crop production and gardening in the natural form and products of livestock production in the natural form, live and lethal weight to other physical person, except for individual entrepreneurs and peasant farms;";

state the Item z-2) in the following edition:

"z-2) the money received from special funds and/or the financial resources received in the form of grants according to the programs approved by the Government, used according to their appointment;";

state the Item z-9) in the following edition:

"z-9) income from revaluation of fixed assets and other assets and recovery of losses from their impairment;";

add Article with the Items z-11) and z-12) of the following content:

"z-11) the income in the form of royalty of physical persons at the age of 60 years and more in the field of literature and art;

z-12) income gained from the international projects and grants promoting sustainable development of education and scientific research.".

10. In Article 24:

add Article with part (15-1) following contents:

"(15-1) the deduction of the expenses paid by the taxpayer within tax year in the form of fees of the financial resources connected with activities of labor unions Is allowed. The limit of deduction of these expenses constitutes 0,15 of percent of the salary fund.";

part (to add 18) after the words "from revaluation" with the words "and impairments";

add Article with part (19) the following content:

"(19) the deduction of the expenses on journey, food and professional education of the worker incurred and determined by the employer according to the procedure Is allowed, established by the Government.".

11. Add Article 27 with part (12) the following content:

"(12) the deduction of depreciation of fixed assets, received gratuitously Is allowed, except cases when their cost is included in the free income of the taxpayer.".

12. Part (Article 31 to state 6) in the following edition:

"(6) the deduction of the reserves intended for covering of the debt obligations connected with not recovery of leasing payments and percentage charges at the rate to 5 percent of annual average remaining balance of debt obligations on agreements of leasing is allowed to Leasing companies if obligations are outstanding person which is not the affiliate of the taxpayer.".

13. In Article 33:

in part (figures "9120" to replace 1) with figures "9516";

in part (figures "13560" to replace 2) with figures "14148".

14. In Article 34:

in part (figures "9120" to replace 1) with figures "9516";

in part (figures "13560" to replace 2) with figures "14148".

15. In Article 35:

in part (figures and the word "2040 lei" to replace 1) with figures and the word "2124 leu", and figures "9120" - figures "9516";

in part (2):

Item b) to declare invalid;

in Item d) the word "income" shall be replaced with words "taxable income", and figures "9120" - figures "9516".

16. In Item c) parts (2) Article 37 of the word", implemented at the price exceeding its corrected cost basis" to exclude.

17. In part (Article 38 of the word "At the discretion of the Taxpayer Such Cost Can Be Determined as the Corrected Cost Basis of Capital Assets Increased by the Coefficient Approved by the Government Corresponding to Year of Their Acquisition." to exclude 3).

18. In Article 44:

part (to state 1) in the following edition:

"(1) If other is not provided, then the following accounting methods are used:

a) for the physical persons which are not performing business activity - cash method of accounting;

b) for the physical persons performing business activity - cash method of accounting or method of charges;

c) for legal entities - method of charges.";

in part (the words "Under Cash Method" shall be replaced with words 2) "Under cash method of accounting";

in part (3) change concerns only the text in state language;

in part (5) changes concern only the text in state language;

in part (6) words State Tax Administration shall be replaced with words "tax authority";

add Article with part (10) the following content:

"(10) the Difference received as a result of transition to the National accounting standards operating since January 1, 2014 is not recognized for tax purposes.".

19. In Article 52:

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