LAW OF THE REPUBLIC OF MOLDOVA

of July 25, 2014 No. 180

About modification and amendments in some legal acts

This organic law is adopted based on provisions of article 106-1 of the Constitution by acceptance on itself the Government of responsibility to Parliament.

Art. I. – In the Law on financial institutions No. 550-XIII of July 21, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2011, Art. No. 78-81, 199), with subsequent changes and amendments to make the following changes and additions:

1. In Article 3:

"exceeded" the concept "potential acquirer" after the word to add with figures "5, 10";

in the concept "essential share" to replace figure "5" with figure "1".

2. In Item d) parts (Article 6 the word "five" to replace 1) with the word "one".

3. In Item f) parts (1) Article 10 and in Article 16 "considerable" to replace the word with syntagma of "25 and more percent".

4. Part (Article 15 to state 1) in the following edition:

"(1) Without preliminary written permission of National Bank:

a) any potential acquirer cannot acquire by any method essential share in the authorized capital of bank or increase the essential share so that the proportion of its voting powers or share in the authorized capital corresponded or exceeded 5, 10, 20, 33 or 50 percent or so that the bank became its department;

b) any person individually or as a part of group of cooperative persons cannot acquire by any method share in the authorized capital bank to whom part provisions extend (2);

c) any owner of the authorized capital of bank cannot bring as contribution to the authorized capital of the commercial organization of the bank share".

5. Add Article 15-2 with part (1-1) following contents:

"(11) For receipt of the permission provided in Items b) and c) parts (1) Articles 15, person, except for the potential acquirer, provides the relevant documents and information according to regulations of National Bank which are subject to consideration in the terms specified in parts (3) - (9). In case of acquisition of share in the authorized capital of bank the main is lower, in case of assessment of person the National Bank takes into account provisions of Items and), e) and f) parts (1), parts (2) - (4), (6) and (7) Article 15-3".

6. In Article 15-4 and part (1) articles 15-5 figure "5" to replace with figures "1, 5, 10".

7. In part (4) Article 24 and in part (Article 37 of the word "essential share" and respectively "essential share" to replace 2) with syntagma of "5 and more percent".

8. In Article 28:

in Item a) parts (figures "15" to replace 7) with figure "5";

part (to add 8) after words of "legal entities" with words ", except for banks;

part (to recognize 9) invalid.

9. In Article 31:

in part (1) the words "with essential share" to replace with syntagma "the having 5 and more percent";

in part (the words "in which the bank has essential share" shall be replaced with words 2) "over which the bank exercises control".

10. Part (Article 33 to add 2) at the end with the following offer: "The head of executive body and members of council bear responsibility for accuracy and reliability of the reports submitted to National Bank according to the specified requirements".

Art. II. – Article 8 of the Law on pledge No. 449-XV of July 30, 2001 (2001, No. 120, Art. 863), with subsequent changes and amendments, to add the official monitor of the Republic of Moldova with part (5-1) following contents:

"(5-1) Essential share fraction of banks of the Republic of Moldova can be subject to pledge only in the presence of prior consent of National Bank of Moldova".

Art. III. – In the Criminal code of the Republic of Moldova No. 985-XV of April 18, 2002 (repeated publication: The official monitor of the Republic of Moldova, 2009, Art. No. 72-74, 195), with subsequent changes and amendments to make the following changes and additions:

1. Add the code with Article 134-13 of the following content:

"Article 134-13. Administrator of bank

Under the administrator of bank in the context of part (2-1) Articles 191, parts (3) Articles 197, parts 2 of Article 239-1 and Article 239-2 understand person determined according to the Law on financial institutions No. 550-XII of July 21, 1995".

2. In Article 191:

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

"(2-1) Plunder of alien property committed by the administrator of bank

it is punished by penalty in the amount of 1000 to 2000 conventional units or imprisonment from 3 to 7 years, with deprivation in both cases, the rights to hold certain positions or to be engaged in certain activities for a period of up to 5 years.";

in part disposition (3) syntagma "parts (1) or (" to replace 2) with syntagma "parts (1) - (2-1)";

in disposition of parts (4) and (5) syntagma "parts (1), (2) or (" to replace 3) with syntagma "parts (1) - (2-1) or (3)".

3. Add Article 197 with part (3) the following content:

"(3) Destruction or waste of property of bank by his administrator in the course of administration

it is punished by penalty in the amount of 500 to 1000 conventional units or imprisonment up to 5 years, in each case with deprivation or without deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to 8 years".

4. State Articles 238 and 239 in the following edition:

"Article 238. Receipt of the credit, the loan or insurance compensation / benefit by deception

(1) the Intentional representation of false information for the purpose of receipt of the credit, the loan or insurance compensation / benefit or increase in their amounts or receipt of the credit or the loan on favorable terms which entailed causing to financial institution, the non-bank financial organization, savings and loan association or the insurer of damage in the amount of 500 or more conventional units

it is punished by penalty in the amount of 1500 to 3000 conventional units or imprisonment for a period of 2 up to 6 years, and the legal entity is punished by penalty in the amount of 1000 to 3000 conventional units with deprivation of the right to be engaged in certain activities.

(2) the same actions if they caused damage in especially large sizes,

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