The entrepreneur's patent is issued and renewed by the subdivisions of the State Fiscal Service within whose jurisdiction the applicant/holder resides or intends to conduct business, in accordance with Law No. 93/1998, Law No. 231/2010, and Annex No. 1 to Law No. 160/2011.

The patent will be issued within 3 days from the date of application submission, accompanied by the necessary documents, including proof of payment of the patent fee for the entire requested period of activity (from one month to 12 months). Bank details must be obtained in advance from the subdivision of the State Fiscal Service.

The patent may be issued by the municipality where the applicant intends to conduct business under the patent if there is no State Fiscal Service subdivision located in that locality, and it is valid only within the territory administered by the issuing municipality.

If, according to Law No. 231/2010, notification to the local public administration authority is required for the types of activities listed in the annex to Law No. 93/1998, such activities shall be carried out after such notification has been submitted.

The following information is to be completed in the patent application:
               1. Applicant's first name, last name, and address;
               2. Type of entrepreneurial activity for which the patent issuance or renewal is requested;
               3. Patent duration;
               4. Type of means of transport and its registration number, if the means of transport will be used in the mentioned activity.

A copy of the diploma or other document confirming the level of qualification required for the respective activity, as well as documents confirming previous work experience, must be attached to the patent application submitted for the types of activities listed in the annex to Law No. 93/1998.

The patent is authenticated by the signature of the issuing authority's head and stamped.

A natural person conducting business under the entrepreneur's patent is an entrepreneur and cannot enter into an individual labor contract (Article 13 para. 2 of Law No. 845/1992, correlated with Article 1 and Article 45 of the Labor Code).

Applications for obtaining or renewing the patent can be submitted:
             1. Online, by authenticating the user in the "Personal Taxpayer Cabinet" within the official website www.sfs.md and accessing the "e-Request" service, the "Entrepreneur Patent Management" module;
             2. Or physically, at the service desk of the Tax Service Department within the taxpayer's service area.

Upon request, the following documents are attached:
             1. Copy of diploma or other document regarding studies and/or previous work experience, confirming the level of qualification necessary for the types of activities mentioned at positions: 2.5, 2.6, 2.12, 2.13, 2.14, 2.15, 2.16, 2.49, 2.52, 2.53 in the annex to Law No. 93/1998;
             2. Document confirming payment of the patent fee, corresponding to the validity period of the patent (for a duration not less than one month and not more than 12 months);
             3. Power of attorney of the representative of the applicant/holder of the entrepreneur's patent - if the application is submitted through an authorized representative by law or legal act;
             4. Additionally, for the type of activity mentioned at position 2.53 in the annex to Law No. 93/1998: - copy of the extract from the real estate register or, as the case may be, from the lease agreement of the room/construction to be used in the respective activity; - self-declaration that they do not reside with persons who have been convicted of intentionally committing a crime or misdemeanor against freedom, honor, and dignity;
              5. In the case of the type of activity mentioned at position 2.50 - copy of the extract from the real estate register or from the register of household records related to the rural house to be used in the respective activity;
              6. In the case of the types of activities mentioned at positions 2.52 and 2.53 in the annex to Law No. 93/1998: - criminal and contravention record; - self-declaration that they have not been deprived of parental rights by a final court decision; - medical conclusion for admission to child care services, issued by the family doctor according to the form approved by the Ministry of Health (medical certificate-form no. 086/e);
              7. Two 3x4 photos;
              8. Documents confirming the status of insured person in the compulsory health insurance system or documents confirming exemption from paying the contribution (Certificate - approved and issued model by the territorial agencies of CNAM);
              9. Confirmatory documents of payment of the state social insurance contribution for the entire period requested for carrying out the activity under the entrepreneur's patent or documents confirming exemption from paying the contribution (Record sheet of the contribution transferred to the state social insurance budget by the holders of the entrepreneur's patent). Documents confirming exemption from paying the contribution, in the case of pensioners and disabled persons, consist of a copy of the pension or disability card, and in the case of employed persons - a certificate confirming their insurance under the public social insurance system, issued by the employer).
             10. In the case of a request to renew the patent, the original patent is attached (if its validity has not ceased in case the patent duration is not extended within 12 consecutive months from the date of its suspension for non-payment of the patent fee).

The patent can be received at the service desk of the Tax Service Department within the taxpayer's service area or (if it issues it) at the municipality. It can be:
             1. Changed (if the holder has changed their name and/or surname, domicile, or place of business indicated in the patent) or
             2. Restored (if the patent has been lost or destroyed).

Important! Business activities under the entrepreneur's patent are allowed provided that the sales income of the patent holder does not exceed 300,000 lei in a period of 12 consecutive months.

The tax imposition on the patent holder is carried out in the form of a patent fee, which includes taxes for natural resources, the tax for commercial and/or service units, and the tax for territorial planning.

In order to obtain the status of individual entrepreneur, an individual with full legal capacity, citizen of the Republic of Moldova, foreign citizen or stateless person, resident of the Republic of Moldova, who wishes to practice entrepreneurial activity, in his own name and at his own risk, without constituting a legal entity, is required to go through the state registration at the state registration body in the manner and within the period established by Law No 220/2007.

The individual entrepreneur presents himself in civil legal relations as an individual, but the rules governing the activity of profit-making legal entities apply to his entrepreneurial activity, unless the law indicate otherwise. A sole trader is entitled to engage in any activity not prohibited by law.

For the state registration of the individual entrepreneur, the following documents must be submitted:

1. application for registration, according to the model approved by the state registration body;

2. identity card of the founder;

3. information about the beneficiary/beneficiaries, in accordance with Law no.308/2017;

4. document confirming payment of the registration fee (to be paid to the state registration body via MPay or bank transfer).

At the state registration the identity and capacity of the individual is verified.

State registration of the individual entrepreneur is not allowed if:

1. the individual is already registered as a sole trader;

2. the individual is deprived by a court decision of the right to engage in entrepreneurial activity;

3. if enterprises have been previously registered in the person's name which are not functioning and have not been liquidated in the manner prescribed by law or which are in debt to the national public budget.

The deadlines and fees for registration are posted on the website of the state registration body.

Of course, your lawyer or counsellor can not only prepare the application to the court, but also collect the entire package of documents by himself.

In some cases, it may be difficult or even impossible to prepare the application on your own. For example, if it is necessary to send the application to a lawyer, or if some of the documents are missing or have been lost.

In this case, the help of a lawyer is invaluable - he/she will accurately determine the list of necessary documents and then ensure their quick and correct preparation.

The Limited Liability Company is subject to state registration at the state registration authority in the manner and within the time limit established by Law No. 135/2007, Law No. 220/2007 and the Civil Code. The application for registration of the company and the documents required for registration are submitted by the founders (founder) or by the persons authorised by a special authenticated power of attorney.

It is advisable first to have a draft business plan, with the desired name of the LLC, and the main fields (five fields/objects) of activity according to the CAEN Classification. If necessary, go to the National Statistics Office to obtain a certificate with the activity codes according to the CAEM classification free of charge.

Before submitting the application for registration it is necessary to:

1. establish a legal address. If we do not own a space that could be used as the legal address, it is necessary to enter into a lease agreement for such space with an available landlord (the landlord must be aware of and accept that the legal entity uses its address as the legal address). Ratmir provides services of legal address.

2. to organize and perfect the records of the general meetings of the associates, containing the resolutions on the foundation of the company, approval of the share in the share capital, the amount of contributions in kind and other resolutions on the matters of the company's foundation;

3. to name a director or several directors (as a rule, this will also be the executive body of the LLC, if indicated in the memorandum of association) and other governing bodies (board, audit committee);

4. to complete and draft the memorandum of association, which must be signed by the partner(s) (in the case of a single founder - the articles of association);

5. fill in the form according to the established model, pay the fee required (by the registration body) and submit to the state registration body the application for verification and reservation of the LLC name (2-3 different names can be entered in order of preference; the certificate will be issued for one name, the first one in the application, which will be verified and accepted; the time limits range from one hour to five days);

6. open a bank account to deposit the share capital of the LLC in lei (fill in the application for opening the account at the bank;

7. you will need the identity card and, where applicable, proving powers of attorney (and copy thereof), and other documents, including completion of questionnaires, notarized specimen signature sheet and stamp, order of appointment of the accountant, copy of the accountant's identity card, copy of the administrator's ID card, application for opening the account, completion of a questionnaire, copy of the articles of association, copy of the certificate of assignment of statistical codes, notarized specimen signature, etc., (as required by the bank);

8. obtain from the state registration body the bank receipts and pay the fee for the LLC registration

The following documents must be submitted to the state registration body for the registration of the LLC:

1. identity cards of the founders or their representatives, authorized by power of attorney authenticated in the manner established by law, as well as of the administrator of the legal entity, for foreign citizens and stateless persons - travel documents accepted for crossing the state border of the Republic of Moldova by foreigners; if the founder will be (also) a legal entity - the decision of the competent body of the legal entity to found a new legal entity (persons who have already founded legal entities that do not function and have not been liquidated in the manner established by law cannot found them);

2. application for registration, following the model of the state body, signed by the founder designated by the founding decision or, if necessary, signed by another person empowered by the founding decision. If the entity intends to operate in a regulated field, the application for registration shall declare on its own responsibility that it has the prior consent/approval of the competent authority for its establishment;

3. the decision of foundation and the articles of association of the legal entity, approved by all founding members (in duplicate);

4. the consent of the National Financial Market Commission - if the LLC will operate in the field of insurance companies, non-state pension funds, non-bank lending;

5. document confirming payment of the registration fee (to be paid to the state registration office via MPay or by bank transfer);

6. information about the beneficiary/beneficiaries in accordance with Law no.308/2017;

7. in case the legal entity will contain foreign investments, the following shall be additionally attached to the registration application: the extract from the register in which the legal entity with foreign investments is registered, translated and notarized; the founding documents of the foreign legal entity (in original or in copies notarized and legalized by the Moldovan consular offices abroad, being translated into Romanian; documents from certain states are submitted without apostille and superlegalization).

LLCs having certain specific objects of activity will have to meet other requirements and submit other documents for registration. Registration deadlines and fees are posted on the website of the state registration body.

The legal entity shall be considered registered on the date of adoption of the registration decision. The unique state identification number (IDNO) assigned to the legal entity is also considered as the tax code. After the registration in the State Register - the following documents are issued to the administrator or his authorised representative:

1. the registration decision of the state registration body (or, where appropriate, the explained decision rejecting the registration, which may be appealed in administrative proceedings);

2. the act of establishment;

3. the extract from the State Register, on request;

4. the stamp, on request.

The administrator will issue an order to hire an accountant, and together they will go to register and perfect the necessary paperwork for the submission of systematic reports:

1. to the Territorial Tax Inspectorate (within 10 days),

2. to the National Social Insurance House,

3. at the National Statistical Office (within one month),

4. to the National Health Insurance Company.

If a licence is also required, the application and the necessary documents must be submitted via the electronic e-licensing system.

1. Residential law: registration and support of transactions concerning the purchase and sale of real estate; conversion of premises from non-residential to residential and vice versa; registration of agreements concerning the lease of the premises; registration, cancellation of the lease of residential premises; resolution of disputes concerning the property acquired under a share participation agreement; renovation of residential and commercial premises; protection of property rights; assistance in resolving disputes concerning real estate of any kind. 
2. Real estate lawyer: drafting documents for all real estate transactions (purchase and sale, exchange, lease, donation, etc.); legal analysis of transactions concluded; assistance in real estate transactions; settling disputes with developers, conducting cases in court; legalisation of redevelopment at the design stage of the object; representing interests in court.
3. Land Lawyer: transactions of buying and selling land plots; privatisation and cadastral plans; cadastral value (change); disputes with decisions of state authorities in this area of legal relations. 
4. Business: registering, restructuring and liquidating companies of various legal forms and sole proprietorships, optimising taxation, resolving disputes with regulatory authorities and counterparties.

Our company makes it easy to resolve the most difficult housing disputes by employing lawyers who understand the intricacies and nuances of the law and monitor changes. For initial advice, you can contact our specialists by phone, feedback form or any other means. Ask a question. Can't wait? Give us a free call! 060 144 922. By submitting your data, you agree to the rules on the processing of personal data. 

In principle, only goods that are in the private domain of the public property of the state or administrative-territorial units can be privatized (destatized).
The applicant who wants to privatize some asset (in general) / a piece of land (in particular) is called a "participant in privatization", which can be a natural person, a legal person or an association of them, who submitted, in the established manner by law and Government decisions, a request (or bid at auction, competition) for privatization (purchase for a fee or transfer of ownership free of charge).
The sellers who dispose of public property are:
    1. The Public Property Agency, in the case of state assets
    2. The authorities of the local public administration, in the case of the goods of the administrative-territorial units.
Land related to private property and land intended for construction are privatized under the terms of Law no. 121/2007, of Law no. 1308/1997, of other laws and regulations approved by the Government.
Publicly owned land in the private domain free of constructions/buildings, registered in the immovable property register, are sold through public auctions, conducted in the manner established by the Government.
The initial auction exposure price must be at least equal to the value resulting from an evaluation report prepared by an appraiser in accordance with Law no. 989/2002, but not lower than the normative price calculated in accordance with Law no. 1308/1997.
By way of legal exceptions, publicly owned land in the private domain free of construction which, according to parameters and location, cannot be formed as an independent immovable property:
    1. is sold at auction to the owners of adjacent land.
    2. If there is a single owner of land adjacent to the land that cannot be formed as an independent real estate, said land may be sold directly to the sole owner of the adjacent land at a price equal to at least the value resulting from a ratio of evaluation prepared by an evaluator in accordance with Law no. 989/2002, but not lower than the normative price calculated in accordance with Law no. 1308/1997.
Lands for the construction or operation of individual houses are assigned to natural persons:
    1. free of charge (to natural persons for the liquidation of the consequences of natural calamities it can be repeated); or

    2. at the standard price (about 4-5 thousand lei for a lot of 6 acres).

The lands that cannot be privatized:
    1. In general, lands that are part of the public domain;
    2. On which are placed objects of the national cultural heritage, registered in the Register of monuments of the Republic of Moldova protected by the state;
    3. Lands of the forest (forestry) fund;
    4. Lands of the water bottom;
    5. Lands with special purpose.
    6. The lands of nature protection, health protection, recreational activity, of historical-cultural value, green spaces.
    7. Publicly owned lands leased/surcharged;
    8. The plots of land next to the house, in temporary use by citizens (can be bought by helping at a public auction, except in the particular situation).
    9. The lands on which the immovable assets are located, in respect of which demolition decisions are adopted in accordance with the general development plan of the locality;
The local public administration authorities transfer the land to the owners (owners) of the residential houses within the limits provided by the land allocation documents for the construction and operation of the residential house, including the land allocation contract for unlimited use (as a rule, 6- 7 acres).
If the area of the plot of land next to the house that is actually used by the owner of the house is larger than the area mentioned in the land allocation document for the construction and operation of the house, the local public administration can decide to transfer ownership of the land that real, the owner of the house is used, if his area is larger by at most 10 percent than the area mentioned in the documents. In the other cases on the remaining portion of land, the local public administration decides the awarding at public auction or between the owners of adjacent land.
In/On the privatization application submitted to the town hall, the owner of the house records / attaches:
    1. the name, first name of the owner of the house, copy of the identity card;
    2. information regarding the cadastral number of the land / house, address;
    3. data about the document confirming ownership of the house, copy of the act.
    4. the document confirming the assignment of the land and/or the right to use the land for an unlimited period, the copy of the act;

    5. the current topographical plan that confirms the land surface used;
    6. ownership share of the house, in the case of joint ownership in the division.
    7. the geometric plan of the property, as the case may be, and the technical file and the statement of findings completed by the cadastral company.
   
The application for the purchase of the land related to the private property with a destination other than housing is submitted by the interested person to the town hall and recorded / attached:
    1. the request according to the model established in the Government decision no. 1428/2008, completed;
    2. the extract from the Real Estate Register regarding the property;
    3. copy of the document under which the property right was registered in the Real Estate Register;
    4. the extract from the State Register of legal entities for the applicant legal entity or the copy of the identity card for the individual.
    5. the geometric plan of the land, as the case may be, and the technical file and the statement of findings completed by the cadastral company.
    6. copy of the document confirming the assignment of the land and/or the right to use the land, as the case may be;
    7 . the current topographical plan that confirms the surface of the land used.

Refusal to resolve privatization requests can be contested within 30 days of communication in the competent court, following the prior procedure, except for the unfavorable decision of the local council which is contested without prior procedure.

Any person who considers himself injured in a right, recognized by law, by a public authority, by an administrative act or by failure to resolve a request within the legal term can apply to the competent court for the annulment of the act, reinstatement and reparation the damage.
An injured right is any right or freedom established by law which is affected by administrative activity.
Actions in administrative litigation are examined by the respective courts according to the general rules provided by the Code of Civil Procedure, with the exceptions and additions established by the Administrative Code.
The preliminary request is the institution that offers a way of prejudicial resolution of administrative disputes and aims to verify the legality of individual administrative acts.
If the public authority does not resolve the petition within the terms provided by this code, the affected person has the right to submit a preliminary request.
The prior request can be directed to:
    1. annulment in whole or in part of an illegal or invalid individual administrative act;
    2. issuance of an individual administrative act.
For the filing of an administrative litigation process, as well as for each appeal against the finding agent's decision on the contravention case both in the first instance and in the appeals, natural and legal persons are charged - Stamp duty.
The stamp duty is not subject to exemption, postponement or installments, with the exceptions provided by Law no. 213/2023. The amount of the stamp duty is determined in a fixed amount according to Law no. 213/2023 and is 200 lei.
The amount of money paid as stamp duty is neither refundable nor compensated from the account of the losing party.
Until the action in administrative litigation is submitted, the preliminary procedure will be followed, with the exceptions provided by law.
The preliminary application examination procedure is not carried out if:
    1. the individual administrative act is issued by the Government, a local council or the People's Assembly of Gagauzia;
    2. the decision regarding the prior request worsens the situation of a person compared to the situation in the initial decision;
    3. the law expressly provides for direct addressing in court.

The prior request is submitted in writing, on paper or in the form of an electronic document, to the issuing public authority (which issued or rejected the issuance of the individual administrative act) or hierarchically superior (if such an authority exists).
The preliminary request is submitted within 30 days from the communication or notification of the individual administrative act or the rejection of the petition. If the public authority does not resolve the request within the term provided by this code, the preliminary request can be submitted within one year from the expiration of the term.
An action in administrative litigation can be filed for:
    a) annulment in whole or in part of an individual administrative act (appeal action);
    b) obliging the public authority to issue an individual administrative act (compulsory action);
    c) imposition of action, tolerance of action or inaction (action in progress);
    d) ascertaining the existence or non-existence of a legal relationship or the nullity of an individual administrative act or an administrative contract (declaration action); or
    e) annulment in whole or in part of a normative administrative act (normative control action).
If the prior procedure is not provided for by law, the compulsory action is admitted only if the plaintiff has previously submitted to the competent public authority a request for the issuance of the individual administrative act.
An action in progress is admitted only if the plaintiff has previously submitted to the competent public authority a request requesting the implementation, tolerance or omission of an action.
A declaratory action is admissible only if the plaintiff has previously addressed the competent public authority with a declaratory request.
For the implementation action, the ascertainment action and the normative control action, there is no deadline for submitting the action in administrative litigation.
The appeal action and the binding action are filed within 30 days, unless the law provides otherwise. This term starts to run from:
    1. the date of communication or notification of the decision regarding the prior request or the date of expiry of the term provided by law for its resolution;
    2. the date of communication or notification of the individual administrative act, if the law does not provide for the prior procedure.
If the information regarding the exercise of appeals is not contained in the individual administrative act or in the decision regarding the prior request or is indicated incorrectly, the submission of the action in administrative litigation is admitted within one year from the communication or notification of the administrative act or the decision on the prior request.

In the summons request it is indicated:
    1. the court to which it was filed;
    2. the applicant's first and last name or title, his domicile or headquarters; if the applicant is a legal person, the bank details and tax code are indicated;
    3. the name and surname of the legal or authorized representative and his address, if the application is submitted by a representative;
    4. the name of the defendant as a public authority and its headquarters;
    5. the plaintiff's claims;
    6. the factual and legal circumstances on which the claimant bases his claim;
    7. listing all the evidence that the claimant has and can present;
    8. data on compliance with the prior procedure, if such a procedure is provided for by law.
The summons request is signed by the plaintiff or his legal representative or authorized representative.
The summons request may include other important data for the resolution of the case, as well as the actions of the plaintiff.
Attached to the summons request:
    1. the copy of the contested administrative act and the copy of the decision regarding the prior request, if the law provides for such a procedure;
    2. copy of the identity document of the claimant as a natural person or the extract from the State Register of Legal Entities, if the claimant is a legal entity;
    3. the document confirming the powers of the legal representative or authorized representative;
    4. copies of the summons and all the attached documents, in a number equal to the number of participants in the trial;
    5. proof of payment of state tax and/or stamp duty, in the cases provided for in Law no. 213/2023.
The plaintiff can also attach other documents to the summons.

The legal person is considered liquidated from the moment of the adoption of the decision to delete it from the State Register.
The removal from the State Register of the legal entity, including an LLC, is carried out by the same state body that carried out the registration, within 3 working days from the submission of the application, free of charge.

The liquidation of an SRL can take place:

1. Voluntary, at the discretion and initiative of the founder (associates);
2. Ex officio, by the state registration body;
3. Forced, by judgment or court decision.
    

Voluntary liquidation of the legal entity and deletion from the State Register is carried out only if the legal entity or the individual entrepreneur has no debts to the national public budget according to the data presented to the state registration body through the automated information system of the State Fiscal Service.

Deletion from the State Register of the legal person and the individual entrepreneur whose activity has been suspended is carried out in accordance with the provisions of Law no. 220/2007.

Upon deletion of the legal entity from the State Register, the publication by the legal entity of the liquidation notice in the Official Gazette of the Republic of Moldova is verified.

The territorial structure of the state registration body verifies whether the legal entity has debts to the national public budget.

The dissolution of the legal entity has the effect of opening the liquidation procedure, except for the cases provided for in art. 223 paragraph (2) of the Civil Code. On the date of registration of the dissolution of the legal entity, its administrator becomes the liquidator if the competent body or court does not designate another person as liquidator. In the case of appointing another person as liquidator, the state registration body enters in the State Register the mention regarding the termination of the administrator's activity.

Until the documents regarding the deletion from the State Register are submitted, the legal entity in liquidation is obliged, on its own responsibility:

1. to close the bank account(s) and
2. to hand over the stamp for destruction to the authorized body (if it has it).
3. If the court decision regarding the liquidation and deletion of the legal entity from the State Register is in force, the submission of the documents provided above is not necessary.

After the distribution of net assets, the liquidator of the legal entity must submit the following documents to the state registration body:

1. the deletion request, according to the model approved by the state registration body;
2. the liquidation balance sheet and the asset distribution plan, approved by the body or court that appointed the liquidator;
3. statement regarding the beneficial owner.

In the case of the liquidation of the legal entity based on the court decision regarding the termination of the insolvency process and, respectively, the liquidation order, the state registration body will remove the debtor from the State Register based on the court decision, presented by the authorized administrator.

The deletion of branches of foreign legal entities is carried out in accordance with the provisions established for the deletion of domestic legal entities.

After deletion, the state registration body publishes in the Electronic Bulletin data about the deleted legal entity, which include:

1. the name of the legal entity,
2. state identification number,
3. date of registration and
4. date of deletion from the State Register.
    

Ex officio liquidation and deletion

The inactive legal person and the inactive individual entrepreneur are considered to have ceased their activity and are ex officio deleted.

The state registration body ex officio initiates the deletion procedure from the State Register of the inactive legal person and the inactive individual entrepreneur, adopting the decision to initiate the deletion procedure, if the inactive legal person and the inactive individual entrepreneur:

have no debts to the national public budget,
they do not own checkout and control machines with fiscal memory,
are not founders of another legal entity and have no branches. The information regarding the absence/existence of the debt to the national public budget is obtained by the state registration body from the automated information system of the State Fiscal Service "Taxpayer's current account". 

Within 3 working days from the adoption of the decision to initiate the deletion procedure from the State Register, the state registration body will publish free of charge on its official website and in the Official Gazette of the Republic of Moldova an opinion regarding the initiation of the deletion procedure from the State Register of the inactive legal entity and the inactive individual entrepreneur. The notice will also contain data on the method and deadlines for submission of requests by the inactive legal entity and the inactive individual entrepreneur to be deleted, the claims by creditors or by other interested persons, as well as the address to which they can be submitted.

Requests and claims can be submitted no later than 2 months from the date of publication of the notice.

Within 3 working days from the expiration of the deadline for submitting applications and claims by the interested persons, if applications and claims have not been submitted, the state registration body adopts ex officio the decision to delete the inactive legal entity from the State Register and to the inactive individual entrepreneur and deletes them. In case of submission of requests and claims, the liquidation and deletion from the State Register of the inactive legal person and the inactive individual entrepreneur is carried out in accordance with the general conditions provided by the law, the state registration body not having the right to decide ex officio the deletion from the State Register theirs.

The State Fiscal Service presents the information on inactive legal entities quarterly to the state registration body in order to decide on their deletion from the State Register.

The deletion procedure provided for in this article also applies to legal entities that have submitted a request for voluntary deletion, according to the model approved by the state registration body and meet the criteria specified in the notion of an inactive legal entity, except for the fact that they have presented the reports fiscal provided by legislation, from whose data it appears that they did not carry out entrepreneurial activity.

If the legal person or the individual entrepreneur who has suspended his activity does not submit, at the expiration of the period of suspension of the activity, a request to resume the activity, the state registration body ex officio initiates the procedure of deletion from the State Register of the legal person or the individual entrepreneur .

Ex officio deletion of the inactive legal entity takes place within 5 working days, free of charge.

The branches of foreign legal entities have the obligation to communicate to the state registration body information regarding the dissolution of the foreign legal entity, the identity and powers of the appointed liquidator and the conclusion of the liquidation procedure.

The registrar adopts the decision regarding the registration of the dissolution of the legal entity and records the respective information in the State Register. When registering the dissolution of the legal entity, the state registration body enters the mention "in liquidation" in the State Register. From this moment on, the participation of the legal entity in the liquidation as a founder (associate) of another legal entity is prohibited.

Forced, the liquidation and deletion of the debtor from the state register is carried out within the simplified bankruptcy procedure in the manner provided by Law no. 149/2012.

If the assets of the company in the process of liquidation, voluntary or forced, are insufficient to satisfy the claims, the liquidation is done, according to Law no. 149/2012, within the simplified bankruptcy procedure.

The initiation of the procedure for dissolution and voluntary or forced liquidation of the legal entity is not an impediment to the direct address to the insolvency court of the creditor's introductory request.

With the adoption of the decision to initiate the insolvency procedure with the initiation of the simplified bankruptcy procedure, the liquidator notifies about his appointment the body that carried out the state registration of the debtor, attaching the decision of the insolvency court.

In the case of the lack of the debtor mass, the insolvency court, together with the approval of the liquidation balance sheet, adopts a decision to terminate the process, by which it orders the deletion of the debtor from the state register in which he is registered.

In the case of receiving a court decision regarding the deletion of a legal entity from the State Register and, after checking the data, it will be established that the legal entity in question has branches, then based on the nominated decision, the state registration body will radiated the branch, and then the parent enterprise in respect of which the judgment was issued.

If the legal entity has no assets, the liquidator submits the request for deletion of the legal entity from the State Register after the expiration of the deadline for submitting claims by creditors and after the approval of the liquidation balance sheet.

The device of the decision to terminate the bankruptcy procedure and to delete the debtor from the state register is published in the Official Gazette of the Republic of Moldova within 10 days from the date of adoption. After receiving the decision of the insolvency court, the state registration body deletes the debtor from the state register of legal entities or from the state register of individual entrepreneurs on the date of the decision.

There are some particularities in the cases of deletion from the State Register of banks in the process of forced liquidation, including the need for the decision of the National Bank of Moldova regarding the approval of the report on the liquidation of the bank.

In cases where we believe that a legitimate right, interest or freedom has been violated, the law allows us to restore them and obtain fair satisfaction through the courts, by initiating a civil action.

The initiation of the civil action, directly through the formulation and registration of the summons request, may be conditioned by a series of formalities that must be completed beforehand. These can be:
       1. of a financial nature: payment of the state tax arising from the value of the share for certain types of shares.
       2. Of a procedural nature: the need to first settle the dispute amicably, including by submitting the complaint, counterclaim, summons, notice regarding the offer of grace periods, prior request.
       3. Conventional in nature: the need to submit (procedure) to extrajudicial or quasi-judicial institutions, such as mediators, arbitrations.

The preliminary procedural formalities are also distinct depending on the nature of the conflict (litigious legal relationship) and its parties (subjects).
When the dispute is between private individuals and a public authority or an entity assimilated to the public authority, the dispute is examined by a court specialized in administrative litigation, and the dispute must first be resolved by prior request (graceful appeal), except in cases where the administrative act is issued by a collegial authority (Local Council, Government).
When the potential litigants are bound by a common contract and which provides for a certain procedure for resolving misunderstandings (conventional), then, before submitting the application for summons to court, the procedures provided for in the contract must first be completed, by e.g., negotiations, complaints, etc., and as the case may be, there may be an arbitration clause in the contract (or a separate contract with such a provision), which obliges the resolution of the dispute in an arbitration court (ad hoc or institutionalized).
If there are no such provisions, including prior resolution of the conflict, or this way has already been carried out and has not resulted in a success for the petitioner, the person who considers that his right or legitimate interest has been violated, may formulate and submit the summons request in trial.
When filing lawsuits for legal disputes (contentious procedure), a summons application is submitted, and in non-contentious cases (for example, for the establishment of a legal fact), an application is submitted.

It can be submitted personally or through a special citizen, on the basis of mandate (avocational) or power of attorney (representative of the legal entity, if the appointed administrator does not act).
As a rule, the application is submitted to the court at the place of residence of the applicant or from the area where the applicant legal entity is registered. Requests that have as their object immovable property and/or rights over them, are submitted to the court within the jurisdiction of which the disputed property is located.

Anyone who claims a right against another person or has an interest in establishing the existence or non-existence of a right must submit a summons to the competent court, indicating:
       1. the court to which it is addressed;
       2. the name or title of the applicant, his domicile or headquarters, state identification number (IDNO) – for legal entities and individual entrepreneurs and personal identification number (IDNP) – for natural persons; if the claimant is a legal person, the bank details, the name and address of the representative, if the claim is submitted by a representative if the claimant lives abroad, the address in the Republic of Moldova where communications about the process are to be made;
       3. the telephone number and other contact details of the natural person applicant; the telephone number, the electronic address registered in the Integrated File Management Program and other contact details of the legal entity applicant;
       4. the name or designation of the defendant, his domicile or headquarters;
       5. the telephone number, fax number, e-mail or other contact data of the defendant, if the plaintiff has these data;
       6. name, surname, address, telephone number, electronic address registered in the Integrated File Management Program and other contact details of the representative of the applicant;
       7. the essence of the violation or the danger of violation of the rights, freedoms or legitimate interests of the plaintiff, his claims;
       8. the factual and legal circumstances on which the claimant bases his claims and all the evidence he has at the time of submitting the claim;
       9. list of attached evidence;
       10. list of claimed evidence;
       11. requests for complaints about evidence, performance of expertise, appointment/rejection of the expert, other formulated requests;
       12. the plaintiff's claims against the defendant;
       13. the value of the action, if it can be evaluated;
       14. data on compliance with the procedure for the preliminary settlement of the dispute out of court, if for such a dispute the fulfillment of the procedure is provided for by law or by the parties' contract;
       15. the documents attached to the application.

The summons request may include other data, important for the resolution of the case, as well as the actions of the plaintiff. The plaintiff can formulate several claims in the summons application, related by the grounds of appearance or by evidence. The summons request is signed by the plaintiff or his authorized representative in the established manner.
The request to sue the plaintiff natural person who is assisted in court by a lawyer and the request to sue the plaintiff legal person must be typed and submitted through the Integrated File Management Program, with advanced qualified electronic signature.

Attached to the summons request:
       1. copies of the summons and documents, certified by the party, on their own responsibility, in a number equal to the number of defendants and interveners, if they do not have these documents, plus a row of copies for the court. Copies shall be certified by the party for conformity with the original. If the documents and the summons request are made in a foreign language, the court orders the presentation of their translation in the manner established by law;
       2. copy of the identity document of the natural person applicant;
       3. proof of payment of state tax and/or stamp duty;
       4. the documents that certify the circumstances on which the plaintiff bases his claims and copies of these documents for the defendants and interveners, if they do not have them;
       5. documents that confirm compliance with the procedure for prior resolution of the dispute, if compliance with this procedure is provided for by law or by the parties' contract;
       6. the document legalizing the powers of the representative (as the case may be);
       7. the copy of the evidence complaint request (as applicable);
       8. the copy of the application for the expertise (as applicable);
       9. copy of the request for appointment/recusal of the expert (as applicable);;
       

10. copies of other requests (as applicable);
To the summons request, the plaintiff can attach other documents and procedures. Some heads of requests can be submitted either together with the summons request, or during the preparation of the case for judicial debates.

The surface right is a limited real right and is registered in the real estate register only with the first rank and the rank cannot be changed.
The constitution of the surface right can be done by legal act (bilateral (contract) or unilateral (administrative act, will, court decision) or by provision of the law. The contract of constitution of the surface is concluded in authentic form, that is, it is subject to notary authentication.

The surface right is established for a term of 99 years if no other term has been established, being opposable to third parties from the moment of registration in the real estate register.

The surface right provided for in art. 26–28 of Law no. 133/2018 (constituted by provision of the law) was born by full right, by the effect of the law (starting with 01.03.2019), without its registration in the real estate register. Any interested person can request the registration of this right in the immovable property register.

The surface (right of surface) is registered on the basis of:
        1. the legal document authenticated by a notary, the irrevocable court decision, the heir certificate or the administrative document, in the cases provided by law, by which the establishment, modification or transfer of the surface is ordered;
        2. the legal document authenticated by a notary by which the owner of the land and the construction located on it ordered only the construction;
        3. the notarized legal act by which the owner of the land and the construction located on it disposed of both the land and the construction, but in favor of different persons;
        4. the notarized declaration by which the land owner waives the right to invoke accession in the event that someone else has built on his land. The surface is registered in favor of the beneficiary of the construction (the investor) or the one to whom the beneficiary has transferred the ownership of the construction.
In the cases provided for in point 2 and point 4, the surface area is registered even if the establishment of the surface area is not expressly stipulated in the supporting document. The registration of the area in the cases provided for in points 2 - 4 is done at the written request of the applicant, with the presentation of the geometric plan indicating the part of the land on which the area is established, received in the established manner, or with the presentation of the declaration of the owner of the land regarding the encumbrance of the entire land with surface.
The surface is registered with the indication in the real estate register of the duration for which it was established.

Simultaneously with the registration of the property right after the new owner as a result of the alienation of the construction by the owner of the land to a third party, the land will also be registered under the new owner, even if the transfer of the land is not expressly stipulated in the supporting document. If the owner of the land does not alienate all the registered constructions, for the registration of the land after the new owner and the modification of the extent of the land owned by the first owner, the geometric plan of the land will be presented with the indication of the parts of the land encumbered with the land.
The legal surface established according to art. 27 of Law 1125/2002 for the implementation of the Civil Code of the Republic of Moldova on privately owned land, for the benefit of the owner of the immovable property registered separately in chapter B (with the exception of temporary constructions), it is registered:
        1. if the owner of the immovable property registered separately in chapter B has, on March 1, 2019, a right of possession or use (lease, lease), born of law or contract, other than a surface right. If the owner of the immovable property registered separately in chapter B has the mentioned right only on a part of the land, the surface will be registered only on that part, according to the geometric plan with the indication of the part, received in the established manner. If the right of possession or use is registered simultaneously with the registration of the surface, the said right is deleted. The right of possession or use must exist on March 1, 2019, even if it expired on the date of submission of the application. If the contract by which the right of possession or use was established or the law establishes that, after the expiration of the term stipulated in the contract or law, the owner of the land becomes the owner of the immovable property registered separately in chapter B, the given term will be indicated in the immovable property register as the duration of the surface;
        2. if the owner of the immovable property registered separately in chapter B does not have any rights over the land, for the registration of the surface, the geometric plan of the land shall be presented with the indication of the part of the land on which the surface is established, signed by the owner of the land and received in the established manner, or the declaration authenticated by a notary or signed in front of the registrar will be presented, whereby the owner of the land consents that the legal surface is established over the entire land.

The duration of the legal surface established according to art. 27 of Law no. 1125/2002 for the implementation of the Civil Code of the Republic of Moldova will be indicated in the immovable property register upon presentation of the supporting document that provides for the duration of the surface area (exception - point 1).
The legal surface established according to art. 29 of Law 1125/2002 for the implementation of the Civil Code of the Republic of Moldova on land owned by the state or administrative-territorial unit, for the benefit of the owner of the immovable property registered separately in chapter B (except for temporary constructions), it is registered:

        1. if the owner of the immovable property registered separately in chapter B has, on March 1, 2019, a lease right with the right to build on the land, concession, possession or use of the land. If the owner of the immovable property registered separately in chapter B has the mentioned right only on a part of the land, the surface area will be registered only on that part, according to the geometric plan with the indication of the part on which the surface area is established, received in the established manner. If the contract, the administrative act or the law establishes that, after the expiration of the term indicated in the act or in the law, the owner of the land becomes the owner of the immovable property registered separately in chapter B, the given term will be indicated in the Register as the duration of the surface. The right of possession or use must exist on March 1, 2019, even if it expired on the date of submission of the application. If the right of lease, possession or use is not registered, for the registration of the legal surface, the original of the document justifying the lease, concession, possession, use and the written confirmation of the authority that administers the public property land regarding the existence of the legal relationship on 1 March 2019. For the registration of the surface, the data from the supporting documents of the right, which has not been registered, regarding the surface, the location of the land must correspond to the registered land, otherwise, the surface will be registered according to the conditions set out in point 2;
        2. if the owner of the immovable property registered separately in chapter B has no right over the land, upon presentation of the geometric plan of the land with the indication of the part of the land on which the surface is established, signed by the local public authority, for the lands of the administrative units- territorial, or by the central public authority that administers the lands owned by the state, for the lands of the state, and received in the established manner. If the surface is established over the entire land, the written confirmation of the mentioned authorities is presented. Confirmation is not required if the land is registered on the perimeter of the building's plinth.
If several buildings owned by different owners are located on the land, for the surface registration, the geometric plan of the land will be presented with the indication of the part of the land on which the surface is established.
If the owner of the immovable property registered separately in chapter B on March 1, 2019 alienated the property after this date without requesting the registration of the legal surface, the acquirer of the immovable property registered separately in chapter B may request the registration of the legal surface according to the conditions he meets.
Under the conditions provided for in point 2, the legal surface area will also be registered if the owners of the private assets hold documents of possession and use of the related lands, canceled according to art. 53 paragraph. (2) from Law no. 121/2007 (as a rule, title of authentication of the right of free use of the land owner, even if the right under this act remained registered in the Register).

The registration of the legal surface for the benefit of the owners of isolated rooms, parking spaces, registered in chapter C, is done at the request of the association of co-owners in the condominium or at the request of at least one owner of the property registered in chapter C, provided that in chapter B the construction is registered as a condominium.

For the registration of the area, the Registrar verifies that according to the entries in the Register or according to the documents confirming the receipt of the construction works from the cadastral file, the construction is not provisional.
For the registration of the legal surface, the interested person will present the declaration on his own responsibility, that the immovable property registered separately in chapter B on the date of submission of the application is not demolished (destroyed). Other documents may be requested by the registrar if deemed necessary. The existence of noting the insurance measures in the Register does not constitute grounds for refusal in the registration of the legal surface, except in the case when the operation of changes in the Register is prohibited or the registration of the surface is expressly prohibited.

The registration of the surface right takes place within 7 calendar days from the date of submission of the application (the date of submission of the application will be the date of registration) and is carried out against a cost paid to the service provider.

The Family Code provides for two ways of paying the maintenance pension for children:
       1. By the amicable agreement of both parents;
       2. Establishing the maintenance pension by issuing the court decision, if one of the parents avoids paying the maintenance pension (at the request of one of the parents, the child's guardian/curator or the guardianship authority).

The amount of the mandatory maintenance pension from the established salary or from other income of the debtor spouse (the one who will pay the pension), depending on how many children are supported by the parent, may vary:
       1. 1/4 for a child;
       2. 1/3 for two children;
       3. 1/2 for three or more children.
The maintenance pension can also be established in a fixed amount by the court in cases where:
       1. The parent does not have a stable income,
       2. The income or salary is paid in kind,
       3. The payment of part of the salary is not sufficient for the normal maintenance of the minor child.

When establishing the child support pension, the court, as far as possible, will order the preservation of the child's insurance status that he had before the dissolution of the marriage.
If the parents have reached an agreement regarding the size and payment of the maintenance pension, the agreement must be concluded in writing and notarized in accordance with the provisions of the Civil Code, provided that the maintenance pension negotiated and established in the agreement is not lower than that provided by the Family Code (for one child, two children and several children).
The court can reduce or increase this amount, taking into account the financial and family status of the parents and other important circumstances. Over the years, you can change the amount of the maintenance pension, you can ask for its increase, if, for example, additional or unforeseen expenses arise, such as the child's illness, expensive treatment, admission to studies.

The debtor spouse (payer) can request a reduction in the size of the pension, if his financial situation has worsened, for example, because he was seriously ill, lost his job or is unfit for work.
If the parent who owes a maintenance pension does not have a salary and a fixed (or official) income, the court can establish the amount of the maintenance pension in a fixed monetary amount paid monthly or, simultaneously, in a fixed monetary amount and under the form of a share of salary and/or other income. If it can be proven that the debtor spouse has much higher unofficial income, then the evidence is presented in court, such as checks, payments, financial or real estate transactions in his name, etc., and witnesses can be brought who could confirm this fact .

Claimants in civil actions for the establishment and forced collection of alimony are exempt from paying the state tax.
Arising from the principle in matters of inheritance that the creditor of the one who left the inheritance has priority over the heir, with regard to the capitalization of the assets of the estate, the inheritance debts arising from the payment of the maintenance pension must be paid by the heir or be capitalized by the creditor in the interest superior of the child (children) in the estate, through the court. Considering the judicial practice that interprets unfavorably the right of the unsecured creditor against the obligation of the debtor's heir of the maintenance pension, it is recommended to register the legal pledge to ensure the due maintenance, including the extinguishment of any obligations (debts) accumulated until the death of the debtor. In any case, the heirs are obliged to provide the family members of the deceased who were supported by him and lived with him until his death, in the first 40 days after the opening of the inheritance, a maintenance equivalent to the maintenance granted until death and to allow them to use the home and household items. By will, the testator can order otherwise (art. 2420 par. (1) of the Civil Code).
If at the date of opening the inheritance, the deceased had a direct maintenance obligation according to the Family Code towards the legal heirs of the first class, the parents of the deceased, as well as the surviving spouse, they are reserved heirs and inherit at least ½ of the inheritance share that would have been due to each in case of legal inheritance (they have inheritance reserve).

According to art. 709 of the Civil Code, the creditor in whose favor a court decision has been issued regarding the collection of a sum of money, including maintenance pension, can obtain a legal pledge on a movable or immovable asset of his debtor. The legal pledge is established by registering a notice, in which the pledged asset and the amount of the claim are indicated, and in the case of the pension or maintenance pension – the amount of periodic payments and the indexation coefficient. A certified copy of the court decision and proof of bringing the notice to the debtor's attention is attached to the notice.
According to art. 823 (4) of the Civil Code, the obligations to pay alimony are inalienable (they cannot be assigned to third parties), under the penalty of absolute nullity of the debt assignment. Likewise, the compensation of claims regarding the payment of alimony is not allowed either (art. 985 para. (1) letter c) of the Civil Code).
The sums due to the person placed under guardianship in the form of alimony are received and spent by the guardian for the maintenance of the person placed under guardianship (art. 60 paragraph (3) of the Civil Code).

Other particular situations, provided by the Family Code, in which people have maintenance rights and obligations:
       1. Parents are obliged to support their adult children incapable of work who require material support (in the same way, adult children capable of work are obliged to support and care for their parents incapable of work who require material support).
       2. Spouses owe each other material maintenance.
       3. The ex-husband can obtain maintenance through the courts, in the following situations:
       a) ex-wife during pregnancy;
       b) the ex-spouse, who requires material support, busy with the care of the joint child for 3 years after its birth;
       c) the ex-spouse, who requires material support, busy with the care of the common child with disabilities until the age of 18 or of the common child with severe disabilities since childhood;
       d) the ex-spouse, who requires material support, became unfit for work during the marriage or for one year after its dissolution;
       e) the ex-spouse who requires material support and has reached retirement age, within no more than 5 years from the moment of dissolution of the marriage, if the spouses have been married for at least 15 years.
       4. Minor brothers and sisters, who require material support, in the impossibility of their maintenance by their parents, have the right to maintenance from older sisters and brothers able to work who have sufficient means.
       5. The minor grandchildren, who require material support, in the impossibility of their maintenance by their parents, have the right to maintenance from the grandparents - who have sufficient means (The same right also has the older grandchildren who are unable to work, who require material support, if established the impossibility of their maintenance by spouses (ex-spouses), adult children able to work or by parents).
       6. Grandparents unable to work, who require material support, in the impossibility of their maintenance by their able-bodied adult children or by their spouses (former spouses), have the right to maintenance from their able-bodied adult grandchildren who have sufficient means.
       7. Stepparents unable to work, who require material support, in the impossibility of their maintenance by their natural children of age able to work or by the husband (former husband), have the right to maintenance from the stepchildren of age able to work who have sufficient means.
       8. Persons unfit for work, who require material support, and who have maintained and educated minor children (hereinafter referred to as educators) have the right to maintenance from them if the latter have reached the age of majority, are fit for work and have sufficient means and if it has been established that it is impossible for educators to be supported by their own adult children able to work or by their spouse (ex-spouse).

People who live in state-owned housing subject to privatization can submit applications for housing privatization to the town halls until May 31, 2024, which, through the housing stock privatization commissions, determine the cost of the housing and adopt the respective decision under the terms of Law no. 1324 /1993.
After the expiration of the established deadline (May 31, 2024) - the non-privatized houses will become the property of the administrative-territorial units and these houses will be assigned the status of social housing, and rental contracts will be concluded with the tenants.

A family can buy or receive for free in private ownership only one house.

The list of documents required for submitting the request for privatization of the home:
       1. Extract from the nominal table issued by ÎMGFL, APLP or the administrative institution.
       2. Extract from the personal account issued by ÎMGFL, APLP or the administrative institution.
       3. The plan and the characteristic certificate regarding the privatization of the home issued by the OCT (copy of the plan).
       4. The original and the copy of the diploma, the copy of the military book and the copy of the work record of the main tenant and the wife/husband (the internship is calculated starting from 10.03.1993).
       5. Certificate about participation or non-participation in the privatization (the payment receipt for the examination of the participation in the privatization is paid).
       6. Copy of identity cards, birth certificates of minor children, copy of divorce, marriage, death certificate - as the case may be).
       7. Payment slip paid for processing the file.
       8. Declaration from all adult members regarding the agreement to participate in the privatization, authenticated, notarized or their presence at the submission of documents. Declaration regarding non-participation in the privatization of housing, mandatory notarized.
       9. Copy of the invalidity certificate for single invalids of gr. I and gr. II (as applicable).
       10. Identity cards, birth certificates of minor children, distribution order - originals and copies.
       11. Marriage certificates, divorce certificates, death certificates - in original and copies (if applicable).
       12. For dormitories - additional, certificate with the number of people, who use the common areas (bathroom, kitchen, bathroom, etc.).
       13. For houses with one level - informative urban planning certificate regarding the absence or existence of the demolition decision and regarding the technical condition of the home.
       14. For departmental buildings - consent of the administrative institution.
       15. If necessary, other documents may be requested.