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On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-Law nr. 548/1995 regarding the National Bank of Moldova (republished in the Official Gazette of the Republic of Moldova, 2015, nr. 298-300, art. 544), with subsequent amendments and additions, is modified and completed as follows: 1. In article 2, after the term "Claim" is introducing a new concept with the following content: "infrastructure of financial markets-multilateral system between the participants and the operator of this system , which operates on the basis of common rules, formal and standardized and is used for purposes of settlement and clearing (compensation) or posting of payments, securities derivative instruments or other financial transactions. "
2. In article 5 (1): the letter f) shall read as follows: "(f)) constitute, licențiază, operates, regulates and supervises financial market infrastructures, in the conditions determined by law, and promote stable and efficient functioning thereof;" the letter n) are repealed.
3. In article 34, paragraph 4, the words "central depository" shall be replaced with the words "central depository of securities".
4. In article 40, point b) are repealed.
5. the name of chapter VI1 shall read as follows: "Chapter VI1INFRASTRUCTURILE on FINANCIAL MARKETS".


6. article 492 shall read as follows: "Article 492. Central depository of securities National Bank establish, regulate and supervise the activity of central depository of securities in accordance with the law. 234/2016 with respect to the central depository of securities. "
7. In article 69 (1), the words "within 4 months after the end of each financial year" shall be replaced with the words ' until 1 June ".
8. In article 71, paragraph 2, letter e) shall read as follows: "e) to establish and keep up to 100%, but no less than 76% of the share capital of central Depository of securities."
Art. II.-financial institutions Law nr. 550/1995 (republished in the Official Gazette of the Republic of Moldova, 2011, no. 78-81, art. 199), with subsequent amendments and additions, is modified and completed as follows: 1. Article 3: the term ' potential acquirer, "after the words" to obtain "shall be inserted the words" individually or played ";
the term "administrator" after the words "accounting officer" and "Deputy or chief accounting officer" shall be inserted the words "the person";
the term "Affiliate" of another person: the letter b), after the words "directly or indirectly" insert the words "individually or performed", and the words "actual and their beneficiaries" shall be replaced with the words "their actual beneficiaries, namely";
the letter f) shall read as follows: "(f) sponsoring individual person)-wives, relatives and family members of the first degree and two of the natural person, wife, relatives and cited Blueberry, as well as a legal entity to which the individual and/or its affiliated persons, hold control of, or hold a party in the Association in participation, or exercise significant influence are Admins times;"
the letter g), after the words "transaction" shall be inserted the words "Bank";
the term "persons acting in concert" in subparagraph (b)), ' spouses, relatives and family members up to the second degree of the individuals mentioned in the above paragraphs; "is excluded, and the final letter is completed by the words" any person who, under the law, is linked to the individual mentioned above by means of a report of the first degree of kinship and two wives of the person and the person's relatives family members of the person's spouse, and blueberry, as well as companies under their control; ".
2. Article 156 is supplemented with paragraph (5) with the following contents: "(5) the former owner of the share capital of the Bank, whose shares have been cancelled, according to the provisions of paragraph 1. (3) and whose resultant from this debt cancellation was not honoured, together with its affiliates, persons in the process of Bank resolution and in the process forced liquidation of the Bank shall apply similar treatment of shareholders and Bank's affiliated persons thereof. "
3. In article 158 (2), the words "independent Registrar shall keep the register of holders of securities of the Bank and nominal holders" shall be replaced with the words "central depository of securities custodians and actions".
4. In article 17, paragraph (1) shall be supplemented with the text: "Foreign Bank Branch must have a regulation specifying at least the name, address, amount of capital equipment, the functions of the directors, the object of the activity, which can be altered only with the approval of the National Bank, given in writing."
5. Article 243: in paragraph 3, the words "for the issuance of the licence" shall be replaced with the words "National Bank, through its normative acts, establishes the procedure for issuing foreign bank branch license. For issuing the licence ";
article is completed (31) with the following contents: "(31) where it is considered that the information provided in paragraph 1. (3) are insufficient for issuing a licence, the National Bank may request additional data or information. "
6. Article 25 (2): the letter d), the words "and organisation of the internal functions of internal audit, compliance and risk management" is excluded;
(e)) to be completed in the final text ", including organizing functions: compliance, internal audit and risk management".
7. In article 28: under paragraph (1) (d)), after the words "eligible shareholders" insert the words "who are not affiliated to the Bank and individuals", and the words "5%" shall be replaced with the text "1%";
(3) shall read as follows: "(3) failure to comply with the maximum limits for Bank exposures towards affiliated people Bank, established by the National Bank in accordance with para. (1) (a). a) and b) will lead to diminishing the regulatory capital of the bank concerned with amounts exceeding those limits. "
8. In article 281, paragraph 3, after the words "can only take place by a bank" insert text "foreign bank subsidiary/".
9. In article 38 paragraph (51), the words "Administrative Council" shall be replaced with the phrase "Executive Committee".

10. In article 384 paragraph 11, the words "central depository and Registrar which maintains the register of holders of securities of the Bank" shall be replaced with the words "central depository of securities".
11. Article 3811: supplemented (33) with the following contents: "(33) Claims resulting from the application of article 19. 156 paragraph 1. (3) as mentioned in paragraph honors. (8) of this article. "in paragraph 8, after the word" its "insert the words" and former holders of the share capital of the Bank, which had been prepared as provided for in art. 156 paragraph 1. (3) where the latter have a debt towards the Bank resulting from the cancellation of its actions, ".
12. Article 3(3) 3817: letter e) shall read as follows: "(e) deposits of legal persons) and unincorporated enterprises;" paragraph is completed with the letter f) with the following contents: ") claims. 3811 para. (3) (a). f) and (g)), in the order. "
Art. III.-Law nr. 1134/1997 relating to public limited companies (republished in the Official Gazette of the Republic of Moldova, 2008, no.1-4, art. 1), with amendments and additions thereto, shall be read as follows: 1. In the text of the law, the expressions "extract from the register of shareholders," "extract from the register of holders of securities", "extract from the register of holders of securities of the company," "extract from the register of holders of securities of the company" in any grammatical form, shall be replaced with the phrase "extract from the securities account" to form proper grammar.
2. In article 11: paragraph 3 shall read as follows: "(3) the offeree company's securities are recorded in the registry of issuers of securities, given by the National Commission of Financial Market, and shall be entered in the accounts at the central depository of securities (hereinafter-the central depository), established under the terms of the law No. 234/2016 and in accordance with its rules. "in paragraph 31, the words" in the State Register of securities in the register of holders of securities of the company "shall be replaced with the words" in accordance with paragraph 1. (3)”.
3. In article 12, paragraphs (4) and (5) shall be repealed.
4. In article 13, paragraph 5, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities".
5. Article 15: paragraph (1), the words "All class actions, regardless of the issue, have the same number of State registration." is excluded;
(72) the words "the person who ensures the keeping of the register of holders of securities of the company" shall be replaced with the words "central Depository".
6. Article 17 shall read as follows: "Article 17.  Entries in the accounts and records of the central Depository (1) the company shall be obliged to submit the necessary documents to the central Depository in order to carry out entries in its accounts and records, and the Central Depository ensures keeping of accounts and records until the termination of the company's securities from the registry of issuers of securities.
(2) the company and the central depository does not respond for damages caused to persons registered in its accounts in connection with the failure by such persons to information about modifying their data. "
7. Article 18 shall be repealed.
8. Article 7 (1), the words "register of shareholders" shall be replaced with the words "central Depository accounts and records or the guardian";
paragraph 4 shall read as follows: "(4) the procedure for issuing the extract from securities and requirements in relation to it shall be laid down by the central Depositary."
9. Articles 20 to 23 shall be repealed.
10. Article 261: in paragraph 5, the words "the Registrar" shall be excluded;
in paragraph 6, the words "the Registrar" shall be replaced with the words "central Depository or the person holding custody of securities";
in paragraph 7, the words "the Registrar" shall be replaced with the words "central depository or the person holding custody of securities".
11. In article 27 paragraph 8 (e)), the words "the Registrar" shall be replaced with the words "central Depository or the person holding custody of securities".
12. In article 29 (1) (a)), the words "the person who shall keep the register of shareholders" shall be replaced with the words "central depository".
13. Article 32: (5): in the introductory part, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities";
the letter a), the words "in the State Register of securities" are mutually exclusive;
article is supplemented with paragraph (6) with the following contents: "(6) the National Commission of Financial Market will inform the central depository of changes have been made for their introduction into its accounts and records."
14. Article 38: the name, the words "register of shareholders" shall be replaced with the words "central Depository accounts and registers";
paragraph 1: in the introductory part, the words ' the State ' are mutually exclusive;
in subparagraph (d)) shall be repealed;
(4): in the introductory part, the words ' the State ' are mutually exclusive;
(b)) shall be repealed;
the letter c), the words "the State Register of securities" shall be replaced with the words "register of issuers of securities";
paragraph (5) shall read as follows: "(5) the company shall, within 15 days from the date of registration of the shares placed the society is obliged to submit the necessary documents for the central Depositary the effectuation of the first registrations." in paragraph 6, the words "register of shareholders" shall be replaced with the words "central Depository accounts and records".
15. In article 40, paragraph 7 the words "register of shareholders" shall be replaced with the words "central Depository accounts and records".
16. In article 42, paragraph 6, the words "register of shareholders" shall be replaced with the words "central Depository accounts and records".
17. Article 44: in paragraph 2, the words ' the State ' are mutually exclusive;
in paragraph (10) shall read as follows:

"(10) additional Entries on the issue of shares shall be made in the accounts and records of the central Depository on the basis of certificates of securities, issued by the National Commission of Financial Market, and the list of subscribers for shares of the issue in question."
18. Article 45 (7): in the introductory part, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities";
the letter "e"), the word "Registrar" shall be replaced with the words "central depository".
19. In article 49, paragraph 4, the words "register of shareholders" and "that register" shall be replaced with the words "central Depository accounts and records".
20. Article 54: in paragraph 1, the words "the person who shall keep the register of shareholders of the company" shall be replaced with the words "central depository";
in paragraph 3, letter e) is repealed;
paragraphs (4) and (41) shall be repealed.
21. Article 55: in paragraph 11 (a)), the words "register of shareholders" shall be replaced with the words "central Depository accounts and records or the guardian";
in paragraph 6, the words "its records documentation" shall be replaced with the words "its accounts and records".
22. In article 56, paragraph 2, letter f), the words "registered in the register of holders of the values" shall be replaced with the words "made with values".
23. In article 57: (3) shall be repealed;
in paragraph 4, after the word "contract" insert text ", the Act issued by the central depository custodian times";
in paragraph 7, the words "the person who shall keep the register of shareholders shall" shall be replaced with the words "central depository is obliged".
24. In article 58, paragraph 2, the words ' (company Registrar) "is excluded.
25. In article 59 paragraph (51), the words "register of shareholders" shall be replaced with the words "central Depository accounts and records".
26. In article 60, paragraph 3 shall be repealed.
27. In article 65, paragraph 2, letter e) is repealed.
28. In article 70 paragraph 7, the words "the Registrar" shall be excluded.
29. In article 79 (7), the words "register of holders of securities" shall be replaced with the words "central Depository accounts and records".
30. In article 80, paragraph 7, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities".
31. Article 81: in paragraph 8, the words "its shareholders register" shall be replaced with the words "central Depository accounts and registers";
in paragraph 10, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities".
32. In article 84, paragraph 3, the words "register of shareholders" shall be replaced with the words "central Depository accounts and records".
33. Article 89: in paragraph 4, the words "the Registrar company and ' are mutually exclusive;
in paragraph 5, the words "the Registrar of the company" shall be excluded.
34. Article 92 (1): the letter d), the words "with the Registrar," is excluded;
the letter j), the words "registered in the register of holders of the values" shall be replaced with the words "made with values".
35. In article 94, paragraph 8 (a)) and (b)) shall read as follows: ") in the case of criminality, from the time of removal of the securities placed by the companies participating in the merger, from the registry of issuers of securities and the closure of the accounts in the books of the depositary;
b) in the case of absorption, from the moment of their registration in the register of holders of securities and/or laws of formation of the acquiring company to the holders of the securities of the company being acquired, the consequence of the securities placed by the companies being acquired, from the registry of issuers of securities and the closure of the accounts in the books of the depositary. "
36. Article 95: in paragraph 10, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities";
in paragraph 12, the letters a and b)) shall read as follows: ") in the case of the Division, from the time of removal of the securities placed by the company from the register of issuers of securities and the closure of the accounts in the books of the depositary;
b) in the case of separation of the operation changes in the register of issuers of securities, and the instruments of incorporation of the company reorganized and closure of the accounts in the books of the depositary. "
37. Article 981: under paragraph (1), letter a) shall read as follows: ") did not meet the requirements laid down in article 21. 38; "in paragraph 3, the words" the State Register of securities "shall be replaced with the words" central Depository accounts and registers ";
in paragraph 4, the words "the State Register of securities" shall be replaced with the words "register of issuers of securities, and the central depository will close the accounts in its records".
Art. IV.-Law nr. 192/1998 relating to the National Commission of Financial Market (republished in the Official Gazette of the Republic of Moldova, 2007, nr. 117-126 BIS), with amendments and additions thereto, shall be amended as follows: 1. Article 8: the letter h), the words "as well as the requirements for the securities holders register and hold mode" is excluded;
the letter k), the words "and the tender concerning the values" shall be replaced with the words "stock";
the letter m), the words "the State Register of securities" shall be replaced with the words "register of issuers of securities".
2. In article 9, paragraph 1, letter g) is repealed.
Art. V-the civil code of the Republic of Moldova nr. 1107/2002 (Official Gazette of the Republic of Moldova, 2002, no. 82-86, 661), with amendments and additions thereto, shall be read as follows: 1. In article 157, point f) is repealed.
2. In article 161, paragraph 3, the words "in material form, on paper or" is excluded.
3. Articles 164 and 165 is repealed.
4. In article 170 (2), the words "with the Registrar," is excluded.
5. Article 1606 is completed with paragraph (5) with the following contents:

"(5) the provisions of paragraphs 1 and 2. (1) to (4) shall apply, insofar as they do not contravene the law. 184/2016 regarding the financial guarantee contracts, where the financial guarantee contracts were concluded between the subjects set out in article 11. 3 of the said law. "
Art. Vi.-Article 5 of the law on guaranteeing deposits of private persons in the banking system nr. 575/2003 (Official Gazette of the Republic of Moldova, 2004, no. 30-34, art. 169), with amendments and additions thereto, shall be amended and shall be completed as follows: the letter b), the words "5%" shall be replaced with the text "1%";
Article shall be supplemented with the letter b) with the following content: "b1) quota holders of deposits in the former capital of the Bank, whose shares have been cancelled, according to the provisions of art. 156 paragraph 1. (3) financial institutions act nr. 550/1995 and whose claims resulting from the cancellation have not been settled; "in subparagraphs (c) and (d))), ' and b)" shall be replaced with the text "a, b and b1))".
Art. VII.-Law nr. 419/2006 with regard to public sector debt, State guarantees and on-lending (republished in the Official Gazette of the Republic of Moldova, 2014, no. 397-399, art. 704), with amendments and additions thereto, shall be amended as follows: 1. Article 4 (2): the letter a), the words "entries in the system account" shall be replaced with the words ' the accounts and records of the central Depositary of securities ";
(b)) shall be repealed;
in paragraph 3, the words "Ministry of finance" shall be replaced with the words "central depository of securities".
2. In article 42, paragraph 2, the words ' entries in the accounts at the National Bank of Moldova "shall be replaced with the words ' the accounts and records of the central Depositary of securities".
Art. VIII.-Law nr. 171/2012 relating to the capital market (Official Gazette of the Republic of Moldova, 2012, no. 193-197, 665), with amendments and additions thereto, shall be read as follows: 1. Article 6: after the term "custody" is introducing a new concept with the following content: "central depositary-central depository of securities, acting in accordance with the law. 234/2016 with respect to the central depository of securities "in the term" usufruct over securities ", the words" register of holders of securities is determined by the normative acts of the National Commission "shall be replaced with the words" open the central depository accounts is determined by its rules ".
2. In article 7, paragraph 5 shall be completed in the final text "and entered in the accounts and records of the central Depositary, in accordance with its rules";
in paragraph 6, the words "by the Board" should be excluded, and after the word "prohibited" shall be inserted the words "movement and";
in paragraph 7, the words "register of holders of securities" shall be replaced with the words "open accounts at central depository".
3. In article 8 (16), the words "the person who shall keep the register of debenture holders" shall be replaced with the words "central depository".
4. In article 10, paragraph 2, the words ' in the register of holders of securities, in the manner established by regulatory acts of the National Commission "shall be replaced with the text" the central depository, as established by its rules ".
5. Article 11 (1) and (2) shall be repealed;
in paragraph 3, the words "register of holders of securities" shall be replaced with the words "open accounts at central depository".
6. Article 12 shall be repealed.
7. In article 21, paragraph 3, the words "register of holders of securities" shall be replaced with the words "open accounts at central depository".
8. Article 30: in paragraph 8, the words "the person who shall keep the register of holders of securities" shall be replaced with the words "central Depository or the person holding custody of securities";
in paragraph 9 (a)) and b), the words "the person who shall keep the register of holders of securities" shall be replaced with the words "central depository or the person holding custody of securities".
9. In article 47, paragraph (7) shall be repealed.
10. In article 67: (13) shall read as follows: "(13) the issuer shall furnish the central Depositary the acts necessary to carry out entries in accounts and records thereof, prior to the commencement of trading of the securities on a regulated market." in paragraph (14), the words "register of holders of securities of the issuer held" shall be replaced with the words "its securities have been registered".
11. Article 79: (a) the words "the National Commission, together with the National Bank of Moldova" shall be replaced with the words "the National Bank of Moldova";
in paragraph 4, the words "National Commission" shall be replaced with the words "the National Bank of Moldova and the central Depository rules".
12. in chapter IV, sections 5 and 6 are repealed.
13. In article 139, paragraph 2 is repealed.
14. Article 140: under paragraph (2), subparagraphs (c) and (d))) shall be repealed;
     (10) is hereby repealed.
15. In article 141, paragraphs (3) and (4) shall read as follows: "(3) to the achievement of the tasks of surveillance and control in respect of market operators, regulated markets, MTF, the National Commission shall be entitled to apply the supervisory systems and controls in real time, and they are required to provide their own connection and access systems from electronic system for monitoring and control of the National Commission.
(4) the central securities depository provides access to its electronic system for carrying out the duties of the National Commission for monitoring and control in accordance with paragraph 1. (3).”
16. In article 143, paragraph 1 the words "and of the central depository and those who have authorization to register company" are excluded.
17. In article 147, (65)-(69) is repealed.
Art. IX.-in article 4 (1) (f)) of the law on public procurement No. 131/2015 (Official Gazette of the Republic of Moldova, 2015, nr. 197-205, section 402), with subsequent amendments and additions, the words "as well as" should be excluded, and after the word "banks" insert the words "as well as the contracts of National Bank".

Art. X-law nr. 183/2016 with regard to finality in payment systems and settlement of financial instruments (Official Gazette of the RM, no. 2016, 306-313, art. 653) is modified and completed as follows: 1. In article 3: (a) point 17), subparagraph (c)) shall read as follows: "(c)) is designated by the National Bank of Moldova that after the system shall ensure that the rules of functioning of the system are appropriate." the article is completed (3) with the following contents: "(3) the central depository of securities obtains quality system operator and manages systems and settlement payments from the date of entry into force of the decision relating to the taking of the central Depository activity, issued by the National Bank of Moldova in accordance with art. 21. (4) of law No. 234/2016 with respect to the central depository of securities. "
2. In article 9: in paragraph 3, the words "and the National Commission of financial market will" shall be replaced with the word "will";
paragraph 4 shall read as follows: "(4) the National Bank of Moldova to conclude cooperation agreements with the relevant authorities of the State in which the foreign participants to systems designated in accordance with this law, are established in order to be informed, in a timely manner, of any insolvency proceedings instituted against these participants. For the purposes of this law, the time of the insolvency proceedings against filing for foreign institutions shall be deemed to be the time at which the relevant foreign authority shall immediately inform the National Bank of Moldova. National Bank of Moldova will proceed in accordance with paragraph 1. (3) in relation to insolvency procedure instituted against foreign participants. "
3. Article 13: paragraph (1), the words "and the National Commission on financial markets" are mutually exclusive;
in paragraph 2, the words "and the National Commission of Financial Market to maintain and update their official web pages" shall be replaced with the words "maintain and keep updated on its website a second official language";
in paragraph 3, the words "and the National Commission of Financial Market" should be excluded, and the word "pursue" shall be replaced with the word "aims".
4. In article 14, the words "and by the National Commission on financial markets" are excluded.
Art. XI.-Law nr. 234/2016 with respect to the central depository of securities (Official Gazette of the RM, no. 2016, 343-347, 711) is modified and completed as follows: 1. In article 2, the term ' holder of securities "shall read as follows:" holder of securities-the natural or legal person who holds securities on the basis of the property that has the quality of participant's or client of the central Depository and on whose behalf the central depository participant or take records of these securities in the form of entry; ".
2. In article 4: (6), ' lit. b)-d) "shall be replaced with the text" lit. b)-(e)) ";
article is supplemented with paragraph 8 with the following contents: "(8) where, at the subscription of shares issued by central depository, those laid down in paragraph 1. (4) (a). b)-e) requires to become a cumulative more than 24% of the shares issued by central depository share shares subscribed will be reduced proportionately for each underwriter to comply with paragraph 1. (5).”
3. In article 6, the words "in the exercise of their duties" shall be replaced with the words "The services".
4. In article 7, the word "judicial" shall be replaced with the word "justice".
5. In article 20 paragraph 1 letter c), the words "normative acts of the National Bank of Moldova" shall be replaced with the words "this Act".
6. In article 23, paragraph 3, point b), the words "a member of the governing bodies," are mutually exclusive.
7. In article 25, paragraph (2) shall be completed in the final text "and in what part of the record and the register of securities-and with the National Commission of Financial Market".
8. In article 27 (1), the words "it is possible" shall be replaced with the words "shall be made".
9. In article 33 (1), the words "this Act" shall be replaced with the words "decision initiating the central Depository activity, issued by the National Bank of Moldova in accordance with art. 21. (4),”.
10. Article 41 shall be supplemented by paragraphs (5) and (6) with the following contents: "(5) the Government and subordinated institutions will ensure the free access of the information system of the central Depository in the State Register of population, State Register of establishments governed by real securities, the securities Register and other information resources of State (6) from the date of the initiation of the work of the central Depository in accordance with the decision of the National Bank of Moldova issued pursuant to art. 19 para. (1) the National Commission of financial market will ensure access to the register of central Depository of securities issuers. "
11. In article 46: (4) and (5) shall read as follows: "(4) the companies registry and the issuers which maintain securities holders register independently are required to forward to the central Depositary, established in accordance with this Act, the records of holders of securities and complete documentation, including history, in electronic form and on paper within 6 months: a) from the date of entry into force of the decision relating to the taking of the central Depository activity, issued by the National Bank of Moldova in the case of securities of entities of public interest;
b) 12 months after the date of entry into force of the decision relating to the taking of the central Depository activity, issued by the National Bank of Moldova in the case of securities admitted to trading entities in the framework of a multilateral trading system;
c) 24 months after the date of entry into force of the decision relating to the taking of the central Depository activity, issued by the National Bank of Moldova in the case of securities issued by joint-stock companies, other than those referred to in (b). a) and subparagraph (c). b).

(5) the National Bank of Moldova has the right to establish, through its normative acts, a longer period than that indicated in paragraph 1. (4) for the purposes of the transmission of registers of holders of the securities central depository, but not more than 24 months from the expiry date for each term as referred to in paragraph 1. (4).”
article is supplemented with paragraph (51) with the following contents: "(51) joint-stock Company has the right to submit the register of holders of securities issued by the date of entry into force of the decision relating to the taking of the central Depository activity, issued by the National Bank of Moldova. To exercise this right, the company registry is obliged to forward to the central Depository of securities holders register and complete documentation, including history, in electronic form and on paper, in a period not exceeding 90 calendar days from the date of submission of the application by the public limited company. "in paragraphs (6) and (7), the words" paragraphs 1 and 2. (4) and (5) "shall be replaced with the words ' paragraphs 1 and 2. (4) to (51) ";
paragraph 8 shall read as follows: "(8) transmission of registers of holders of securities in accordance with para. (4) to (51) shall be carried out under the supervision of the National Commission of Financial Market, under the following conditions: 1) within 2 months from the date of entry into force of the provisions of this paragraph, the National Commission of Financial Market, in consultation with the National Bank of Moldova, will approve the procedure for checking the records of holders of securities, which will contain a description of at least the following aspects : a) checking made by the National Commission of Financial Market by setting face data from the registers of the registry with data held by the National Commission of Financial Market data, held by custodians and issuers of securities;
b) produced by checking the issuer of securities and of the National Commission of Financial Market, which will include the process:-notification of the issuer of securities, in written form, to the holders of securities of the issuer in respect of the securities held by them;
-conduct, by the National Commission of Financial Market, a public information campaign to confirm the integrity and legality of the entries in the registers of the registry, as well as steps to be întreprinși by the holders of securities in case of detecting any discrepancy;
2) expenditure relating to the organisation and deployment of public information campaign will be financed from the State budget and from other sources.
3) National Commission on financial markets and the relevant issuer shall, in accordance with the procedure referred to in paragraph 1), the registers of holders of the securities until their transmission in accordance with para. (4) to (51);
4) within 9 months from the date of entry into force of the provisions of this paragraph, the National Commission on financial markets and the relevant issuer will check the data in the registers of companies registry related financial institutions and insurance companies in accordance with the procedure referred to in paragraph 1);
5) disparities between the data in the registers of the registry and any other document with legal value (legal documents, data from the records of custozilor, the database of the National Commission of financial market or other similar documents) are removed from a register under the supervision of the National Commission of Financial Market or, at the request of the party concerned, are to be addressed by the Court;
6) examination discrepancies from the register of holders of securities by the Court does not prevent the transmission of the registry concerned to the central depository. The Court is not entitled to suspend or stop the transmission of registers of holders of the securities central depository. "article is completed (81) with the following contents:" (81) for the purpose of enforcing the provisions of paragraphs 1 and 2. (8) the Government and subordinated institutions will provide free access to the National Commission of financial market from the State Register of population, State Register of establishments governed by real securities, the securities Register and other information resources State. "in paragraph (9) shall read as follows:" (9) on the transmission of registers of holders of securities in accordance with para. (4) to (51), the companies registry and the issuers which maintain securities holders register in its own right: a) will certify the accuracy and completeness of data;
b) will bear administrative liability, civil and/or criminal sanctions for the loss of integrity and/or the accuracy of the data and documentation submitted by the central Depositary. "in paragraph 10, the words" paragraphs 1 and 2. (4) and (5) "shall be replaced with the words ' paragraphs 1 and 2. (4) to (51) ";
at paragraph 11, after the words "shall cease to" insert text "within 6 months";
paragraphs (12) and (13) shall read as follows: "(12) Operations of clearing and settlement for securities registered in the system for inclusion in the accounts, in accordance with the law. 548/1995 regarding the National Bank of Moldova shall: (a)) by the National Bank of Moldova till the date of the initiation of the work of the central Depositary, pursuant to the decision of the National Bank of Moldova issued pursuant to art. 19 para. (1);
b) by central depository-from the date of the initiation of the work of the central Depositary, pursuant to the decision of the National Bank of Moldova issued pursuant to art. 19 para. 1. (13) Operations of clearing and settlement for securities admitted to trading on a regulated market or a multilateral trading system is carried out by central depository under this law and within the period laid down in paragraph 1. (11). central depository holds what licence issued in accordance with the law. 171/2012 relating to the capital market will transmit the complete documentation, including history, in electronic form and on paper, which relates to entries in the program (software), the central depository of securities. "the article is supplemented with paragraph (131) with the following contents:

"(131) juridical persons, in accordance with the situation at the date of entry into force of this law to hold a licence or authorization of the central Depository company register have the right to obtain a licence for the activity on the stock market, according to law No. 171/2012 relating to the capital market, without fee for the issue of the licence. "
12. The Act is supplemented by article 47 with the following content: "Article 47. Countervailing measures (1) financial Claims which may derive from the application of article 81(3). 46 para. (10) and (11) shall be submitted to the State Chancellery, together with supporting documents, within up to 6 months from the date of entry into force of the provisions of this article.
(2) Claims submitted under paragraph 1. (1) are examined within 60 days from the date of a Commission, and rules of nominal composition of which shall be approved by the Government.
(3) the Commission shall consist of 7 members and is headed by a Chairman. The Commission will include representatives of the Ministry of Justice (the Chairman and the Secretary of the Commission), the National Bank of Moldova, the National Commission of Financial Market, the Ministry of finance, Ministry of economy and the State Chancellery (4) the Commission shall examine the documents submitted and shall, where appropriate, additional information and data. Before the presentation of the information/data required, the examination referred to in paragraph 1. (2) should be suspended.
(5) the Commission shall adopt a reasoned decision regarding the rejection of claims of times accepting all or part of them. In the case of total or partial acceptance of the claims, the Commission decision shall enter into force after its approval by the Government. Compensation will be paid from the State budget within a period of up to 6 months after the approval by the Government of that decision.
(6) the Commission's decision may be challenged in court under the provisions of the law on administrative courts no. 793/2000. Until the final settlement of the case shall not be suspended the execution of the documents prepared according to the provisions of art. 46. (7) the Commission's decision in the case of cancellation, all products shall be maintained pursuant to this Act, and the remedial action that may be ordered by the Court is limited only to the payment of compensation. "
Art. XII.-Law nr. 232/2016 relating to redress and resolution of banks (Official Gazette of the RM, no. 2016, 343-346, art. 707) is modified and completed as follows: 1. In article 2 (1) point 47), the words "concerning the law" are excluded.
2. In article 42 (1), after the words "due to" insert the words "inter alia".
3. In article 59, paragraph 1 (e)) should be filled in with text "or when the shares representing at least 50% of the share capital of the Bank have been cancelled pursuant to the provisions of art. 156 financial institutions act nr. 1800/1995 ".
4. Article 61: (1) the letter f) shall read as follows: "(f)) without prejudice to the other provisions of this law, creditors of the same class are treated equally, with the exception of creditors who are holders of substantial odds in the share capital of the Bank, the former owners of the share capital of the Bank, which had been prepared as provided for in art. 156 paragraph 1. (3) financial institutions act nr. 550/1995 and whose resultant from debt cancellation of shares has not been honoured, the members of the management body of the Bank, the Commission of audit, Chief Accountant of the Bank and the affiliated persons of these categories of persons, as determined in accordance with the law on such financial institutions no. 1800/1995; "article is completed with paragraph 11 with the following contents:" (11) The provisions of paragraphs 1 and 2. (1) (a). f), the operator of temporary and special administrator, appointed by the National Bank of Moldova according to the provisions of article 7. 46 respectively art. 66, are not considered members of the governing body of the Bank. "
5. In article 104, the word "including" shall be replaced with the word "including".
6. In article 105, paragraph 3, point b), the word "is" shall be replaced with the words "may be".
7. In article 129, paragraph 2, the words "the provisions" shall be replaced with the text ". 91. "
8. In article 218, paragraph 3, after the words "private property" shall be inserted the words "the rule".
9. In article 228 b), the word "Bank" shall be replaced with the word "Bank".
10. Article 244, the words ' the provisions of art. 24-243 "shall be replaced with the words ' the provisions of art. 241-243 ".
11. In article 248 b), the words "art. 2 of this law "shall be replaced with the text" no law. 183/2016 with regard to finality in payment systems and settlement of financial instruments ".
12. In article 250, paragraph 2, the words "art. 2 of this law "shall be replaced with the text" no law. 183/2016 with regard to finality in payment systems and settlement of financial instruments ".
13. In article 254, the text "art. 2 of this law "shall be replaced with the text" no law. 183/2016 with regard to finality in payment systems and settlement of financial instruments ".
14. In article 316 paragraph 1 letter d), the words "up to the equivalent in lei of MDL 1 million" shall be replaced with the words "up to one million lei".
15. In article 318 (1), the word "establish" shall be replaced with the word "noted".
16. In article 321 paragraph 1 g), the words "to pay" shall be replaced with the words "to pay".
Art. XIII.-Art. IX of law No. 233/2016 for the modification and completion of some legislative acts (Official Gazette of the RM, no. 2016, 343-346, art. 709) is repealed.
Art. XIV.-(1) Art. I, point 1-3 and 5-8, art. II, point 1 and point 2, 4-6, 8, 9, 11 and 12, art. VI, art. IX-XIII and art. 14TH para. (3) to (7) come into force on the date of publication of this law.
(2) Art. I, section 4, art. II, point 3 and 10, art. V, art. VII shall enter into force on 30 March 2018. Art. III, art. And article IV. VIII shall enter into force on the date of March 30, 2020. From the date of the transmission of register of holders of securities by the central depository of securities holders register keeping of securities shall be made in accordance with the law. 234/2016 with respect to the central depository of securities and its rules.

(3) by way of derogation from article. 11(2). (3) and (31), art. 12(3). (4) and (5), art. 17, art. 18-23, art. 32 para. (5), art. articles 22 to 38. 42 para. (5), art. 44 para. (2) and (10), art. 45 para. (7), art. 54 paragraph 2. (1), art. 80 para. (7), art. 81 paragraphs 1 and 2. (8) and (10) of law No. 1134/1997 relating to companies limited by shares, from art. 6 paragraph 1. (1) (a). a) and b), and article 16. 8 lit. m) and o) of law No. 192/1998 concerning the National Commission for financial market, from art. 7 para. (7) and paragraphs 1 and 2. (9) to (11) and art. 85-88 of law No. 171/2012 capital market: a) transferable securities issued by the central depository of securities as well as changes related to conversion, consolidation or subdivision thereof are not subject to state registration by the National Securities Commission;
(b) to issue securities) by the central depository of securities are not charged fees indicated in art. 6 paragraph 1. (1) (a). a) and b) of law No. 192/1998 relating to the National Commission of Financial Market;
c) registration and records of the securities issued by the central depository of securities is carried out by him in his accounts and records in accordance with the law. 234/2016 with respect to the central depository of securities and its rules;
d) entries relating to securities issued by the central depository of securities account statement and release shall be carried out in accordance with the law. 234/2016 concerning central depository of values and with its rules;
It's central Depository shareholders) list of securities shall be drawn up by it in accordance with its procedures;
f) activities referred to in c)-e) does not require the possession of authorisation to register company by the central depository of securities.
(4) the provisions of art. Section 7 of this Act concerning the amendment of art. 28 para. (1) of the law on financial institutions no. 550/1995 shall enter into force on the date of publication of this law. Provisions of art. Section 7 of this Act concerning the amendment of art. 28 para. (3) financial institutions act nr. 550/1995 enters into force on 1 July 2017.
(5) the date of entry into force of the provisions of art. Section 7, violating its maximum limits in relation to exposures to affiliated persons, established by the National Bank of Moldova Regulation pursuant to article 5. 28 para. (1) (a). a) and b) of the law on financial institutions no. 550/1995, will present the National Bank of Moldova, under the conditions and time limits set out, an action plan for a period of 24 months, which will include measures of compliance with prudential limits in question. During those 24 months, the provisions of art. 28 para. (3) financial institutions act nr. 550/1995 are not applicable in relation to exposures that exceed the maximum limits, regarding the Bank's exposures in relation to its affiliated persons, established by the National Bank of Moldova regulation and assumed until July 1, 2017.
(6) the provisions of paragraphs 1 and 2. (5) of this article shall not preclude the application of the National Bank of Moldova, of the other measures and/or sanctions under art. 38 financial institutions act nr. 550/1995.
(7) legal persons who, at the date of entry into force of the decision of the National Bank of Moldova regarding the taking up of the activity of the central Depositary of securities issued in accordance with art. 19 of law No. 234/2016 with respect to the central depository of securities central depository holding the licence or permit to register company operate until the expiry of the time limits laid down in article 21. 46 para. (4) to (51) of law No. 234/2016, in accordance with the normative acts of the National Commission of Financial Market, with the exceptions laid down by this law.