On Amending And Supplementing Regulation On Voting Rights, And Registration Of The Transfer Of Ownership Of Shares Of Banks, Approved By The Decision Board Of The National Bank Of

Original Language Title: cu privire la modificarea şi completarea Regulamentului cu privire la calculul drepturilor de vot şi înregistrarea transferului dreptului de proprietate asupra acţiunilor băncilor, aprobat prin Hotărîrea Consiliului de administrație al Băncii Naționale a

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364341

on amending and supplementing of the voting rights,
and
registration of transfer of ownership of the shares of banks, approved by Council Decision
of Directors of the National Bank of Moldova no.130 of July 4 2013


Posted: 04/15/2016
in the Official Gazette

Nr. 100-105
Article Number: 613

COORDINATED


by Signing Protocol of the National Commission of Financial Market
No. 9/11 of March 3, 2016

REGISTERED: Ministry of Justice


of Moldova no. 1108 of April 8, 2016 ________ Minister Vladimir CEBOTARI





Pursuant to art. 5 paragraph. (1) d) Article 11 paragraph. (1), 27 and 44 letters a) of Law No. 548-XIII of 21 July 1995 on the National Bank of Moldova (republished in the Official Gazette of the Republic, 2015 nr.297-300, art.544), art.15-156 and art. 40 of the Law on financial institutions no.550-XIII of 21 July 1995 (republished in the Official Gazette of the Republic of Moldova, 2011, nr.78-81, art. 199), as amended and supplemented, the Executive Board of the National Bank of Moldova | ||
DECIDES:

Regulation on voting rights, and registration of the transfer of ownership of shares of banks, approved by the Decision Board of the National Bank of Moldova no.130 of 4 July 2013 (Official Gazette of the Republic of Moldova, 2013, no. 198-204, art.1420), registered with the Ministry of Justice of Moldova on 22 august 2013 934, is amended and supplemented as follows:
1) in section 7 paragraph 2) the words "5% "substitute the words" significant interest ";
2) in paragraph 12 the words "a personal account to another account and entries in the system registry" is excluded;
3) in section 14 the words "the registrar / nominal holder" is replaced by "the person who keeps the register of holders of securities or the person performing the custody of securities on behalf of the client";
4) Section 15 shall read as follows:
"15. For registration of the transfer of ownership of shares of banks, regardless of the quota referred to documents presented to the person who keeps the register of securities holders person performing custody of securities in the client's name will be attached, necessarily, three copies of the statement on the existence or inactivity concerted natural or legal person who intends to acquire a shareholding in the bank's capital, according to Schedule 1 or, where applicable, Annex 2 to this Regulation. The declaration will be signed directly by the individual or, where applicable, the legal representative of the legal entity that intends to acquire a shareholding in the capital of the bank to authenticate the signature of the person who keeps the register of securities holders person performing securities custody on behalf of the client who has registered ownership of shares of the bank concerned. Within three days from the date of registration of ownership, the person who keeps the register of securities holders of the person performing the custody of securities on behalf of the client will send the National Bank and Bank-issuing of shares with letters, one copy of the declaration. The expenses of sending letters and those statements will be borne by the natural or legal person who intends to acquire a shareholding in the capital of the bank. "
5) Annex 1:
a) the name to read as follows:

DECLARAŢIEprivind existence or absence of concerted activity
individual who intends to acquire a shareholding in the bank's capital ";

B) the first paragraph reads as follows:

"________________________________________________ Undersigned, residing in __________________________________________, mailing address _______________________________, __________________ phone, fax ________________, holder of the ID type _____________________ series ____________ No .________ issued by _______________ ___________ on valid until the date of ____________ , as the natural person who intends to acquire a shareholding in the capital of the bank ______________________ holder of the number of shares ___________ units, which represent a participation share in the bank's capital in the amount of ______%, and according ______________________________________________________________________________
(Specify name, number and date of the document proving ownership of a participation share in the bank's capital)
bank will hold shares in the number of _______, which will be a ________________% of the share capital of bank and ____________% of the voting rights, hereby declare the following: ";
C) after "Corporate: ___________________" text "and we hold together" is replaced with the text "And together we will hold";
D) after "Specify the provisions of existing agreements with other shareholders regarding the bank: _________________________________________" is completed with a new paragraph as follows:
"Where appropriate, specify person / contact them (provided that it / they possess state language of the Republic of Moldova) indicating the following information:
______________________________________________________________ (complete name)
______________________________________________________________ (work)
______________________________________________________________ (function)
contact address: _____________________________________ , _________ phone, fax ______ "
E) after the word "signature" is filled with the word "person";
6) Annex 2:
a) the name to read as follows:

"DECLARAŢIEprivind existence or absence of concerted activity
legal person who intends to acquire a shareholding in the bank's capital";

B) the first paragraph reads as follows:
"________________________________________________ undersigned, residing in ____________________________________________________, mailing address _________________________, ________________ phone, fax ________________, holder of the ID type _____________________________________ ___________ No .______________ series issued by ___________________ _________________ on valid until the date of ________________________, as the legal representative of the legal person _____________________________ no. ___________________________ IDNO, which intends to acquire a shareholding in the bank's capital ____________________ holder of the number of shares ___________ units, which represent a participation share in the authorized capital in the amount de______%, and according _______________________________________________________________________________
(indicate name, number and date of the document proving ownership of a participation share in the bank's capital)

Bank will hold shares in de______________________ number, which will be a ________% of the share capital of the bank and _____% of the voting rights, hereby declare the following: ";
C) after "Corporate: ____________________" text "and we hold together" is replaced with the text "And will hold together";
D) after "Specify the provisions of existing agreements with other shareholders regarding the bank: ______________________________________________________________" is completed with a new paragraph as follows:
"Where appropriate, specify person / contact them (provided that it / they possess state language of the Republic of Moldova) indicating the following information:
_______________________________________________________________ (complete name)
_______________________________________________________________ (work)
________________________________________________________________ (function)

Contact address: _____________________________________, _________ phone, fax ______ "
E) after the word "signature" is filled with the words "legal representative of the person."