Amending And Supplementing The Regulation On How The Lease Of Unused Assets

Original Language Title: pentru modificarea şi completarea Regulamentului cu privire la modul de dare în locaţiune a activelor neutilizate

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5966834/pentru-modificarea-i-completarea-regulamentului-cu-privire-la-modul-de-dare-n-locaiune-a-activelor-neutilizate.html

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Under Article II of the Law no.204 of 12 July 2013 amending Law No 121-XVI of 4 May 2007 on the management and privatization of public property (Official Gazette of the Republic of Moldova, 2013, No. 186, art.607 ), as amended and supplemented, the Government DECIDES:
Regulation on how the lease of unused assets, approved by Government Decision nr.483 of 29 March 2008 (Official Gazette of the Republic of Moldova, 2008, no.69 -71, art.460), is amended and supplemented as follows:
1) throughout the text, the words "public institution" is replaced by "authority / public institution self-managed" and the phrase "budgetary institutions "is replaced by" authority / budgetary institution "in corresponding grammatical form;
2) in point 1, the phrase "means assets, equipment, vehicles, other fixed assets" is replaced by "fixed assets and other assets, except land";
3) Section 4 reads as follows:
"4. The funds obtained from the lease of unused assets (excluding authorities / institutions budget) after their lease related expenses, were used to pay company debts to the national public budget to pay salaries and arrears. The funds remaining after these payments are investing in enterprise development at its board's decision. "
4) Section 6 reads as follows:
"6. Self-management businesses include revenues and expenses related to the letting of the financial results, which are reflected in the statement of income and taxed in accordance with legislation. "
5) Item 7:
words "transmission is carried into rooms" are replaced by "spaces are transmitted through bailment"
Words "they belong" is replaced by "holding in administration / management."
6) in section 8, the first paragraph is supplemented by a sentence as follows:
"The agreement issued by the competent authority shall indicate the object (the name property), which accepted the lease term contract area real estate , their intended use and size of annual rent. "
7) is filled with section 121 as follows:
"121. The term of the tenancy of real estate enterprises of state / municipal and commercial companies with public capital or a majority of the industrial park can not exceed the deadline for which was awarded the title of industrial park. "
8) Section 15 is repealed.
9) in section 16, first paragraph reads as follows:
"16. Competent authority, in accepting the conclusion of the lease agreement with the applicant lease, previously selected enterprise through direct negotiations, while releasing the lease agreement, will record the respective leasing contracts projects in a register. Keep register electronically or manually. Each a copy of the draft contract is attached to the copy of the agreement and on the first page of the draft lease contract or project changes indicate its registration number and its date stamped and authority. "
10) Item 19:
words "baseline balance, wear accounting" is replaced by "cost of entry, book value, wear / amortization"
Is supplemented by a paragraph as follows:
"After the termination of the lease term, the lessee is obliged to ensure the return of the property / goods, by drafting the act of Acceptance";
11) in section 20, paragraph two, the words "will be included in the authority empowered (the state company or member of the Board of Directors from that authority)" is replaced by "will be included in the proposed authority empowered" ;
12) in paragraph 22 b) the words' mandatory clauses of the bill or lease agreement "shall be excluded;
13) Annex to the Regulation:
1) in section 2.1., The words "cost balance" is replaced by "book value" and the words "fixed assets" is replaced by "fixed";
2) Section 3.1. reads as follows:

"3.1. For the period of validity of the contract, the amount of rent is determined by the size ______lei, according to the calculation which is part of the tenancy. The amount of rent does not include value added tax. "
3) is supplemented by point 3.5. as follows:
'3.5. If the coefficients set value change of budget law for determining minimum amount of rent public property, the lessor is entitled to change the rent by issuing supplementary agreement. "
4) 6.1. The word "record" is replaced with the word "consent".

Paul PRIME MINISTER FILIP