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With Regard To The Withdrawal Of The Licence Of Investment Company Limited-Company "broking-Vm"

Original Language Title: cu privire la retragerea licenței de societate de investiții Societății pe acțiuni „BROKING-VM”

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    As a result of non-execution by the company limited by shares "BROKING-VM" point 3 of the decision of the National Commission of Financial Market nr. 37/14 of 22.07.2016 "about the action to suspend the licence of the company limited by shares" BROKING-VM ' "(Official Gazette of the Republic of Moldova, 2016, no. 232-244, 1236), as well as non-compliance with the provisions of article 40 paragraph 2. (16) of law No. 171 of 11.07.2012 "capital market" (Official Gazette of the Republic of Moldova, 2012, no. 193-197, 665) in accordance with article 1 para. (1), art. 3, art. 4, art. 8 lit. (b)). c) and subparagraph (c). f), art. 9 para. (1) (a). (d)), article 21 paragraph 1. (1), article 22 para. (3), art. 25 para. (2) of law No. 192-XIV of 12.11.1998 "Concerning the National Commission for financial market" (republished in the Official Gazette of the Republic of Moldova, 2007, nr. 117-126 BIS), art. 1 (1). (1) to (3), article 141 para. (14), art. 144 paragraph 1. (7), art. 146 paragraph 1. (1) of law No. 171 of 11.07.2012 "capital market", the regulation on licensing and authorization on the capital market, approved by the decision of the National Commission of financial market nr. 56/11 of 14.11.2014 (Official Gazette of the Republic of Moldova, 2015, 1-10, art. 11), the NATIONAL COMMISSION of FINANCIAL MARKET DECIDES: 1. Withdraw the license of the company limited by shares "BROKING-VM" investment company B series NCFM 000817 awarded to 15.03.2015 indefinitely.
2. Prescribe the company's leadership actions "BROKING-VM" ensuring compliance with the provisions of the legislation related to unconditional cessation of professional due to withdrawal of the licence to carry out the activity on the capital market, including: 2.1. information, within 15 working days from the date of entry into force of this judgement, the customer with which the company shares "BROKING-VM" has concluded contracts for capital market intermediation about termination of their contracts and the necessity of removal of assets held in custody at stock BROKING Company "-VM";
2.2. ensuring the transmission of customer assets held in custody as follows: a) investment company commercial bank "Victoriabank" S.A. for enrolment in the register of shares issued to clients of 4093 commercial bank Moldova-Agroindbank S.A. in accordance with the instrument permitting enforcement no.2-3802/2013 from 29.05.2013, issued by the Court. Chisinau Centru, and conclusion of the bailiff on the implementation of measures to ensure action no. 023-230/13 from 29.05.2013, with informing the bailiff; 
b) which are applied to other prohibitions, licensing bodies and persons authorized in accordance with national law, of which it was applied the prohibitions in question;
c) which are not applied to the prohibition, at the disposal of the client;
2.3. ensuring preservation under the legislation, all information held on paper and in electronic form about the work carried out on the capital market;
2.4. Insurance Company's leadership actions "BROKING-VM" until the deletion from the register of licences or permits for the work on the capital market. 
3. Where the clients of the company limited by shares "BROKING-VM" does not, within 30 days from the date of expiry of the time limit set in point 2.1. in this decision, to withdraw securities from custody, it will be deemed accepted their transmission in personal accounts opened in the registers of holders of securities, stock Company "BROKING-VM" and other persons licensed and authorized capital market will ensure the execution of the operations concerned within a period of 10 days, including observing, 2.2. Letter b) of this decision and maintain the prohibitions applied under the laws in the case of the seized shares.
4. Joint-Stock Company "BROKING-VM" will inform the National Commission of financial market periodically (every 10 working days) about actions taken to enforce this judgement, enclosing confirmative documents.
5. reminds the Company limited by shares "BROKING-VM" that, in the event of the given decision, to be applied necessary measures prescribed by law.
6. control of the execution of the given decision is put in charge of the General securities supervisory authority.
7. this decision shall enter into force on the date of its adoption, shall be published on the official website of the National Commission of financial market (www.cnpf.md) and in the Official Gazette of the Republic of Moldova.