MODIFIED HCNPF5/1, MO50-59 10.02.17/17.02.17 art. 217; in force under the Ordinance the Commission 10.02.17 National financial markets (C.N.P.F.) No. 39/1-a from 29.07.20161 and Order C.N.P.F. Vice President no. 43/2 of the 29.07.2016, was performed a complex control on compliance with the legislation in the field of capital market by the company registry "Registry-Fair" JSC (hereinafter Registrar) for the period of 01-30.07.2016 activity, in which were found the following.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 "Monitorul Oficial" of the Republic of Moldova No. 2016, 256-264, 1296 In supervised period the Registrar has entered the service under licence No. 000566 from 10.02.2010, valid until date of 10.02.2015, and of the authorisation no. 0008 from 06.02.2015 for the right to carry out the basic task of keeping registers of holders of securities and related advice and services concerning corporate relations with term of validity up to 11.02.2020, C.N.P.F. granted by Decision No. 7/14 from 06.02.2015 "With regard to the authorization of the company register company limited by shares-correct" to "register" 2. The capital of the Registrar shall constitute 86344 lei divided into nominative ordinary shares 86344 (ISIN MD14GIST1008) with nominal value of 1 leu per share.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 Official Gazette of the Republic of Moldova, 2015, nr. 33-37, art. 271 during the period of supervision of the Registrar has admitted breaching the provisions of the legislation related to mandatory requirements in relation to the activity of the companies registry, established by regulatory acts of the C.N.P.F., including the conditions of authorisation.
Thus, contrary to paragraph 1, item 125. (1) of the regulation on licensing and authorization on the capital market, approved by Resolution No. 56/C.N.P.F. 11 of 14.11.20143 (hereinafter Regulation No 56/11 of 14.11.2014), according to which an application for authorization shall be attached to the applicant's status in 2 copies, with all amendments and additions recorded to date documents, at the request for authorization submitted to C.N.P.F. on 12.01.2015 have not been produced decisions on amendments to the registration status of a Registrar from 08.05.2013 , 07.06.2013 and 30.12.2014. After examining the decisions on amendments to the registration status of a Registrar in the State Register of legal persons from 08.05.2013 and from 07.06.2013, presented by the State registration Chamber (C.Î.) at the request of C.N.P.F. No. 03-2432 from 05.07.2016, has been found by changing the legal address of the Registrar (in the Chisinau municipality. Chisinau, str. Vasile Alecsandri, 129 of 11 in Comrat mun., str. Pobeda (11) and vice-versa), information that has been submitted to C.N.P.F. in order to reperfectării the licence of activity and the introduction of amendments to the State Register of securities in question have been violated the provisions of art. 32 para. (5) of law No. 1134-XIII of 02.04.1997 "on joint-stock companies" (hereinafter-the law No. 1134-XIII of 02.04.1997) and item 39 of regulation concerning the granting and withdrawal of licences for professional activity on the securities market, approved by the decision of C.N.P.F. No. 53/12 of 31.10.20085 (hereafter-Regulation No. 53/12 of 31.10.2008) (repealed at 14.03.2015).
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 Monitorul Oficial al Republicii Moldova, 2015, 1-10, 11 4 Republished the Official Gazette of the Republic of Moldova, 2008, no.1-4, art. 1 5 Monitorul Oficial of the Republic of Moldova, 2009, no.4-6, article 1, in accordance with the information held on the situation in 01.08.2016, the Registrar has 7 partners, 5 of whom hold qualification certificates to enable the securities market/capital market C.N.P.F., previously released under the checking, it was found that the Registrar had not informed the C.N.P.F. within the period specified in item 17 of Regulation No. 53/12 of 31.10.2008 regarding changes to the list of specialists who hold certificates of qualification.
At the same time, the presentation of C.N.P.F. of specialized reports for quarters II, III and IV, and the Registrar's annual report 2011 admitted the inclusion of inaccurate and incomplete information in Form F1-"title of specialized reports" of annex 1 to the statement of the content, drawing up, presentation and publication of reports of the professional participants of the securities market C.N.P.F., approved by Decision No. 60/12 of 24.12.20096 (hereinafter-Instruction No. 60/12 of 24.12.2009) (deleted at 06.09.2015), which, for the purposes of point 25 of the Statement in question, attract liability under the law.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 Monitorul Oficial al Republicii Moldova, 2010, no. 64-65, art. 240 Persons who manage the work of the Registrar have not ensured compliance with the provisions of article 1, paragraphs 2 and 3, and art. 140. (1) of law No. 171 of 11.07.2012 "capital market" (hereinafter-the law No. 171 of 11.07.2012), paragraph 121 and 122 of the implementing regulation, item No. 56/11 of 14.11.2014 through the acceptance of employment relationships with persons employed within the registry to another company.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 Official Gazette of the Republic of Moldova, 2012, no. 193-197, 668 despite the provisions of article 39 paragraph 2. (2) and paragraphs 1 and 2. (4), article 86 paragraph 1. (1) (a)), article 87, paragraph 2. (3) paragraphs 1 and 2, article 140. (15) letter a)-b) of law No. 171 of 11.07.2012, since April 2016 managing Registrar is not assured of at least two persons, a fact about which there was informed immediately C.N.P.F.
In addition, it was noted that the Registrar had provided incorrect information in the related C.N.P.F. address of his business. Thus, the result of the inquiry on behalf of the National Bank of Moldova, C.N.P.F. through letter No. 03-54 of 09.01.2014 has asked the Registrar to report concerning the work carried out by the person to whom a result of supervision, it was found that the Registrar had concluded the individual contract of employment, including the position held and period of activity. By letter No. 14.01.2014 28/6 of the Registrar has submitted incorrect information regarding the subject in the interpellation.
Also, as a result of inspection it was found violating the provisions of article 87, paragraph 2. (2) (a). b) of law No. 11.07.2012 171 points from 112 and item 120 para. (3) of Regulation No 17. 56/11 of 14.11.2014 by forwarding within the authorisation procedure Declaration on honour of the person with the responsibility and functions of the Information concerning the sufficiency of resources to ensure his Registrar that contain incorrect data.
Furthermore, the Registrar has not executed the obligation to submit C.N.P.F., whereas 10 calendar days from the moment of conclusion of the contract with the financial institution or amendments to the contract, children custody contracts electronic files from 15.06.2011, 04.06.2013, 17.02.2015 and 19.02.2016, and thus violated the provisions of point 2.1.10 of regulation regarding how to hold the register of holders of registered securities of the Registrar and the nominal holder C.N.P.F., approved by Decision No. 15/1 of 16.03.20078 (hereafter-Regulation nr. 15/1 of 16.03.2007) and art. 37 para. (31) in accordance with law No. 199 from 18.11.1998 "on securities market" (hereinafter-the law No. 199 from 18.11.1998) (deleted at 14.03.2015).
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 8 Monitorul Oficial of the Republic of Moldova, 2007, no. 51-52, art. 199 9 Republished Official Gazette of the Republic of Moldova, 2008, nr. 183-185, article 655 Control that failure by the Registrar of the mandatory requirements provided for in legislation in carrying out the corresponding records in the register of shareholders. Thus, in the period 01.01.2010-29.06.2016 occurred the following operations with shares issued by Registrar: transactions during the period 01.01.2010-29.06.2016
ATA
Type of transfer
Transferable securities, units
The price of securities, lei
The total volume of transaction, lei
% of emission
18/10/13
Sale-purchase
86344
1,47
126933,00
100
18/10/13
Sale-purchase
86344
1.00
86344.00
100
05/12/13
Sale-purchase
86344
1.00
86344.00
100
18.10.2013 and 05.12.2013 transactions are confirmed by daily reports of specialized-form F7 "report concerning the direct transfer of ownership of registered securities" and "F11-form monthly report regarding the holders of 5% and more of the total number of securities of an issuer", prepared and presented in accordance with the provisions of C.N.P.F. Instruction No. 60/12 of 24.12.2009. Basis for registration of the transfer of ownership at the time of 18.10.2013 transmission provisions have served nr. from September 30, no. 1614. 2042 from 16.12.2010 and no. 2061 from 28.12.2010 and sale-purchase agreements dated September 30, 16.12.2010 and 28.12.2010. At the same time, within the framework of carrying out checks, the Registrar has submitted applications to the purchaser at 17.12.2010 and from 29.12.2010 03.10.2010, to stop the execution of the provisions of the transmission, which were not registered in the register of incoming documents. This indicates that the Registrar has not secured the registration of ownership within the time limit prescribed by the laws in force, had breached the requirements established by legislation in part what keep track of primary documents, and erroneous information presented C.N.P.F. with reference to the shareholding structure, and thus violated article. 18 paragraph 1. (1) of law No. 1134-XIII of 02.04.1997, art. 7 para. (5) of law No. 199 from point 7.1.13 18.11.1998 and item 7.1.15 lit. (b)) of regulation 15/1 of 16.03.2007.
Furthermore, following the request by letter No. C.N.P.F. 03-2432 from 05.07.2016 from C.Î. S confirmation documents that have served as the basis for recording in the State Register of legal entities of the changes in the instruments setting up Registrar, presented at 14.07.2016, it was found that documents confirming the sole shareholder during the period 2012-2013 presented by the Registrar at C.Î.S. (on 12.07.2012, 02.05.2013, 24.05.2013) do not correspond with the information and documents submitted by him to the C.N.P.F. in fact, contrary to point 21, paragraphs 25 and 26 of the Instruction, item No. 60/12 of 24.12.2009. Thus, examination of documents submitted by C.Î.S. showed that as of 11.06.2012-24.05.2013 as the sole shareholder of the Registrar was the person whose ownership interest in the actions of the Registrar was recorded at 18.10.2013. Protocol operations, specialized daily reports (F7 "report concerning the direct transfer of ownership of registered securities") and monthly (F11 "report concerning the holders of 5% and more of the total number of securities of an issuer") and entries in the computer system for keeping the register indicates that as of 11.06.2012-24.05.2013 the Registrar has not shown that person as sole shareholder (the quality of the shareholder has been posted at 18.10.2013 and all at this time it was cancelled), and any amendment in the hold of the system have not been carried out. Divergence between data presented by C.Î.S. and data from the protocol operations and specialized reports, reports, lists of shareholders who are entitled to participate and attended the meeting, issued from the date of filing from 11.06.2012, 11.03.2013 and 10.04.2013, reveals that the acts were presented at C.Î. do not correspond to reality.
Contrary to the provisions of item 18 b) and item 19 of the regulation on the method of levying taxes and payments by the National Commission of Financial Market, approved by Resolution No. 45/C.N.P.F. 8 of 06.09.200710 (hereafter-Regulation No. 45/8 of 06.09.2007), the Registrar has not ensured and checked charging from paying up to registration of ownership of securities issued by him at the time of 18.10.2013 and 05.12.2013 the size of the fees being paid from his own means.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 10 official Gazette of the Republic of Moldova, 2007, no. 165-167, 616 at the same time, it indicates that the person has brandished a shareholder rights until the registration of the property right over securities of the Registrar at the time of 18.10.2013, including the approval of the decisions of the General Assembly in its capacity as shareholder unipersonale unique Registrar and the receipt of dividends. In this respect, in the context of the examination of the documents presented for convening and related how the conduct of general meetings of shareholders of the Registrar, has been found violating the provisions of article 56, paragraph 1. (2) letter a), article 64 para. (1) paragraphs 1 and 2. (3) the letter b), article 92 para. (2) of law No. 1134 02.04.1997 and item from 7.24 of the Registrar, taking into account the lack of the shareholders ' general meetings decisions dated March 30, 14.09.2011/,, romanialibera.ro, 12.07.2012, 03.05.2013, as well as lists of shareholders who are entitled to attend the general meeting and who attended the General meetings if she dated 05.05.2010,/12.07.2012, romanialibera.ro,, 03.05.2013.
At the same time, in accordance with article 49 paragraphs 1 and 2. (3) of law No. 1134 from 02.04.1997 for each payment of dividends shall ensure that drawing up a list of shareholders who are entitled to receive dividends, provisions are violated by the Registrar through lists of shareholders at meetings when decisions have been received for the payment of dividends out of date/14.09.2011, March 30, 03.05.2013, romanialibera.ro,. The Registrar has accepted such as a violation of para. (1) (a)), article 49 paragraph 3. (2) to (4) of law No. 1134 from 02.04.1997 and point 5.3 of the Registrar in relation to the distribution of dividends to persons who do not have this right. It also reveals violations of article 13 para. (2) (a). f), article 17, paragraph 2. (15) article 19, paragraph 2. (1) paragraphs 1 and 2. (6) (a). g) and paragraph 3. (12) of Law No. 113 accounting-XVI dated 27.04.200711, article 49 paragraph 3. (1) of law No. 1134 from 02.04.1997 through lack of primary documents on which basis were accounted for, together with economic facts by the lack of the signature of the accounting officer and the Chief of the person receiving the monetary means in the case of the provisions for the payment of the dividends from the period 2011-2012, and the Director of the company in the case of the provisions for the payment of dividends from 2014 on primary documents.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 11 Republished in the Official Gazette of the Republic of Moldova, 2014, 27-34, article 61 of the Registrar, 30.07.2016, ensure the keeping of the register for 352 of issuers. During the period of supervision of the Registrar were 98 contracts concluded and terminated the contract of 39 keeping of the register, and recorded transfers of ownership in the context of 2888 transactions as follows: transaction Type
01-31.12.2010
2011
The year 2012
2013
2014
2015
01.01.2016-30.07.2016
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Nr.de trans, unit.
The value of transactions, lei
Sale-purchase
43
1867886
434
9414756
211
2074843
75
1864143
233
131894371
85
38019372
361
4533616
Donation
135
327449
89
8619707
61
12164892
62
4358548
98
4619892
29
4801045
19
485050
Legacy
45
239859
155
2629518
147
2978466
99
2090920
72
2356046
79
1098556
78
242457
Contribution to social capital
2
63249281
8
291229967
10
118133938
90
438831392
6
27657138
0
0
0
0
Court decision
0
0
8
229801367
7
32428613
11
7365264
4
170240
4
1226600
0
0
Others
7
224475
18
306241549
21
106256324
28
65167583
18
9831639
27
8430118
9
4144595
TOTAL
232
65908950
712
847936864
457
274037076
365
519677850
431
176529326
224
53575691
467
9405718
During the inspection were checked, selective, circa 1 938 deals with 113 shares issued by joint stock companies, and 450 transactions in securities issued by 26 issuers were checked previously by C.N.P.F. result of the surveillance.
Thus, following verification of primary documents that have led to the registration of transfer of ownership by the Registrar, in most cases it was found: ► questionnaires concerning customer identification (including in the case of transactions from 18.10.2013 and 05.12.2013 with the shares issued by the Registrar), which is in contradiction with point 20 and 21 of regulation concerning measures to prevent and combat money laundering and terrorist financing on non-banking financial market C.N.P.F., approved by Resolution No. 49/14 from 21.10.201112 and the letters C.N.P.F. nr. 08-394 from 2012, and no. 08-428 from 08.02.2012, by which market participants had been informed of the necessity of implementing customer identification model for questionnaires, whereby the registration of direct transfers of ownership of securities is presented documents identifying the beneficial owner in accordance with the law No. 190-XVI of 26.07.2007 on preventing and combating money laundering and financing of terrorism "13;
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 Monitorul Oficial al Republicii Moldova, 2011, no. 206-216, art. 13, 1820 the Official Gazette of the Republic of Moldova, 2007, nr. 141-145, art. 597 ► wasn't informed customer-buyer relating to the confirmation of the compliance with the requirements of legislation on competition in accordance with competition law No. 183 from 11.07.201214, which is in contradiction with point 9 of the provisional regulation concerning the circulation of securities on the secondary market, approved by Decision No. 22/C.N.P.F. 2 of 15.04.201415 (hereafter-Regulation No. 22/2 15.04.2014) (repealed from 15.04.2016) section 19 of the regulation on the circulation of securities on the capital market, approved by the decision of C.N.P.F. No. 14/5 from 31.03.201616, and C.N.P.F. letter No. 03-799 from 06.03.2013, according to which the registration of direct transfers of ownership of securities shall submit confirmation of compliance with the requirements of legislation on competition in accordance with competition law;
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 14 Monitorul Oficial al Republicii Moldova, 2012, no. 193-197, art. 667 15 Official Gazette of the Republic of Moldova, 2014, no. 142-143, art. 738 16 Official Gazette of the RM, no. 2016, 100-104, art. 555 ► on each document received to date and time of receipt (excluding provisions), which contrary to the point of Regulation No. 7.1.13 15/1 of 16.03.2007.
In addition, the Registrar for the registration of transfers of property rights has admitted the violation point 7.1.2 7.1.14 and item of Regulation No 15/1 of 16.03.2007 and art. 37 para. (3) letter a) and article 66, paragraph d) of law No. 199 from 18.11.1998 (transactions recorded until its repeal) as well as: 1.1516 para. (3) and art. 1535 of the civil code of the Republic of Moldova17 (hereinafter-the civil code), by accepting the inherited property in favour of the refusal of another heir to the recording at the date of transaction 8.09.2014 of inheritance of shares issued by JSC "Centrindmontaj".
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 17 Official Gazette of the Republic of Moldova, 2002, no. 82-86, 661
2. Annex 2 to Regulation No. 15/1 of 16.03.2007, through the registration of transactions of 56 sale and purchase securities of the issuer in the absence of 7 sale-purchase contracts in written form.
3. point 7.1.3 and 7.1.4 point of Regulation No. 15/1 of 16.03.2007, through acceptance of the registration of 5 transactions in shares issued by the company on 3 shares at the request of the person who had no right to carry out such transactions.
4. Para. (8) of law No. 1134-XIII of 02.04.1997, by registering about 75 transactions with securities issued by issuers without 3 take into account the fact that persons with responsible positions in the company may not be representatives of the shareholder.
5. Article 26 para. (4) of law No. 199 from point as 18.11.1998 and annex 2 of Regulation No. 15/1 of 16.03.2007, through neautentificarea signatures of individuals under the provisions of the 83 transmission of transactions with shares issued 3 issuers.
6. Point 11 and point 29 of Regulation No. 22/2 15.04.2014, by admitting the execution of a legal act without being translated into the national language and legalized as well as non-compliance with minimum requirements in relation to price, the transaction of the donation at the time of 24.08.2015 with shares issued by "Pack-Repair" 7. Article 7 para. (5) of law No. 199 from 18.11.1997, art. 18, para. (1) of law No. 1134 and item from 02.04.1997 7.1.13 of Regulation No. 15/1 of 16.03.2007, through registration for exceedance of transactions, including a statement of the basis of inclusion in the register system hold.
8. Art. 35 para. (4) of law No. 1134 from 02.04.1997 and item 7.1.14 lit. b) of Regulation No 15/1 of 16.03.2007, by recording transactions in shares issued by "Fishy", Bic "-9" and "mobile mechanized Column construction of roads No. 6. under the terms of paragraph 5 of art.. (3) of law No. 163-XVI from 13.07.2007 "modification and completion of the law # 1134-XIII of 2 April 1997 on joint stock companies", which are not issuers concerned incidents.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18 official Gazette of the Republic of Moldova, 2007, nr. 141-145, 584 in the check Register filing provisions, there were cases of violation of the provisions of item 5.1.3 letter a) and paragraph 2 of point j), section 7.1.13 of Regulation No 15/1 of 16.03.2007.
Why take part in forwarding the registers of holders of securities of another company register, it was found by the Registrar failure to observe even the C.N.P.F. Decision No. 29/4 of 23.05.2014 "With regard to the transmission of registers of holders of securities" 19 relating to: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 19, Official Gazette of the Republic of Moldova, 2014, no. 142-146, article 742 1) neidentificarea persons with responsible positions and/or majority shareholders of the target issuer in decision in order to ensure the keeping of a register in accordance with the laws in force;
2 repeated failure to inform) the companies referred to in the decision action;
3) erroneous report C.N.P.F. for second quarter 2015 concerning enforcement of paragraph 5 of resolution;
4) takeover records of holders of securities in the absence of receipt-teaching on each issuer, which violates point 13.6.5. para. 7) of Regulation No. 15/1 of 16.03.2007, meaning which the transmission of securities holders register to the new Registrar will perform through acts of delivery-teaching, which list the categories report, indicate the name and the number of documents handout folders of pages in each of them.
At the same time, contrary to point 6 of Decision No. C.N.P.F. 40/7 from 09 April 2009 "regarding the designation of independent registrars ' 20, the Registrar did not submit monthly reports with report C.N.P.F. concerning the enforcement of the judgement.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 official Gazette of the Republic of Moldova, 2009, no. 140-141, article 655 of the scrutiny of compliance with the procedure for terminating contracts and hold records of holders of securities of companies issuing period inspected, it was found by the Registrar to disregard the provisions of paragraphs 1(b), paragraph 13.6.1 13.6.2, section 13.6.8 13.6.5 and item of Regulation No. 15/1 of 16.03.2007.
Regarding the presentation of reports, to C.N.P.F., the Registrar has accepted cases in which reports of F1 and F10 do not contain truthful information, and thus violated the provisions of point 21 and point 22 of the Statement No. 60/12 of 24.12.2009, point 9) and submenu is for 2 3) in annex No. 2 to the prenotată Statement.
At the same time, following the inspection, it was found by the Registrar's admission of violations with reference to the following.
In the case of all general meetings of shareholders of the Registrar was not ensured the preparation of the agenda of general meetings, being observed the lack of annual financial statements and the annual report of the auditor of the company, which is contrary to the provisions of article 56, paragraph 1. (2) letter b) and art. 64 para. (3) (a)) of the law No. 1134 from 02.04.1997.
At the general meeting from 01.02.2011 has not been confirmed by the audit organisation to carry out the audit mandatory ordinary, which violates the provisions of point 6.1.7 let.c) of the statutes, art. 50 para. (3) (a)) of the law No. 1134 from 02.04.1997 and article 53 paragraph 1. (3) (a). j) of law No. 199 from 18.11.1998.
In the case of extraordinary general meetings of shareholders of the Registrar from 01.11.2013 and from 29.12.2014 settled if no decision for convening of the General Assembly, contrary to point 6.2.5 and item 7.1 of the Statute of the society and articles 53 para. (1) of law No. 1134 from 02.04.1997, whereby the Assembly shall be convened by the Executive Body's decision.
The unique shareholder's signature decisions of general meetings of shareholders from 12.07.2012, 02.05.2013 and 05.05.2014 is not authenticated by the notary, auditor or contrary to the provisions of point 7.24 from statutes and article 64 para. (1) of law No. 1134 from 02.04.1997.
Earlier in inspected Registrar activity were found violating laws in pursuit of hold a register of holders of securities, for which C.N.P.F. has applied sanctions in the form of warning and were subject to liability, contravention liability in people with functions of the Registrar.
Based on the above, pursuant to article 1 para. (1), article 3, article 4 para. (1) and paragraphs 1 and 2. (2) article 8 subparagraph (c). (b)). c) and subparagraph (c). f), art. 9 para. (1) (a). (d)). j) and subparagraph (c). n), art. 20, para. (1) article 21 paragraph 1. (1), article 22 para. (1) and paragraphs 1 and 2. (3), para. (2) of law No. 192-XIV of 12.11.1998 "Concerning the National Commission for financial market", article 21. 1, art. 5, art. 86 para. (2) (a). b) and subparagraph (c). c), art. 140 paragraph 1. (15), art. 144 paragraph 1. (2) (a). c) and subparagraph (c). (g)), para. (3) paragraphs 1 and 2. (7) paragraphs 1 and 2, article 146. (1) of law No. 171 of 11.07.2012 "capital market", section 155, 156, item and item 157 in the regulation on the licensing and authorization of capital market, regulation on the manner of keeping the register of holders of registered securities of the recorder and the nominal holder, section 481 of the rules relating to the attestation of specialists professional financial market participants from non-bank C.N.P.F., approved by Decision No. 44/5 from 17.02.200922, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 21 Republished Monitorul Oficial al Republicii Moldova, 2007, nr. 117-126 BIS 22 Official Gazette of the Republic of Moldova, 2009, no. 34-36, art. 118 NATIONAL financial markets COMMISSION DECIDES: 1. the authorisation shall be withdrawn by the company registry No. 0008 from 06.02.2015 Company's shares issued to "register-correct".
2. the Court shall initiate the procedure for the clearance of the genre of professional activity of keeping the register held by the Registrar to "register-correct" 3. Withdraw certificates of qualifications of securities professionals Ms. Marina Bitca No. 99 of October 16, and Mr Vladimir Torodii No. 130 of the 11th.
4. the management company Shall prescribe the registry "Registry-correct" ensure compliance with the provisions of the legislation related to unconditional cessation of professional due to the withdrawal of authorisation for activities on the capital market, including: 4.1. information, within 10 working days from the date of entry into force of this judgment, of the issuers with which Society registry "Registry-Fair" JSC has concluded agreements on keeping the register about the cancellation of contracts and the necessity of concluding contracts for maintenance of the register with the companies registry designated by the National Commission of Financial Market;
4.2. ensure transmission of all records of holders of securities in electronic formats hold the register and those that are not, the companies registry has been designated, within a period of up to 120 days from the date of entry into force of this judgment;
[4.2. modified HCNPF5/1, MO50-59 10.02.17/17.02.17 art. 217; force 10.02.17] 4.3. ensure the transmission of all documents related to the keeping of registers of holders of securities set out in subpct. 4.2;
4.4. ensuring the integrity of records of holders of securities, kept in accordance with the legislation in force until their transmission to the designated companies registry;
2.8. ensuring of carrying out the entries in the registers of holders of securities in electronic formats hold a register with the agreement of the National Commission on financial markets until their transmission to the designated companies registry;
4.6. preparation and release in accordance with the laws of the list of shareholders for the purposes of the shareholders ' general meetings till the transmission of registers of holders of securities of companies registry designated;
2.9. providing leadership Society registry "Registry-correct" before the deletion from the register of licences or permits for the work on the stock market.
5. Executory provisions of paragraph 4 of this resolution, on persons with responsible positions of society registry "Registry-correct" will be applied to measures necessary under the legislation.
6. the company's registry "Registry-correct" will inform the National Commission of financial market periodically (every 10 working days) about actions taken to enforce this judgement, enclosing confirmative documents.
7. Prescribe issuers "Fishy", Bic "-9" and "mobile mechanized Column construction of roads No. 6 " bringing into line with the legislation in force of the provisions of their statutes in the manner of disposal of the shares.
8. The Centre shall be submitted to the national Anticorruption competence after appropriate materials control results regarding compliance with legislation on complex capital market by the company registry "Registry-correct" 9. Control over the execution of the given decision is put in charge of the Directorate-General for supervision and direction monitoring securities issuers.
10. 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.
VICE-CHAIRMAN of the NATIONAL COMMISSION of FINANCIAL MARKET Karen Fahie
