Changes and Additions to the Law on Internal Trade

In accordance with Law No. 41 as of 21.03.2013 on introducing changes to certain legislative acts in part (2) of the article 8, paragraph e) which provides the payment for goods only by bank transfer of funds is abrogated. Thus, the economic agents, in their trading activity may use cash payment.

The new revision introduces the following concepts:

  • "merchant" – individual or legal entity authorized to carry out activities in the sphere of trade
  • "wholesale trade" – the activities carried out by merchants, purchasing goods for resealing them to other traders or professional users (farmers, industrialists, artisans, service providers)

In the paragraph a) part (2) of the article 8, the word "mandatory" is replaced by "if necessary”, in such a way, the new version provides that, “in case of realization of food products, the trading unit may be equipped if necessary with the refrigeration equipment”.

In the paragraph 5) article 273 of the Code of the Republic of Moldova, the words "both the buyer and" are deleted, so this paragraph states: "the violation of the rules of the wholesale trade, shall result in a fine for the seller between 50 to 100 conventional units, in the case of individuals, and in size from 200 to 400 conventional units in the case of legal persons".

In accordance with the Law No. 42 as of 21.03.2013 on introducing changes and additions to the article 8 of the Law on internal trade No. 231 as of 23.09.2010, in the article 8 part (4) the paragraphs e), g), h) and i) are abrogated. Thus, the following requirements for combined trade are abolished:

  • e) the payment for the purchased goods is made by cash or by bank transfer, at the choice of the client, and the issuing of the tax invoice must be preceded by activating the client access license by using a special device to identify the client. The issuance of the invoice and its payment are permitted only when the electronic system, governed by a merchant-seller recognizes the client access license, registered in the database;
  • g) the sale area is not less than 3000 m2;
  • h) the center of the combined trade shall be equipped with at least 200 parking spaces;
  • i) the range of goods offered for sale shall not be less than 15000 titles;

The article 8 is supplemented by the part 5 with the following content:

"(5). In the case of combined trade the payment for the purchased goods is made by cash or by bank transfer, at the choice of the client, and the issuing of the tax invoice must be preceded by activating the client access license using a special device to identify the client. The issuance of the invoice and its payment are permitted only when the electronic system, governed by a merchant-seller recognizes the client access license, registered in the database"

The full text of the law is available at the following address:

Law No. 41 as of 21.03.2013 on introducing changes to certain legislative acts. Published in Monitorul Oficial No.75-81 as of 12.04.2013. The Law comes into force at the moment of its publishing.

Law No. 42 as of 21.03.2013 on introducing changes and additions to the article 8 of the Law on internal trade No. 231 from September 23, 2010 year.

Published in Monitorul Oficial No.75-81 as of 12.04.2013. The Law comes into force at the day of its publishing, excepting the provisions of article I of the appendix to article 8 paragraph (5), which will enter into force on 01.01.2016.


 

Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova

By Law on Amendment and supplementation of the Code of Administrative Offences of the Republic of Moldova no. 208 as of 17.11.2016 (which will come into force on 16.03.2017) was modified a fine amount of conventional unit, so that, from the date of 16.03.2017 a conventional unit will be equal to 50 lei, which will cause the essential change of imposed fine amount.

The Provisions of the Approval on Obligations, which are Offered by Enterprises

In accordance with the Decision of the Plenum of the Competition Council No.2of January 22, 2015, the Competition Council approved the "Provisions of the approval on obligations, which are offered by enterprises."



Under the clause c) of paragraph (1) of Article 41 and paragraph f) (6) of Article 46 of the Competition Law No.183 of July 11, 2012, in order to implement the Commission Communication on the corrective measures, that are acceptable under Council Regulation (EU) No. 139/2004, and on the basis of Council Regulation (EU) No. 802/2004 (2008 / C 267/01), published in the Official Journal of the European Union C-267/1 of October 22, 2008, the Plenum of the Competition Council approved the Provisions of the approval on obligations, which are offered by enterprises.

Regulation of Electronic Documents Management

Parliament of the Republic of Moldova adopted the Law on electronic signature and electronic document. The law establishes the legal status of electronic signatures and electronic documents, including the basic requirements for their validity and for certification services. (Law on Electronic Signature and Electronic Document №91 from 29.05.2014).

Law on State Control over Business Activity

As of first March 2013 comes into force the Law on State control of business activity.(The Law of the Parliament of the Republic of Moldova No. 131 as of 08.06.2012 on State control of business activity).

Law on Unfair Terms in Consumer Contracts

Creating of an appropriate legal framework to protect the economic interests of consumers by prohibiting and preventing the use of illegal conditions in Agreements concluded between merchants and consumers (Law of Parliament on unlawful terms in contracts concluded with consumers No 256 as of 09.12.2011).

© 1997-2016 Law Firm "Brodsky Uskov Looper Reed & Partners"

SEO Promotion sem/seo/aso promotion

Brodsky Uskov Looper Reed & Partners is the largest company of legal advising and consultancy in the Republic of Moldova. It offers expertise in local and international jurisprudence and legal practice in matters related to business activities, interactions with state bodies, real estate, investment and other legal matters. The company a team of professional lawyers that provides paralegal services and legal assistance in business related domains like international companies registration, investment policies and juridical aspects, as well in other law suit assistance in domains like employment law, insurance law, probate law, family law, real estate jurisprudence and bankruptcy related services. Brodsky Uskov Looper Reed & Partners offers legal support and juridical consultancy services for local and foreign companies and their representations. It has a team of experienced attorneys and experts that provides legal consulting in issues of investments, project financing and representation of the companies in the relations with the local government and other state entities.