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Law of The Republic of Moldova on Investments in Entrepreneurial Activity (No. 81-XV).

Pays/Territoire
Moldova, République de
Type du document
Législation
Date
2004
Source
FAO, FAOLEX
Sujet
Général
Mot clé
Loi-cadre Commerce/industrie/sociétés Propriété Contrat/accord Droits de propriété intellectuelle/brevets Concession Responsabilité/indemnisation
Aire géographique
CEI (Communauté des États indépendants), Europe de l'Est, Europe, Europe et Asie Centrale, Nations en développement sans littoral
Résumé

This Law shall establish legal, social and economic principals of organization and development of investment activity on the territory of the Republic of Moldova, defines rights and responsibilities of investors, responsibilities and sphere of duties of public authorities in the sphere of investment activity, guarantees provided by the state for local and foreign investors, methods of resolution of investment disputes, as well as methods of regulation of activity of enterprises with foreign investments. Investment shall be intended aggregate of values (assets), invested in any entrepreneurial activity on the territory of the Republic of Moldova, with a view of gaining profit. Investment activity shall be intended activity related to investment and to carrying out of entrepreneurial activity in connection with this investment with a view of gaining profit. Investor shall be intended individual or legal person carrying out investment activity on the territory of the Republic of Moldova. Investments may be in the following forms: (a) right of ownership over real estate and movables, as well as other proprietary rights; (b) any right entitled by law or contract; any license or permit, issued in compliance with current legislation, including concessions to survey, cultivation, extraction, or exploration of natural resources; (c) rights, arising from stocks, shares, or any other form of participation in commercial societies; (d) monetary means; (e) rights, arising from debt liabilities or any other liabilities to investor, which have economic and financial value; and (f) intellectual property rights: industrial property rights (patents for invention, useful models, trademarks, and service marks, brand names, name of places of origin of commodities, design and drawings, patents for varieties of plants, topography of integrated micro schemes), author’s rights, and other allied rights, trade secret (knowhow), goodwill. Investors shall invest in any field of entrepreneurial activity on the entire territory of the Republic of Moldova in compliance with current legislation, provided interests of national security are not affected, provisions of antitrust legislation, norms of environment protection, people’s health, and public order are not violated. The Republic of Moldova shall ensure the regime of full and constant security and protection of all investments regardless of their forms, in compliance with current legislation, international agreements on mutual promotion and protection of the investments, to which the Republic of Moldova makes part. Public authorities shall observe investors’ rights, entitled by law. Under public authority’s violation of investor’s rights, the latter shall have to demand recognition of its rights and ask for damage compensation. Investments shall not be expropriated or subject to any other similar measures, which can directly or indirectly deprive investor of its property right or the right to control investments, except for the cases, envisaged in item (2). In the Republic of Moldova, enterprises with foreign investments can be created in the form of joint ventures and enterprises with participation of foreign capital. Joint venture is enterprise, created in compliance with legislation of the Republic of Moldova, whose statutory capital is partially formed of foreign investments. Foreign investors shall have the right to take possession, in compliance with legislation of the Republic of Moldova, of real estate on the territory of the Republic of Moldova to carry out business activity, except for agricultural lands and forestry fund lands.

Texte intégral
Anglais
Site web
investmentpolicy.unctad.org