Articolul precedent |
Articolul urmator |
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SM ISO690:2012 DRAGAN, Mihail. Publicitatea și interconectarea registrelor comerciale la nivel european. In: Adapting Public Services to the Technological Challenges and to the Business Environment Expectations, Ed. Ediția a 3-a, 8 decembrie 2023, Chişinău. Chişinău: Departamentul Editorial-Poligrafic al ASEM, 2023, Ediția a 3-a, pp. 32-35. |
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Adapting Public Services to the Technological Challenges and to the Business Environment Expectations Ediția a 3-a, 2023 |
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Conferința "Adapting Public Services to the Technological Challenges and to the Business Environment Expectations" Ediția a 3-a, Chişinău, Moldova, 8 decembrie 2023 | ||||||
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JEL: K15, A13, F15, G18, G41, K33, K38 | ||||||
Pag. 32-35 | ||||||
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With the signing of the Association Agreement by the Republic of Moldova in 2014, as well as obtaining the candidate country status in June 2023, our state has undertaken the obligation to amend national legislation for its harmonization and unification with European Union norms. Among the measures that the Republic of Moldova must take for an accurate perspective of EU accession is the transposition of EU Directives.Thus, by the Government Decision no. 829/2023 the National Action Plan for the accession of the Republic of Moldova to the EU for the years 2024-2027 was approved. In the Action Plan, Chapter 6 includes actions on Company Law that provide for the transposition into national legislation of a series of European Directives, namely: - digitization of registration and management services for legal entities; - on the statute of the European company; - on the statute of the European cooperative society; - the use of instruments and processes in the context of the rights of commercial companies; - regarding cross-border reorganizations, transformations, mergers, and divisions. An important action imposed on EU member states and, respectively, EU candidate states is the disclosure and interconnection of commercial registers (RSUD), arrangements provided in EU Directives 2009/101/EC and 2017/1132 of the European Parliament and of the Council. The disclosure of commercial registers is a necessary measure for creating a legal and fiscal environment favorable to enterprises, as well as the possibility of accessing, using, and holding up-to-date information about registered European commercial companies. The nominated Directives provide that disclosure regarding commercial companies must cover at least the following acts and information: a) the articles of incorporation, as well as the bylaws if they are the subject of a separate act; b) any amendments to the articles of incorporation; c) after any amendment to the articles of incorporation or bylaws, the fully updated text of the amended act; d) the appointment, termination of functions, as well as the identity of persons who, as a governing body under the law or as members of such a body: i. have the authority to bind the company to third parties and to represent it in court; disclosure measures must specify whether persons with the authority to bind the company can do so individually or must act together; ii. participate in the management, supervision, or control of the company; iii. information about the beneficial owner; e) the subscribed capital value; f) the accounting documents for each financial year, the publicity of which is mandatory according to EU Directives; g) the registered office; h) the dissolution of the commercial company; i) the court decision declaring the nullity of the company; j) the appointment and identity of the liquidators, as well as their powers; k) any completion of the liquidation procedure and deletion from the Register. Publication in the Register is done by submitting documents and information on paper or electronically, which are kept in the file or transcribed into the Register in electronic format. All acts and information must be kept in the file or recorded in the register; the object of the transcriptions in the register must appear in any case in the file. Acts and information are opposable to third parties against the commercial company only after their registration in the disclosure register. The interconnection system of the registers is a European central platform that consists of: - the registers of member states; - the platform; - the portal that serves as the European electronic access point. The interconnection of the State Register of Legal Entities with the registers of member states will ensure the possession of up-to-date information about registered European commercial companies and will allow any interested person to access through information systems the main information about the company, including the exact content of the capital, the identity of persons with the competence to manage the company, the share of associates in the administration, supervision, or control of the company, and the composition of the members of the control and supervisory bodies, as well as their nullity, which is of particular importance for protecting the interests of third parties and creditors of the commercial company. |
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Cuvinte-cheie disclosure, interconnection, European directives, publicitate, Interconectare, directive europene |
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