Articolul precedent |
Articolul urmator |
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SM ISO690:2012 BELOBROV, Angela. In media res: digitalisation in the company law area. 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. 28-31. |
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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, G32, O32, O47, A13, E60, F15. | ||||||
Pag. 28-31 | ||||||
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On February 4, 2019, the Council of the European Union informed European citizens about the initiation of actions aimed at establishing special regulations dedicated to harnessing digital innovations in the field of corporate law, ensuring their relevance in the digital era. On June 20, 2019, the " Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law" was published. This directive envisions the use of digital tools and processes to facilitate the commencement of economic activities more easily, quickly, and efficiently in terms of time and costs. It also aims to provide comprehensive and accessible information about commercial companies, which is essentially one of the prerequisites for the effective functioning, modernization, and administrative simplification of a competitive internal market, ensuring the competitiveness and credibility of commercial companies. From a legal perspective, the directive's objective is to enhance efficiency, transparency, and legal security using digital tools.Starting from January 10, 2022, following the transposition of certain provisions of the Directive into the legislation of the Republic of Moldova through the adoption of Law 175/2021, remote registration of legal entities was established. The Public Services Agency has operationalized the remote registration procedure for legal entities, enabling the establishment of online commercial companies in its entirety. Currently, the Agency, within the scope of its responsibilities as the state registration authority, is undertaking a wide range of activities to align processes and procedures related to the state registration of legal entities and related public services with European standards: − Participating in the implementation of the World Bank project concerning the conceptuali-zation, development, and implementation of the "State Register of Legal Entities (RSUD)," developed using Agile methodologies. This platform is expected to include, alongside the specific tasks of maintaining the state register, its interconnection between central registers, trade registers, and commercial registers of EU member states—a digital platform to ensure online interaction with applicants for state registration services from both domestic and foreign entities. This platform will facilitate online company formation, online document submission, including online completion of document forms, with the provision of necessary legal assistance in a user-friendly and individually tailored manner. It will also bring essential improvements to the functionality of advertising data from RSUD. − Digitizing records of legal entities, individual entrepreneurs, and peasant households in a special structured file format, enabling software applications to easily identify, recognize, and extract specific data and their internal structure. − Publishing specific information about online procedures and model constitutive acts (hereinafter referred to as "form templates") on the ASP website, accessible to the public both domestically and internationally. − Developing bilingual form templates in Romanian and English to facilitate the registration process for businesses by citizens of other states/foreign investors. − Expanding the range of relevant assistance services related to state registration, including the opening of consultation desks, providing telephone consultations, preparing and publishing announcements, developing and publishing guides for service applicants, organizing webinars, and other events dedicated to familiarizing the public with state registration procedures, especially the special requirements for documents submitted for the registration of legal entities with different forms of legal organization. − Conducting various actions to strengthen administrative capacity. − Conducting continuous and comprehensive identification and analysis of service applicant expectations. − Developing proposals to improve the regulatory framework in its field of expertise, among other activities. The state registration authority has been assigned obligations related to identifying and registering the beneficial owner of any newly established entity, recording changes, suspensions, and deletions from RSUD, as well as implementing precautionary measures regarding clientele risk concerning anti-money laundering and counter-terrorism financing. Activities in this area require an increased understanding of the phenomenon of derisking in the prevention and combating of money laundering and terrorism financing to align with European standards of applied procedures. Given that the state registration authority provides procedures that can be completed entirely online, the activities related to the establishment of legal entities, the completion of incorporation documents, the conceptualization of reorganizations, and the documentation of these complex processes will be undertaken by entrepreneurs. These individuals should possess specialized legal knowledge. Returning to the goal of achieving the objectives of European directives in the field of corporate law, it is relevant to have a comprehensive and forward-looking approach targeting the establishment of sustainable businesses. This should ensure legal security for all categories of transactions and economic sustainability. This can be achieved by establishing, from the outset and throughout the life cycle of companies, an efficient corporate governance framework.Conducting extensive legal education campaigns focusing on corporate law aimed at achieving social and behavioral changes, similar to actions already taken in most countries worldwide in promoting financial education, involving all actors with specialized knowledge in corporate law, would contribute significantly to the efficient implementation of European directives in the field. This would also address a wide range of objectives from the National Development Strategy "Moldova 2030" and sectorial strategies and plans. |
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Cuvinte-cheie company law, state registration of legal units, state registration body, Digitalization, remote business registration, beneficial owner, new technology adoption, legal assistence, dreptul societăților comerciale, înregistrarea de stat a unităților de drept, organul înregistrării de stat, digitalizare, înregistrarea persoanei juridice la distanță, beneficiar efectiv, forme de asistență juridică |
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