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Articolul urmator |
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Căutarea după subiecte similare conform CZU |
347.736:336.71 (2) |
Коммерческое (торговое) право (1306) |
Денежное обращение. Банковское дело. Биржи (787) |
SM ISO690:2012 ZAHARIYA, Sergei, ARMEANIC, Alexandru. Sale of the business in case of bank resolution. In: Ştiinţă, educaţie, cultură , Ed. 1, 21 octombrie 2024, Chisinau. Comrat: "A&V Poligraf", 2024, Vol.1, pp. 519-526. ISBN 978-9975-83-295-3. |
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Ştiinţă, educaţie, cultură Vol.1, 2024 |
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Conferința "Ştiinţă, educaţie, cultură" 1, Chisinau, Moldova, 21 octombrie 2024 | ||||||
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CZU: 347.736:336.71 | ||||||
Pag. 519-526 | ||||||
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By means of the instrument of sale of the business, the National Bank of Moldova exercises its power to transfer shares and other instruments of ownership issued by an institution under resolution, or any of its assets, rights, or obligations, without the consent of the shareholders or any third party other than the purchaser. This instrument is not subject to a procedural requirement under applicable company or capital market law. The transfer is carried out on commercial terms, based on its guarantee through the issuance by the Ministry of Finance of state guarantees and state securities, adopted by Government decision. At the same time, the National Bank of Moldova shall be entitled to transfer, on a repeated basis, in order to effect additional transfers of shares or other ownership instruments issued by a bank under resolution or, as the case may be, of assets, rights or obligations of the bank under resolution. Therefore, a transfer of shares or other instruments of ownership, which take place by virtue of the application of the sale of business tool, would result in the acquisition or increase of a stake in the share capital of the bank. In this context, the National Bank of Moldova shall carry out the necessary assessment so as to enable the prompt application of the sale of business tool and facilitate the resolution action to achieve the objectives relevant to the process. On this basis, the purchaser shall be considered the successor in title of the bank under resolution and may continue to exercise any such rights exercised by the bank under resolution in relation to the assets, rights or obligations transferred, including intellectual property rights. Shareholders or creditors of the resolved bank and other third parties whose assets, rights or obligations are not transferred shall have no rights in or to the assets, rights or obligations transferred. |
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Cuvinte-cheie bank, creditor, banking system, bank resolution, insolvency, credit institution, financial stability, банк, кредитор, банковская система, резолюция банка, неплатежеспособность, кредитная организация, финансовая стабильность |
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