State registration of legal entities and their branches
The decision on state registration of the legal entity, issued in accordance with the law by the competent authority, certifying the fact of establishment, reorganization, liquidation, suspension or resumption of the activity of legal entities, their branches, as well as the fact of amendment of the articles of incorporation of legal entities, entry of data in the State Register, which has the effect of acquiring and termination of the legal capacity of legal entities.
Requirements for the applicant:
- compliance of the articles of incorporation and other documents submitted for registration with the requirements laid down by law;
- observance of the deadline for submitting documents for state registration;
- declaration of data on the beneficial owners of the legal entity;
- in the name of the person (founder) there have not been previously registered enterprises that are not functioning and/or have not been liquidated in the manner established by law or have debts to the national public budget;
- the person (the founder) has not been subject to a registration ban issued by the court or the bailiff;
- permission for the founder of a legal entity deleted from the State Register as a result of the application of Article 1741 of the Fiscal Code to establish a new legal entity after the expiry of the 3-year term;
- the founder/administrator/beneficial owner is not on the list of persons, groups and entities involved in terrorist activities,
- according to the Law no.308 of 22.12.2017 on the prevention and combating money laundering and terrorist financing;
- the name of the legal entity must meet the requirements of the Civil Code, Article 9 of Law no.220 and other normative acts, the name of the legal entity must be verified and reserved for state registration;
- the types of activities shall be indicated according to the Classification of economic activities in Moldova (CAEM-2), approved by the National Bureau of Statistics by Order no. 28 of May 07, 2019 (published in the edition no. 193-202 of the Official Monitor of 14.06.2020) or Law no.160 of 22.07.2011 on the regulation of entrepreneurial activity by authorization;
- documents for state registration shall be drawn up in the state language and shall be submitted by the founder or by his/her representative, authorized by a power of attorney authenticated in the manner prescribed by law;
- the headquarters of the legal entity must be real, which requires the existence of a clearly determined real estate or real estate space that the person legally owns, the data on the legal address must not be indeterminate and non-existent;
- foreign citizens and stateless persons who have entered the Republic of Moldova for a period of up to 90 days, shall present copies of their national identity documents, which is to contain the Border Police's mention on the crossing of the state border;
- foreign citizens and stateless persons who have entered the Republic of Moldova for a period of more than 90 days are also required to present residence permits or identity cards for stateless persons;
Pre-scheduling for requesting services in the territorial subdivisions of the PSA is available by accessing the link: https://programare.asp.gov.md/qwebbook/index.jsp?lang=ro
publicService.steps.title
- 1Step 1. Submitting the application
The application is submitted by the applicant or their legal representative (MPower) with the necessary documents the following methods:
- at the service delivery counter of the territorial subdivision;
- via email to: inregistrare.ud@asp.gov.md (the documents signed with an electronic signature);
- by registered mail sent to the postal address: 47 A. Puşkin Street, Chişinău Municipality.
- 2Step 2. Paying for the service
Payment of the tariff for the requested service through the Government Electronic Payment Service MPay.
In addition to the state registration fee for the legal entity, fees are also charged for:
- the elaboration, drafting and approval of the names of legal units - 100 MDL;
- the extract from the State Register of Legal Entities - 110 MDL.
publicService.channels.4.title - 3Step 3. Processing and Examination
Processing the request
The registrar in the field of state registration:
- receives and duly registers the application for state registration of the legal entity and receives the documents submitted by the applicant;
- generates the certificate attesting that the founder - the natural person is not listed as an associate of an enterprise that is not functioning and has not been liquidated in the manner established by law or has debts to the national public budget;
- issues the payment advice;
- issues the confirmation receipt of application reception;
- where appropriate, completes the articles of incorporation;
- opens the record file, examines the application and the accompanying documents, verifies compliance with the conditions established by law.
Reviewing the request
In the case of submission of the complete set of documents expressly required by law:
- verifies the identity and capacity of the founder(s) and administrator(s) - natural persons;
- examines the application and the documents submitted for state registration of the legal entity in order to ensure that they comply with the requirements established by law;
- performs the state registration of the legal entity with the issuance of the decision on state registration;
- carries out the process of fiscal, statistical, medical and social registration (record keeping) of the legal entity by transmitting to the authorities concerned, in electronic format, the data on its registration provided for in Article 33 paragraph (1) of the Law no.220/2007, by issuing the respective notification.
Postponement of release
In case of the lack of the necessary documents/information expressly provided for by the legislation, the registrar shall suspend the deadline for examination of the application and shall immediately inform the applicant about this fact, specifying and describing the reason for the suspension, the deadline and the remedial actions to initiate the re-examination of the application.
- 4Step 4. Issue of the decision
The registration decision shall be issued at the counter of the territorial subdivision providing the service, to the applicant in person, to his/her legal representative or with the use, as the case may be, of the power of representation issued via the MPower.
Information about the registration will later be available on the governmental citizen/entrepreneur portal MCabinet after authentication with an electronic signature.