ITP-Law

Information Technology Parks Law

Law regarding the information technology parks


Stand:
Chapter II
SUBJECTS OF THE INFORMATION TECHNOLOGY PARK

Art.

  5 - Park creation applicants

Parks may be created at the request of legal or natural persons, registered in the Republic of Moldova as subjects of entrepreneurial activity, who have not been/are not in the process of insolvency or liquidation and/or restructuring as a result of insolvency, or whose entrepreneurial activity has not been/is not suspended, or who have not been/are not subject to legal proceedings to be declared in one of these situations.

Original 

This is a translation. No guarantees!

See the original = Romanian


Art.

  6 - Park administration

(1) When the Park is created, the Government shall establish its Administration as a legal entity operating on a self-financing basis. The rules of organization and functioning of the Park Administration shall be approved by the Government.

(2) The Park Administration shall be headed by an administrator, appointed by the Government, on the proposal of the Ministry of Economy, for a term of 5 years. The functions, rights and obligations of the administrator shall be laid down in the Regulation on the organisation and functioning of the Park Administration and included in the contract concluded between the administrator and the Ministry of Economic Development and Digitization.

(3) The sources of income of the Park Administration shall consist of the compulsory membership fees of the residents of the Park, revenues resulting from the duties referred to in Article 13(h) and (l), as well as from other revenues from the exercise by the Administration of its duties. The size of the compulsory membership fees of the Park residents shall be determined by the Park Administration in accordance with its regulations, depending on the number of Park residents and their income from sales.

(4) The administration shall not have the right to interfere in the economic activity of the park residents. 

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See the original = Romanian


Art.

  6 .1

(Not in force yet!)

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Art.

  7 - Residents of the Park

(1) Registration of residents is carried out by the Park administration in accordance with the regulations on registration of Park residents approved by the Government, which explicitly and exhaustively present the procedure and requirements for registration, as well as a sample agreement on the implementation of activities in the Park. Legal entities or individuals who requested the creation of the Park are legally registered as its residents.

(2) A person registered as a Park resident enters into an agreement with the Park administration on activities in the Park and is entered into the register of Park residents on the day of signing the agreement. The contract is concluded for a period of at least four years. The term of the agreement must not exceed the period of operation of the Park.

(3) The contract specifies:

a) the types of activities to be performed;

b) rights and obligations of the Park resident and the Park administration;

c) the amount of the mandatory fee;

d) the types of reports that the resident must submit to the Park administration;

e) liability of the parties for breach of contract;

f) other terms and conditions agreed by the parties.

(4) Residents of the Park, being registered and having their registered office (legal address) in the Republic of Moldova, shall carry out, as their main activity, one or more of the activities referred to in Article 8, including through employees performing remote work on the territory of the Republic of Moldova and/or outside it.

(5) Park residents keep accounting records, prepare and submit financial and other reports and declarations in accordance with the procedure established by the current legislation.

(6) Park residents are not liable for the obligations of the Park administration.

(7) The Park administration maintains a register of Park residents and issues certificates confirming the status of a Park resident.

This is a translation. No guarantees!

See the original = Romanian