ACI Partners: Legal Flash No. 14

ACI Partners: Legal Flash No. 14

• 18.08.2016

This Legal Flash No 14 deals with professional integrity test, new concept of “percentage designation” in NGO laws, and a variety of amendments to banking legislation. 

According to the new amendments, holding a public office is now conditioned by a professional integrity test. A candidate for a public office shall present a record of professional integrity for the last five years, which shall not have a negative result of his/her professional integrity test. Similarly, upon employment the person applying for a job shall present to employer a sworn statement on the fact that during the previous activity at the workplace he/she has not breached Article 6 par.
(2) of the Law of the Republic of Moldova on the assessment of institutional integrity. This does not apply for the person who applies for job for the first time. According to the law a judge shall authorize undergoing a professional integrity testing under a special procedure covered by the Civil Procedure Code. The judge who authorized the decision to initiate professional integrity test will review the materials obtained within the professional integrity test.

The Law on public associations (”The Law”) was amended and supplemented among the other laws. The amendment to the Law refers to “percentage designation”, that is allocation of funds as a form of state indirect support of non-commercial organizations of public benefit. It also speaks of liability for improper use or failure to report the use of funds obtained from the percentage designation, including:

• conditions which public associations, foundations and private institutions shall meet in order to benefit from the percentage designation;
• areas in which financial instruments obtained following designation percentage may be used, and new limits within which administrative expenses may be covered;
• public associations, foundations, private institutions non-compliant with the rules on the use of funds obtained from the designation percentage or failing to report their use will be excluded from participation to designation percentage for a term of twoyears with publication of their name on the Ministry of Justice official website.

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ACI Partners

ACI Partners is a dynamically growing Moldovan law firm with an expanding network of partners throughout Europe. ACI Partners was established by separation of the legal business from Ernst & Young Moldova and as such it draws from the latter|s long-acknowledged ability to offer competent advice. ACI Partners’ business strategy is to deliver a solid and reliable service, which the clients may turn to whenever they need. To reach this goal, ACI Partners employs a personalized approach to each client, showing a genuine respect for their values and unqualified commitment to their interests and needs, steadily investing in knowledge and data management and ensuring a working environment consistent with their clients’ quality demands and high expectations.