Reasons for Investing in the RM
The main law, which adjusts the legal foreign investment structure, is “The entrepreneurial activity investment law”, Nr.81 XV, 18.03.2004. The law establishes a line of significant principles and conditions. Investors have following rights and obligations:
The investors rights:
1. The freedom of investment activity.
Companies may invest in all kind of entrepreneurial activities, unless the national security interests are not affected, the antimonopoly law is not disturbed, environment security, population health and social order as well.
2. Investment nondiscrimination.
The investment cannot be discriminated due to the investor’s nationality, residence, registration, country origin or other causes.
Any facilities, which are granted to investors, not contradicting the regulations of international contracts, will be followed and will not be the object of discrimination.
3. Transparency.
Legislative and normative acts, which may directly affect the investments, are to be published according to the valid legislation.
Public authority organs, intending to elaborate a new investment policy, are organizing public consultancy before the implementation of this policy, publish or make it accessible until it’s being accomplished.
Public authority organs will answer to all the investor’s requests and will offer them the investment information.
4. Investor’s right maintenance warranty.
Public authority organs are obliged to observe the investor’s rights, which are granted to them by law. In case of investor’s public authority organs infringement, the investors have the right to demand the recognition of its rights and reimbursement.
The investments cannot be expropriated or exposed to other similar measures, which may forfeit either the investor’s property rights or the right to control the investment.
5. Reimbursement warranty.
The investor profits of the reimbursement rights caused as a result of infringement or other illegal acts of public authority organs. The reimbursement amount of money will be equal to the real amount of prejudice and will be reimbursed on public authority organ’s behalf.
6. Investment settlement of disputes.
Investment disputes should be settled on mutual agreement. In case of the impossibility of dispute settlement on mutual agreement, the dispute is presented to competent judicial authorities of the Republic of Moldova or arbitration, taking into consideration international arbitration contracts.
7. Other rights.
Foreign investors have the right to freely use and transfer means of money and property into the Republic of Moldova and out of its boundaries after having fulfilled tax liabilities.
Foreign investors has the right to freely convert national currency of the Republic of Moldova into foreign currency and vice versa, in accordance with legislation of the RM. Foreign investors have the right to export out of RM its incomes, which remained after having fulfilled the tax liabilities. Foreign investors have the right to purchase real estates in RM having as a target realization of entrepreneurial activities, except for the lands with agricultural purposes and forest funds.
The investors’ obligations:
Investors have to have investment activities according to international contracts, the present law and other legislative acts. Investors have to execute legal demands of the public authority organs.
Last update February the 12th, 2007.