Suspension of company activities in Moldova
After the start of entrepreneurial activity, economic and financial activities, not in all cases, can go according to the originally developed plan. Thus, a situation may arise when a pause and revision of the business strategy is necessary.
The main reasons for the suspension of the company’s activities may be:
– extraordinary circumstances under which it is impossible to ensure the normal operation of the company (pandemic, hostilities);
– introduction into regulations of temporary or permanent restrictions on certain types of activities or persons (food embargo, revocation of licenses, introduction of a regime for restricting certain types of activities, etc.);
– the company’s performance of certain seasonal activities (direct connection of the company’s activities with the time of year or climatic conditions);
– circumstances within the enterprise itself associated with the risky nature of the further development of economic and financial activities (organizational, financial, technical circumstances, etc.).
Under such circumstances, the owners of the company have 2 options – to completely liquidate the enterprise or suspend its activities, which will give additional time to adapt to new circumstances and restructure business processes.
Liquidation itself is a rather complicated and lengthy procedure and should be considered as a last resort. An alternative to the liquidation of the company may be the suspension of its activities.
According to legal provisions, after company registration, at the decision of the founder / general meeting, company activity may be temporarily suspended, for a period not exceeding three years, if no debts to the national public budget and to other creditors.
The decision of founder / general meeting on suspension of the company activity, indicating the period of suspension, shall be published in the Official Monitor of the Republic of Moldova.
One month before publication of the announcement, persons responsible for suspension of the company activity are required to notify in writing the company creditors.
Within 2 months from the date of announcement of activity suspension, creditors shall present their claims to the business and territorial office of the Public Services Agency.
Suspension / resumption of enterprise activity shall be registered based on the application of founder / general meeting at the territorial office of the Public Services Agency, with the introduction of the corresponding record in the State Register of enterprises and the notification at the territorial office of the State Tax Service.
The suspension of activities will be registered under the following conditions:
• the founder shall submit the certificates issued by the financial institutions on conditional closing of accounts;
• the seal shall be given in charge at the territorial office of the Public Services Agency;
• expiry of the period for submitting of the claims by the creditors.
The following documents shall be presented for the registration of the suspension (resumption) of the activities at the territorial office of the Public Services Agency:
• application on registration of suspension or resumption of activities, according to the sample approved by the Public Services Agency;
• decision on suspension or resumption of activities, adopted by the relevant authority of each legal entity;
• constitutional documents;
• constitutional documents of newly founded legal entities;
• copy of the notification of suspension or resumption of activities of legal entity, published in the Monitorul Oficial of the Republic of Moldova;
• certificate, issued by the territorial tax inspectorate, which confirms the absence of the debts to the national public budget at the time of adopting the decision of suspending the activity.
Within the entire period of activity suspension, the business is released from presentation of financial and tax reports, as well as from tax and duty payments, except for real estate tax (if there is such property) that is paid and reported. In this case, payments are made from the funds of the business immediately after the expiry of the suspension term.
The Founder or general meeting has the right to cancel at any time the decision on activity suspension requesting to the state registration authority to introduce the mention on resuming business activity in the State Register of enterprises.
Within the period of business activity suspension, any entrepreneurial activity is prohibited.
Entrecpreneurial activity within the period of business activity suspension without registering resumption of this activity entails liability for illegal carrying-out of entrepreneurial activity under the current legislation.
If, after the declaration of temporary suspension of business activity, there is any creditor, Public Services Agency will cancel the suspension.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.