Frequently Asked Questions (FAQ)

/Frequently Asked Questions (FAQ)
Frequently Asked Questions (FAQ)2019-11-18T12:54:54+02:00

FREQUENTLY ASKED QUESTIONS – FAQ

“Digore” Law Office presents you with a list of frequently asked questions by our clients. Below we have provided the answers. For your convenience, we categorized them by field of law or services. Click on any of the questions and the answer will unfold under them. Also, click on one of the categories below to filter the questions you are interested in.

If you did not find the question you were looking for, or its answer was not informative enough, we encourage you to contact us / write to us through the “CONTACTS” page.

How many founders can a limited liability company (LLC) have?2019-09-30T08:59:54+03:00

A limited liability company (LLC) can have from 1 to 50 founders.

What is the time frame for registering a limited liability company (LLC)?2019-09-30T09:01:04+03:00

A limited liability company (LLC) is registered within 5 days, but for an additional fee the registration can be made within a day or even within 4 hours.

Where do you submit the documents necessary for the registration of a limited liability company?2019-09-30T09:02:06+03:00

The set of documents is submitted to the I.P. “Public Services Agency”, department of: “Registration and licensing of law units.”.

What are the premises for excluding an associate from a limited liability company (LLC)?2019-09-30T09:03:28+03:00

An associate can be excluded if he does not repay the contribution to the share capital, commits frauds to the detriment of the company or uses its assets to his advantage or that of the third parties.

Who can be the administrator of a company / legal entity?2019-09-30T09:05:12+03:00

A natural person or a legal person can act as a director of a company.

What is a joint stock company (SA)?2019-09-30T09:06:17+03:00

A joint stock company is the trading company whose share capital is divided into shares and whose obligations are guaranteed with the assets of the company.

What is a share?2020-01-03T09:06:26+02:00

A share is a document attesting the right of the owner (the shareholder) to participate in the management of the company, to receive dividends, as well as a part of its assets in case of the company’s liquidation.

Who can create a public association?2019-09-30T09:08:14+03:00

The founders of the public association can be both natural and/or legal persons.

What is the minimum number of founders for a public association?2019-09-30T09:08:41+03:00

A public association must have at least 3 founders (natural and / or legal persons, public associations).

Can the name of a public association be formed from the name and surname of a natural person?2019-09-30T09:09:28+03:00

Yes, the name of the public association can be a natural person’s name, yet only if that person provided her agreement.

How does a public association obtain its legal personality?2019-09-30T10:37:39+03:00

In order to obtain a legal status, the public association must register its status with the Ministry of Justice.

What are the options of the creditor, if the debtor did not fulfil his obligation to return the debt and the term of recovery has expired?2019-09-30T09:13:12+03:00

In this case, the creditor sends an order to the debtor, requesting the execution of the debtor’s obligations.

What is the deadline to apply for a debt claim?2019-09-30T10:32:28+03:00

The application for admission of the claim is submitted within the time limit set in the court decision or in the notification of the provisional administrator.

What options are available to the creditor if, after sending the debt recovery order, the debtor still refuses to repay the debt?2019-09-30T09:35:01+03:00

The creditor can calculate a late interest rate, and if that does not motivate the debtor to fulfill his obligation, the creditor goes to the court and initiates litigation.

What can the patient do in the case of malpractice / medical error?2019-09-30T09:36:52+03:00

The victim patient can bring an action in the court within 3 years from the moment the patient discovered or was due to be aware of the case of malpractice.

What documents should I provide in order to prove a case of malpractice?2019-09-30T09:40:04+03:00

The victim should present the following documents: medical certificates, payment receipts and forensic expertise.

What are the first steps for a divorce?2019-09-30T09:41:38+03:00

Check if your marriage has been registered with the civil status office. You must have the original marriage certificate.

How do I get the marriage certificate if I lost or damaged the original?2019-09-30T09:42:56+03:00

You must request a duplicate of the marriage certificate from the Public Services Agency, filling in a typical application and paying a fee.

What happens if, during the divorcing process and the sharing of the common wealth, one of the spouses alienates its assets (car, money from accounts, etc.)?2019-09-30T09:49:21+03:00

These transactions can be canceled judicially.

What is the deadline for former spouses to divide the common property assets into devalma?2019-09-30T09:51:12+03:00

In order to divide the common property assets of the former spouses into devolution, the law provides time period of 3 years.

Where can the spouses annul their marriage?2019-09-30T09:54:26+03:00

In the Republic of Moldova, the marriage can be annulled at the civil status office, at the notary’s office or in the court, depending on certain circumstances.

What is the amount of alimony for the maintenance of minor children?2019-09-30T09:55:59+03:00

The alimony can be established in a fixed amount or in a share, which varies depending on the number of children.

Who can request the termination of parental rights?2019-11-22T07:55:04+02:00

According to the Family Code, the action can be brought by: one of the parents, the child’s guardian, or the guardianship authority.

What are the premises for the termination of parental rights?2019-11-22T07:54:08+02:00

Parents may be deprived of parental rights in the following scenarios:
– the neglect of parental obligations, including the inability or refusal to pay child support alimony.
– the refusal to take the child from the maternity ward or from another curative, educational institution, from a social welfare institution or similar
– the abuse of parental rights
– cruel behaviour towards the child, physical or mental violence, attempt of sexual assault
– amoral behaviour that has a negative influence on the child
– chronic alcoholism or drug addiction
– crimes against the life and health of children or spouses
– other cases in which the child’s interests and well being are in danger

Is there any legislation on malpractice in the Republic of Moldova?2019-09-30T10:05:49+03:00

Not yet. The legislation in regards to the rights and responsibilities of the patient operates with a similar term, which is called – medical error.

What happens if, for certain reasons, the employee is recalled from his legal vacation before the scheduled date?2019-09-30T10:09:33+03:00

The unused period of the vacation will be rescheduled for a later period of the same year or will be used in the next year (in addition to the standard vacation period for that year).

When can an employee plan his annual paid vacation leave?2019-09-30T10:14:45+03:00

The paid annual leave is scheduled at least 2 weeks before the end of the calendar year.

In the case of the liquidation of the company or the reduction of the personnel states, what obligations does the employer have towards the employee?2019-09-30T10:16:04+03:00

The employer issues a pre-approval order, in which the employee is informed about the reduction of his function. In addition to informing the employee in advance, the employer is obliged to give the employee one day off per week, so that the latter can find another job.

Under what period is the partially paid child-care leave granted?2019-09-30T10:22:03+03:00

The partially paid child-care leave is granted up to the child’s age of 3 years old.

Who can be granted parental leave?2019-09-30T10:23:32+03:00

The father of the newborn child can be granted the right to a paternal leave of 14 calendar days.

Under what conditions is paternity leave granted?2019-09-30T10:25:04+03:00

Parental leave is granted on the basis of a written request within the first 56 days after the child is born. A copy of the child’s birth certificate should be attached to the request.

Is the employee granted paternity allowance during the paternity leave?2019-09-30T10:25:58+03:00

Yes, the father of the newborn child is granted a paternity allowance that cannot be lower than the average monthly insured income.

What are the premises for initiating an insolvency process?2019-09-30T10:28:54+03:00

The general basis for initiating an insolvency process is the inability to pay, and the special one – the over-indebtedness.

Who has the right to apply the introductory request?2019-09-30T10:31:26+03:00

The debtor, the creditor, and other persons indicated by law may submit an application.

How can I recover my debt if the debtor declared insolvency?2019-09-30T10:33:15+03:00

You must submit an application for admission of the debt claim within the deadline.

What kind of creditors are the people who bought a real estate based on the investment contract (contract of purchasing / selling real estate under construction)?2019-09-30T10:34:18+03:00

These creditors belong to the category of secured creditors.

What can I do if I miss the deadline to apply for a claim?2019-09-30T10:35:13+03:00

You can file a claim for restoration in time if there are circumstances related to the creditor or the object of the debt, or if the procedure for notifying the initiation of the process has not been followed.

What documents are required for the registration of a public association?2019-11-22T07:52:35+02:00

In order to register the association the designated person should submit to the Ministry of Justice the following documents: he request for registration of the association’s status, the copies of the minutes of the meetings, the list of the founders, the proof of the headquarters existence, the tax payment receipt.

What should one include in the status of the public association?2019-09-30T10:39:55+03:00

The status of the public association should include the following: the name of the association, the conditions for accession of becoming a member of the association, the purposes of establishing the association, the control and management bodies of the association.

What are the necessary documents for the annulment of a marriage?2019-09-30T11:13:57+03:00

The basic documents are the original marriage certificate, the identity cards, the birth certificates of the children, the marriage contract, if any, etc.

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