Law of the Republic of Moldova on Public Associations
No 837 of 17.05.96
Monitorul Oficial al R.Moldova No 6/54 of 23.01.1997
Chapter VI
Termination of the Activity of Public Association
Article 38. Termination of the activity of a public association.
(1) Termination of the activity of a public association can be implemented by means of:
a) reorganization (affiliation, division, separation, transformation);
b) liquidation.
(2) The order of the termination of the activity of a public association is specified by the founder (founders) and is defined in the Charter of the public association.
Article 39. Reorganization of a public association.
(1) Reorganization of a public association is implemented by the decision of the convention (conference), general meeting of the public association. Registration of the Charter of the newly organized after reorganization public association is performed in the order specified in article 19 of the present Law.
(2) After reorganization of a public association its property passes into the hands of the newly organized legal persons in the order envisaged by the Civil Code.
Article 40. Liquidation of a public association.
(1) Liquidation of a public association is implemented according to the decision of the convention (conference), general meeting or on the basis and in the order specified by article 41 of the present Law.
(2) Property remained as a result of the liquidation of the public association, after satisfying the demands of creditors is directed to objectives, specified in the Charter of the public association, in the absence of the corresponding parts is the Charter of a public association - it is directed to goals, specified by the decision of the convention (conference), general meeting about the legislation of the public association, or by the decision of the court.
(3) If after the liquidation of the public association by the convention (conference), general meeting the problem of the property is not solved, then after the demands of the creditors are satisfied this property is directed to objectives specified in the charter of the public association. Decision of the usage of the property is published in press.
(4) A public association can be liquidated on the decision of court in cases of:
- preparation (or) and implementation of actions directed to violent change of the constitutional system or territorial integrity of the Republic of Moldova;
- preparation and (or) implementation of actions directed to overthrow by force legally formed organs of public power and governing;
- stirring up social, racial, national or religious hatred and hostility;
- violation by its actions rights and liberties of citizens, protected by the legislation of the Republic of Moldova;
- formation in its structure military groups;
- repeated warning of the public association within a year by the organ which registered the Charter of the public association about elimination of violation of the legislation in force.
(5) According to the decision of the court, property of the liquidated public association can become without return the property of the state after satisfying the demands of creditors.
Article 41. Order of appealing against the decision of the court about the
liquidation of a public association.
(1) Decision of the court about the liquidation of a public association can be appealed by its governing organ in higher court in a due legislative order. Decision of the Highest Court of the Republic of Moldova about the liquidation of the public association is final and cannot be appealed.
(2) Recognition of the decision of the court about the liquidation of the public
association as contradictory to the present Law brings about the recall of the given decision and reimbursement by the state damages to the public association in connection with legal liquidation.
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