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Article 10. Company with majority participation and company with majority possession
(1) The company shall be entitled to execute the control upon other companies and to have
dependent companies in the Republic of Moldova created pursuant to this Law and other legal acts, and
outside the republic - also pursuant to the legislation of a foreign state, if the international agreement of
the Republic of Moldova does not say otherwise.
(3) The joint-stock or other commercial company shall be deemed a dependent, if another ( dominant)
company by virtue of buying a controlling block of shares (participating shares) or on other grounds is
able to determine in the direct or indirect manner decisions made by a dependent company.
(31) It presumes that a company with majority possession is dependent of the company with majority
participation in it.
(4) The dominant company shall be entitled to give to dependent company mandatory instructions only
if this is stipulated in the respective provisions of the charter of each company.
(5) The dominant company entitled to give mandatory instructions to a depended company shall bear
subsidiary liability with a depended company for obligations by the latter, resulting from instructions
execution of the dominant company.
(6) In the event of insolvency of a dependent company due to execution of mandatory instructions of
the dominant company the latter shall bear subsidiary liability for its obligations and debts.
(7)The shareholders of the dependent company shall be entitled to require the dominant company to
repair the damages caused to the dependent company as a result of mandatory instructions fulfillment
of the dominant company.
(9) The company is not dependent if:
a) another company bought less than 25 per cent of its voting shares (participating shares) of the
dependent company; and
b) National Agency on Concurrence Protection did not prove that another company has the possibility to
considerably affect its decision-making by the dependent company.
(10) Dependent companies are prohibited to possess shares and other securities of the dominant
company.