Moldova passes corporate criminal liability bill for EU accession
Moldova’s parliament has passed a key bill in its first reading to extend corporate criminal liability to successor companies created through reorganization.
The measure, approved with 62 votes, aims to close legal loopholes used by firms to evade penalties by restructuring. The reform directly aligns national legislation with European Union standards.
Alignment with EU standards
The legislation fulfills commitments under Moldova's National EU Accession Plan, specifically targeting Cluster 1 on Fundamental Values and rule-of-law roadmaps.
Under the new rules, criminal liability will transfer proportionally based on the value of assets inherited from the dissolved entity that committed the offense.
Sanctions and successor identity
Lawmakers clarified that successor entities will not be found guilty of committing the crime itself. However, they will remain liable because they inherit the economic identity of the offending company.
Courts will calculate sanctions by taking into account the original firm's turnover, total assets, and the share transferred to each resulting entity.
Stricter penalties and public transparency
In line with EU directives, the bill introduces severe new corporate penalties. These include bans on receiving state aid, exclusions from public procurement and grants, and forced judicial liquidation.
Once a conviction against a legal entity is finalized, courts will notify the Public Services Agency to register the offense and sanction in public corporate registries.
The initiative also introduces new aggravating circumstances for money laundering and expands penalties for corporate involvement in organized crime or passive corruption.
The draft bill now awaits a second parliamentary reading. If passed, the provisions will take effect six months after publication in the Official Gazette.
Translation by Iurie Tataru
