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Article 56
 

Regime of bank accounts marked „Electoral Fund”/”Intended for initiative group”


(1) The electoral competitor, a participant in the referendum or the initiative group, within 3 days of its registration, opens a bank account marked „Electoral Fund”/ ”Intended for initiative group”, transferring to it its own funds and funds received, in accordance with the law, from natural persons who are citizens of the Republic of Moldova or from domestic legal persons. For the purposes of opening the account marked “Electoral Fund”/“Intended for initiative group”, the electoral competitor, the participants in the referendum or the initiative group must to be subjects to fiscal records in the manner established in Article 162 (1) a) of Tax Code No 1163/1997.


(2) Banks shall open for the electoral competitor, participant in the referendum or for the initiative group, an account marked „Electoral Fund”/”Intended for the initiative group” after the registration of the electoral competitor, participant in the referendum or the initiative group, but no later than 3 days after the application has been submitted to the bank. The opening and close of those accounts shall be free of charge.


(3) In the case of political parties and electoral blocs of parties, the account marked „Electoral Fund”/”Intended for initiative group” may be also opened until the registration of the electoral competitor, participant in the referendum or the initiative group. The funds shall be received to this account only after the electoral competitor, the participant in the referendum or the initiative group has been registered. Transfers of funds from this account shall be made only after the electoral competitor, the participant in the referendum or the initiative group has been registered, but not earlier than 30 days before the Elections Day.


(4) Within 24 hours of opening the account marked „Electoral Fund”/”Intended for the initiative group”, the electoral competitor, the participant in the referendum or the initiative group, shall inform, in writing, the Central Electoral Commission or, where appropriate, the Electoral Council and communicate those banking data.


(5) Within 3 days of its registration, the electoral competitor, the participant in the referendum or the initiative group who does not open a bank account marked „Electoral Fund”/”Intended for initiative group”, shall inform the Central Electoral Commission in writing or, where appropriate, the Electoral Council and conducts only electoral campaign or promotion activities which do not involve any financial costs.


(6) The political parties and the electoral blocs of parties which have appointed candidates in local elections, open a single bank account marked „Electoral Fund” and propose a person responsible for finance (treasurer) for confirmation to the Central Electoral Commission in accordance with Article 55. All funds related to the financing of the electoral campaign of registered candidates, nominated by political parties and by electoral blocs of parties, shall be managed through this account.


(7) If several types of elections are organised on the same day, competitors shall open separate accounts for each type of election.


(8) All the expenses for the activity of initiative groups and for electoral campaigns shall be covered from the account marked „Electoral Fund”/”Intended for initiative group”.


(9) The financial means from the account marked „Electoral Fund”/”Intended for initiative group” may be used only after being declared to the Central Electoral Commission and, in the case of independent candidates in local and regional elections, to the District Electoral Council.


(10) The cash receipt and/or transfer of funds to/from the account, marked “Electoral Fund” or “Intended for initiative group”, shall be carried out exclusively in national currency.


(11) The Bank in which accounts marked “Electoral Fund”/“Intended for initiative group” are being opened, shall inform daily, by electronic means, the Central Electoral Commission or, where appropriate, the District Electoral Council on the money flow and on the balance on the respective bank accounts. The information submission procedure referred to in this paragraph shall be determined by the Central Electoral Commission. The information shall be presented at the request of the Commission or, where appropriate, at the request of the District Electoral Council. The Bank also submits the documents referred to the opearations from those bank accounts.


(12) After the expiry of the deadline set for the collection of signatures or after completion of the process of collecting signatures, the Initiating Group shall inform the bank accordingly, in order to suspend the operations from the account marked “Intended for initiative group” and perform closing actions for that account, in accordance with the banks’ internal procedures.


(13) In the case of electoral competitors and participants in the referendum, the latest payments from the account marked „Electoral Fund” shall be made on Monday, immediately after the Elections Day. On the following Tuesday, banks shall suspend operations on the account marked „Electoral Fund” and take the closing actions or, where appropriate, suspend the account, in accordance with the banks’ internal procedures.


(14) It is prohibited to receive cash and/or transfer of funds to the account, marked “Electoral Fund” or “Intended for initiative group”, after the submission of final report, in accordance with Article 58.


(15) Following submission and examination of the final reports, the electoral competitor, the participants in the referendum or the initiative group shall be required to transfer the balance from the account marked “Electoral Fund”/“Intended for the initiative group” to the State budget and to suspend or close the account, in accordance with the internal procedures of the banks, with the following exceptions:


a) in the case of initiative groups established by political parties, the balance of the account marked „Intended for the initiative group” may be transferred to the bank account of the political party or to the account marked „Electoral Fund”, immediately communicating that fact to the Commission. The balance may also be transferred by written application, submitted, within 3 days from the expiry of the period laid down in paragraph (12), to the bank in which was opened the account marked „Intended for initiative group”;
b) in the case of initiative groups established by citizens to support candidates in elections, the balance from the account marked “Intended for the initiative group” may be transferred to the account marked “Electoral Fund” of the candidate supported and registered as an electoral competitor, by immediately communicating that fact to the Commission or, where appropriate, to the District Electoral Council. The balance may also be transferred to the bank in which was opened the account marked „Intended for initiative group”, by written application, submitted within 3 days from the expiry of the period laid down in paragraph (12).
c) in the case of political parties, the balance of the account marked “Electoral Fund” may be transferred to their bank account, by immediately communicating that fact to the Commission. The balance may also be transferred, by written request, submitted within 3 days from the expiry of the period laid down in paragraph (13), to the bank in which was opened the account marked “Electoral Fund”;
d) the provisions of lit. a) and c) shall apply also to electoral blocs of parties, under the condition that they have provided the procedure in this regard, in the agreements establishing the electoral blocks.


(16) In the event of failure to comply with the provisions of paragraph (15), the Central Electoral Commission or, where appropriate, the District Electoral Council, within 3 days from the expiry of the period laid down in paragraph (15) lit. a) to c), may order, by decision, the closure of the account marked „Electoral Fund”/”Intended for initiative group” of the electoral competitor or of the participant in the referendum or of the initiative group and to oblige the Bank to transfer the balance from the account marked „Electoral Fund”/”Intended for initiative group” to the State budget, after charging all the fees.


(17) From the moment the decision of the Central Electoral Commission establishing the second round of elections or Repeated voting is adopted, the suspension of operations in the account marked “Electoral Fund” shall be cancelled by the bank, at the request of the electoral competitor.