Our Partners are often invited to speak at professional business forums and to publish their views with specialized journals or newspapers. Recent articles and presentations are posted herein.
If you are interested in getting further information, please contact us.
RECENT PUBLICATIONS
[On-going]
Find here our interviews and articles on BizLaw web-portal.
[March 2016]
Case law on material liability and damages recovery / The 3rd National Labour Law Conference, 31 March 2016
By: Viorica Bejan
In the speech delivered to HR specialists and legal professionals Senior Associate Viorica Bejan has analyzed the recent court rulings on the material liability of employer and employee and the recovery of damages.
[September 2015]
Moldova: Any-Money Laundering Overview / Complinet Country Guide.
By: Roger Gladei and Stefan Milicenco
In the Republic of Moldova, traditionally certain forms of tax evasion or illicit entrepreneurship have been associated with money laundering. More recently, especially after enactment and first instances of enforcement of the last Law on Prevention and Combating of Money Laundering and Terrorism Financing dated July 26, 2007 clear distinction has been made between money laundering and tax evasion or illicit entrepreneurship. First published on Thomson Reuters on September 3, 2015.
[June 2015]
Cloud Computing in Eastern Europe, Survey of Regulatory Frameworks (2nd Edition)
By: Roger Gladei and Corina Voda
This publication addresses the most important legal issues relevant for legal practitioners and business people dealing with cloud computing products and services in 26 jurisdictions across the region. This survey was prepared and coordinated by the specialist cloud computing and data protection team at PIERSTONE, a technology law firm in Prague, Czech Republic in collaboration with legal experts from the local law firms, including Gladei & Partners (Moldova).
[May 2015]
Moldova: Insurance Overview / Complinet Country Guide.
By: Roger Gladei and Aelita Orhei
Moldovan insurance business regulation continues to be steadily upgraded, partly due to diversification of the local insurance market, and partly due to Moldova’s closer, recently formalized ties to the European Union.
First published on Thomson Reuters on May 14, 2015.
[January 2015]
VAT laws and practices in Moldova / Bloomberg BNA VAT Navigator
By: Roger Gladei and Corina Voda
New! VAT Navigator - This country-by-country guide provides businesses and tax professionals with comprehensive coverage of global VAT laws and practices for 114 jurisdictions across the globe. The Navigator covers GST and VAT laws dealing with 75 different topics to help manage certain elements of compliance and quickly access rates and thresholds. The VAT Navigator is part of Bloomberg BNA's Premier International Tax Library. View it on free trial today by visiting www.bna.com/premtax.
[November 2014]
Movable pledge and leasing in light of the recent legislative amendments / Workshop for finance and banking lawyers, 19 November 2014
By: Roger Gladei
Benefits and risks arising out of the new secured transactions legislation are chopped up by Roger Gladei
Moldovan financial services and capital market legislation has undergone significant modernisation in recent years. Such modernisation has had as objectives: (i) reviving the capital market and increasing access to finance through capital market; (ii) shift from rulebased ("tick-the-box" approach) to risk-based supervision; and (iii) harmonisation of national laws on credit and financial institutions, capital market, insurance and leasing with European Union legislation.
First published on Thomson Reuters Accelus on August 27, 2014.
[August 2014] Moldova: summary of anti-money laundering legislation / The International Bar Association (IBA) Anti-Money Laundering Forum, the lawyers' guide to legislation and compliance
By: Roger Gladei and Stefan Milicenco
Under the provisions of Article 8(1) of the AML Law, any lawyer is under the obligation to notify the NAC immediately of any transaction or activity which is under planning, in process, or executed that is suspected as money laundering
[April 2014] Case law on dismissing of employees / Labour Law Conference 2014
By: Aelita Orhei
In the speech delivered to HR specialists and legal professionals Senior Associate Aelita Orhei presented court decisions on dismissing of personnel and analysed when minor inconsistencies in dismissing personnel do not lead to cancellation of the dismissal
[February 2014] Moldova: Anti-Money Laundering Overview / Complinet Country Guide.
By: Roger Gladei and Aelita Orhei
The new Law on Prevention and Combating of Money Laundering and Terrorism Financing dated July 26, 2007 sets forth the framework for anti-money laundering and terrorist financing measures. In comparison to the first anti-money laundering law, which was enacted in 2001, the new law is in accord with the relevant international standards. The 2007 AML Law extended the range of reporting entities. The guidelines for suspicious activities and transactions, which the Centre for Combating Economic Crimes and Corruption passed, are aimed to help the reporting entities in transaction assessment.
[June 2013] Business culture profile - a Moldovan perspective / International Conference "MACRO 2013: A global view on Moldova's economy"
By: Roger Gladei
MACRO Annual International Conference is organized by the EXPERT-GRUP independent think tank in partnership with the Friedrich-Ebert-Stiftung and aims at providing a platform for a comprehensive discussion of the Republic of Moldova country risks, including economic, political, security and social, and how these risks shape the Moldovan economic trajectory.
Moldovan financial services and capital market legislation has undergone significant modernisation in recent years. Such modernisation has had as objectives: (i) reviving the capital market and increasing access to finance through capital market; (ii) shift from rule-based to risk-based supervision; and (iii) harmonisation of national laws on credit and financial institutions, capital market, insurance and leasing with European Union legislation. This new wave of legislative reform ultimately aims to create an investor-friendly legal environment which is seen as a precondition for sustainable growth of market-based Moldovan economy.
[March 2013] Political Turmoil Affects Business / Interview published in 'Banks and Finances. Profit' journal
By: Roger Gladei Source: Banks and Finances. Profit
In an exclusive interview Roger Gladei speaks on the impact of the political uncertainties on business environment, the relations between authorities and business, as well as the major challenges investors face while doing business in Moldova.
[February 2013] Legal Pocket Guide for the ICT Industry / Presentation at the ATIC Annual Meeting
By: Corina Voda
Developed by Gladei & Partners in cooperation with the Moldovan Association of Private ICT Companies (ATIC), the Legal Pocket Guide is the primary source of legal advice for any ICT company doing business in Moldova or just planning to set up.
Both Moldova and Georgia are similar to each other in certain aspects of their political and economic situations, which could well be the reason why their political leaders (but also the politicians of many other countries) opted for EU Integration, being driven by the benefits of access to a large internal market.
The latest amendments to the Law on Insurance dated December 21, 2006 and the Law on Compulsory Motor Third Party Liability Insurance dated December 22, 2006, appointed for full implementation by the end of 2012, represent a steady upgrade of the Moldovan insurance business regulation. Current insurance legislation core provisions encompass: Life and non-life (general) insurance businesses require separate, exclusive licences. Life insurance businesses are allowed to subscribe risks covered by general (accident and health) insurance without having a separate licence, provided that such risks are ancillary to the ones already insured.
[April 2012] Moldova: Securities and Banking Overview / Complinet Country Guide.
By: Roger Gladei and Aelita Orhei
Moldovan financial services and securities legislation has undergone significant modernisation in recent years. Such modernisation was focused on: (i) fuelling the capital market by streamlining the securities issuance and secondary market transfer rules; (ii) unifying the supervision of all non-banking financial institutions under the roof of a single supervisor; and (iii) harmonisation of national laws on credit institutions, capital market, insurance and microfinance organisations with European Union legislation. This new wave of legislative reform ultimately aims to create an investor-friendly legal environment which is seen as a precondition for sustainable growth of market-based Moldovan economy.
[March 2012] Moldova: Insurance Overview / Complinet Country Guide.
By: Roger Gladei and Aelita Orhei
The adoption of the Law on Insurance No. 407-XVI dated December 21, 2006, and subsequent regulations issued by the public regulator, marked a turning point in insurance business regulation in Moldova. Insurance regulatory and supervisory power is vested in the financial market "mega-regulator", the National Commission for Financial Market.
[October 2010] Enforcement of Security / International Conference 'Current issues in Moldovan financial-banking industry'
By: Roger Gladei
Quick, cheap and simple enforcement of security is crucial in the secured lending. New Law on Mortgage and the revised Enforcement Code leaped into re-balancing the interests of creditor and debtor and improving the enforcement proceeding.
[October 2009] Acquisition in the banking, insurance and leasing industries / IFLR1000 2010.
By: Roger Gladei
Ranked fifth among 184 countries surveyed under the Banker's 2009 World Financial Health Index, Moldova might well claim that its financial sector is healthy and thus interesting for potential investors. High investment returns combined with stable legal and regulatory environment bring Moldova onto the expansion maps of important EU and other foreign investors.
[June 2008] Mortgage and Immovable Loans: the Modern Trends / Workshop for the banking and non-banking financial institutions' specialists.
By: Roger Gladei
Mortgage lending legislation in Moldova has been developed on a piecemeal basis and is still very patchy. The presentation focuses on the practical issues related to mortgage creation and enforcement, as well as on the main provisions on the draft Law on Mortgage and how it deals with the current issues.
[June 2008] Mortgage and Immovable Loans: the Modern Trends / Workshop for the banking and non-banking financial institutions' specialists.
By: Roger Gladei
Mortgage lending legislation in Moldova has been developed on a piecemeal basis and is still very patchy. The presentation focuses on the practical issues related to mortgage creation and enforcement, as well as on the main provisions on the draft Law on Mortgage and how it deals with the current issues.
[April 2008] The Policy Brief on Corporate Governance of Banks in Eurasia: a Member View / EBRD-hosted Conference on Corporate Governance of Banks in Eurasia
By: Roger Gladei
Under the aegis of OECD and EBRD, an international Task Force consisting of representatives from ten Eurasian countries (including Moldova) has developed a Policy Brief on Corporate Governance of Banks in Eurasia. The purpose of the Policy Brief is to serve as a source of reference together with the OECD Principles of Corporate Governance and the Basel Committee on Banking Supervision Guidance Enhancing Corporate Governance for Banking Organisations. The Policy Brief makes a series of recommendations which could be helpful for both the lawmakers, regulators and industry professional associations in their effort to improve the corporate governance framework.
[March 2008] Corporate Bonds as Company Financing Source / Article published in 'Экономическое обозрение ЛОГОС-ПРЕСС' (Economic Review LOGOS-PRESS) Newspaper
By: Roger Gladei
Recent amendments to the securities legislation opened for the best Moldovan corporations the opportunity of getting access to an alternative source of debt financing -corporate bonds. The article delineates the conditions for corporate bond issuance on both domestic and foreign markets and identifies Moldovan companies which stand better chances for successful bond IPOs: industry leaders, exporters and real estate developers.
[December 2007] Legal Framework of Bond Issuance / USAID-sponsored Conference 'Building a Bond Market in Moldova: Essential Steps for Development'
By: Roger Gladei
Sporadic issuances of corporate bonds denote that either Moldovan companies lack the understanding of the associated benefits or that legal framework remains defective, or both. Addressed to a wide business attendance, the presentation points at the practical problems related to a bond issuance and suggests certain solutions thereto.
[June 2007] No Foreign Investor will Step into the Market without Knowing the Rules of the Game / Interview published in 'Capital Market' Newspaper
By: Roger Gladei
The new-fledged Corporate Governance Code is based on the well-known 'comply or explain' principle and makes the first step toward self-regulation, built around the soft law concept. Although the Code is not binding, adherence thereto will help the Moldovan companies to prevent corporate problems and gain in momentum for future growth.
[April 2007] Corporate Governance Enhancing - the Current Agenda / Article published in 'Capital Market' Newspaper
By: Roger Gladei
A recent Ernst & Young research has shown that within the following three years Moldova is going to become an important SEE investment destination. While assessing the business risks, the investor is paying an increased attention on corporate affairs of the investee, including the sound management, clear lines of responsibilities and prevention of conflict of interests. As far as banks are concerned, two additional issues needs consideration, namely the 'technological lack of transparency' of banking operations and the relation between regulation and 'moral hazard'.
