§ Electoral Code art. 56Regime of bank accounts marked ‘Electoral Fund’/‘For the initiative group’

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Regime of bank accounts marked ‘Electoral Fund’/‘For the initiative group’
(1) The electoral competitor, the referendum participant or the initiative group shall,
within 3 days after registration, open an account with the bank marked ‘Electoral Fund’/‘For
the initiative group’, transferring to it its own financial means as well as other financial means
received in accordance with the law from natural persons who are citizens of the Republic of
Moldova or legal persons of the country.
(2) Banks shall open an account marked ‘Electoral Fund’/‘For the initiative group’ after
registration of the electoral competitor, referendum participant or initiative group, but no later
than 3 days after the submission of the application at the bank. The opening and closing of
those accounts shall be free of charge.
(3) In the case of political parties and electoral blocks, the account marked ‘Electoral
Fund’/‘For the initiative group’ may also be opened before the registration of the electoral
competitor, referendum participant or group of initiative, but the proceeds, transfers and
expenses of the money from this account shall only be made after the registration of the
electoral competitor, referendum participant or initiative group.
(4) Within 24 hours of the opening of the account marked ‘Electoral Fund’/‘For the
initiative group’, the electoral competitor, the referendum participant or the initiative group shall
inform the Central Electoral Commission or, where appropriate, the electoral constituency
council in writing and communicate the relevant bank details.
(5) Within 3 days of registration, the electoral competitor, the referendum participant
or the initiative group which does not open an account with the bank marked ‘Electoral
Fund’/‘For the initiative group’ shall inform the Central Electoral Commission in writing, or as
the case may be the electoral constituency council, and shall only carry out campaign or
electoral promotion activities that do not entail any financial expenses.
(6) Political parties and electoral blocks which have nominated candidates in local
elections shall open a single bank account marked ‘Electoral Fund’ and propose for
confirmation to the Central Electoral Commission a person responsible for finance (treasurer)
in accordance with Article 55. All financial means related to the financing of the election
campaign of registered candidates from electoral parties and blocks shall be managed through
this account.
(7) If more than one type of election is organised on the same day, electoral
competitors shall open separate accounts for each type of election.
(8) All expenditure on the activity of initiative groups and election campaigns shall be
made from the means on the account marked ‘Electoral Fund’/‘For the initiative group’.
(9) The financial means from the ‘Electoral Fund’/‘For the initiative group’ account may
be used only after they have been declared to the Central Electoral Commission and, in the
case of independent candidates in local elections, to the electoral constituency council;
(10) Cash collection and/or transfer of cash to/from the ‘Electoral Fund’/‘For the
initiative group’ account shall be carried out exclusively in national currency.
(11) The bank in which accounts are opened marked ‘Electoral Fund’/‘For the initiative
group’ shall inform the Central Electoral Commission, or as the case may be the electoral
constituency council, of the cash movements and the balance on the respective bank accounts
on a daily basis. The manner in which the information referred to in this paragraph is to be
presented shall be determined by the Central Electoral Commission and shall be presented at
the request of the Commission or, where appropriate, at the request of the electoral
constituency council. The bank shall also submit the documents relating to the operations in
those bank accounts.
(12) Immediately after the expiry of the deadline for collecting signatures or the
completion of the signature collection process, the initiative group shall inform the bank of this
fact with a view to suspending operations in the account ‘For the initiative group’ and shall
take action to close this account in accordance with the banks’ internal procedures.
(13) In the case of electoral competitors and referendum participants, the last
payments from the ‘Electoral Fund’ account shall be made on Monday following the day of the
vote. On Tuesday, banks shall suspend operations in the bank account ‘Electoral Fund’ and
shall take action to close down or suspend the account, in accordance with the banks’ internal
procedures.
(14) Cash collection and/or transfer of cash to the ‘Electoral Fund’/‘For the initiative
group’ account after submission of the final report in accordance with Article 58 shall be
prohibited.
(15) After submission and examination of final reports, the electoral competitor, the
referendum participant or the initiative group shall be required to transfer the balance from the
‘Electoral Fund’/‘For the initiative group’ account into the State budget and to take action to
suspend or close down the account in accordance with the banks’ internal procedures, with
the following exceptions:
a) in the case of initiative groups set up by political parties, the balance in the ‘For the
initiative group’ account may be transferred to the political party’s bank account or to the
‘Electoral Fund’ account, immediately informing the committee thereof. The balance may also
be transferred, on written request, within 3 days of the expiry of the time limit laid down in
paragraph (12), to the branch of the bank where the account ‘For the initiative group’ has been
opened;
b) in the case of initiative groups set up by citizens to support candidates in elections,
the balance in ‘For the initiative group’ account may be transferred to the ‘Electoral Fund’
account of the candidate supported and registered as an electoral competitor, immediately
informing the committee of this fact or, where appropriate, the electoral constituency council.
The balance may also be transferred, on written request, within 3 days of the expiry of the
time limit laid down in paragraph (12), to the branch of the bank where ‘For the initiative group’
account has been opened;
c) in the case of political parties, the balance on the ‘Electoral Fund’ account may be
transferred to their bank account and immediately communicated to the committee. The
balance may also be transferred, on written request, within 3 days of the expiry of the time
limit laid down in paragraph (13), to the branch of the bank where the ‘Electoral Fund’ account
has been opened;
d) the provisions of subparagraphs (a) and (c) shall also apply accordingly to the
electoral blocks provided the procedure to that effect is laid down in the agreements
establishing the electoral blocks.
(16) In the event of non-compliance with the provisions of paragraph (15), the Central
Electoral Commission, or as the case may be, the electoral constituency council, within 3 days
after the expiry of the period referred to in paragraph (15) (a) to (c), may order to close the
account marked ‘Electoral Fund’/‘For the initiative group’ of the electoral competitor, the
referendum participant or the initiative group, and to oblige the bank to transfer the balance
from the ‘Electoral Fund’/‘For the initiative group’ account to the State budget, after all fees
have been charged.
(17) Once the decision of the Central Electoral Commission on the establishment of
the second ballot or the repeated vote is adopted, the suspension of operations in the Electoral
Fund account shall be cancelled by the banking institution under the request of the electoral
competitor.

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