Regime of donations (1) Donations to initiative groups, electoral competitors or referendum participants may consist of: a) cash donations from employee, entrepreneur, scientific or creative work carried out by citizens of the Republic of Moldova from scholarships, pensions, social benefits or other statutory income, excluding social assistance. b) donations in the form of property, goods, merchandise, objects, works or services free of charge or on terms more favourable than commercial or market value. These donations shall be reflected in their market value and shall not exceed the limits of the donations provided for in paragraph (4). (2) Initiative groups, electoral competitors and referendum participants, including political parties that have nominated candidates for elections or set up initiative groups, shall only be entitled to accept donations in money directly to the ‘Electoral Fund’/‘For the initiative group’ account. (3) Political parties that have formed groups of initiative and/or nominated candidates in the elections shall be entitled to accept donations exclusively to ‘Electoral Fund’/‘For the initiative group’ account, in accordance with the rules laid down in this Code. The political party may transfer to ‘Electoral Fund’/‘For the initiative group’ account its own financial means held in its account on the date on which the election campaign or signature collection period begins, subject to the submission of the financial report to the Central Electoral Commission indicating the dates referred to in Article 58 (1). (4) Contributions in the form of donations may be made by natural and legal persons, subject to the restrictions laid down in Article 54 (5), as follows: 1) Natural persons who are citizens of the Republic of Moldova: a) shall be entitled to donate during the period of activity of the initiative groups and during election campaigns up to 6 average monthly salaries set for that year, and this ceiling may not exceed 30% of their annual income for the previous calendar year; b) if they hold the status of public persons, civil servants, including special status, or employees of public organisations within the meaning of Law No 133/2016 on the declaration of assets and personal interests, they may donate maximum 10% of their annual income, not exceeding 6 average monthly salaries determined for that year; c) where the donor enjoys only scholarships or other social benefits, the donation ceiling may not exceed an average monthly salary for the year in question; d) donations may be made, in the course of a budget year, to one or more initiative groups, electoral competitors or referendum participants up to the ceilings laid down in subparagraphs (a) to (c); e) may donate cash of up to an average national salary set for that year. Cash donations may be used only after they have been deposited in the ‘Electoral Fund’/‘For the initiative group’ account. The Central Electoral Commission shall determine the procedure for collecting and depositing cash donations; f) may donate more than the limit laid down in point (e) exclusively by means of banking operations. Donations carried out through banking transactions can be made via bank card accounts opened in banks in the country or abroad and/or by transfer (bank transfer) to ‘Electoral Fund’/‘For the initiative group’ account. 2) Legal persons: a) shall have the right to donate to the bank account ‘For the initiative group’ and ‘Electoral Fund’ cumulatively up to 12 average monthly salaries set for that year; b) may donate cash to the ‘Electoral Fund’/‘For the initiative group’ account only by transfer, together with a declaration on honour that there are no restrictions provided for in Article 54 (5) (d), (f) and (g); c) shall present the information issued by the State Tax Service confirming the absence of debts to the State budgets. (5) Donations made in excess of the fixed ceilings, as well as the amounts received in breach of paragraph (4), point 2, shall be paid to the State budget, based on the decision of the Central Electoral Commission. (6) The specific features of contributions in the form of donations, the conditions and the manner in which they are recorded, and the procedure for reporting them, shall be laid down in regulations approved by the Central Electoral Commission.
§ Electoral Code art. 57Regime of donations
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