E-notice attesting impediment justifying nonfulfillment of obligation

A new digital service enables to obtain a E-notice attesting the impediment justifying the nonfulfillment of an obligation (force majeure). This way, entrepreneurs will submit an application online by filling out a form and attaching the documents needed for obtaining the certificate. The platform on which this service is available also enables to obtain an electronic document with the digital signature of the issuing authority. The Chamber of Commerce and Industry of the Republic of Moldova, in partnership with the USAID-funded Moldova Structural Reform Program, presented today the procedure for using the notice, explaining all the stages for submitting an online application through www.client.chamber.md, IPN reports.

Natalia Calenic, deputy head of the Chamber of Commerce and Industry, said the service that is known as a force majeure certificate is developed at international level by the International Chamber of Commerce. This institution provided the model force majeure clause and all the entrepreneurs for all over the world include in it commercial contracts. The possibility of obtaining the certificate online enables to save time and money. These notices are asked and issued on paper only at the Chamber’s offices in Chisinau. The service can be accessed from a computer or a cellphone by using different types of digital signatures. It is also integrated into the Mpay system that enables to pay for the service online.

Douglas Muir, Chief of Party at the USAID Moldova Structural Reform Program, said the force majeure clauses are often associated with an ambulance. Even if no one wants “to get onto it”, its availability is extremely important when something happens. “Since the start of the pandemic, a lot of businesses have been affected and there are situations when the economic activity was interrupted, agreements were interrupted and jobs were lost. As a result, the force majeure clauses in the fulfillment of obligations were invoked not only once. The Chamber of Commerce adopted a pro-active position in dealing with such a situation by launching the service to issue digitalized force majeure certificates,” noted Douglas Muir.

Representatives of the Chamber said that the E-notice attesting the impediment justifying the nonfulfillment of an obligation is issued within 30 calendar days of the submission of an application and the necessary documents. If additional data are requested, the period is extended by up to 15 calendar days. At the substantiated request of the applicant, if the original notice is lost or damaged, a copy of this is issued.

According to data of the Chamber of Commerce and Industry, last year and this year the Chamber received about 150 applications for obtaining this notice and most of the cases were related to the pandemic situation. The applicants included agricultural producers affected by drought and other natural disasters.

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