Decision No. 47/5 of 15 September 2026 Regarding the Preliminary Application Submitted by Mr [...]

REPUBLIC OF MOLDOVA
NATIONAL FINANCIAL MARKET COMMISSION
77 Ștefan cel Mare și Sfânt Blvd., Chișinău, MD 2012, tel: (373 22) 859 401, www.cnpf.md, e-mail: office@cnpf.md DECISION 15 September 2026 No. 47/5 Regarding the Preliminary Application Submitted by Mr [...]

On 21.08.2026, within the National Financial Market Commission (CNPF), the Preliminary Application submitted by Mr [...] (petitioner), registered under no. 7290, was received, in which the following is requested:

1. Taking the case for direct and priority examination by CNPF specialists, without leaving the resolution solely to BC "MOLDINDCONBANK" SA.
2. Conducting a specialized inspection at the bank to establish the reasons for the illegal withholding of my funds at the maturity date.
3. Imposing strict sanctions on BC "MOLDINDCONBANK" SA and the persons with responsible positions within it for blocking/non-release of monetary funds at the contractual term and violation of legislation on consumer protection.
4. Issuing a mandatory prescription summoning the bank to immediately release all amounts owed to me (the full deposit)." (Preliminary Application).

Regarding the case, it should be noted that, in order to ensure a comprehensive, objective, and transparent investigation that offers the real possibility of analyzing the petitioner's claim, the petitioner is informed that the examination of the factual and legal circumstances relevant to the case, in preliminary order, is carried out by distinguished executors within the CNPF.

In fact, on 06.08.2026, within the CNPF, the petition of Mr [...], with the documents attached to it, was registered (under no. 6785), regarding the obligation of BC "Moldindconbank" SA (bank) to return the deposit according to the Bank Deposit Establishment Contract no. [...] (Contract) and to examine the bank's actions in light of the legislation on consumer protection of financial services.

Regarding the case, under Article 82(4) of the Law on the National Financial Market Commission no. 192/1998 (Law no. 192/1998), the CNPF, by letter no. 04-5/3477 dated 12.08.2026, forwarded the petition of Mr [...] to BC "Moldindconbank" SA.

Not agreeing with CNPF letter no. 04-5/3477 dated 12.08.2026, the petitioner submitted, on 21.08.2026, the Preliminary Application.

In law, Article 19 of the Administrative Code provides that "The Preliminary Application is the institution that offers a pre-litigation path for the resolution of administrative disputes," and Article 162(1) and (3) of the same law stipulate that "(1) The preliminary procedure aims to verify the legality of individual administrative acts. [...] (3) The Preliminary Application may be directed towards: a) the annulment in whole or in part of an illegal or null individual administrative act;".

In accordance with Article 20 of the Administrative Code, "If a legitimate right or a freedom established by law is violated through an administrative activity, this right may be claimed through an administrative litigation action, [...]", and according to Article 17 of the same law, "A harmed right is any right or freedom established by law to which/which is affected by administrative activity."

Under the conditions of Article 166 of the Administrative Code, "The Preliminary Application may be submitted only if the person claims their rights violated by the issuance or rejection of the issuance of an individual administrative act."

Concurrently, Article 167(3) of the Administrative Code establishes a term of 15 calendar days for the resolution of the preliminary application by the public authority that issued the contested act, which may be extended under the conditions of Article 60(4)–(5) of the same law.

In the sense of Article 169(3) of the Administrative Code, the provisions regarding the individual administrative act apply correspondingly, in the order of examining the preliminary application.

In this sense, it should be noted that, given the participant's right to be heard before the issuance of the decision, under the conditions of Article 94(2) of the Administrative Code, by CNPF letter no. 06-5/4086 dated 04.09.2026, the petitioner was informed about the right to express themselves on the aspects they consider relevant and which the authority must take into account during the examination of the Preliminary Application, and, under Article 61(1) of the Administrative Code, according to which "(1) The public authority may establish terms for participants in the administrative procedure to perform certain actions," a term was granted to him until 13.09.2026 to express themselves in writing.

At the same time, by the Order of the President of the CNPF no. 766 dated 03.09.2026 regarding the extension and suspension of the preliminary procedure, initiated by the Preliminary Application submitted by Mr [...], the preliminary procedure was suspended until the expiration of the term established for the written hearing.

Complementarily, the term of the preliminary procedure was extended until 20.09.2026.

Subsequently, within the granted term, the petitioner did not present the expression, as a hearing, in written form.

Analyzing the arguments presented by Mr [...], in light of the legal provisions, their relevance is assessed as lacking, which is why the Preliminary Application is to be rejected as unfounded.

In this case, on 06.08.2026, Mr [...] submitted a petition, attaching a copy of the identity card and the Bank Deposit Establishment Contract no. [...], in which he requests the obligation of BC "Moldindconbank" SA to return the deposit, according to the Contract, and the examination of the bank's actions in light of the legislation on consumer protection of financial services.

In this sense, in accordance with Article 82(4) of Law no. 192/1998 on the National Financial Market Commission (Law no. 192/1998), "(4) The consumer initially submits a complaint to the subject provided for in Article 4(21) of this law if he considers that it has not respected the provisions of Law no. 105/2003 on consumer protection, the special norms regulating the financial service provided, or the obligations assumed under the concluded contract."

Complementarily, Article 82(2) of Law no. 192/1998 provides that, "(2) In the case of submitting a petition to the National Commission, the consumer must attach to the petition proof of compliance with the requirement established in para.(4)."

Following the examination of the content of the petition, it is established that Mr [...] did not address BC "Moldindconbank" SA in advance regarding the requests indicated in the petition, nor did he attach proof of such address.

Therefore, the petitioner did not respect the imperative requirement, instituted by Article 82(4) of Law no. 192/1998, and the submitted petition is not accompanied by proof of fulfilling this condition, as required by Article 82(2) of the same law, which affects the admissibility of the petition.

In this context, at Article 82(3) of Law no. 192/1998, it is mentioned that, "(3) In the case of a petition submitted without respecting the requirement established in para.(4) of this article, the National Commission sends the original of the petition to the subject provided for in Article 4(21), which is indicated in the petition, informing the petitioner about this. The sent petition is resolved in accordance with the manner established in para. (5) - (8) of this article."

Thus, the forwarding of the petition, by CNPF letter no. 04-5/3477 dated 12.08.2026, to BC "Moldindconbank" SA represented the legal, adequate measure for the factual situation established, with the aim of ensuring respect for the mandatory preliminary stage of amicable dispute resolution, as well as offering the bank the possibility to analyze and respond directly to the requests formulated by Mr [...].

Subsequently, under the conditions of Article 82(8) of Law no. 192/1998, the legislator does not attribute to the CNPF automatic competence to examine the consumer's petition, which was forwarded, but establishes the possibility of submitting a petition to the CNPF, in the case where the consumer is not satisfied with the result of the complaint examination by the subject indicated.

In this sense, it should be noted that, in the case where the petitioner is not satisfied with the response offered by the bank, he may address the CNPF for the subsequent examination of the case, by submitting a petition that respects the mandatory elements, provided by legislation.

Additionally, it should be noted that, in the sense of exercising its control competencies, in establishing the appropriateness and necessity of initiating administrative control procedures against BC "Moldindconbank" SA, the CNPF will take into account the circumstances invoked in this petition.

From the considerations recorded above, under Article 18(3), Article 20(1), (6) and (7) and Article 22(3) of Law no. 192/1998 on the National Financial Market Commission, Article 17, Article 19, Article 162(1) and (3) letter b), Article 166, Article 167(3) and Article 169(2) and (3) of the Administrative Code, point 16 and point 19 of the Regulation on the organization and functioning of the National Financial Market Commission (CNPF Decision no. 57/11/2022),

The National Financial Market Commission DECIDES:

1. The Preliminary Application, submitted by Mr [...], against CNPF letter no. 04-5/3477 dated 12.08.2026 (registered at the CNPF under no. 7290 on 21.08.2026) is rejected.

2. This Decision may be contested with an administrative litigation action, submitted to the Chișinău Court, Râșcani seat (MD-2068, Chișinău, Kiev 3 str.), within 30 days from the date of communication of the CNPF decision regarding the preliminary application.

3. This Decision enters into force on the date of adoption, is communicated to the recipient according to legislation, and is published on the official website of the CNPF (www.cnpf.md).

Dumitru BUDIANSCHI,
PRESIDENT