Order on the Formal Demand for Compliance by IM CIA TRANSELIT SA with CNPF Decision No. 36/2 of 29.07.2025 Regarding Thematic Control Results

REPUBLIC OF MOLDOVA NATIONAL FINANCIAL MARKET COMMISSION 77 Stefan cel Mare si Sfant Blvd., Chisinau, MD 2012, tel: (373 22) 859 401, www.cnpf.md, e-mail: office@cnpf.md

ORDER 17 February 2025 No. 8/6

Regarding the formal demand for execution by IM CIA "TRANSELIT" SA of the Decision of the National Financial Market Commission No. 36/2 dated 29.07.2025 concerning the results of the thematic control conducted within IM CIA "TRANSELIT" SA.

On 29.07.2025, the National Financial Market Commission (CNPF) adopted Decision No. 36/2/2025 concerning the results of the thematic control conducted within IM CIA "TRANSELIT" SA (hereinafter: Decision No. 36/2/2025/Decision).

In this case, according to points 2–5 of the operative part of Decision No. 36/2/2025, the CNPF established that IM CIA "TRANSELIT" SA (the insurer):

1. Used aggressive commercial practices, as provided for in Art. 13 para. (1) and para. (17) of Law No. 105/2003 on consumer protection, by requesting from a consumer wishing to execute an insurance policy documents that, reasonably, cannot be considered relevant to determine if the claim is valid, or by systematically ignoring pertinent correspondence, with the aim of inducing the consumer to waive their right to benefit from insurance compensation, described in point 1 of the explanatory part of the Decision and in the Control Act;

2. Violated Art. 89 para. (1) lit. a) and lit. b) of Law No. 92/2022 on insurance or reinsurance activity (Law No. 92/2022), by including in the Insurance Contract and the Insurance Conditions clauses contrary to the provisions of Art. 1828 para. (1) and para. (3) and Art. 1851 para. (3) of the Civil Code;

3. Violated Art. 89 para. (1) lit. a) and lit. b) of Law No. 92/2022, by failing to properly fulfill obligations deriving from the Insurance Contract, in particular by: 3.1. Unjustified refusal to pay insurance compensation (in whole or in part), without clear justification or without an objective analysis of evidence; 3.2. Delaying the examination of compensation requests and lack of transparency in resolving damage files, including non-communication of decisions adopted by the insurer to entitled persons, contrary to point 7.3 of the Insurance Contract and point 8.13 of the Insurance Conditions;

4. Violated Art. 89 para. (1) lit. e) of Law No. 92/2022, by failing to respect the deadlines for paying insurance compensation, according to point 7.4 of the Insurance Contract and point 8.13 of the Insurance Conditions.

Based on points 6–8 of Decision No. 36/2/2025, IM CIA "TRANSELIT" SA was ordered:

1. To prohibit the use of unfair commercial practices, as well as those similar to them, described in point 1 of the explanatory part of the Decision;
2. To revise the model of the Insurance Contract and the Special Conditions for medical insurance for travel abroad, in order to bring them into conformity with legal provisions (taking into account the findings in point 2 of the explanatory part of the Decision);
3. To revise damage files regularized during the period 01.01.2024 – 31.12.2024, in order to identify all cases where unjustified decisions of total or partial refusal to pay insurance compensation were issued regarding injured persons and to remedy these situations accordingly.

Consequently, Decision No. 36/2/2025 was communicated to the insurer via CNPF letter No. 04-5/3211, sent to the email address office@transelit.md on 01.08.2025.

Therefore, within 90 days from the date of communication of the Decision (namely, by 10.10.2025), the insurer was obliged to submit monthly, by the 10th of each month, information regarding measures taken, accompanied by supporting documents.

By letter No. 1537/2025 dated 15.09.2025 (registered at CNPF with No. 6823 on 15.09.2025), IM CIA "TRANSELIT" SA informed that, by Order No. 36/1 dated 04.08.2025, it was ordered:

1. To revise the model of the request regarding the processing of damage files (revised and attached to the letter), the model of the Insurance Contract, and the Special Conditions for medical insurance for travel abroad;
2. To revise damage files regularized during the period subject to control, concerning the refusal and delay in paying insurance compensation;
3. To identify injured persons and remedy situations of total or partial refusal.

At the same time, the insurer mentioned that it was in the process of drafting the Regulation on procedures for processing damage files.

Subsequently, by letter No. 1712/2025 dated 15.10.2025 (registered at CNPF with No. 7489 on 15.10.2025), the insurer communicated that:

• The General Claims Department is in the final stage of drafting the Regulation on procedures for processing damage files;
• The revision and modification of Insurance Contracts, as well as the Special Conditions for medical insurance for travel abroad, will follow a separate procedure with the CNPF, in order to align them with new regulatory requirements, transparency standards, and the protection of consumer rights. These adjustments aim to improve the clarity of contractual clauses, eliminate inconsistencies, and ensure more efficient communication between the company and the insured.

By letter No. 1865/2025 dated 11.11.2025 (registered at CNPF with No. 8185 on 11.11.2025), IM CIA "TRANSELIT" SA informed about:

• The completion of the draft Regulation on procedures for processing damage files;
• The conclusion of the analysis of the existing contractual framework, developing a set of consolidated recommendations regarding the adjustment of clauses in mandatory and optional insurance contracts, including regarding the transparency of compensation conditions and the protection of personal data;
• Conducting selective checks of damage files from the third quarter of 2025, to assess compliance with procedures and deadlines provided for in specialized legislation;
• Revising and updating internal forms used in the process of receiving and processing compensation requests, to simplify interaction with insured persons and reduce the risks of uniform interpretation.

Additionally, by letter No. 2007/2025 dated 10.12.2025 (registered at CNPF with No. 10016 on 11.12.2025), IM CIA "TRANSELIT" SA informed that it had revised 11 damage files, as follows: 0708/05/2024; 1676/07/2024; 1184/07/2024; 1663/08/2024; 1846/08/2024; 1882/08/2024; 1889/08/2024; 1913/09/2024; 1905/09/2024; 2182/10/2024; 2224/10/2024.

At the same time, the insurer declares that, "As a result, the person designated for the revision of the aforementioned files cited the persons involved in the damage files, requesting their presentation at the company headquarters to initiate the file re-examination procedure."

In this context, it should be noted that the insurer did not present/attach the confirmatory documents related to the case.

On 16.01.2026, by letter No. 04-5/110, the CNPF initiated, ex officio, an administrative procedure, aimed at verifying the actions taken by the insurer, in order to execute Decision No. 36/2/2025.

Subsequently, by letter No. 0207/2026 dated 10.02.2026 (registered at CNPF with No. 861 on 11.02.2026), the insurer communicated that, "[...] returning to the actions taken previously within the process of revising damage files regularized during the period 01.01.2024-31.12.2024, namely 11 damage files, respectively: 0708/05/2024; 1676/07/2024; 1184/07/2024; 1663/08/2024; 1846/08/2024; 1882/08/2024; 1889/08/2024; 1913/09/2024; 1905/09/2024; 2182/10/2024; 2224/10/2024 […]", "Within the verification and institutional communication procedures related to these files, notifications were sent to consumers, but no responses were received. [...]".

Following the above, it is established that IM CIA "TRANSELIT" SA failed to fulfill points 6–8 of Decision No. 36/2/2025, especially:

• Non-presentation of the revised model of the Insurance Contract and the Special Conditions for medical insurance for travel abroad (according to what was communicated by letter No. 1712/2025 dated 15.10.2025), specifying the modifications made; finalized versions of supporting documents regarding the drafting and approval of the Regulation on procedures for processing damage files were not attached (according to what was communicated by letter No. 1865/2025 dated 11.11.2025).

Regarding the letter of IM CIA "TRANSELIT" SA No. 0207/2026 dated 10.02.2026, a list of 40 revised damage files was attached, of which only 8 had receipt opinions, without the information letters sent to the persons concerned being attached.

Regarding the administrative procedure, by the Order of the President of the CNPF No. 55 dated 11.02.2026 regarding the extension of the general term of the administrative procedure, initiated ex officio by the letter of the National Financial Market Commission No. 04-5/110 dated 16.01.2026, the term of the administrative procedure was extended by 15 days.

Consequently, it should be noted that Decision No. 36/2/2025 represents an individual administrative act, within the meaning of Art. 10 para. (1) of the Administrative Code, namely: "(1) An individual administrative act is any provision, decision, or other official measure undertaken by a public authority to regulate an individual case in the field of public law, with the aim of producing immediate legal effects, through the creation, modification, or termination of public law relationships.", as well as a unfavorable act, under Art. 11 para. (1) lit. a) of the same law.

Accordingly, by nature and legal effects, the Decision is mandatory, being subject to execution under the conditions provided by normative acts.

In this context, Art. 179 of the Administrative Code provides that "An obligation based on an individual administrative act or an administrative contract, aimed at handing over a good, realizing another action, tolerating, or inaction, can be realized through the following coercive measures: realization by substitution, coercive fine, and immediate exercise of coercion (direct coercion).".

In this case, given the nature of the obligation prescribed by Decision No. 36/2/2025 and the fact that its execution directly concerns IM CIA "TRANSELIT" SA, the execution of this individual administrative act can only be realized by applying the coercive measure in the form of a coercive fine, regulated by the norm contained in Art. 181 of the Administrative Code. This should be interpreted in light of the norms regulating the institutional activity of the CNPF, specifically keeping in mind Art. 10 of Law No. 192/1998 on the National Financial Market Commission, as well as point 16 of the Regulation on the organization and functioning of the National Financial Market Commission (CNPF Decision No. 57/11/2022), in accordance with which, "16. In exercising its powers, the National Commission adopts decisions in the form of orders. CNPF orders are subject to the legal regime provided for by Law No. 192/1998, the Administrative Code, and this Regulation, being prepared under the conditions of the norms regarding the keeping of secretariat work within the Commission."

For its part, Art. 185 para. (1) and para. (3) of the Administrative Code stipulates that, before coercive measures are applied, the debtor is summoned regarding the possibility of using coercive measures, with a reasonable term for execution established in the summons.

Additionally, in the case of a summons with a fine, the amount of the fine is indicated.

At the same time, according to Art. 181 para. (4) of the Administrative Code, "(4) The amount of the coercive fine is at least 20 and at most 10,000 conventional units. One conventional unit constitutes 50 lei. In setting the coercive fine, the economic interest of the debtor in failing to fulfill the obligation concerning them will be taken into account."

Relating the cited norm to the circumstances of the case, it is concluded that the coercive fine in the amount of 400 conventional units, equivalent to 20,000 MDL, is proportional, meeting the conditions specified above.

Moreover, this coercive measure is suitable for achieving the goal and is necessary in relation to it, as it seeks the execution of an obligation established by law, and this method of executing individual administrative acts has a legal basis.

Regarding the reasonable character, in accordance with Art. 29 para. (3) of the Administrative Code, which provides that "(3) The measure undertaken by public authorities is reasonable if the interference produced by it is not disproportionate in relation to the pursued goal.", it should be noted that the coercive fine in the amount of 400 conventional units, equivalent to 20,000 MDL, pursues the goal of emphasizing the executive character of the individual administrative act, satisfying this criterion, considering the rights of insurance service consumers, harmed by the non-payment of insurance compensation.

Complementarily, the coercive fine is considered reasonable by relating it to the value of the unpaid insurance compensation by the insurer.

Given the above, on the basis of Art. 4 para. (21) lit. b), Art. 8 lit. b), Art. 9 para. (1) lit. d), Art. 18 para. (3), Art. 20 para. (1), para. (6), and para. (7), and Art. 22 para. (3) of Law No. 192/1998 on the National Financial Market Commission, Art. 179, Art. 181, Art. 185, and Art. 186 of the Administrative Code, and points 16 and 19 of the Regulation on the organization and functioning of the National Financial Market Commission (Decision No. 57/11/2022),

The National Financial Market Commission ORDERS:

1. IM CIA "TRANSELIT" SA is formally demanded to execute, within 60 days from the date of communication of this Order, the obligations provided for in points 6–8 of CNPF Decision No. 36/2/2025 concerning the results of the thematic control conducted within IM CIA "TRANSELIT" SA.

2. IM CIA "TRANSELIT" SA is warned that, in case of non-execution of the obligation provided for in point 1, the CNPF will apply a coercive fine in the amount of 400 conventional units, equivalent to 20,000 MDL, which becomes due upon the expiration of the term indicated in point 1.

3. This Order may be contested by filing a preliminary request to the CNPF (MD-2012, Chisinau, 77 Stefan cel Mare si Sfant Blvd.), within 30 days from the date of communication.

4. This Order 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