Incorporation Guide 7 min

Power of Attorney to Register a Company in Moldova 2026: Remote Setup

Power of attorney to register an LLC in Moldova: when ASP requires it, which powers to list, a POA signed abroad with apostille, validity and risks.

ASP
Echipa SRLRapid
|
2026

You need a power of attorney to register a company in Moldova whenever you do not file the documents in person at the Public Services Agency (ASP). The law provides that the documents are filed by the founder or by the founder's representative, authorised by an authenticated power of attorney or by an electronic authorisation (art. 8(2) of Law No. 220/2007), and for representation by a proxy ASP asks for a special notarised power of attorney (procură specială autentificată notarial). Below you will find when a power of attorney is needed and when it is not, which powers it should contain, how to make one abroad, how long it is valid and how to protect yourself.


1. When you need a power of attorney and when you do not

ASP accepts registration documents in three ways: electronically, signed with an electronic signature (Law No. 124/2022), on paper at an ASP branch, or on paper by registered post. So:

•All founders come to the counter: no power of attorney is needed.
•You file online at evo.gov.md: no power of attorney is needed, but every signatory must have a qualified electronic signature recognised in Moldova, and the company name must be reserved beforehand.
•You send the file by registered post: the founders sign the documents on paper and post them to ASP, with no power of attorney, after checking that the name is available.
•Someone else goes to ASP for you: you need a power of attorney. At the counter, ASP asks for the identity documents of the founders or of their representatives authorised by an authenticated power of attorney, as well as that of the director.

The notarised power of attorney also has an electronic alternative: art. 8(2) of Law No. 220/2007 accepts representation through an authorisation recorded in the MPower register, whose validity ASP checks directly in the system. The authorisation is granted online and requires an electronic signature recognised in Moldova; if you do not have one, the notarised power of attorney remains the route.


2. What kind of power of attorney ASP accepts

On ASP's list for special situations, representation by a proxy requires a special notarised power of attorney. In practice, the document must be:

•special: issued for a specific operation, the state registration of the LLC (SRL) with the stated name, not a general authorisation "for any acts";
•authenticated: by a notary in Moldova or, from abroad, by a consulate of the Republic of Moldova or by a foreign notary, with an apostille or legalisation;
•dated: a power of attorney that does not state the date it was drawn up is void (art. 376(2) of the Civil Code of Moldova);
•in Romanian or translated into Romanian;
•complete: the details of the founder and of the proxy (name, IDNP or passport, address), the company name, the powers and the term.

If several founders cannot attend, each can issue a separate power of attorney or they can sign a joint one (art. 374(7) of the Civil Code).


3. Which powers to write into the power of attorney

The proxy can only do what the document says. For registering an LLC, it is useful for the power of attorney to cover:

1. representing the founder at ASP in the state registration procedure of the company, stated by its full name;
2. checking and reserving the company name;
3. filing the registration application (Cererea privind înregistrarea de stat a persoanei juridice, ASP form 3-5) and the attached documents;
4. paying the registration fee and, where relevant, the name reservation fee;
5. making the corrections requested by the registrar;
6. collecting the documents issued by ASP after registration.

According to ASP, application 3-5 is signed by the founder designated in the founding decision or by another person authorised by that decision, so the simplest option is to sign it yourself and have the proxy only file it. If you cannot personally sign the statute (Statutul) and the minutes of the constituent meeting (Procesul-verbal al adunării de constituire, form 5-4), the power of attorney must expressly give the proxy the right to sign them on your behalf; the Civil Code allows legal acts through a representative, except those that can only be performed in person (art. 362).

The declarations on the beneficial owner (BE-1) and on the absence of a criminal record are worded in the first person: „Subsemnatul... declar pe proprie răspundere” ("I, the undersigned... declare on my own responsibility"). ASP may require them to bear the founder's signature, so the safe option is to sign them yourself and send them to the proxy.


4. A power of attorney made abroad: consulate or foreign notary with apostille

From outside Moldova you have two options:

•At an embassy or consulate of the Republic of Moldova, the natural route for Moldovan citizens living abroad. The power of attorney is signed in person, before the consular officer, with the original identity document. As an act of the Moldovan authorities, it does not need an apostille. The service can be requested through the eConsulat platform, but for powers of attorney you still have to attend the mission in person.
•At a notary in the country where you are. The power of attorney is then apostilled, if the country is party to the Hague Convention of 5 October 1961, or legalised by a consular office of the Republic of Moldova, if it is not. Documents issued by the authorities of CIS states, Romania, Lithuania, Latvia, Czechia, Slovakia, Azerbaijan and Hungary are recognised without apostille or legalisation, under treaties with Moldova.

Foreign documents are translated into the state language (art. 8(2¹) of Law No. 220/2007), and the translation is certified. It is wise to check the wording in advance with a notary in the Republic of Moldova.

For foreigners, ASP also asks for a copy of the passport, and a foreign director needs an IDNP code from the General Inspectorate for Migration. According to form BE-1, the identity of foreign beneficial owners who have not crossed the Moldovan border is verified on the basis of copies of their travel documents, apostilled or legalised, attached to the declaration.

Plan the timing, because the notary, the apostille and the translation take time. According to ASP, if registration does not take place within 3 months of signing the constitutive act, the founders are released from the obligations arising from their shares, unless the constitutive act provides otherwise.


5. How long the power of attorney is valid and how to revoke it

You set the term yourself. The Civil Code provides that:

•a power of attorney without a term is valid for 3 years from the date it was drawn up; the term can also be tied to a condition, for example "until the state registration of the company" (art. 376(1));
•it ends, among other grounds, when the term expires, on revocation, when the proxy renounces it or on the death of either party (art. 377(1));
•you can revoke it at any time, and any agreement to the contrary is void (art. 377(2));
•the revocation must be communicated to the proxy and to the third parties the proxy was to deal with (art. 379(1)); otherwise acts concluded in the meantime may still bind you (art. 381);
•when it ends, the proxy must return the power of attorney immediately (art. 381(3)).

6. Who can be your proxy and what the risks are

The proxy can be a relative, a business partner, the future director, a lawyer or an accountant, who identifies themselves at the counter with their own identity document. A power of attorney can also be given to a company; if it does not name the individual, the powers are exercised by the company's manager or a person they appoint (art. 374(8) of the Civil Code).

The main risk: acts performed by the proxy within the powers granted bind you directly (art. 362(2)). Good practice:

•limit the power of attorney to registering this LLC, with no general powers;
•write the key details of the company into it: name, share capital, shares and director;
•set a short term (a few months are enough for a single registration) and state whether the proxy may pass the powers on to someone else (the Civil Code allows substitution only under the conditions of art. 364 and 375);
•sign the declarations yourself and, if you can, the founding documents too;
•keep copies of the power of attorney and of the signed documents, plus the confirmation receipt ASP issues on filing (art. 8(5)).

7. Checklist

•The company name has been checked (and reserved, if you file online);
•The power of attorney is special, dated and authenticated by a notary or a consulate;
•A power of attorney made abroad is apostilled or legalised, as applicable, and translated into Romanian;
•The powers cover filing, paying the fee, corrections and collecting the documents;
•The BE-1 declarations and the criminal record declarations are signed by each founder;
•The proxy has their own identity document and the power of attorney.

Frequently asked questions

Can I open an LLC in Moldova without travelling there?

Yes. File online if all signatories have an electronic signature recognised in Moldova, send the file by registered post, or appoint a proxy with a power of attorney authenticated at a Moldovan consulate or by a foreign notary, with apostille and translation.

Is a power of attorney made by a foreign notary valid in Moldova?

Yes, if it is apostilled or legalised, as applicable, and translated into Romanian; for some countries, including Romania, no apostille is needed.

How long is the power of attorney valid?

As long as it states; if it has no term, it is valid for 3 years from the date it was drawn up (art. 376 of the Civil Code). You can revoke it at any time.

Can the proxy sign the declarations for me?

They are the founder's declarations on their own responsibility, and ASP may require the founder's signature. Sign them yourself and send them to the proxy.


SRLRapid fills in the official ASP forms from a single questionnaire: application 3-5, constituent meeting minutes 5-4 and statute 4-22 (for a sole founder, decision 5-6 and statute 4-23), the beneficial owner declarations and the criminal record declarations for each founder, in DOCX and PDF. You sign them wherever you are and file them at ASP, in person or through a proxy. The power of attorney is authenticated by a notary or a consulate; SRLRapid does not draft it.

Note: this guide is for information only and reflects the requirements published by ASP at the time of writing (October 2026). SRLRapid prepares the documents, but it is not a law firm and does not file on the founders' behalf.

ASP Moldova Legal ComplianceInformation in this guide is verified by the SRLRapid legal team in compliance with the Civil Code of Moldova and Law No. 135/2007 on LLCs.
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