- the function of founder of the state enterprise is exercised, on behalf of the Government, by the Public Property Agency, subordinated to the Government;
- the function of founder of the municipal enterprise is exercised by the deliberative authority of the administrative-territorial unit, and in the autonomous territorial unit of Gagauzia — also by the Executive Committee.
- the state/municipal enterprise may not be a founder of a commercial company;
- the state/municipal enterprise carries out its activity under a specific name which includes, as the case may be, the words “întreprindere de stat” and “întreprindere municipală” or the abbreviations “Î.S.” and “Î.M.”;
- the model articles of association of the state/municipal enterprise are approved by the Government and must indicate the data provided for in art.2 para.(4) of Law no.246/2017;
- the share capital of the state/municipal enterprise may not be less than 5000 lei and is constituted from the value of the cash contributions and the assets of the founder, except for assets assigned to the public domain.
- The following may not be contributions to the share capital:
- assets whose circulation is prohibited or restricted by law;
- the claims of the enterprise;
- unregistered immovable assets;
- the assets of educational and medical institutions, of the cultural heritage and those of the housing and utilities sector.
- the governing bodies of the state/municipal enterprise are:
- the founder;
- the administrative board;
- the administrator — the executive body;
- the board of auditors.
- the administrative board consists of an odd number of at least 3 members. A member of the administrative board is appointed by the founder for a term of 2 years and may be any natural person who meets the minimum requirements established by the Government/the deliberative authority/the Executive Committee of Gagauzia. A member of the administrative board may simultaneously be a member of the administrative board of no more than 3 state enterprises and no more than 3 municipal enterprises. Board members may be appointed for a new term. The chairman of the administrative board is a member of the administrative board.
- The following may not be a member of the administrative board of the state/municipal enterprise:
- the administrator of the state/municipal enterprise;
- a member of the board of auditors;
- the administrator of the state enterprise is appointed and dismissed by the founder, upon the proposal of the administrative board. The administrator of the municipal enterprise exercises their duties on the basis of an individual employment contract concluded with the executive authority. The administrator of the state/municipal enterprise is appointed for a term of up to 5 years;
- the board of auditors is appointed and revoked by the founder for a term of up to 2 years, shall consist of at least 3 persons and exercises control over the economic and financial activity of the enterprise.