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The Law Of Guarantee

Original Language Title: Laki Kuntien takauskeskuksesta

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Law on the municipalities' guarantee centre

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Local guarantee centre

The purpose of the guarantee centre, hereinafter referred to as the guarantee centre, is to secure and develop a common fund for municipalities.

For the purposes of that purpose, the guarantee centre may, as provided for in Article 1a, grant guarantees to credit institutions directly or indirectly owned or controlled by the municipalities, which are used for the purposes of: Lending to municipalities and local authorities and to communities wholly owned or controlled by the municipalities. (311.2006/944)

In order to achieve its purpose, the guarantee centre, as provided for in Article 1a, may also grant guarantees to credit institutions referred to in paragraph 2 for the provision of funds to be used for lending in respect of apartments designated by the State authorities. The rental or production and maintenance of social entities or entities in charge of social security. (311.2006/944)

The guarantee may also be granted to the credit institution's credit institution, as referred to in paragraph 2, as collateral for the provision of the credit institution's claims, including the credit institution's claims. (311.2006/944)

§ 1a (311.2006/944)
Conditions for granting the guarantee

The Guarantee Centre may grant guarantees for the fund-raising of credit institutions referred to in Article 1 where the credit institution uses the funds it has acquired:

1) to finance municipalities or associations of municipalities;

(2) in order to finance, under the conditions of the European Community's State aid rules, on favourable terms, the rental or production and maintenance of housing units designated by the State authorities on social grounds or in a dominant position; Entities; or

(3) to finance, under favourable conditions under the State aid rules of the European Community, entities wholly owned or controlled by municipalities or groups of municipalities, or municipal establishments which carry out the activities of municipalities; , or services which are directly related to them, or services which are essential for the benefit of the public, provided that the provision of such services is provided by local or regional circumstances Necessary for their availability or effective production Security.

A credit institution may use some of its assets to safeguard its liquidity.

ARTICLE 2 (311.2006/944)
Member Communities

The members of the Guarantee Centre are the municipalities which have been members of the Guarantee Centre on 1 January 2007.

The rest of the municipality may join the guarantee centre by informing the Government of the guarantee centre in writing. The rights and obligations relating to membership shall start from the date on which the Board of Directors has registered as a member of the municipal guarantee centre.

ARTICLE 3 (9.11.2007)
Control

Compliance with this law and the provisions adopted thereunder shall be supervised by the guarantee centre. The Ministry of Finance shall determine the Centre's Guarantee Centre's guarantee centre for a maximum of four calendar years.

§ 4
Legal capacity deletion

The Guarantee Centre may acquire rights and make commitments and exercise the power of speech before the courts and other authorities.

§ 5
Delegation

The decision-making powers of the Guarantee Centre shall be exercised by a delegation, unless otherwise provided for in this Act, or in accordance with the governing rule of the guarantee centre, any other institution or staff member of the guarantee centre. (311.2006/944)

The delegation shall have a minimum of 10 members and a maximum of 15 members, as well as each individual alternate. The members and alternates shall be appointed by the Ministry concerned for a four-year period starting on 1 October of the year following the municipal elections. They are assigned to persons proposed by the central authority. The allocation of members shall take into account the political forces in the Member States and the regional and other aspects of equality. (25.4.1998)

The delegation shall elect a chairman and a maximum of two Vice-Presidents from among its members.

ARTICLE 6
Government and Managing Director

The Guarantee Centre shall have a government responsible for the management of the guarantee centre and for the preparation and implementation of its decisions. The Board of Directors is using the Voice of the Guarantee Centre.

The guarantee center has a ceo. The Executive Director shall be appointed by the Board.

§ 7 (311.2006/944)
Management rule

The institution of the Guarantee Centre, its composition, tasks and term of office, as well as the activities of the other guarantee centre, shall be subject to more detailed provisions in the management code approved by the delegation.

§ 8 (311.2006/944)
Granting of guarantees

The guarantee centre's Board of Directors or the Executive Director shall be responsible for the granting of guarantees. In the case of guarantees, sound and prudent business principles must be respected.

The guarantees to be granted by the credit institution referred to in Article 1 of the Arrangement directly related to the financing of the fund shall, at the time the guarantee is granted, receive a total of not more than 4 % of the guarantee liabilities of the guarantee centre. Total amount.

The guarantee centre can only issue guarantees against sufficient collateral. However, in order to safeguard its liquidity and to protect against the risks of the credit institution referred to in Article 1, the guarantee may be granted without a separate counter-guarantee. For a specific reason, the guarantee may be granted without a guarantee, even if the Ministry of Finance authorises it. (9.11.2007)

A guarantee commission is charged for guarantees.

§ 9 (311.2006/944)
Economic policy principles

The expenditure of the Guarantee Centre shall, in the long term, be covered by revenue. In order to ensure the liquidity of the guarantee centre, the guarantee centre has a fund and the necessary stand-by arrangements.

The annual accounts shall be decided annually by the delegation on the amount of funds to be transferred to the Fund. Fund resources must be invested in such a way as to ensure the certainty, output and currency of investments.

The Fund and the stand-by arrangements shall be used to cover the payment obligation arising from the guarantee and to the credit institution referred to in Article 1 for the provision of temporary financing. In order to prevent.

ARTICLE 10
Responsibility of the Member States

The Member States are responsible for the financing of expenditure and commitments of the Guarantee Centre, which, by the way, are not covered by the (507/93) in Article 18 In proportion to the number of inhabitants of the preceding year.

ARTICLE 11
Arrangements for the liability of the members of the guarantee

The payment obligation arising from the guarantee granted by the Guarantee Centre shall be borne primarily by the Guarantee Centre's Fund. If the resources of the Fund are not sufficient to cover the obligation, the guarantee centre shall be entitled to cover the obligation to pay contributions from the Member States. The contributions which are determined in accordance with Article 10 shall be determined by the Government.

The Member State which has paid the contribution referred to in paragraph 1 shall, as soon as possible, after the guarantee centre has the means to do so, reimburse the amount of the contribution it has made to the interest (633/82) (2) and Article 4, together with interest. The refund shall take place no later than after the financial statements of the Guarantee Centre indicate that it is available.

ARTICLE 12 (311.2006/944)
Financial audit and annual accounts

For the purposes of auditing the accounts and management of the corresponding years, the delegation shall elect an audit firm. The main responsible auditor of the audit firm must be a KHT or JHT auditor. The audit shall apply mutatis mutandis to the audit law (17/01/2015) . (18.09.2015/1165)

L to 16/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

For the purpose of auditing the accounts and management of the years corresponding to the term of office, the delegation shall elect an audit firm approved by the audit firm approved by the Central Chamber of Commerce or by the Audit Board. The audit shall apply mutatis mutandis to the audit law (186/1994) .

The annual accounts shall be drawn up by the Guarantee Agency on a calendar year. The financial statements shall be drawn up in accordance with the relevant accounting law (136/1997) . The Board of Governors shall approve the accounts of the guarantee centre.

ARTICLE 13
Guarantee Central auditor

The guarantee centre auditor shall be established by the audit firm. The natural person managing the tasks of the central auditor in the audit firm shall be a kHT auditor or a JHT auditor. The audit firm that has been elected in accordance with Article 12 of the Guarantee Centre shall not be able to operate at the same time as the guarantee centre. (18.09.2015/1165)

L to 16/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The guarantee central auditor shall be governed by an audit firm approved by the Central Chamber of Commerce or by the Board of Auditors. The natural person managing the tasks of the central auditor in the audit firm shall be the statutory auditor (KHT auditor) approved by the Central Chamber of Commerce or an auditor approved by the Board of Auditors, approved by the Board of Auditors, (HTA auditor). The audit firm that has been elected in accordance with Article 12 of the Guarantee Centre shall not be able to operate at the same time as the guarantee centre.

The guarantee centre auditor shall, for each financial year, report to the Ministry of Finance and the Board of the Guarantee Board a report on the operation and the economy of the guarantee centre. The inspector shall, without delay, inform them of any point on the guarantee centre or of the decision which he has received in the performance of his/her duties and which may be considered as:

(1) essentially infringe the laws, regulations or administrative provisions relating to the guarantee centre or its operation;

(2) the continued operation of the guarantee centre; or

(3) lead to a negative opinion in the audit report or a negative opinion on the confirmation of the financial statements.

(9.11.2007)

The Guarantee Centre shall forward to the guarantee central auditor copies of the financial statements and the auditor's report as well as any other information necessary for the supervision requested by the inspector. The inspector shall have the right to be present and to exercise the authority at the meetings of the delegation. In addition, the inspector also has the right to carry out an inspection at the premises of the guarantee centre. (311.2006/944)

ARTICLE 14 (311.2006/944)
Collection of charges

The guarantee commission and the contributions of the members of the Member Communities to be granted by the guarantee centre are obtained without judgment and decision in the order in which the tax and contributions are levied by the law on the enforcement of taxes and charges (367/1961) Provides. However, the decision on the correction and the decision on the part of the contribution to the Community contribution shall be valid, as provided for in Article 15.

§ 15 (311.2006/944)
Corrigendum and appeal

The Member State may lodge a complaint with the Board of Governors on a decision of the Board of Directors on the contribution of the Member State concerned. The adjustment requirement shall be made within 30 days of the notification of the contribution decision.

With regard to the delegation to the decision on the adjustment of the contribution rate, the Member State may appeal against the decision of the Helsinki Administrative Court within 30 days of the date of its notification. The decision of the delegation may be implemented in spite of the appeal. The decision on appeal shall be appealed against by the Court of Justice of the Court of Justice. The remainder of the appeal shall be governed by the law on administrative law (18/06/1996) .

ARTICLE 16
Obstacles and responsibilities

The guarantee centre of the guarantee centre and the staff member of the Guarantee Centre shall be valid for the administrative law. (2003) Provides for the official's aesthetic. (311.2006/944)

Confidence persons and staff of the Centre shall be subject to the responsibility of this law in the performance of their duties.

§ 17 (21.5.1999)

Article 17 has been repealed by L 21.5.1999/623 .

ARTICLE 18
Application of other laws

The service and pension cover of the staff of the guarantee centre shall apply mutatis mutandis to the employment and pension provision of municipal officials and employees.

The Guarantee Agency shall not be subject to the law on credit institutions (1607/93) .

§ 19
Entry into force

This Act shall enter into force on 1 July 1996.

The delegation shall be appointed for the first time on 30 September 1997. Before the law enters into force, measures may be taken to implement the law.

THEY 30/96 , HaVM 11/96, EV 97/96

Entry into force and application of amending acts:

25.4.1997/377:

This Act shall enter into force on 1 May 1997.

THEY 245/1996 , HaVM 2/1997, EV 30/1997

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

3.11.2006/94:

This Act shall enter into force on 1 January 2007.

The delegation shall approve the rule of law in accordance with this law within six months of the entry into force of the law. The provisions of the Statute which entered into force upon entry into force of this Act shall apply until the code of conduct pursuant to this Act has been adopted, subject to that law.

Before the law enters into force, measures may be taken to implement the law.

THEY 73/2006 , HaVM 17/2006, EV 123/2006

9.11.2007:

This Act shall enter into force on 1 January 2008.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 56/2007 , HaVM 5/2007, EV 51/2007

18.09.2015/1165:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014