Law No. 21 Of February 6, 1924, For Legal Entities (Associations And Foundations)

Original Language Title:  LEGE nr. 21 din 6 februarie 1924 pentru PERSOANELE JURIDICE (Asociaţii şi Fundaţii)

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LAW No. 21 of February 6, 1924, for legal entities (associations and foundations) published in PARLIAMENT ISSUING OFFICIAL GAZETTE NR. 27 of February 6, 1924 in chapter i. General provisions a. legal personality Article 1 legal persons governed by public law are created only by law.
Associations and foundations, non-profit-making or heritage, created and organized by private individuals, may not acquire legal personality in accordance with the law of the face.
They are considered legal entities governed by private law.
Societies and associations provided for in trade codes and other laws will have the same character and remain subject to the provisions of those laws.


Article 2 legal entities under private law in existence at the date of the promulgation of the law by the front will continue to operate according to the provisions of laws, decisions or laws, they have established and which are going to be contrary to the public order provisions of this law.
However, they are obliged as within six months following the promulgation of this law to the Tribunal, the registry constituency to which their main administration works, titles which have got a legal personality, incorporation or bylaws, as well as the information to be required by the rules of application of that law.
Registry of the Court of first instance is obliged to enrol in the register or the oldest organization of legal persons.
Violators fall under this provision the provisions of art. 94 of this law.


Article 3 associations and non-profit-making or monastic heritage may not acquire legal personality than on the basis of a reasoned decision of the civil court in the constituency which he represented.
This decision cannot give at the request of the parties concerned than: a) after he asked the opinion of the Ministry whose purpose falls within the competence of the Association or aşezămîntului;
  

b) after hearing the findings of the public and it has been noted that incorporation, statutes or composition of the organs of direction and management and other conditions, do not contravene the provisions of the law.
  

Stakeholders, competent and representative of the Ministry of the public have a right of appeal under art. 90. Article 4 legal person will have only being the date on which the final decision remaining recognition in special register which will be held for this purpose in the registry of each civil court.


Article 5 legal personality cannot recognize a cultural associations or organizations not recognized as legal persons. Legal personality it's individual and its effect does not extend into or out of the oldest Association for which he was granted.
A aşezămînt created by a legal person may not have a personality distinct from that of the person who created it, unless he be formally recognizes this, under the law of proven through front.


Article 6 cannot recognize the legal personality of associations and of having an illicit object, contrary to public policy or accepted principles of morality, or which are formed in order to achieve such a goal.


Article 7 legal persons governed by private law, non-profit or heritage, who are established abroad may benefit from their legal personality and work in the territory of the Romanian State in accordance with the laws, if you are recognized after their country's laws and if you previously have been the Romanian Government.
Authorisations granted to those legal persons will be at their request, under penalty of a fine of 5,000-20,000 lei and in case of recidivism under penalty of withdrawal of authorization, the District Court civil register in which it will establish its headquarters administration, branch, or place of business.
When there is no branch, the choice of domicile is required. It is made by notarial act which shall be published in the Official Gazette and is displayed at City Hall and elected domicile Court.


Article 8 Without distinction between legal entities governed by private law and those which will shape the future, from the date of promulgation of the law, any amendment of the statute or of the Association, or aşezămîntului, no change in the Administration and control bodies, nor a cessation or dissolution, winding-up operations and award contracts for goods, will not be able to do under this law than.
These persons are obliged to obey all the provisions declared public order in the face of the law.
Memorandum and articles of incorporation or amendments are subject to review and approval of the judiciary pursuant to article. 1. Use the civil rights Article 9 legal entities governed by private law, falling under the provisions of the law, may not be used by the rights that they are necessary to achieve their goal and destination.
They cannot contract obligations than everything in order to achieve this goal and this destinations.


Article 10 legal persons may not receive liberalităţi than if they are approved, according to a journal of the Council of Ministers.

C. Exercise the civil rights Article 11 legal entities cannot exercise their rights than if you are endowed with administrative organs of direction and laid down in the statute, law or act in an advisory from the face.


Article 12 the will of legal persons is manifested through their bodies.
The acts entered into by these organs, in accordance with the statutes and within the limits of powers are ascribed to them, are considered as concluded by the legal person itself that you compel.
Acts by organs of legal entity would watch an obvious purpose to the one for which the foreign association or Foundation has been established or recognised, will not take effect towards the legal person.
The legal person is responsible for all contractual and delictual acts of the quasi-delictual, committed by them in the exercise of their duty.
Members who formed the steering bodies and directors are jointly and severally liable for the damage personally derived from their guilt, both against third parties, as well as against the legal person itself.

D. premises of the Article 13 of the legal person's domicile is the headquarters of his administration. Change of residence shall be declared by notarial act in both of the new tribunals grafts and old home.
Under the sanction laid down in art. 94 of this law, the registry of the Court of the old home will make the mention of resettlement, and the registry of the Tribunal's new home will score a legal entity in the register provided for in article 10. 4. In article 14 the domicile of a legal person authorised, under art. 7 for all judicial and extra-judicial acts which concern him, will be the headquarters of the branch or failing, at his residence.

E. Article 15 Supervision the State has a right of supervision and control over all legal persons under private law. He will follow: on the one hand, they must be administered and to carry out its mission in accordance with the statutes and with the incorporation, and on the other hand, to work against morality, public order and the safety of the State.
This action of oversight and control will be exercised by inspectors and Ministry delegates, under the authority and control of the Association or foundation which falls, and by the Commission of the upper part of legal persons.


Article 16 appointment of delegate of the Ministry advising the organs of direction and management can't be held besides than only foundations and associations subsidized or State-related conventions.
Same law, the appointment of delegates district or the aldermen, County or municipal authorities for foundations and associations that will be against them in the statement above.
Other legal entities nesubventionate are checked by inspectors of the competent ministries.


Article 17 each authority concerned will not be able to name more than a foundation or association. The county or municipal authorities can function on completing this delegate with the Ministry or vice versa, one of the Ministry's district delegates or aldermen. A person can perform this function in addition to several foundations or associations.


Article 18 Delegates of the Ministry and, failing that, delegates or aldermen, district have the right to suspend the execution of the decisions of the organs of direction or administration, what would find the opposites of the Foundation, inner regulations, agreements with the Ministry, County or Township, law, morality, public order and the safety of the State.
This will conclude a protocol which will communicate emergency bodies of a legal person.
Delegates will participate with consultative vote in the meetings of the organs of direction and administration. Directors or managers are obliged to summon him.
In the absence of delegates at the meeting, law enforcement officials and trustees are obliged to communicate the decisions of delegates.
Under penalty of withdrawal and administrative mandate, direction and the dissolution of the Association or Foundation, notwithstanding any other penalties, civil and criminal courts, people who form the organs of direction and directors are jointly and severally responsible for staffing and execution of decisions contrary to laws, regulations, conventiunilor, law, morality, public order and the safety of the State, against which it has exercised its right to suspend or not.
Delegates will be able to bring to the attention of the public through the Official Gazette and by more popular publications, number, date and subject to decisions in abeyance.


Article 19


Direction and administrative bodies are obliged to call into question the issues covered by decision suspended pursuant to article 13. 18 to get the solution by the Foundation in accordance to regulations, conventions, the Constitution and laws of the country.
In case of refusal of discussion on the part of organs of direction and Management Board, or in case of maintenance decision suspended, Government delegates will immediately bring the case to the attention of the Commission to legal persons under the Ministry of Justice, which will give a decision enforceable.
No later than three working days from the notification of the minute of suspension, steering and administrative organs have the right to appeal to the upper part of legal persons, the Court decides on the final over provisions to run no later than 15 days following receipt of the request.


Article 20 Delegates their exercises his right of supervision and control over all organs of direction, management and control of the Association, or Foundation, in any denomination would find, steering committees or boards and directors, the ephors or epitropii, general meetings, colleges, etc.


Article 21 in all foundations and associations that do not fall under the provision of art. 16, para. 1 and following, the action of oversight and control will be exercised by the Commission inspectors, Ministry or at the request of the organs of direction and administration of foundations or associations.
When the purpose of the legal person falls within the competence of two or more Ministers, each of them also exercise control and supervisory action.
Legal entities whose purposes are insufficiently characterized, from the point of view of their control bodies, fall under the supervision of the Ministry of the Interior.
Inspectors will have to investigate only if foundations and associations operate according to laws of their constituent acts or foundation if responding institutions created by these proven acts and conditions of public order of the Constitution and laws of the country.
Inspectors cannot make direct observations and give indications of the steering bodies and directors of foundations and associations. Their findings shall be recorded in written reports, upon which the Minister had to decide the administrative bodies or competent court, as provided for in the law of the face.
State control is without prejudice to the control established by statutes or instrument of incorporation.


Article 22 If the Steering or administrative bodies do not conform to the laws of the country of establishment or establishment, or if it is established that the goods are entrusted to them is wasted, it deflects, or use for purposes other than those provided for by the instruments of incorporation, Foundation or the public Ministry or the Interior Ministry under the authority and control of the Association or foundation which works , send administrators responsible before the Court of appeal in the district which falls the main Office of the Association or Foundation.
Administrators can be sentenced to dismissal, in addition to other penalties provided for in the laws of ordinary law.


Article 23 administrators of associations and foundations working in bad faith that harm individuals or works entrusted to the Directorate and their administration, shall be punished with imprisonment from one month to one year.


Article 24 all organs of direction and administration of foundations are obligated to submit to the Ministry under the authority and control which works within 6 months after the promulgation of this law, certified copy of founding acts and an inventory of the wealth you posses, accompanied by a balance sheet and revenue and expenditure accounts of the previous year.

F. termination of personality Article 25 Associations and foundations lose their legal personality, of or by Justice in cases determined by law.
Legal entities authorized under article 4. 7, lose their right to work in Romania, and by the withdrawal of approval.
This withdrawal is made whole by Royal Decree, on the basis of a journal of the Council of Ministers.


Article 26 in urgent cases when it would conclude that a legal entity operates against morality, public order and the safety of the State, the Council of Ministers, with the opinion of the Commission of the legal persons, may prohibit the operation of the legal person, until its entry into legality, or even may decide the dissolution of them. In the latter case, the liquidation of the legal entity cannot be carried out by the judiciary in the article. 29, 54 and 82 next, and the next. Except in cases of urgency, the dissolution cannot be done than through justice.
The Commission appreciates the superior emergency legal persons at the request of the Council of Ministers or the Minister of Justice.

G. the destination of goods article 27 whatever the cause of termination of legal personality or withdrawal of authorization, the legal person will receive heritage destination indicated in the deed of Foundation, the statutes or the instrument of incorporation and the associations, in the case of silence, of acts of incorporation or its statutes, the destination specified by the decision taken by the General Assembly before dissolution.
In no case, however, the General Assembly may not assign the remaining assets than some other legal person governed by private law in the country with the same or similar aim, or the legal person governed by public law, which represent the State interests served by a legal entity was abolished.
In the absence of statutory guidelines, or a decision of the General Assembly, or in front of a decision of the General Assembly, contrary to the above provisions, the remaining assets shall pass into the patrimony of the Association or a Foundation governed by private law or public law operating for analog or similar which will decide comisiunea to legal persons under the Ministry of Justice, taking into account 6 and the opinion of the Minister under the authority and control of a legal person which fall 9.


Article 28 Heritage legal persons dissolved for any of the causes referred to in art. 53 (III) of paragraph 1. a and b and art. 81 (p. II), move to the social assistance fund.

II. Liquidation and termination of registration with Article 29 the liquidation of legal persons heritage governed by private law shall be made in accordance with art. 55 and the next, and 82 and the next from this law.


Article 30 termination of legal entity in the register of legal persons is done by entering in the register the Act found, declared or decided the dissolution.


Chapter 2 About associations of constitutive conditions Article 31 is the Convention by which the Association many people put in common, on a permanent basis, their physical contribution, knowledge and their work, in order to achieve a goal that does not pursue economic, personal or benefits.
The purpose of the Association can be ideal, or to comply with the general interests of the community or of a category in which associations they belong to, or, finally, to correspond to the personal interests of members of the non-patrimonial.


Article 32 the Association in order to acquire legal personality, it must be composed of at least 20 members and present in the statute a organization which produces a collective will, independent of the will of the members as individuals, the establishment of a social heritage, distinct and autonomous individual heritage of each associate.
Social heritage Foundation will need to be to the extent of at least partially achieve the purpose for which the Association is hereby established.
Any contributions or Government subsidies, any periodic membership fees nor the subsidies of the Romanian State, counties or municipalities and in General persons governed by public law are not subject to authorisation under article 9. 10. Liability of the initial formation of social associations or unions not URprofesionale.*) article 33 articles of incorporation and bylaws will be in authentic form. The Association will not be able to require the recognition of the quality of the legal person, than after the adoption of the Statute by the associates and after the appointment or election of persons who will have under statute, the responsibility of the Directorate and Management Association.


Article 34 the charters will be required: 1. Name of the Association;
2. Object and purpose;
3. principal place of business and, possibly, branches or subsidiaries;
4. the amount of starting capital, and his composition, as well as membership fees;
5. Organs of direction, administration and control.
The Statute does not derogate from the provisions of the law of public order front.
In the absence of statutory provisions sufficient for organizing the Association and regulate it with the Association will apply.

B. Organization of the main Article 35 Organs of State Association: a) a General Assembly, and b) a direction, a Steering Committee or a Board of Directors.
  


Article 36 the General Assembly is the supreme organ of the Association, it is composed of members, which meet the conditions laid down in the statutes or the instrument of incorporation.
In the absence of such conditions, will be part of the General Assembly, all the members, without any distinction.
The General Assembly will be convened by the person to whom is entrusted by the law enforcement agencies of the Association the Supreme leadership.
The convocation will take place in the cases provided for in the statute, or when it will be decided by the Steering Committee or Board and whenever requested in writing and reasoned, the direction of at least one-fifth of the number of members.
The summons will have to encompass the place and date of the call, as well as the agenda.

In addition to urgent cases recorded by the Steering Committee, which should be notified at least three working days before the date of the call.


Article 37 When those charged with convening, or their substitutes may not have quality, are absent or impeded to summon, and where, though given the quality, refuse to convene, if the Statute and the Act does not require Advisory situation, President or President of the Tribunal, in which the constituency Association, works will be able to authorize associations, which brought him to the attention of the case , to make his delegate's convocation, the most in years of them, or their representative, under the authority and control of the Minister which is found, to chair the Association general meeting and ensure its decisions by means of a protocol. In the absence of such a representative, the delegation may be one of the representatives of the public Ministry.


Article 38 General Assembly decides: a) on the benefits and the contributions to which they will be subjected to associations;
  

b) the admission and exclusion of members of the association according to the Statute;
  

c) on forms of convening the general meeting;
  

d) over how to vote;
  

e) over the majority with a quorum, and who will take the decisions;
  

f) Upon appointment or other organs of direction and control;
  

g) to determine the powers of bodies under subparagraph (a). f;
  

h) to control the activity of organs of direction and management, administration and control;
  

I) to revoke the mandates of individual or collective bodies of direction, management and control, through their laws and mea culpa would jeopardize its interests.
  


Article 39 All associations have the right to vote.
Apart from the exceptions below, and in the absence of proven otherwise expressly indicated, is not going to be able to take any decision than whether to answer the calling of at least half plus one (absolute majority) of the members.
The second convocation will be able to decide by an absolute majority of those present, whatever their number.
Decisions to dissolve the Association, or the transformation of social purpose, must meet at least 2/3 of the total number of the members present and absent.


Article 40 In the way associations will be able to make economic enterprises, since they are connected with the main purpose of the Association.
Such businesses, however, cannot be decided by the General Assembly.


Article 41 the proposals or acts made in writing without deliberation, will have the power to decide if they will be signed by the unanimity of the members.


Article 42 Member interested in personally, by wife, ascendants or immediate descendants through, by his brothers or sisters, in a matter submitted to the General Assembly's decision, or the decision of any of the organs of direction or administration, you will not be able to take part in the vote.
The members of the administrative organs of direction and will be at least the absolute majority of Romanian citizens.


Article 43 Direction, the Committee or the Board of Directors represents the Association in all the acts of his life conformindu is legal, statutes and decisions-General Assembly. After expiry of the term, it guarantee the business until the election or appointment of new organs.


Article 44 the organs of direction and Management Board are obliged to draw up the annual budget of the Association and shall be subject to approval by the General Assembly and possibly the upper bodies, which are subordinated by special laws.
The budget shall be drawn up by chapter and article, separate amounts for personal, material and sundries.
The approval and authorisation of expenditure will take account of the budgetary allocations to the destination.
The legal entities state-subsidised, the County and municipalities the authority granting the subsidy will be able to ask the ordonanţării full or partial refunds, justification improving the last grants authorised.


Article 45 of these organs are also required to submit to the General Assembly on the management of balance sheet at the end of each year.
One copy on your budget and the balance sheet shall be presented under the authority and control of the Ministry which is found the Association.


Article 46 When the bodies of direction, management and control, I cannot work due to vacation, illness, absence or any other cause of foreclosure of a part of its members, the President and the President of the Tribunal, at the headquarters of the Association, ex officio or at the request of the parties concerned, before the General Assembly which will convene, pursuant to article 5. 36 and 37, to decide the right to complete body, giving provisional delegation, under the terms of the memorandum, articles of Association and law, staff members will think what might better respond to this calling.

C. About associate membership associate Article 47 is personal and individual, it cannot move on to successors.


Article 48 is as Associate authorized to go out whenever the Association provided to communicate the decision to the administrative organs of direction and, for at least six months before the end of the year.


Article 49 the statutes or the instrument should provide for the cases of exclusion of members, the exclusion procedure, and that a rule. Exclusion pronounced by an administrative organ of direction or give, in law, a right of appeal to the General Assembly, which decides on the final court.
When statutes do not provide for cases where the procedure and exclusion, on the face of the law, the exclusion cannot be ruled out by the General Assembly with a majority of 2/3.


Article 50 associations, which are withdrawn or which are excluded, they have no rights over the property.
They remain obliged to pay membership fees on all the time as they have been associated.


Article 51 the personal rights of a given social, corporate, or compel their association as the holder would be dropped to them expressly in writing.


Article 52 within 10 days of when the decision became public, absent may request associate desolidarizarea to that decision, if one counts contrary to statute, articles of association or the law.
To this end, it shall notify its legal agent desolidarizarea through bodies and administration, as well as the competent Ministry.
General Assembly decisions may be appealed by the competent Ministry, the public Ministry or the interested parties before the courts of dissolution, for reasons of public order and deviate from the purpose of the society.

D. Dissolution Article 53 the Association loses its legal personality in the following cases: i. by decision of the Association, when the General Assembly, under art. 39, will be decidedly dissolution;
II. Full right: a) When the period expired for which the Association was established or when the order was made;
  

b) when the Association's purpose may be achieved;
  

c) when the Association due to insolvency, cannot continue his work, being forced to liquidate;
  

d) When the steering bodies and Administration can no longer be constituted in accordance with the bylaws;
  

e) when the number of members will have fallen below the limit fixed by statute or the limit set by law;
  

III. by judgment of purpose or action) when the Association became unlawful, contrary to morality or public order;
  

b) when intended goal through unlawful means, contrary to accepted principles of morality and public order;
  

c) when the Association without being licensed as it looks in art. 39, relating to the conversion of the aim, pursuing a purpose other than that for which it was established and which he said;
  

d) When the General Assembly decisions are taken in violation of the statutory provisions, the Constitution or the law.
  

IV. By decision of the executive power in the cases art. 25 and 26.

E. Liquidation Article 54 in cases of dissolution provided for in art. 53 para. I, Heritage Association will be done by bodies of direction and management, or persons appointed by the General Assembly.
3. in case of dissolution by judicial sentence shall appoint acting through dissolution.
In the event of dissolution of the Ministry, but as public, or interested in, the liquidators will be called in the Council Chamber, the civil court of the registered office of the Association.


Article 55 liquidators are obliged to carry out all the formalities required by law before the registration and publication of the liquidation of the Association.
Publications of liquidation will look: a) the name of the liquidators and the building in which the offices have installed, if the premises of former administrations will be kept;
  

(b) Invitation to creditors) producing their claims.
  

Known creditors must be invited and by individual notificatii.
The publication will be counted fulfilled after five days off from last insertiune.


Article 56 immediately after their entry, the liquidators as, together with the direction and administration of the Association, to take stock and balance sheet property, to ascertain the exact situation of the assets and liabilities.
Both the inventory and the balance sheet shall be countersigned by the liquidators and the representatives of the Division for Administration and liquidation.
Liquidators shall keep a register-log for all operations relating to the liquidation.
The direction and administration of the trust and of the liquidators records and records of the Association.
With the appointment of the liquidators cease to hold office and administrative organs of direction.


Article 57 the Association does not cease but to have the liquidation is completed than in being.


Article 58


Liquidators to continue developing businesses, to collect the claims, to pay creditors and, if cash is insufficient to turn the rest of the cash assets, procedînd first auction sale of estate.
The liquidators can make new operations required the liquidation business.


Article 59 the amount due to the creditor which produces no known claims it will record in his account.
If payment of the claim cannot be made immediately, or if it's contested, claims will not be declared finished before lenders to be guaranteed.


Article 60 in any event, the liquidators may not conclude their operations and submit the account management, than after one year of the publication of the dissolution of the Association.


Article 61 the liquidators who will contravene the obligations above will be responsible in solidarity against creditors for any damage will be caused to them by their guilt.


Article 62 Both towards and against Association members, the liquidators are subject to rules mandate.


Article 63 after completion of the liquidation, the liquidators are obliged to make the balance sheet, to deposit at the registry of the Tribunal, the competent Ministry and also to publish it in the Official Gazette and in newspapers more popular. Besides, the liquidation is completed anuntind and posters submission sheet will stick in the courtroom at City Hall and on the door of the building administration.
The liquidators will lodged at the registry of the Tribunal and to the competent Ministry a memoir describing all the operations of liquidation and their outcome.
They will submit their journal and register of the Court.


Article 64 If within 30 days of its publication in the Official Gazette of the balance sheet will not crop up no opposition, the balance sheet will be considered definitively approved and the liquidators shall have, with the authorization of the Tribunal, to submit to those entitled and amounts remaining assets from liquidation, together with all books and records of the company and the winding-up.
Only after this will be considered as liquidators download.


Article 65 Complaints from liquidators, balance sheet published in the conditions of the preceding article, may be made by any interested at the Tribunal's headquarters.
All appeals shall be judge in first and last instance court tribunal through one and the same sentence.


Chapter 3 About the foundations of formation conditions of article 66 Foundation is the Act by which a physical or legal person, an isolated and autonomous or own property, and the destination, in General, the achievement of a purpose, of public interest.


Article 67 shall be formed between living Foundation by notarial act, and testamentary Foundation by one of the prescribed forms for wills.
Bylaws or any other one which will accompany the Act of Foundation made in authentic form will have the same form as this act itself.


Article 68 the foundations are legal personality under the conditions laid down in article 21. 3. The application for recognition cannot be done than after appointment to steering and administrative bodies.


Article 69 the heirs and creditors have toward the founding Foundation the same rights as any other liberality.


Article 70 No founder, no heirs can revoke the registration of the Foundation after recognition is made according to art. 84 of this law.


Article 71 If living or testamentary Foundation between recognized legal entity after the founder's death, the effects of recognition of liberties previously made will be for the foundations of living from the date between the instrument of Foundation; and for the foundations of the legacy from the date of the testator's death.
The same effect you will have liberties made during the life of the founder, but recognition of the quality of previous legal entity.

B. the Organization Act concerning Article 72 will be void and will not be able to give place to the recognition of the quality of the legal person, if not determine purpose, does not constitute the patrimony or does not meet the conditions required by law.
The Act of Foundation can cause the contents thereof or in one direction, and administration bodies, their composition, recruitment managers, their way of life, or the institutions to be created.
The absence of this stipulation will not invalidate the Act, the Foundation will be in accordance with the provisions of administrative law.


Article 73 Each Foundation must have organs of direction, administration and control, set up according to the Act, statutes or composition of the founder, or, failing that, in accordance with the provisions below.


Article 74 When the Act of the Foundation has not determined the direction and administrative organs, the Ministry under whose authority and control to work, the Foundation will ask the Court of appeal, in which the constituency is located, or Foundation domiciled founder, appointment of administrators.


Article 75 the Court of appeal, at the request of the public prosecutor, at the request of the competent Ministry or the interested party but one, will make the appointment of administrators and if the direction established by the founder may no longer be of any cause, and continue to be replaced.


Article 76 When the Foundation is not sufficient, the Court of appeal may decide the replacement of interior regulation of the operation of the Foundation on the basis of the provisions of the law of the face.
Regulation shall be drawn up by the Steering Board, shall be approved by the Ministry and shall be published in the Official Gazette.
Foundation and administration personnel appointment will be made by the Directorate.
When the Foundation cannot be organised so that to satisfy the purpose, or her heritage, or if it's not enough, the Court of appeal, with the opinion of the Commission of the legal persons, will become available if the deed of Foundation shall not preclude, as her heritage to be switched to another Foundation of private law in the country or institution under public law, having the same purpose or a similar purpose as soon as possible. It must comply with the provisions as possible with conciliabile founder new situation.


Article 77 the organs of direction and Management Board of a Foundation shall have the rights and obligations referred to in article 1. 35 and following from this law.

C. Amending Article 78 Court of appeal opinion to the Commission, and enhancement of legal persons, will be able to decide, at the request of the administrative organs of direction and organization, modification of statornicită founder if it is found to be indispensable for the preservation of property and the attainment of the Foundation.
In such a case, the Court will decide and the name of an organization that will serve the steering bodies and administration in drawing up the rules of organization and functioning, which will be subject to the approval of the Minister and representing the general interests of the Foundation.
Both direction and administrative organs and judicial authority, and the Ministry will always give the provisions of the Act, was uncertain about the Foundation, the interpretation which can ensure the realization of this goal.


Article 79 following the same procedure, the Court of appeal, and the opinion of the Commission of the legal persons, will be able to modify the purpose of the Foundation, in part achieved, when it becomes apparent that he no longer has the character of primitive and Foundation no longer corresponds to his needs or what claims the founder would manifest, normally if i would sit in as possible.


Article 80 Amendment cannot achieve the Foundation's specialty.
In no case, however, it may be decided not change or alteration when it is established that the purpose is completely unattainable.
So it will follow when it will ascertain the need for the amendment or abolition of the Act of Foundation conditions and tasks which could jeopardize the attainment of the Foundation.
In all these cases the judgment will be made with the reading of the founder or his direct line erezilor.

D. Dissolution Article 81 Foundation ceases in the following Personality: i. full right: the aim is) when they find performed;
  

b) when her goal can not be achieved, and c) when the Foundation has become insolvent.
  

II. by judgement and by decision of the executive power in the cases provided for by art. 26 and 53.

E. Liquidation Article 82 liquidation of the assets and liabilities of the Foundation will be made according to the rules under articles 81 and 82. 54-65.


Article 83 When the dissolution will take place by judgement, the liquidators will be appointed by the same sentence which has declared or dissolution.
If dissolution was made without intervening any judgment, as well as in the case of paragraph 2. (c) under art. 81, the liquidators will be appointed by the civil court at the headquarters of the Foundation, the Board of the Council, but of the public prosecutor or any interested.


Chapter 4 About the inclusion of legal persons in article 84 the inclusion of legal persons will be made in special registers, kept at the registry of the civil court at their main headquarters.
There will be special for associations and registries for foundations.
The inclusion of legal persons under art. 7 shall be made at the registry of the Court of the registered office from Romania or from their residence.
Foundations, if the indication will not result from the headquarters of contents of the Foundation, registration is to be made at the registry of the Court of domicile, or of the last residence of the founder.
After the establishment of the Foundation and of its organs of direction and management, as provided for under article 4(6) of subsequent entries. 93 shall be made at the registry of the Court of the registered office of the Foundation.


Article 85 the enrollment Request will need to include: 1. the title or name of the legal person;
2. Object and purpose;

3. The registered office or principal place of business and the branches;
4. Your name, occupation and place of residence of persons under any title are concerned with the direction or administration;
5. Date of incorporation and statutes.


Application of article 86 to associations will be made by the founding members, steering, or 7 associates.
Request for foundations made vivid through documents between will be made only by the founder, and after his death, and for the foundations of the legacy, heirs, legatees, executors of estate law enforcement direction and management, and the Ministry representing the general interest what Foundation to serve.


Article 87 signatories of the application or one of its alaturind the Tribunal will present: a) a certified copy of the articles of Association of the legal person;
  

b) a copy of the statute and the Act establishing administrative organs of direction and, if it was called;
  

c) where bylaws or appointing the Directorate have been voted on and adopted at a general meeting, will be presented to duplicate the original on the minutes of the hearing.
  


Article 88 If the Tribunal finds that the forms and requirements for articles above are met and the Foundation and Association deserves to have legal capacity, will be decided according to art. 89 and will require them to be registered.


Article 89 the Court will consider whether the Council Chamber acts submitted, for associations and foundations, to fulfil the conditions and forms provided for in law.
Conclusions reached by the competent Ministry and representative of the public prosecutor are compulsory and judgement will rule in the face of the public meeting.
Failure to submit the conclusions of the competent Ministry shall be deemed in favour of the establishment of the legal person.
The Tribunal will be able to ask for explanations of the parties and, if he sees fit.


Article 90 the decision is given without objection, but with the right to appeal within 10 days of the pronouncement.
Final decision of admission will score remaining of the registry in the register of legal persons. Paperwork filed shall keep their respective folders.
Call is declared at the registry of the Tribunal.
Stakeholders, the public Ministry and the Ministry concerned will be able to appeal against the decision of the Court declaring.
Upon appeal, the Court shall, not later than 15 days after a declaration of appeal, will rule, following the above procedure.
The decision will be unopposed. Memories may be allowed by.
The appeal shall be made within 15 days from delivery.


Article 91 registration will reproduce the contents of the declarations provided for in articles. 85, and the date and number of the conclusion which he admitted signing up.
The mention about the enrollment will be made on the original of the constituent instrument or statute.


Article 92 Text for inclusion will be published without delay, through the Registrar, the care and perseverance on behalf of those interested in the Official Gazette and the newspapers more popular.
Following registration with the registry of the Tribunal's final decision, shall be bound, under penalty as set out in art. 94, as once the publication available in the Monitor, communicate a copy of the decision of the competent Ministry.
Each Ministry is required to enroll in a special register associations or foundations recognized their subordinate control and supervision.


Article 93 any alteration in the composition of the organs of direction and administration and in their tasks, change of domicile, any appointment and replacement of an administrator, Manager or accountant, any modification of the Statute and the General purpose of the organization or legal entity, any alteration, dissolution, liquidation, liquidators or replacement appointments, all will have to be immediately declared the registry, for entry in the register and for publication.
The Registrar shall always issue and evidence in support of the application, the documents shall be attached to the respective folders.
Above statements will be made by the Steering Board or liquidator, for everything will be relative to the liquidation. We will have to take care and publicarile.
Statements will be made and any interested person.
In case of change of residence all entries and subsequent records required by law will be made at the registry of the Court of the new home.


Article 94 any act that is subject to enrollment and neînscris or not will not be enforceable against third parties. But the act is still enforceable against third parties if it is established that they knew him another way.
Those subjected to declaration under art and publications. 86, will be freed from their obligations than after the effective realisation of the work, unless it will prove that the works have not been performed due to the Registrar.
Those which are not will satisfies these obligations are subject to fines of 500-10,000 lei.
The same punishment will be convicted and the officials who registrations, or omitted entries had broken curfew and publicarile spoken above apart from the removal of the punishment.


Chapter 5 jurisdiction and procedure in article 95 the Court of appeal, in which the constituency Association or foundation works, will have the responsibility to: a) members appointments departments and administrations of foundations from his constituency, following the rules in the cases under art. 75 and 76.
  

Appointments will be made in the Council but the direction and administrative bodies, public Ministry and the Ministry concerned;

b) revoking the steering bodies and administration of foundations in cases stipulated by this law.
  

Cancellations are made after discussion, and in the judgment of the emergency rule without opposition;

c) alter the conditions and scope, organisation of the tasks of the Foundation in the cases of art. 80. In all such cases, when the change is necessary, the Court declared, by resolution, shall indicate changes introduced.
The procedure will be the Council Chamber, but the direction and administrative organs, the public Ministry and the Ministry concerned.
The court hearing will depend on the availability of direction and administrative bodies, or any person would believe to be necessary, and will be able to wear out of the sample and information prescribed by the civil procedure. After the conclusions of the representative of the public prosecutor, the Court ruled by a reasoned decision, in a public meeting. Judgement is given in the presence of the representative of the public Ministry, without opposition.

d designation aşezămîntului), the Association or to pass the legal entity whose patrimony being ceased, in the case provided for in article 4. 79 and the next.
  

The procedure will be and in this case the work is graceful, jurisdiction will make the perseverance of direction and administrative organs, the public Ministry and the Ministry concerned.


Article 96 For the dissolution of a legal person by judgment, the competent court will be the civilian headquarters.
This Court has jurisdiction in the case when the legal person's personality, and pierzindu-of, cannot consent to terminate its activity.
The judgment call is made to the perseverance of any person interested.
The procedure will be rushed; the term of the first look will be a maximum of 15 working days from the date of receipt of the summons. Judgment will be done in particular.
The decision will be without right of objection, appeal within 20 days of the pronouncement.
The Court will rule on emergency and, in particular, without opposition.


Article 97 Disputes between the Association and associate judge of the Court of first instance are all from the main Office of the Association.
All other disputes eventually would crop up during the liquidation, or officials will judge according to common law, but for all instances of with fleshed deadlines as it looks in art. 901-905 from current commercial code of the old Kingdom, that in respect of these time limits governing legal persons shall apply throughout the territory of the Romanian State.


Article 98 the public Ministry will put the conclusions as part next in all matters of interest to a legal person, except in cases in which he is by law before the role of a main part. In the face of superior legal persons the Commission findings are released by the Attorney general of the High Court of Cassation.


Chapter 6 the Commission top of juridical persons Article 99 under the Ministry of Justice will work a Commission top of legal persons that will perform the tasks referred to in article 1. 19, 26, 78, 27.7 6, 82, 101, 102, 103 of the law from the face and any other tasks that will still give through laws and regulations.
The secretariat will Commission a entry in general ledger all legal entities in the country fell under the law of the face. For this purpose, each Department is required to notify the Commission of the upper table of legal persons that fall under their supervision and control, and each year the changes that should be made to these tables, either by the inclusion of new legal entities recognised either by the termination of those who have been raised this quality.


Article 100 Commission top of legal persons will work under the chairmanship of I.P.S.S. Metropolitan and Primate, in his absence, the Minister of Justice, and will be composed of the following members: 1. Minister of justice 2. The Minister of the Department or departments of the Ministers representing the interests served by the Association or foundation concerned on the issue filed before the Commission;
3. the First President of the High Court of Cassation and justice, or, in the case of foreclosure, the oldest President of the High Court of the same section;
4. the President of the High Court of Auditors and in case of foreclosure, a Councillor delegated by the President;

5. The Director-general or the administrator of the State institution, which serves similar interest served by the Association or Foundation brought before the Commission;
6. the President of the Romanian Academy, and in case of foreclosure, a member delegated by the President;
7. A delegate of the ephors traf civil hospitals;
8. Two curates, or efori, one of the managers of the most important people in the country, Minister of Justice and appointed by Royal Decree;
9. the Director of judicial affairs of the Ministry of Justice which meets and the Office of the Secretary of the Commission;
10. A university rector is appointed by the Minister;
11. Two of the most famous lawyers in the country.
The Attorney general of the Court of Cassation is part of the Commission only with consultative vote. The term of Office of the members appointed by the Minister of Justice is given a period of five years.


Article 101 the Commission will work with the majority of the members present, after implementing regulation of URlegii.*) all decisions are given in writing and reasoned.
The Commission is calling on outfit authorized representative of the legal person concerned. Non-legal person shall not give entitlement to a second call.
For the preparation of the work, the Commission may choose from beautiful or a permanent delegation composed of three members.
The Commission may form a delegation from permanent essence or consisting of no more than three members for the purpose of investigations or judgements necessary information gathering and its supervision of execution of such decisions.
In no case, however, this permanent delegation cannot give decisions which are exclusively within the competence of the plenary Commission.


Chapter 7 Unions, federations or groupings of juridical persons Article 102 by two or more legal entities will be able to form unions or federations.
These unions or federations may not acquire legal personality than the Court of appeal in the constituency to which the Union or Federation to have their principal place of business.
Opinion of the Commission of the legal persons will require obligatory in all cases.
Legal personality cannot recognize than if it is noticed, from the standpoint of general purpose pursued, the need for the Union or Federation.


Article 103 legal personality for dobindirea Procedure is laid down in art. 3 of this law.
Representatives of the Union or Federation are obliged as the enrollment request for recognition and to indicate the number, name and registered office for legal persons that form and copies of decisions whereby each recognized legal personality.


Article 104 Statutes, federations or unions of groups of legal persons must include rules that these acceding legal person will be represented on the Board of Directors and the General meetings of these unions, federations or groupings.
The Statute should include the conditions under which it is joining.
Their application for enrolment will not be permitted in the case of neobservare these provisions.


Chapter 8 final provisions Article 105 of regulation will determine in detail the mode of application of this law.


Article 106 Provisions under art. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 44, 45, 53, 68, 69, 71, 72, 73, 74, 75, 76, 77, 79, 80, 81, 82, 85, 86, 87, 88, 89, 90, 91, 92 , 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103 and 104 are of public order.
Special laws concerning professional associations or trade unions remain in force, since it does not contravene the provisions of the public order Act of face.


Article 107 Any contrary provisions of this law are repealed and remain.


REGULATION for application of the provisions for legal entities (associations and foundations) of 19 April 1924 Chapter 1 General provisions Article 1 the associations and foundations, non-profit-making or heritage, created and organized by private individuals, will acquire legal personality on the basis of the law promulgated by Royal Decree No. 452 of 3 February 1924 and under the conditions laid down in this regulation. (Article 1).


Article 2 legal entities existing on the promulgation of the law will continue to operate according to the provisions of laws, decisions or laws, they have constituted, as will not be contrary to the public order provisions, provided by law to legal persons. (Art. 2).


Article 3 Of the law on the date of promulgation for legal entities, any modification of the statute of incorporation or transformation times of the character of the Association or any modification of the aşezămîntului, organs of administration and control, termination or dissolution of a legal entity, liquidation and attribution of goods both of legal persons governed by private law, existing, and of those who will shape the future will not be able to do than in accordance with the provisions of that law. (Art. 8).


Article 4 legal persons governed by private law may not receive liberalităţi than if they are authorised for this purpose by Royal Decree, based on a journal of the Council of Ministers, following the report of the Minister under whose control the institution's purpose falls. (Art. 10)


Article 5 authorisation are exempt from contributions or donations, membership fees, and initial periodic subsidies of the Romanian State, counties, municipalities, and in General to all persons governed by public law, as well as gifts of textbooks in money or objects.
In these latter cases, the legal entity will be required to make to issue individual receipts in a workbook with the Queen Bee. (Art. 32).


Article 6 in respect of contributions received in cash, effects or articles of any kind, on the way to appeal to a public charity, will proceed in accordance with the provisions laid down in the law on the regulation and control of voluntary contribution to the public, promulgated in the Official Gazette nr. 51 of 8 June 1923. (Art. 32).


Chapter 2 Dobindirea legal personality and the inclusion of legal persons Article 7 legal personality is granted to members and non-lucrative settlements or Tribunal civil heritage in Vienna which were established on the basis of the application of those directly concerned. (Art. 86).


Article 8 the application for legal personality will dobindirea be signed: a) For associations by the founding members, the direction or 7 associates;
  

b) foundations, only the founder, when the Foundation is done through acts between vineyards, and after his death and legacy, foundations for organs of direction and management, or by the Minister in whose jurisdiction falls the purpose of the Association or aşezămîntului.
  

The request will be presented to the Tribunal by all signatories or by one of them. (Art. 86 and 87).


Article 9 the request for legal personality at least 20,000 will have to encompass: 1. The title or name of the legal person;
2. Object and purpose;
3. The registered office or principal place of business and the branches (affiliates) will be;
4. Your name, occupation and place of residence of persons under any title are concerned with the direction or administration;
5. The date of incorporation of the Foundation or association. (Law, art. 85).


Article 10 the request for legal personality at least 20,000 will join: a) certified copies within 3 copies of the authentic Act of incorporation and statutes, and if your order falls within the competence of the legal entity of two or more Ministers, will be joined by yet a sufficient number of copies of such acts;
  

b) copy of the acts of the appointment or election of the administrative organs of direction and, when they were designated after the Constitution;
  

c) certified copy of the minutes of the hearing, when the adoption of the Statute of the administrative organs or the appointment was made in a general meeting. (Law, art. 87).
  


Article 11 the Tribunal constatind that the forms and requirements for articles above are fulfilled, will be required by the Ministry's opinion address whose purpose falls within the competence of the Association or aşezămîntului, also inaintindu him a copy of the statute and memorandum of Association.
If the purpose of the legal person falls within the competence of two or more Ministers, will be asked their opinion and. (Law, article 3 and 89).


Article 12 the Ministry concerned once referred to it will proceed to the necessary enquiries, realizing it is the opinion of or within 15 days of receiving the Court address.
The opinion of the Ministry will include the necessary information on the unity of the Association or aşezămîntului, and if the articles of incorporation and bylaws shall contain all necessary provisions in order to ensure achievement of the aim and the administration of funds.
If the Association or the oldest when dobindirea is required for legal personality is already at work, it will look like and how its activity in relation to the purpose and the provisions of the statute or regulation, under which he worked.
With the opinion of the Tribunal, the Ministry will refund the copy of statute and memorandum that was sent. (Art. 3 and 89).


Article 13 After receiving the opinion of the competent Ministry or after expiry of the period referred to in the preceding article, the Court shall fix the day, reading on the competent Ministry and on the people who signed the application, at the headquarters of the Association or aşezămîntului. (Art. 3 and 89).


Article 14


The Tribunal will investigate the term in the Council Chamber if the paperwork filed for legal personality dobindirea satisfies the conditions laid down by law and regulation of legal persons and, after hearing the parties and of the conclusions of the competent Ministry and delegate of the public Ministry, will decide the verdict in public meeting.
In case of acceptance of the application, will require the inclusion of legal entity and in the register.
Failure to submit oral or written conclusions of the competent Ministry shall be deemed in favour of the establishment of the legal person. (Art. 3 and 89).


Article 15, the sentence is given without objection and appeals within 10 days of the pronouncement.
Call is declared by the parties concerned, the public Ministry or the Ministry graft Tribunal and shall judge with the same procedure as the Court, no later than 15 days after his declaration.
The Court's decision is not subject to opposition, but merely an appeal within 15 days from delivery. (Art. 7).


Article 16 the Court decision of admission will be included in the final remaining in the special register of legal persons under the care of the Registrar.
Only after the fulfilment of this formality will have a legal entity being lawful. (Law) (article 90).


Article 17 entry in the register shall include acts of their case after all data specified in article 1. 9 and 10 of the regulation, as well as the date and number of the decision that gave the creature and ordered them to be registered.
Mention of this inclusion will make all 3 copies of constitutive documents and statutes referred to in article 1. 10 a. (Law art. 91).


Article 18 of the membership's final decision in the register of the legal entity, the registry shall: a to) make publicly available without delay the text for inclusion in the Official Gazette and in 2-3 more popular newspapers, the perseverance and the expense of the parties concerned;
  

b the competent Ministry) to communicate a copy of the decision, accompanied by a copy of the statute and of the articles of incorporation, provided provided by the last paragraph of article. precedent.
  

A second specimen from the statute and the articles of incorporation shall be issued to the person's Legal Division, and the third copy will be kept in the dossier. (Art. 92).


Article 19 steering Bodies or liquidators of the legal person and any such person will immediately declare the registry entry in the registry towards legal persons and for publication: 1. Any modification of the Statute and the general purpose of the organization or legal entity and termination, dissolution or liquidation;
2. Any amendment relating to the composition, powers, change of domicile, the appointment and replacement of organs of direction, administration and liquidation.
Persons designated above will also take care of the necessary publicarile. With statements of enrolment shall submit to the Registrar and all the supporting documents required in support of the application. (Law, art. 93).


Article 20 In the event of a change of address, all entries and subsequent records required by law will be made at the registry of the Court of the new home.
In this case, the legal entity shall request the Court of the old headquarters, on the basis of the document which decides the change of domicile, to strike out the entry in the register or at the same time to be notified of the Tribunal's new premises, to enroll again, certified copy of all the notes listed in the registry of the Court of first instance of the old headquarters before moving residence Association or aşezămîntului. (Law, art. 93).


Article 21 a aşezămînt created by a legal person may not have a personality distinct from that of the person who created it, unless he be formally recognizes it, according to the settled law.
Cannot recognize the legal personality of associations and foundations which have an illicit object for public order or morality or which are formed for the purpose of such purpose. (Law, article 5 and 6).


Chapter 3 the establishment, organization, functioning and cessation of juridical persons Article 22 organizations may acquire legal personality on the basis of law, differ in associations and foundations. (Law, article 31).


Article 23 is the Convention by which the Association many people put in common, on a permanent basis, their physical contribution, knowledge and their work to achieve a goal that does not seek pecuniary or economic benefits.
The purpose of this kind of associations may be purely ideal, to correspond to the general interests of the community, or just a category in which associations they belong to, or finally to match the personal interests of members of the non-patrimonial. (Law, article 31).


Article 24 the Foundation is the Act by which a physical or legal person constitutes a distinct and autonomous patrimony the patrimony or own it and the destination, in General, the achievement of an ideal public interest purpose. (Law, art. 66).

A. Constitution of Article 25 the formation of associations and foundations between vineyards, with a view to getting the legal personality, will only be made on the basis of authentic instruments.
Will also be made in the form of statutes that will: authentic should accompany the Act of incorporation of the Association, as well as acts or any other one could accompany the Act of Foundation, and any subsequent amendments to these acts. (Law, art. 33 and 67).


Article 26 testamentary Foundation will be made by one of the prescribed forms for wills. (Art Law. 67).


Article 27 contains provisions necessarily: For associations: a) the name of the Association;
  

b) principal place of business;
  

c) names and material contributions of founders: cash, in effect or in any kind of goods, with the evaluation of the current cost, constituting the patrimony of the Association;
  

(d) the number and names of people) that make up the Association, as well as those who form the Board of Directors and Audit Board, noting that profession, domicile and nationality of their own.
  

For foundations: 1. purpose.
2. Establishment of heritage. (Law, art. 34 and 72).


Article 28 statutes of associations or foundations shall contain: (a) the name of the Association or Foundation);
  

(b) the Purpose and subject matter);
  

c) Duration;
  

d) principal place of business and the subsidiaries, if am;
  

e) the composition and functioning of the organs of management, direction and control.
  

With regard to associations, the Statute will specify and how to supplement the original heritage, as well as the method of determining the periodic contributions. (Law, art. 33, 34 and 73).


Article 29 the Association in order to acquire legal personality, it must be composed of at least 20 members and present in the statute a organization which produces the will wills independent cooperative members as individuals and to set up an isolated and autonomous individual heritage of each associate.
Social heritage Foundation to be able to achieve at least partial order for which constitute the Association.
Bylaws of the Association shall prescribe the formalities and conditions of admission for members, such as older people, sex, profession, etc.
Also, cases of exclusion, the procedure to be followed and the right of a rule. In the absence of such statutory provisions, the exclusion cannot be ruled out by the General Assembly with a majority of 2/3 of the members present.
A member may withdraw from the Association at any time provided to communicate the Directorate's request with at least 6 months before the end of socially (law, article 32).


Article 30 specifies that, as regards the conditions for the admission of members in professional associations with nature, the Statute will have to comply with the provisions of article 4 of everything special. 2 (2). I, art. 4 and art. 60 of the law on the professional unions, published in Monitorul Oficial nr. 41 of 26 May 1921 (Law art. 106).

B. Organization of the Article 31 associations and foundations are run by bodies of direction and control by the Board and their own bodies, apart from the control exercised in accordance with law by the ministries in question (law, art. 35).


Article 32 the Association Statutes or acts which will rule the Organization the Foundation will have to specify in detail the composition and powers of the Board of Directors, steering and control bodies (Law art. 37 and 72).


Article 33 Board of Directors will work in edge of the rights conferred by statute or delegated his powers to the General Assembly.
Regarding the functioning of the Board of Directors, bylaws will specify: the number of members) what follows him to compose, the duration of the appointment or election of renewal, and modality;
  

b) date when the meetings will take place and most of them with the decisions;
  

(c) the person or persons) from the beautiful Council will represent the institution in all legal acts of his life, if this right is not specifically reserved by statute of the Directorate;
  

d) how it will fill the seats which have become vacant until the next Council in essence keeping General Assembly (law, art. 35).
  


Article 34 the direction of a legal person may be entrusted to one or more persons, who will work in accordance with the statutory regulations, or lack thereof on the basis of the decision of the General Assembly (law, art. 35).


Article 35 Organs of control will only work on the basis of statutory provisions or acts which organizes the operation of the Foundation, its authority not being created than to the General Assembly, or other upper organs namely specified in these provisions (Law art. 35).


Article 36


When any of the organs of the Administration and control of the Association cannot function due to absence, illness, or any other causes for foreclosure of a part from their members when they are in consequence of statutes, it will fill seats by the President of the Court of the registered office of the Association, ex officio or at the request of those concerned, giving the provisional Statute of the delegation on the conditions Memorandum of law, and what associations will personally thinks that it could better respond to these calls and which will function until the convening of the General Assembly, under the conditions laid down by the Statute and the law (law, art. 46).


Article 37 When the organs of administration and control of the foundations were determined through the Constitutive Act or when they can no longer be completed for any reason, then their appointment will be made by the Court of appeal, at the request of the public prosecutor, the competent Ministry or the perseverance of one of the stakeholders (Law art. 74).


Article 38 When organizing Foundation are found insufficient to preserve the goods or the achievement of the aim pursued, it may be amended by decision of the Court of appeal.
The Court's decision will be based on the application of the administrative bodies of the Foundation or of the competent Ministry, after what will be taken and the opinion of the Commission of the legal persons.
The Court of Appeal's decision will set the foundations of the new organization, and which will be used to amend the regulations governing the Organization and functioning of the Foundation, whether in the preparation of a new regulation.
The regulation shall modify or shall be drawn up by the Steering Board of the Foundation shall be approved by the Minister which represents general interests served by the Foundation and is transcribe the excerpt in the register of legal entities, fulfilling his-is referred to in regulation of formalities.
Both organs of direction and administration and Ministry and judicial authority will always give the provisions of the Act of Foundation was uncertain about the interpretation which can ensure the purpose of the Foundation.
Following the same procedure, the Court of appeal and of the superior Commission given to legal persons, will be able to change the order of the Foundation in part achieved, when it becomes apparent that he no longer has the character of primitive and it no longer matches social needs and intentions manifest what founder normally if i would sit in as possible.
The amendment of the regulation of the Foundation or the drawing will have regard to the provisions of this regulation concerning the organisation and functioning of legal persons (Law art. 78 and 79).


Article 39 if the Foundation is not sufficient or if in any other cases the Foundation may not be organized in such a manner as to ensure the achievement of the purpose for which it was created, the Court of appeal, with the opinion of the Commission of the legal persons, may order, if the deed of Foundation shall not preclude, as her heritage to be switched to another Foundation of private law in the country or institution governed by public law with the same purpose or a purpose as similar as possible.
It must comply with the provisions as soon as possible on the founder, conciliabile with the new situation.
The Court's decision will be made based on the application of either direction or of the Foundation or the Ministry under whose control falls Foundation.
In such cases will be done and deletion from the register of legal persons dissolved by decision of the Foundation of the Court of appeal (law, art. 76).


Article 40 the Association, in addition to administrative bodies and control provided for in article 10. 73 of the Act, the higher will be the organ a General Assembly composed of associations which meet the conditions laid down by the statute.
All the members have equal voting rights (Law art. 36 and 39).


Article 41 the Statute will determine: 1. the date of the ordinary General Assembly structure;
2. When it may convene an extraordinary general meeting;
3. convening Formalities and bodies have the right to summon them.
When statutes do not have, will be convened by the Directorate or Board of Directors, ex-officio or following receipt of a reasoned request in writing or at least a fifth of the number of members; also it will be able to do by the tribunal in the cases referred to in article 1. 37 of the Act.
The summons will have to include the date, time and place of the Assembly, as well as the order of the day; except in cases of urgency, found driving summons will be communicated with at least 3 days free of all stakeholders;
4. The way of the establishment of the Bureau of the Assembly;
5. The number of members must be present at the first and second convocations for meetings should be regarded as validly constituted, as well as majorities they may take decisions.
If you do not have statutes, sessions of the Assembly shall not be deemed to be valid unless they have pledged to the invitations made to answer a number of members that after first calling to represent the absolute majority of the total members.
Otherwise, the Assembly shall be adjourned to a date to be determined earlier through the agenda of the first convocation, the Assembly will be able to take place with any number of members will be present.
The decisions of the General meetings shall be taken by an absolute majority of the members present, except in cases specified below: a) the exclusion of Associates, when the decision will be taken by a majority of 2/3 of the members present;
  

b) decisions concerning the dissolution of the Association or at changing the social purpose shall be taken by a majority of 2/3 of the total number of the members present and absent.
  

6. How to vote: 7. Powers of the General Assembly (Law art. 36, 39 and 49).


Article 42 Fall within the competence of the General Assembly to all acts that are not specifically reserved by statute bodies of management and control.
In particular, but the General Assembly remain the following duties: 1. checking and approving the balance sheet and the revenue and expenditure account;
2. Discharge of the Board of Directors;
3. Establishment of benefits and of contributions to which they will be subjected to associations;
4. Election and revocation of the administrative organs and control;
5. Approval and amendment of the budget (Law art. 38).


Article 43 the Statute will determine which organ of the Association belongs to determine the Foundation of the new subsidiaries as well as to how the relationship between those branches and subsidiaries and their central (Bill 34).


Article 44 of the Association's Statutes or acts which have been organizing foundations will determine the end of the financial year, when it will draw up the balance sheet and revenue and expenditure accounts (income and expenses).
When bylaws are not aware of the balance-sheet date, it will be drawn on December 31 (Law art. 45).


Article 45 balance sheet will end based on the following documents: a detailed Inventory of goods) and immovable property, including their type and value, which will be drawn up at the end of each year. It will be noted in the inventory and all debts what payment institution would have at this age;
  

b) the journal, it will be noted throughout the year as they carry out their all entrances and exits of movable or immovable assets that contribute to increasing or decreasing the legal person's heritage (Law art. 45).
  


Article 46 Totals in two distinct parts (assets and liabilities) shall include: i. the elements constituting the assets of a legal person, namely;

located in the House) or Cash deposited at various financial institutions;
  

b) Value of public effects in house keeping or applied to other institutions;
  

c) and various installations: Value;
  

d and Value of various items) materials which would be in the creation of the institution also inventory value furniture, tools, vehicles and other related goods etc., which help to achieve the goal of the legal person, etc.
  

II. legal entity constituting the liabilities Items namely;
1. what Debts the institution has contracted;
2. The remaining net heritage forming legal entity will figure in the balance sheet: a) in the form of a global fund or various special funds provided for in the statute or act of the Foundation, and (b)) of the Surplus of the year (Law art. 45).
  


Article 47 management accounts (income and expenses) based on the special provisions of statute shall include: i. The income Surplus carried forward) from the previous year;
  

b) own revenue of legal person, namely: contributions of the members, with fees that help those who make use of the work carried out by the institution, interest and amounts resulting from the placement of coupons available, income property and of all economic enterprises;
  

c periodic subsidies granted) the value of various public and private institutions;
  

d) Amounts arising from various intimplatoare income: donations, contributions, product serbarilor and calls addressed to public charity, etc.;
  

It's possibly the year's Deficit).
  

II. Expenses 1. The deficit eventually reported the previous year;
2. the sums that were spent, in particular for the attainment of legal person;
3. the sums spent on Administration (salaries, rent, heating, lighting, etc.) and with maintenance or depreciation of furniture or buildings of the institution;
4. Surplus possibly of the year (Law art. 45).


Article 48 the direction or the administration of the legal person, as well as the conclusion of the balance of the account on the year expired, will proceed to the establishment of the budget of expenditure and revenue for the next year (law, art. 45).


Article 49


The budget shall be drawn up by chapter and article, rather than one that the amounts referred to in article criteria. 44 of the Act and art. 47 of the regulation, concerning the preparation of the revenue and expenditure account.
The registration of receipts and payments in general and the approval and authorisation of expenditure in particular, account shall be taken of the budgetary allowances (law, art. 45).


Article 50 the balance sheet, income statement and budget management, after they have been checked by the control bodies provided for in the statutes of the legal person, shall be subject to approval by the General Assembly or other organs of any special Act of the Foundation or by special laws (law, art. 38).


Article 51 shall, within three months after closure of the balance sheet, a copy in two copies after the accounts referred to in the preceding article shall submit to the Ministry under the control and authority of which the legal entity is found.
The Ministry, after checking the accounts received, will return a copy of the Directorate of the legal person concerned, and the other copy will be kept in the archive of the Ministry of (Law art. 45).


Article 52 also, after keeping the general meeting which approved the balance sheet and the budget of the Association, it shall submit to the Ministry concerned and a certified copy of the minutes of the hearing (law, art. 45).

C. termination of personality Article 53 Associations and foundations lose their legal personality in the following cases: i. full right: a) is met When the social goal;
  

b) when social purpose can no longer be achieved;
  

c) when the Association or Foundation is being forced to liquidate insolvent.
  

For legal entities in the form of an association shall add the following cases: 1. When the time limit has expired for which the Association was formed;
2. When the administrative and control bodies may no longer be constituted in accordance with the bylaws;
3. When the number of members will have fallen below the limit fixed by statute or by law.
II. by judgment of what means) when used for the attainment of the goal had become himself or illicit, contrary to morality or public order;
  

b) when the Association or foundation without having fulfilled the necessary legal formalities for the transformation of social purpose, pursues a different purpose than the one for which it was established and which he said;
  

c) when Foundation is insufficient and the Court of appeal will be decidedly shifting to another Foundation;
  

d) For associations and when the General Assembly takes decisions which are contrary to the provisions of the articles of association or the law.
  

III. By the decision of the executive power, in cases provided for by art. 25 and 26 of the Act.
IV. by the will of the parties, when the General Assembly of the Association will be decided the dissolution in the manner and under the conditions prescribed by law (law, art. 53).

D. Liquidation Article 54 the liquidation of legal persons heritage governed by private law shall be made in accordance with article 4. 55-56 of the Act. (Law, article 54-65).


Article 55 In case of dissolution of a legal person, the liquidators shall appoint as follows: a) sentence that decides the dissolution in the event when it was held by judgment;
  

(b) the civil court) at its registered office, in the Council Chamber, the stăruinţele of the public prosecutor, or any interested when dissolution has occurred in law or on the basis of the decision of the executive power;
  

c) General Assembly of the Association when the dissolution was done on the basis of the decision of this body. In case when the General Assembly of the liquidation has not appointed liquidators, liquidation of assets and liabilities is made by direction or even administrative organs (law, art. 54).
  

E. termination of enrollment and destination of goods Article 56 termination of legal entity in the register of legal persons is subject to the Act found, declared or decided the dissolution or following the transfer of the seat of the legal person (law, art. 30).


Article 57 whatever the cause of termination of legal personality, the heritage the legal person resulting from the liquidation, will get the destination indicated in the deed of Foundation or the statute (law, article 27).


Article 58 The associations, in the case of silence of the Statute, the destination will be decided at a general meeting held prior to the dissolution.
In the absence of statutory provision or a decision of the general meeting or the decisions taken against the statutory provisions of the law, or the destination of a Heritage Act Commission top of businesses after taking the opinion of the authority and the Ministry under whose control and fall legal entity was abolished.
In all these cases, the remaining assets will not be awarded than a legal person governed by private law in the country with the same or similar purpose, or a legal person under public law, which represent the State interests served by a legal entity was abolished (law, article 27).


Article 59 where the legal entity has been dissolved by judgment or by the decision of executive power under art. 53 (amp; para. 11 (a) and (b)) and (III) of the regulation, then they will move on to the Heritage Fund of social assistance (law, art. 28).


Chapter 4 Unions and federations of juridical persons Article 60 Two or more legal entities may be established in the Union or federatiuni, towards achieving an end unit and close to the goal of each legal person.
These associations of legal persons may acquire legal personality than the Court of appeal in the constituency to which the Union or Federation to have their principal place of business.
Legal personality cannot be granted unless it is noticed, from the point of view of the general purpose pursued, the necessity of the Union or Federation.
Cannot recognize the legal personality of an association or body of persons unknown legal institutions (law, article 5 and 102).


Article 61 the procedure to be followed for the legal personality of the dobindirea and the inclusion of these associations of legal entities shall be that provided for in chapter II of this regulation.
Specify dobindirea as the legal personality, for in addition to the opinion of the competent Ministry shall be required in all cases and the opinion of the Commission of the legal persons (Law art. 102 and 103).


Article 62 of the Union or Federation Representatives are obliged as the application for recognition and registration in addition to the stipulations provided for associates, its number, the name and registered office for legal persons that form it, alaturind and copies of decisions whereby each recognized legal personality (Law art. 103).


Article 63 Unions and federations shall constitute an act of incorporation in authentic form, together with their respective statutes, conformindu-is provided for in this regulation for the establishment, organization and the cessation of legal persons in the form of officials of associations (Law article 3 and 103).


Article 64 the charters of these unions or federations should include inter alia: a) rules with legal entities will be represented on the Board of Directors and the General meetings, as well as the method of appointment and election of control bodies;
  

(b) the conditions under which) can receive accessions to legal persons established so as to contribute to the unification of leadership and business associated (Law art. 104).
  


Chapter 5 monitoring and control Article 65 in addition to control established by the statutes or instrument of incorporation, the State has a general and permanent law of supervision and control over all legal persons under private law, non-profit associations, foundations, unions or federations.
This control aims on the sidelines as legal entities to operate and to be administered in accordance with the purpose and provisions of the Constitution and statutes, regulations, and on the other hand that they do not work against morality, public order and the safety of the State (law, article 15).


Article 66 the General Action of oversight and control is exercised by: 1. Ministry under the authority and control of a legal person which falls after the distinction from art. 16 of the law, through his delegates and inspectors, as well as by the Commission of a legal upper;
2. The public Ministry;
3. the county authorities and municipal Delegates, but only for legal entities which it subsidizes (law, article 15).


Article 67 When the purpose of the legal person falls within the competence of two or more Ministers, each of them also exercise control and supervisory action.
When the purpose is not sufficiently characterised in terms of component control bodies, then legal persons fall under the supervision of the Ministry of the Interior (art. 21).


Article 68 when exercising control, delegates will have prosecutors and inspectors to keep themselves informed and to inquire whether the activity of the legal person and its management is carried out in accordance with the statutes and founding acts and decisions and approvals in edge data of upper bodies established under those acts, or by special laws.
Also, if the institutions created and carried out correspond to action according to their proven conditions through acts and if this activity is not contrary to the General conditions of public order of the Constitution and laws of the country (Law article 15 and 18).


Article 69 Delegates of ministries, counties or municipalities, ministries, or inspectors will make at least twice a year a thorough inspection of the activity of legal persons consemnind those subsidized, noted in a report, which they will forward it to the competent Ministry.

For legal entities nesubventionate this inspection will be done at least once a year, through the competent Ministry special delegates, on its own initiative or following a request by the steering bodies of legal entities, or directors. (Law, article 16 and following).


Article 70 Each Ministry will keep a special register entire Ministry or on directions, they will score all legal entities and their subordinate control and supervision.
In the same registry will enroll: 1) all amendments to acts leading to legal persons.
2) date and balance sheet and revenue and expenditure account what legal persons are obliged to conclude and to submit annually to the Ministry.
3) data that have made various inspections. (Regulations, art. 92).

Appointment of delegates, their rights and duties Article 71 of the State Authorities, County or Township, whenever subsidized a legal person, shall have the right to appoint their permanent representative to advise the organs of direction or administration of this institution.
On the occasion of the granting of subsidies, said authorities will be able to ask for legal persons, about conventions, the adoption of a programme of activity and placing in their statutes or regulations changes are necessary to ensure compliance with the agreed programme, in the edge of social purpose established by the Act on establishment of legal entity subsidies. (Regulations, art. 16).


Article 72 the authorities concerned will not be able to call them advise each of the legal entities what they subsidize a delegate.
The same person may be delegated to several authorities and at the same time she can fulfill this function in addition to several legal entities.
Delegates may be appointed from among the senior officers of the controlling authority or Committee members of the commissions that work times to advise the Ministry. (Regulations, art. 17).


Article 73 Delegates will cooperate with law enforcement authorities in the direction and administration of legal entities on the basis of the instructions received from the authority or authorities that called them.
To this end, delegations will participate with consultative vote, the decisions taken by the steering committees or trustees, their opinions to the contrary by entering in the minutes of the meeting.
Directors or managers are obliged to call on the delegates to meetings, inaintindu them and agenda, and in case of their absence from meetings to communicate decisions. (Regulations, art. 18).


Article 74 in addition to the duties specified in this regulation from the State authorities, delegations, County or Township have a special duty to supervise the activity of legal persons is carried out according to the program agreed.
The teen-agers and to comply with their duties, delegates will be able to make use of the rights conferred on them by article 19. 18 and 19 of the Act. (Law, article 18 and 19).

Article about 75 inspectors To all legal entities will control nesubventionate exercise of inspectors or other officials of the competent Ministry delegates, ex officio or at the request of the administrative bodies of the respective institutions. (Regulations, art. 21).


Article 76 submissions do not Inspectors nor give direct indications of direction and administrative bodies of legal entities controlled. They only establish the facts which he recorded in written reports, after cases and protocols concluded on the spot.
The reports of the competent Ministry shall submit to decide or to refer the case to the other administrative bodies or judicial bodies provided by law. (Regulations, art. 21).


Chapter 6 the competence and procedure for Article I tribunals are Tribunal 77 civil jurisdiction in whose constituency Association or foundation works: a) applications of members and foundations shall be granted legal personality;
  

b) applications for the dissolution of associations or foundations made by the public Ministry or the competent Ministry in the following cases: 1. When the order or action of the Association became unlawful, contrary to morality or public order.
2. When the purpose of pursuing by means of unlawful and contrary to public morality.
3. When the Foundation without being authorized, as it looks into art. 38 of that regulation, the conversion of the aim, pursuing a purpose other than that for which it was established and which he said.
4. when the General Assembly decisions are taken with the violation of the statutory provisions, the Constitution or the law;

(c) the respective Ministry) to pronounce the dissolution of a legal entity in case when pierzindu personality of, cannot acquiesce to cease his activity.
  

In the cases referred to under points a and b, the Tribunal will call through the hotarind dissolution of the same decision and on liquidators;

d) applications of the public prosecutor or any interested to appoint liquidators in cases of dissolution of the legal person;
  

(e) Requests relating to authorisation) calling and chairing the General Assembly;
  

f) applications concerning the filling of seats through the delegation when the bodies of direction, or control Board may not work due to vacation, illness, absence or any other cause of foreclosure of a part of the members;
  

g) applications concerning disputes between associates and Association in cases provided for by art. 47 and following of the Act;
  

h) applications for any other dispute would arise during the liquidation, or officers except those specified above;
  

I) Authorisation to submit those liquidators have the right assets and monies left over from the liquidation of the assets of associations, along with books and paperwork belonging to them. (Regulations, art. 3, 37, 46, 47, 53, 54, 64, 74 and 83, 84, and following, 96).
  


Article 78 Judgment of applications referred to in article 1, precedent will be done according to the rinduielilor contained in the head. 2 of this regulation.
In the cases referred to in points b, c, g and h under the same article, to make urgent and, in particular, the period of the first great neputind be longer than 15 working days after receipt of the summons.
Decision the Tribunal will rule without opposition, but with the right of appeal.
The time limit for appeal will be 20 days from the pronouncement.
Other requests will resolve themselves in the Council Chamber. (Regulations, art. 84 and following, 96).


Article 79 In cases referred to under article 6. (h) 77 the procedure will be that of the common law, but for all instances of the time limits shall be those laid down in articles 81 and 82. 901-905 from current commercial code of the old Kingdom, which in respect of these time limits shall apply throughout the territory of the Romanian State. (Regulations, art. 97).


Article 80 the Tribunal shall consist of the public Ministry, which will put the conclusions as part next in all matters of interest to legal persons, and the main part, in cases when the law assigns that role. (Regulations, art. 98).


Article 81 the Tribunal is competent to judge on the first court, with appeal to the Court, the offences provided for in art. 2, 7, 23 and 94 of the Act.
The time limit for appeal is 20 days from the pronouncement or communication. (Regulations, art. 2, 7, 23, 93).


Article 82 the Court is also competent to judge in the first and last court appeals made by any interested counter balance sheet drawn up and published by the liquidators. (Regulations, art. 65).


Article 83 The courts with multiple sections or complete settlement of all the applications referred to in this paragraph shall be within the competence of the section I civilo-correctional facility or the Panel chaired by the President of the Tribunal. (Regulations, art. 3, 88 and seq.).

II. For the Court Are the competence of Article 84 appellate court in Vienna which works Association or Foundation: a) the claims made by the competent Ministry for the appointment of administrators, in case when the Act of Foundation has not determined the direction and administrative bodies of a legal person.
  

In case when the founder's domicile is not in District Court, where the legal entity works application will be addressed and which reside in the District Court founder.

b) claims made by the public Ministry, the competent Ministry or the interested party for the appointment of administrators, in case when the direction established by the founders or the Administration can no longer be of any cause, replaced, or continued;
  

c) claims made by the public Ministry or the Ministry under the authority and control of the Association or foundation which falls to revoke the direction and administrative bodies, in the case when one might find that they do not appear to comply with the laws of the country of its foundation or formation, or if it is established that the goods are entrusted to them is wasted, deteriorates or is mainly used to for purposes other than those provided for by the instruments of incorporation or establishment;
  

d) applications and administrative organs of direction for changing the organisation of statornicită, if it is found to be indispensable for the conservation of the property and the attainment of the Foundation;
  

e) applications for modification purpose became only partly feasible conditions and tasks of foundations.
  

In these cases, the judgement will be made with the attendance of the founder or heresies in direct line, and the decision will look and the changes introduced;


f) claims made by the public Ministry, the competent Ministry, or by bodies of direction and Management Board to designate another association or the foundation that is planning to pass the legal entity whose patrimony being ceased when the Foundation cannot be organised so that to satisfy the purpose, or if her heritage is insufficient. (Law, article 22, 74-76, 78 and 79).
  


Article 85 in all the above cases the judgment will be made in the Council Chamber, or a completely separate from the meeting, but the direction and administrative organs, the public Ministry or the Ministry concerned.
The Court will depend on the availability of any obedience and people will think necessary and will wear out the means test and the information provided for in the civil procedure.
Decision of the Court will be motivated and without opposition; It will rule in the public meeting in the presence of the public prosecutor. (Regulations, art. 95).


Article 86 Calls made against judgements of the courts in the cases provided for by art. 15 of this regulation and article. 90 of the law will be judged by an emergency Court, especially before any business and without opposition. (Regulations, art. 90).


Article 87 Requests for legal personality dobindirea unions or federations of juridical persons, are also within the competence of the Court of appeal. (Regulations, art. 102).


Article 88 For unions or federations to which Court granted legal personality, the registry of the Court a duty to keep e special register of legal persons, in which they will score all these unions or federations.
This register shall contain the same particulars as records provided for legal persons to the tribunal. (Regulations, art. 8).


Article 89 The Courts with multiple sections or complete settlement of all business applications and will be within the competence of the section I or the Panel chaired by the President of the Court. (Law, article 3 and seq. 88).


Chapter 7 the Commission top of juridical persons article 90 under the Ministry of Justice, operates a Commission top of legal persons, composed of: 1. I.P.S.S. Metropolitan and Primate, as President;
2. The Ministry of Justice, who presides in the event of the absence or prevention of I.P.S.S. Metropolitan Primate;
3. The Minister of the Department or departments responsible ministers to whom falls the purpose of the Association or foundation concerned the issue of inferred before the Commission;
4. the First President of the High Court of Cassation and justice, or in case of tripping of the oldest President of the section of the High Court;
5. the President of the High Court of Auditors and, in the case of a foreclosure, an advisor to President delegate;
6. The Director-general or the administrator of the State institution that serves similar interest served by the Association or Foundation brought before the Commission;
7. the President of the Romanian Academy, and in the case of foreclosure a member delegated by the President;
8. A civil hospitals of traf Kiselyov;
9. Two efori curates or stewards of one of the most important people in the country by the Ministry of Justice and appointed by Royal Decree;
10. A university rector is appointed by the Minister;
11. Two of the most famous lawyers in the country;
12. the Director-general of the judicial service of the Ministry of Justice which will satisfy and as Secretary of the Commission.
The Attorney general of the Court of Cassation is part of the Commission only with consultative vote. In the event of foreclosure, he would be replaced in arbitrators appointed Magistrate appointed by the Court Organization law.
The term of Office of the members appointed by the Minister of Justice is given over a period of five years. (Law, article 99 and 100).


Article 91 the Commission shall be convened by the Minister of Justice whenever need be.
Its meetings are held on the premises of the Ministry of Justice.
The convocation is done through invitations.
The Commission cannot work than at least 7 members.
Its decisions shall be taken only by a majority of 5 votes.
They are given in writing and reasoned. (Regulations, art. 101).


Article 92 the general prosecutor of the High Court of Cassation is part of the Commission as a representative of the public Ministry.
In this quality he put before the Commission's conclusions that the next part in all matters of interest to a legal person. (Regulations, art. 98).


Article 93 of the Commission's powers of legal persons are the following: 1. the Judge calls the steering bodies and directors of legal persons may be made in the event of a complaint against a decision of a delegate of the Ministry concerned to suspend the enforcement of a decision taken by those organs.
The deadline for appeals is three days off and flows from communicating the minutes of suspension.
The Commission's final decision is higher.
It will be communicated to the bodies of a legal person, which will be obligated to execute within 15 days of receipt.
2. the rule on the dispute between Ministry and delegate of direction and administrative bodies of legal persons, in the case when the Ministry delegate took the measure of suspension of a decision by the steering bodies and they refuse to call into question the issues covered by decision suspended to get the solution in accordance with the laws of the Foundation, regulations, conventions, the Constitution and laws of the country or if the suspension is maintained, and is to be enforced.
In this case, the superior may give a decision obliging the legal person.
3. To give opinion after a request by the Council of Ministers or the Ministry of Justice, where a person carrying on an activity against morality, public order or the safety of the State and whether the operation should be prohibited until its entry into legality or if it must decide the dissolution of them.
All at the request of the Commission, the Council of Ministers or the Ministry of Justice, will appreciate it and will give its opinion on the urgency of these measures.
4. In the event of termination of legal personality or of the withdrawal of authorization, and in the event that neither the Statute nor the General Assembly did not give indications on the remaining heritage destination or when those directions or decisions would be contrary to the provisions of the law, it's called the Commission giving its opinion on how the use of that heritage. hotarind carei, legal persons governed by private or public purpose should be assigned to analog.
The same tasks incumbent on the Commission and in case when the Foundation cannot be organised so that to satisfy the purpose, or if her heritage is insufficient.
5. To give its opinion or after the request of the Court of appeal when it is called upon to rule but after steering organs and administration of foundations if the preservation of property and the attainment is necessary to modify the organization built by the founder.
6. To give its opinion on a proposal from the Court of appeal, on application for amendment of the purpose of a Foundation only became feasible when the party finds that it no longer has the character of primitive and it no longer matches social needs and intentions manifest what founder normally if i would sit in as possible.
7. To give the opinion at the request of the Court of appeal may be permissible if the application for legal personality dobindirea unions or federations formed by two or more legal persons.
8. To give its opinion on the requests addressed to the courts of appeal for the modification or withdrawal of the Act concerning the conditions and tasks which could jeopardize the attainment of the Foundation.
9. To give its opinion on any other matters that will be submitted to the Ministry of Justice. (Regulations, art. 99).


Article 94 the Commission call on attire is authorized representative of the legal person interested to listen.
The invitation shall be in writing. Non-legal person shall not give entitlement to a second call. (Regulations, art. 101).


Permanent Delegation of article 95 the Commission may choose from beautiful or, pursuant to article 5. 101 of the Act, it is within the competence of collecting all the information and items that would be required by the Commission for the preparation of its decisions, to do any research and investigation and enforcement priveghea these decisions.
The delegation members also may be instructed to study beforehand the questions brought before the Commission and possibly cuvenitul report.
The Commission top of legal persons the following registers you: 1. A registry entry which pass all questions received from the Ministry of Justice to be investigated by the Commission.
2. A registry in which shall be recorded in numerical order all decisions handed down by the Commission.
3. A general ledger after the paintings received from the departments concerned, Commission Secretary will enroll separately associations and foundations, falling under the provisions of law for legal persons.
This register will include special sections: 1. Title or designation of legal persons.
2. Object and purpose.
3. Headquarters and branches.
4. Date of establishment.
5. The Act on the basis of which it has obtained legal personality.
6. name, nationality and profession of the persons who compose the organs of direction and administration.
7. furniture and Fortune Realty you posses, and 8. Subsequent changes. (Regulations, art. 101).


Chapter 8 transitional and final provisions Article 96 regarding the professional associations or trade unions, apply special provisions in laws who are not contrary to the public order provisions of the law of the face. (Regulations, art. 106).


Article 97 from the time of promulgation of the law for legal entities cease all competence that authorities were granting legal personality until now, this right being exclusively reserved to civil courts. (Regulations, art. 106).


Article 98


Legal entities governed by private law, existing on the date of promulgation of the law, are obliged that within six months from that date to notify the registry of the Court of first instance in whose constituency their main administration works, the following acts: a) titles which have got a legal personality;
  

b) certified copy of the establishment of the Association, Foundation or Union;
  

c) copy of statutes or regulations after that are receiving these legal persons;
  

d) copy of the balance sheet and placing of last year;
  

It's a memorial to the world's information) specified in art. the following season.
  

Copies of the documents referred to in paragraph 1. b and c and pleading shall be signed by the direction or administration. (Regulations, art. 2).


Article 99 Pleading filed will contain the following information: 1. the name and purpose of the legal person.
2. Date of the creation of the Association or Foundation.
3. the date on which the authority has legal personality with the specification title respectively.
4. The main office, and the offices of the various branches that were founded at the end of socially expired.
5. Date when ending the annual statutory accounts.
6. Number of persons alcatuiau Association at the end of socially expired.
7. legal person, Wealth is contents and sorts the goods from which it's made up.
8. The total revenue and expenditure for the year.
9. the names of the persons who compose the Board of Directors and Audit Board with an indication of the place of residence of their profession and nationality.
10. A short history of the activity of the legal person from founding until the end of the year. (Regulations, art. 2).


Article 100 private law legal persons who before the publication of this regulation will have already done the registry of the Tribunal requested communication art. 2 of the Act and in accordance with the Ministry of Justice publication date in connection with the promulgation of the law are exempt from making a new communication, other than those for which the Tribunal found that the documents and particulars disclosed were not complete, in which case they shall be bound by the provisions of the regulation shall be consistent from the face. (Regulations, art. 2).


Article 101 professional unions existing Administrations at the promulgation of the law, are exempt from the formalities referred to in the preceding articles, as their inclusion in the register of legal entities of the courts to be made on the basis of the respective courts detour communications. (Regulations, art. 2).


Article 102 in the same six-month period provided for in art. 98, direction or administration of existing legal persons are obliged to submit to the Ministry under whose authority and control of the works and after the latter's instructions, the following acts: 1. Certified copy of the articles of incorporation of the direction on the statute or regulation.
2. An inventory of furniture and fortune Realty you posses.
3. Balance sheet and revenue and expenditure accounts (income and expenditure) of social. (Regulations, art. 2).