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The Law Of 14 February 1929) For The Chambers Of Commerce And Industry

Original Language Title:  LEGE din 14 februarie 1929*) pentru camerele de comerţ şi de industrie

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LEGE of 14 February 1929 *) for chambers of commerce and industry
ISSUER PARLIAMENT
Published in OFFICIAL BULLETIN no. 36 36 of 14 February 1929



------------ Note *) This Law was voted by the assembly of deputies and the Senate in meetings of 9 and 13 Fevruarie 1929; promulgated with Decree No. 403/929 and published in the "Official Gazette" No. 35 of 14 Fevruarie 1929. It repeals the old Law of May 12, 1925 p. 206 206 vol. XI-XII. See also the new Implementing Regulation of 26 April 1929 to the chronological order in this volume. + Title I Purpose. Establishment. Constituencies + Article 1 The chambers of commerce and industry are public institutions created in order to defend and support the interests of trade and industry, as well as their representation in the State. They are at the same time the consultative and administrative bodies called to contribute to economic progress, in harmony with the general interests of the country. Chambers of commerce and industry are invested with legal personality and, as such, can receive donations, related, subsidies, etc. + Article 2 Chambers of commerce and industry shall be established and amended by royal decree, given on the basis of a journal of the Council of Ministers, after the proposal of the Minister of Industry and Commerce and following the opinion of the Union of Chambers of Commerce and Industry. With this form, their territorial constituencies are determined and modified. The Danube ports, county capitals, will have a Chamber of Commerce for the county to which it belongs. + Title II Tasks + Article 3 Chambers of commerce and industry have the following attributions: 1. To give the government and any public authority, either on their own initiative or when they are asked, information and reasoned opinions on all issues concerning the interests of trade and industry; 2. To help, on request, the State in fulfilling its economic role. 3. To study the issues that enter their activity. 4. To collaborate with the institute of general statistics of the State *) to the compilation of statistics on industrial and commercial movement according to scientific and technical norms given by the governing bodies of the institute. 5. To gather and to put at the fingertips of the traders and industrialists the information material they may need in the exercise of their profession. 6. To keep in the permanent record the situation of individual and social companies in their constituencies, with all indications in the law and regulation of companies * *). 7. To receive, keep and keep at the disposal of the public the models of the factory and trade marks in their constituencies * **). 8. To collect and establish by way of regulations, approved by the Ministry of Industry and Trade the commercial usages in their constituencies. 9. To issue cards of identification to the traveling commissioners; to issue certificates of origin of goods, of commercial usages, of registered companies, of annotations and changes of companies, of factory and trade marks submitted, by prices goods after mercurial, stock exchange rates, decisions and all other acts of their own. 10. Make mercurial composition of commodity prices. 11. To collaborate with the Labour Chambers and the Agricultural Chambers for all matters of common interest. 12. To draw up every year and send, both to the Ministry of Industry and Commerce, as well as to the Union of Chambers of Commerce and Industry, a thorough report on the course of trade and industry in their constituencies and to publish Figure out their activity. 13. Chambers of commerce and industry, with the approval of the Ministry of Industry and Commerce, which will also take the opinion of the Union of Chambers of Commerce and Industry, may: a) Take the initiative and participate in the establishment of companies or consortia, having as purpose the execution and exploitation of various works or public services of commercial and industrial interest, as: maritime and river ports, free zones in ports, internal navigation channels or other land, sea, river and air communication routes and services, etc.; b) To establish and administer alone or in association according to the marketing law, services and establishments for the needs of trade and industry, as: trade exchanges, fairs or shutters, ramps, markets and halls for undoing cereals, cattle and other goods, actual and nominal applications; general stores: (docks); elevators; conditioning and commodity analysis services; permanent exhibitions and commercial and industrial museums; periodical sample fairs, etc.; c) To establish themselves, or in collaboration with the respective ministries and in accordance with the general laws of education, professional culture institutions such as: commercial schools, industrial and trade schools, courses for spreading commercial and industrial knowledge; to create scholarships and commercial and industrial practice and encouraging prizes; to set up hostels for apprentices in trade and industry; d) To contribute to public, commercial and industrial utility expenditures; e) To buy or construct buildings for their own installation or that of the establishments necessary for trade and industry, as provided for in paragraphs a, b and c; f) To create each or more together (by region) settlements for the mutual insurance and relief of traders and industrialists. 14. To perform the duties given to them or will be given to them by special laws and regulations or which would arise from the needs of the trade and industry in the constituency. 15. To publish a formal House bulletin. --------------- Note *) See the Law on the Institute of General Statistics, of 8 Decemvrie 1925, la pag. 1160 1160 vol. XIII-XIV. Note **) See the Law on firms of 6 June 1913, at pag. 128 128 vol. VIII. Note ***) See the Law on factory and trade marks, from 15 April 1879 to pag. 1204 1204 vol. XI-XII. + Article 4 Chambers of commerce and industry, in the performance of their duties, are entitled to demand the contest of all public authorities, such as any information sciences and discs from them, as well as from any particular institutions or firms. Traders, industrialists, companies have the duty to give the information and deslusions that would be required of them by the Chambers of Commerce and Industry, as these informations do not touch the secret and do not harm the professional interest. The refusal to procure the sciences or the intentional communication of non-accurate sciences; it constitutes a contravention, which will be, ascertained by a verbal process prepared by a delegate of the Chamber of Commerce assisted by a police officer. The offenders will be punished with a fine of 250-5,000 lei, which will be pronounced by the court, emergency and in particular, without right of opposition, but with the right of appeal, within 10 days from the giving of the sentence and with the right of appeal within 15 days from the decision. The courts are obliged at the end of each month to send to the respective Chambers of Commerce and industry the exact and compliant copy of the entries and annotations made in the register of companies during the expired month. The courts will not resolve any company enrolment petition without obtaining in advance from the Chamber of Commerce and Industry that information if the petitioner asking for registration meets the conditions laid down in the laws in force with on the exercise of trade. The Chamber will give its reasoned opinion following research what it will do. This opinion will be delivered no later than 15 days from the request. For firms of foreign subjects or foreign-owned companies, the courts will not make enrolment without the authorization given by the Ministry of Industry and Commerce, which will also take the opinion of the Chamber of Commerce and Industry. Traders or manufacturers who wish to claim the exclusive property of a brand, shall submit to the respective Chambers, trade and industry a copy of the model of this trade mark. The courts will not register the factory and trade marks without the prior notice of the respective Chamber of Commerce and Industry. + Title III Composing Chambers + Article 5 They are part of the Chambers of Commerce and Industry obligingly as members and are registered ex officio in the electoral lists of the respective Chamber the following Romanian citizens, major, who have the real domicile in the constituency of the Chamber, namely: a) Traders and industrialists subject to payment of the additional tax, besides the commercial and industrial income tax, who have registered the company registered for at least one year; b) Signature associations of companies in, collective name, the signature order of companies in the order and the companies on shares. The companies on shares will have as each 10,000,000 lei fully paid capital, at a vote up to a maximum of 4 votes. Companies with a fully paid capital of less than 10,000,000 lei will be entitled to a vote. The voting rights shall be exercised by the delegates or directors of the company c) The signature director of branches in other localities than in those in which he has the main office of individual enterprises or companies and industrial companies. Membership in the Chambers of Commerce and Industry of the persons referred to in par. b and c above is lost with the termination of the situation that the members in question have in their respective companies. Women who belong to one of the above categories are also part of the Chambers of Commerce and Industry. They are incapable or unworthy of being members of Chambers of commerce and industry: minors, prohibited and those put under the judicial council; false unabilities those who suffered any condemnation for an infamate fact. + Article 6 Members of the Chambers of Commerce and Industry will be grouped into two sections: the trade section and the industrial section. They will then be assigned to the following categories of trade and industry: a) Commercial section: 1. Wholesale trade, commission, banks, credit institutions, transport and insurance. 2. Retail trade; b) Industrial section: 1. Plant, construction sites, factories, mining operations, etc. 2. Small industry and crafts. The registration and distribution of voters by category will be made by the Chambers in the first quarter of each year. + Title IV Chambers of Chambers + Article 7 Chambers of commerce and industry have as their organs: 1. Board of the House. 2. Steering Committee. 3. The ensors. + Chapter 1 Board of Directors + § § 1. General provisions + Article 8 The Board of Directors of Chambers of Commerce and Industry consists of elected members, members of law, delegate members and corresponding members. 1. The number of elected members shall not be less than 20 nor more than 80. It is determined for each category for 4 years after which the term may change. The determination and modification is made by royal decree, given on the basis of a journal of the Council of Ministers, after the proposal of the Minister of Industry and Commerce, in relation to the stretching of the territorial constituency, the number of members of the concentration and specialization of trade and industries in that constituency. 2. They are members of law on the board of the Chamber of Commerce and Industry: a) Deputies and senators if they have been members of the Chamber of Commerce for at least 2 years; b) Fosts, Presidents of Chambers of Commerce and Industry who have operated in this capacity for at least 5 years; c) Chairpersons of the trade exchanges committees of the respective constituencies; d) How many a delegated teacher, by the Academies of high commercial and industrial studies, by the polytechnic schools; by the faculties of law, to the latter elected among the professors of political economy, and by the higher trade scoels of the the constituencies of the respective Chambers, where there is no Academy of Commerce, polytechnic schools or faculties of law; e) A delegated director of the National Bank of Romania or her branches in the respective Chambers ' constituency. For the Chamber of Commerce and Industry in Bucharest, the Board of Directors of the Bank will delegate one of the directors; f) A delegate of the federales, production and consumption cooperatives of the respective constituency. At the composition of the council, members of law will be assigned to the sections to which they belong 3. The Agricultural Chambers and the Labour Chambers of the respective constituency delegate from their bosom one member to the Chamber of Commerce and Industry council. Their quality ends with the mandate of the board that elected them. 4. Corresponding members shall be elected by the Council of the Chamber, of persons who are well known by their capacity in commercial or industrial matters, even if they do not exercise any trade or industry. Corresponding members may take part in the work of the council; having an advisory vote. Their number will be able to pass a third of the number of elected members. Members of law will have an advisory vote. + Article 9 In the composition of the boards of Chambers of Commerce and Industry must be represented in a straight measure all categories of trade and industry of which are spoken in art. 6. For this purpose to conduct the general elections, it will be distributed among these categories, in proportion to the relative significance of each, the total number of members to be elected to the council. This distribution will be proposed by the Chambers of the Ministry of Industry and Commerce, which will proceed to establish it by royal decree, given on the basis of a journal of the Council of Ministers. At the Chambers again set up the distribution in question will be proposed at the beginning by the Union of Chambers of Commerce and Industry. The House Council, after its constitution, will choose from its bosom, with secret ballot and with the absolute majority of members who compose it, a president. In the same way each section will choose, separately, one vice-president, who will have the status of vice president of the House and president of that section. At the Chamber of Commerce and Industry in Bucharest will be chosen 2 vice-presidents, from which the one who will meet the most votes will have the status of president of the section. If in the first elections no candidate meets the above majority, in the second elections, which will be expressed immediately, the one who met the most votes will be elected. The president and vice president can only choose from among the elected members of the Chamber of Commerce. The Council has the most extensive powers, both for the fulfilment of the powers given to the Chambers by this law and for the administration of the interests of the institution, and can take any measures in this regard. All delegations and delegate proposals to be given to the members of the Chambers of Commerce and Industry, on various boards, under various laws, will be given by the House's board of directors. He meets in his complacency, whenever necessary he would ask and, in all cases, once a month. The convocation will be made by the president, either from his own initiative or after the request in writing of a fifth of the total number of the members of the council, or by the request of the Ministry of Industry and Commerce. The Council can only deliberate with the absolute majority of members who compose it. If the number of members requested does not meet, the assembly will take place at a later date, which can be fixed even in the first convocation. In this case the meeting will be able to be held with the same agenda, even with a fourth of the number of the council members. Decisions shall be taken by an absolute majority of the votes cast. In case of parity of votes, the president's vote is mainly. The deliberations of the board of directors are found by minutes that will be passed in a special register and will be signed by the President and Secretary of the Chamber. Council meetings are public. However, they can be declared secret, by a majority vote, after the request of a third of the members present. + Article 10 The categories of trade and industry, which fall into the composition of the House council, will be, grouped into two sections: the commercial section and the industrial section. Members of each section can be held separately, to deliberate on various issues of interest, after cases, trade or industry. The sections convene and work under the same conditions as the council assemblies. The decisions taken by the council's sections on sections will be subject to council approval. If the Council of the Chamber, in its plenary, does not come to take a unified decision with a majority of 2/3 of the present members of the council, the Chamber will communicate the separate opinions of each section to the Ministry of Industry and Commerce. + § § Two. Choosing the Board of Chambers + Article 11 The members of the Board of Chambers will be chosen by the lists, separately for each category, from the commercial section and from the industrial section. The lists will include, for each category, the number of candidates fixed according to art. 6 6 and 9. The choice for the mandates due to a category will be made exclusively by the voters or industrialists who belong to this category. No one can be elected except in the category of trade and industry to which it belongs. Any member of the House is eligible if entered in the respective House election lists. The election of the members of the council is based on electoral lists, drawn up by categories of trade and industry, which are referred to in art. 6, lists made available to the public, in the offices of the Chamber, at least 2 months before their election, which will be announced in the Official Gazette and in at least 2 local newspapers, and in absentia will be published in 2 newspapers in the capital. The lists will also be published at pretorate prefectures, urban mayoralties and judges, finding themselves through display minutes, concluded by the Chamber of Commerce office and police authorities. No voter can be enrolled only in one category. If the composition of the electoral lists had made any error of enrolment or omission, those in law or 5 members of the Chamber will be able to appeal within 15 days of making the lists available to the public, at the respective Chamber, which will decide within the other 15 days. The display of the lists is done immediately after the expiry of this last By showing the lists become definitive. In the contrary to the decision of the Chamber the dissatisfied and the omitted may appeal to the county court where the voter is domiciled. The term of appeal shall be 10 days from the date of listing. The appeal will be adjudicated in particular, without the right of opposition and with exemption from any stamp duties and procedure. + Article 12 Voting will be done in the locality where the Chamber of Commerce and Industry is based. The election will be presided over by the local court president or a magistrate delegate by him, aided by two elections and a secretary, appointed on election day by the president, among the youngest voters in attendance. The vote is secret. The procedure of election will be determined by the law enforcement regulation *). The list that will meet the most votes will be declared elected. On each list will be entered a number of alternate members equal to the number of members of choice for each category and will be called to replace the holders of this category, to the holidays that would arise through death, resignation or any other circumstances, if at that time anymore, possess the right of eligibility. ------------- Note *) See the Regulation for the application of the Law of Chambers of Commerce and Industry, of 26 April 1929, to the chronological order in this volume. + Article 13 The President shall conclude the minutes, in duplicate, of the conduct of the electoral operations, ascertaining the number of votes met by each list. One of the copies, together with the file of election, shall be submitted to the Union of Chambers, which, verifying the regularity of the operations, must rule until 10 days from the receipt of the minutes. If the Union does not rule within this period, the choice will be considered confirmed. The decision of the Union is enforceable, with the right of appeal to the Court of Appeal, within 10 days of communication and will be adjudicated in particular, without the right of opposition. The call is exempt from any stamp duty and procedure. The Communication will make it the Union of Chambers of Commerce and Industry by registered letter or telegraphic. If the choice is invalidated, a new election will be made at the latest after 30 days from the ruling. + Article 14 The members of the Board of the Chamber shall be elected for a term of 4 years, counted from the day of their operation Members whose term of office has expired may be re-elected. Until the new board of directors is installed, the steering committee of the former House will validly pledge the work of the Chamber of Commerce and its delegates will continue their assignments. + Article 15 Board members who will not have written and approved leave in writing and if they do not attend meetings for 3 consecutive months, will be considered resigned and the board will declare their seats vacant. If the council does not apply this provision, the Ministry will declare the seats vacant. The fulfillment of the places that have become vacant through incompatibility, incapacity, undignity, death, resignation or unmotivated deprivation of which is mentioned above, will be done with the alternates in accordance with art. 12 12 of this law. If, however, the number of members has reduced by one third, it will be done for the fulfillment of holidays in the different categories of members, at additional elections. The additional elections will be made with the electoral lists that have served to elect members whose seats have become vacant. This will also be done in case of disolation. In the last 6 months preceding the expiration day of the mandate of the members of the council no further elections are made + § § 3. Disolation of Chambers councils + Article 16 Chambers of Chambers of Commerce and Industry may be disolvated in the following cases: a) When working against the higher interests of the State; b) When the council is opened at half plus one of the members of the elected members; c) For irregular or fraudulent financial management, which will be found on the basis of a report prepared by a delegate of the Ministry of Industry and Trade, a financial inspector and an expert-accountant appointed by the Union of Trade and Industry. The disolation is by royal decree, on the basis of a journal of the Council of Ministers, after the reasoned proposal of the Minister of Industry and Commerce, made on the basis of the opinion of the Union of Chambers of Commerce and Industry + Article 17 Within three months at most from the dissolution, new elections will be made. During this period the functions of the members of the Chamber Council meet an interim commission appointed by royal decree, after the proposal of the Minister of Industry and Commerce, between traders and industrialists registered in the lists for election to the members of that Chamber The interim commission will consist of 5 to 10 members, who will choose between their Danes a president and a vice president. + Chapter 2 Steering Committee + Article 18 The management of the current affairs of Chambers of commerce and industry and the execution of all decisions of the council are entrusted to a steering committee. The steering committee consists of the president and vice-presidents, a delegate of the Ministry of Industry and Commerce, appointed from among the elected members of the chamber of commerce and the secretary of the House; the latter without a vote. The powers of the steering committee will be determined by a special regulation drawn up by the House + Article 19 The Secretary of the House is hereby appointed by royal decree, based on the report of the Minister of Industry and Commerce, from a list of at least two candidates, recommended by the board. If needed, a second secretary will also be able to be appointed. At the chamber of commerce and industry in Bucharest will operate a general secretary and two secretaries, one for each section. In order to be appointed, the Secretary must meet the following conditions: a) To be a Romanian citizen, fully enjoying all civil and political rights; b) Be major; c) To have satisfied the duties of the army recruitment law; d) To possess an economic university title or an academic title of economic, commercial or industrial higher education, or, in the absence of candidates with the above titles, the diploma of a higher school of commerce. For the latter category, an age of at least 10 years in trade or industry shall also be required; e) Have a practice of at least 5 years in trade, industry or an economic administration. The secretaries in operation at the time of implementation of this law are dispensed with the fulfilment of the above conditions. The current sub-secretaries of the Chambers of Commerce and Industry, in this operation for 5 years, can be submitted as secretaries if they possess the graduation diploma of a Grade II commercial school and have specialized works. The Secretary shall attend all meetings of the Board of the Chamber and members ' assemblies, shall take the floor and make proposals, having only a consultative vote. trade and industry, in order to benefit from this provision, will be confirmed by the Ministry of Industry and Trade. + Article 20 The other House officials shall be appointed and revoked by the steering committee, in accordance with the interior rules of the House staff. Chambers of commerce and industry are obliged to set up, individually or grouped, houses of guesthouses and helpers for their officials. The rules for the organization and operation of these Houses are established by the Union of Chambers of Commerce and will then be approved by the Ministry of Industry and Commerce. + Chapter 3 Censors + Article 21 The censors are 2 for each Chamber of Commerce and Industry. They will be appointed: one by the Ministry of Finance, and the second by the Ministry of Industry and Commerce, which must be an expert-accountant. They are obliged to examine, at least every three months, the accounting records and to certify that they are regularly kept; to supervise the execution of the budget in the conditions of the law; to verify the accounts on the operations of the exercise closed and to the council and the authority which appointed him a report on the management; to take part in all the meetings of the council and to ask to insert in the agenda of these meetings the proposals that will see fit regarding the management and financial control. + Title V Finance + Chapter 1 Revenue Room Funds loans + Article 22 In order to cover the expenses necessary for their operation, the Chambers of Commerce and Industry are entitled: 1. To charge an additional tax on the taxes on commercial and industrial income of which is spoken in art. 30 and 42 of the law for unification: direct contributions and for the establishment of the global income tax from 1923. The maximum share of this additional tax is that provided for in the above law *). Within the maximum figure the additional tax rate is established by the Chamber council and is subject to the approval of the Ministry of Industry and Commerce with the budget of the Chamber It will be communicated to the financial administrations of the respective constituency at the latest by the end of January of the year of taxation. The quota may not change until the beginning of the year. 2. To charge certain fees for the certificates and documents issued by them or for other real services brought. These duties shall be determined by the Council of the Chamber and shall be subject to the opinion of the Union and to the approval ------------- Note *) See the Law for the unification of direct contributions and for the establishment of the tax on global income, from 23 Fevruarie 1923, with modif. later, at the pag. 425 425 vol. XIII-XIV. + Article 23 Chambers of commerce and industry that at the time of application of this law possess their own wealth, either securities or real estate will keep them further. The revenues that produce them will be entered in the budget. + Article 24 To be able to cope with the necessary expenses of the works, services, establishments and buildings of which are spoken at art. 3 of this Law, Chambers of Commerce and Industry may individually, or grouped, take out loans, but only with the authorization of the Council of Ministers, given after the proposal of the Minister of Industry and Commerce and with the opinion of the Ministry of Finance. + Chapter 2 Finance administration + Article 25 The financial year of the Chambers of Commerce and Industry begins on 1 January and ends at 31 Decemvrie of the same year. The Board of the Chamber prepares each year the revenue and expenditure budget and at the latest, one month before the start of the new exercise, submits it to the approval of the Ministry of Industry and Commerce. The budget is discussed and voted on in public session. At the end of each exercise, the Board of the Chamber shall draw up the accounts for the expired year and shall be subject to verification and unloading of the Ministry of Industry and Trade together with the report of the censories and a The budget, accounts and inventory will be made up according to the models-type prepared by the Union of Chambers of Commerce and Industry and approved by the Ministry of Industry and Trade. The provisions of the public accounting law regarding the responsibilities of administrators and managers apply to Chambers of Commerce and Industry and their Union *). -------------- Note *) See the Law on the Public Accountant, dated July 31, 1929, to the chronological order in this volume. + Article 26 The house service of the Chamber must be entrusted, with the approval of the board of directors, to the National Bank, to the major banks of the Capital, or to their branches, or to a local credit institution, with a recognized solidity, having a a little 10 years and a capital of at least 20,000,000 lei fully paid up and which will take its bond: a) To receive all the amounts that will be deposited by the Chamber, directly or by its order and to make within the limits of the availabilities the payment of the mandated amounts; b) To send to the Chamber, every month, the statement of accounts and funds; c) To confirm in writing to the Chamber all the operations of receipts and payments made for it, immediately after the performance, keeping them at their disposal and supporting documents. + Article 27 The income of the Chambers coming from the additional tax will be charged by the tax collectors with the other contributions. At the ages fixed by regulations and instructions, tax collectors are obliged to pay to the financial administrations the amounts fulfilled from the funds of the Chambers, with the specification of their provenances. The financial administrations in the respective constituencies of the Chambers of Commerce and Industry will pay these amounts monthly to the financial administration of residence of the Chamber, which will keep them at its disposal. + Article 28 No expense will be able to be arranged and mandated except in the margins of the appropriations admitted by the budget. The funds allocated through the budget of an exercise cannot be used for the expenses of another exercise; also those relating to a chapter or article cannot be used for the expenses of another chapter or article. When the amount allocated to a budget item is not enough to cover the expenses at which it is affected, an additional credit will be able to open to that article. Also unforeseen expenses will be able to make it through the opening of extraordinary credits. Additional (additional and extraordinary) credits will be raised in the figure that will be provided for this purpose in a special budget article. The opening of such credits is agreed by the House council. The decision of the council, however, has no enforceable power except following the approval of the Ministry Loan cancellations, for the purpose of creating resources to increase the opening fund of additional and extraordinary credits, will only be able to be done by the House council. Additional and extraordinary loan openings, based on these cancellations, are made with the approval of the Ministry. Members of the Chambers of Chambers of Commerce and Industry cannot take veneers at this institution except by way of public tendering. This provision also applies to companies that have members of the Chambers of Commerce and Industry on their board of directors or directors. + Article 29 The remaining unpaid payment amounts, as well as the credits available at the end of the year, will be cancelled. The good payment claims, remaining from the past, will be paid when they are claimed from a special allowance, or a credit that will open for this purpose. The unearned remains from the closed exercises will also pass as provisions in future budgets. + Title VI Federation of Chambers + Article 30 In order to fulfil their purpose, the Chambers of Commerce and Industry shall be free to meet in congresses, to associate themselves in regional federations and to collaborate with the other professional Chambers of Agriculture and Labour. The federations will be organized by special statutes, developed by the Chambers of Commerce and Industry interested and approved by royal decree, given on the basis of a journal of the Council of Ministers, after the proposal of the Minister of Industry and Commerce. + Title VII Union of Chambers of Commerce and Industry + Article 31 The Union of Chambers of Commerce and Industry, a public institution, of a national economic nature, shall be established. She is invested with legal personality. The permanent seat of the Union is in the capital of the country ------------- Note *) See the Statute of the Union of Chambers of Commerce and Industry, of 9 Fevruarie 1926, la pag. 35 35 vol. XV-XVI. + Article 32 The Union has the call to exercise by the collective action of Chambers of Commerce and Industry an inriment on the guidance of national trade and industry policy, in line with the country's general economic interests, in particular: a) Guide, stimulate and coordinate the work of Chambers of Commerce and Industry; b) Coordinate the studies of these institutions; c) Formulate and give reasoned opinions on the most important industrial and commercial problems, of general order; d) Follow the attainment of the results that Chambers of Commerce and Industry could obtain harder by their separate action, in commercial and industrial matters of general order or in other matters concerning their own interests of these institutions; e) Meets the attributions given to them by special laws and regulations In all commercial and industrial matters the government can take the opinion of the Union of Chambers. + Article 33 The Union bodies are: the general assembly, the board of directors and the steering committee. + Article 34 The general assembly consists of the presidents and vice presidents of all Chambers of commerce and industry in the country. The general assembly obligingly gathers in spring and autumn, and extraordinarily whenever the steering committee finds its way. The meetings of the general assembly are held in the capital The steering committee of the Union may, however, decide that they should also be held in other cities by chambers of commerce and industry. The travel backs will be borne by the respective Chambers of Commerce and Industry. + Article 35 The Council shall be composed of the members elected by the general assembly of the Union and members of law. The elected members are 11. Seven of them will be appointed by the general assembly of the Union, between the presidents and vice presidents of the following Chambers of Commerce and Industry: Arad, Braila, Brasov, Chernivtsi, Bucharest, Chisinau, Cluj, Constanta, Craiova, Galati, Iasi, Oradea, Ploiesti and Timisoara. The choice of the other 4 will be considered to represent the other regions of a distinct economic nature in the country and to equalize the number of members of the commercial and industrial section. The term of office is 4 years. I shall be a part of the Union council a) A member of the Chambers of work and a member of the Agricultural Chambers, appointed by these institutions; b) Government of the National Bank of Romania or its delegate; c) A delegate of the teaching staff of the Academy of High Commercial and Industrial Studies in Bucharest; d) Secretary General of the Ministry of Industry and Trade; e) A delegate of the board of directors of the Central House of production and consumption cooperatives; f) A delegate of banks in the country, having a share capital of at least 20,000,000 lei, designated by those banks convened for this purpose by the Ministry of Industry and Trade; g) A delegate of the professorial body of the polytechnic school in Bucharest; h) Former Presidents of the Union of Chambers of Commerce and Industry. Members of law, except those under letter d, will have an advisory vote. The board meets once a month and gives general directives for the leadership of the Union. He brings to fruition the decisions taken by the general assembly. + Article 36 The leadership of the Union shall be entrusted to a steering committee composed of a Chairperson and 3 Vice-Presidents, elected from the Board, from the elected members and from the Secretary-General of the Ministry of Industry and Trade to the Council. The General Director of the Union is part of the steering committee, with advisory vote. Two of the members of the steering committee will be permanently domiciled in Bucharest. In the direction of Union services the president will be helped by a general manager, appointed by the council The Director-General, in order to be appointed, must meet the same conditions required by the Secretaries of Chambers of Commerce and Industry. + Article 37 In order to prevent the expenditure of the establishment, organisation and operation of the Union in accordance with the aim pursued, all Chambers of Commerce and Industry shall contribute a share proportional to the funds and revenues of each. The general meeting of the Union will determine each year the share of the total revenue of the Chambers of Commerce and Industry, intended for Union expenditure, which may vary between 5-10% of the income of the former. The quota will be fixed each year in the month of Octomvrie, by the general assembly and will be subject to the approval of the Ministry of Industry and Trade. The Union budget prepared by the steering committee and voted by the council will be submitted for approval to the Ministry of Industry and Trade, which will exercise control of its financial management through a censor. + Article 38 The amounts due to the Union of Chambers of Commerce and Industry from the exercises closed until January 1, 1929, shall be paid in quarterly installments, established by the Ministry of Industry and Commerce by ministerial decision, every year, until payment, by the payment possibilities of the Chambers. The amounts that will be due to the Union for the annual quota will be paid as quarterly, and in case of non-payment one month after the end of the quarter, the collection will be exercised through the financial administration. + Article 39 The Union is obliged by its revenues to form a general fund, which will serve for the country's participation in the various economic events of general interest. This fund, consisting of a 10% share on all Union revenues, will be submitted to the National Bank of Romania and will be used with the approval of the Ministry of Industry and Trade. The use of this fund will be agreed with the Union of Chambers of Commerce and Industry. + Article 40 All other conditions relating to the organisation and functioning of the Union shall be established by a Union statute and approved by royal decree, given on the basis of a journal of the Council of Ministers, after the proposal of the Ministry of Industry and Trade. In this form, any change in the status of the Union will be made. + Article 41 Until the establishment of the Labour Chambers, the Ministry of Labour will delegate a member of law to the Chambers of Commerce and Industry and to their Union. + Title VIII Chambers of commerce and of extraterritorial industry + § § 1. Romanian rooms abroad + Article 42 The Romanian government can recognize and grant its support to those Chambers of commerce and industry, or similar Romanian or Romanian-foreign (mixed) organizations, based abroad, whose existence, it believes useful for our national economy. In order to be recognized the said institutions must meet the following bonds: a) Be in most of them composed of persons or companies who exercise a trade or an industry with companies registered in the country where they are established or in Romania. b) Of the total number of members at least half to be subject to Romanians; c) To possess statutes in which the purposes pursued are well specified; the statutes will have to be approved by the Ministry of Industry and Commerce. The recognition is given by a journal of the Council of Ministers, after the proposal of the Ministry of Industry and Trade, with the opinion of the Union of Chambers of Commerce and Industry. The rooms in the being are obliged to ask for recognition, according to the above provisions. Any recognized Romanian or mixed chamber of commerce, which will operate in a country where we have an economic adviser or a commercial attaché, will be able to include in its composition and these. + Article 43 The Romanian or mixed chambers of commerce on foreign markets will be liaison and information bodies, having the following attributions: a) To do studies, surveys; to collect data and to compile statistical works on the economic, commercial and industrial movement in the respective countries; b) To gather and to put at hand the traders and industrialists of both countries the information material they need in the exercise of their profession; c) To publish commercial bulletins, prominent figures and economic informations; d) To organize exhibitions and sample fairs; e) To give the Romanian government, when they would be asked, opinions on different economic issues and on the means of the most nailed to collect trade relations between both countries. The government will be able to withdraw its recognition and support to the Chambers that would deviate from the duties of statutes and law or work against the interests of the country. + § § Two. Foreign Chambers in Romania + Article 44 Rooms for the representation of foreign or mixed commercial and industrial interests (foreign and Romanian) cannot be established and can operate on the territory of the country except on the basis of a Romanian government authorization, given following the favorable opinion of Union of Chambers of Commerce and Industry. To this end, any foreign trade chamber shall, in advance, have to fulfil the following duties: 1. To make an application for authorization to the Ministry of Industry and Commerce, accompanied by: a) The Statutes of the Chamber in their final form b) List of members composing the Chamber and its Committee, with the showing of the profession and domicile of each; c) To produce a declaration of the government of the country, whose foreign subjects enter the composition of the Chamber in question, that there is observed reciprocity for Chambers of commerce and industry of the same kind. 2. To comply with the prescriptions of this title. The chambers of commerce and industry provided for in this paragraph may be established only for the sole purpose of fulfilling certain advisory and economic propaganda tasks, intended to contribute to the development of trade links between Romania and countries whose commercial and industrial interests represent them. In order to fulfill this purpose they may have any of the attributions provided for the Romanian Chambers abroad. + Article 45 In the composition of these Chambers can enter as members only the traders and industrialists who permanently live in Romania, having the company registered according to the law in force. Minors, banned and those put under judicial council, false unabilities and those who have suffered condemnation for an infamously fact, cannot be members. + Article 46 The Romanian government can exercise its control over each Chamber, a commissioner appointed by the Ministry of Industry and Commerce. The government will be able to withdraw 1. When the reciprocity provided for in art. 44. 2. When the House would depart from the provisions laid down in the statute. 3. When she would work against the higher interests of the State and the interests of national trade. 4. When he does not notice the provisions laid down in the present title. + Article 47 Chambers of commerce and foreign industry and mixed in being in the country, are granted a period of three months from the date of promulgation of this law, to the rule of position in accordance with the provisions contained in the present title. + Title IX Final provisions + Article 48 A public administration regulation will rule the implementation of the present law *). Both for their inner administration and for that of the services and establishments created and managed by them, the Chambers will draw up special regulations, which will be subject to the approval of the Ministry of Industry and Trade. -------------- Note *) See the Regulation for the application of the Law of Chambers of Commerce and Industry, of 26 April 1929, to the chronological order in this volume. + Article 49 Any complaint or conflict between the Chambers of Commerce and Industry and the Union of Chambers will ultimately be resolved by the Ministry of Industry and Commerce. + Article 50 All provisions in laws and regulations, contrary to the present law, are repealed. The interpretative law is hereby repealed, promulgated by Royal Decree No. 806 of 2 March 1927 , published in the Official Gazette No. 64 of March 22, 1927, and the Law for the establishment of the association for the social provision and care of industrialists in Romania, published in the Official Gazette of 3 May 1927. + Article 51 Within 3 months of the promulgation of this law, the elections will be made for the new councils of Chambers of Commerce and Industry. The mandates of the current boards of Chambers of Commerce and Industry, as well as the mandate of the Council of the Union, shall cease from the date of this law, the Boards of Chambers being replaced by interim commissions, provided for in art. 17 of the law, and the attributions of the Union being fulfilled by an interim commission, composed of 5 members, traders and industrialists, appointed by the Ministry of Industry and Trade and appointed by royal decree. -------------