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Law No. 188 Of 1 July 1930 For Silos

Original Language Title:  LEGE nr. 188 din 1 iulie 1930 pentru înfiinţarea de silozuri

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LEGE no. 188 188 of 1 July 1930 for the establishment of silos
ISSUER AGRICULTURE MINISTRY
Published in OFFICIAL MONITOR no. 143 143 of 1 July 1930



+ Article 1 Silos, for the storage and conditioning of agricultural products and their derivatives, will operate according to the rules laid down in the law on general stores of 28 June 1881, amended on 6 June 1892, with the derogations provided for in this Law. + Article 2 Silos can be built and operated by the State directly, or one times several companies at which the State will be a participant with a minimum of 35% of the share capital in cash or with contribution in kind. In its share the State will be able to associate with cash or in nature: Cooperative institutions, Chambers of commerce and industry and agricultural credit societies, associations and unions of agricultural producers. + Article 3 Companies are set up by region. In the respective region, a single company will benefit from the exemptions, privileges and advantages of this law. However, a single company can be established for the entire country, in which case it will enjoy exclusively all the advantages of the present law. The earned rights are respected. + Article 4 Silo companies, in order to be able to constitute and operate, need, in addition to fulfilling the other formalities required by the trade code or the law for the organization and administration on a commercial basis of enterprises and wealth public, by the authorization of the Council of Ministers. The company is set up for a duration to ensure depreciation in favorable conditions, for commodity depositors, invested capital, but under no circumstances will it pass 50 years. At the expiry of the stipulated period, the silos with all their installations and the inventory of the company, pass by right and free of charge in the property of the State, the Company undertakes to build or arrange silos to the extent of the needs, the State reserving the right to increase capacity when public needs require it. The appreciation of these needs will be done by mutual agreement. In case of misunderstanding, the panel of arbitrators referred to in art. 18. The state will provide the company with the land necessary for the construction and operation of silos, while ensuring, without special taxes, the connection of C.F.R. between them and the nearby train station. The land chosen for the construction of the silos will be as close as possible to the C.F. centers or a navigable water. The State lands will be ceded against a number of shares within the limits of its share or against cash. The particular land necessary for the construction and operation of silos is declared by public utility. They will be expropriated at the collective request of the Ministries of Agriculture and Domains and Industry and Commerce according to the norms of expropriation laws for the cause of public utility in force on the territory where they are located. In order to facilitate the service of silos, in that region, the company will have the right: To set up their own rivers for airworthiness, build canals and improve access roads. These works will be carried out according to a State-approved plan, which reserves the right to decide. + Article 5 The complete technical projects and the estimates on the basis of which the silos will be built will be approved in advance by the Ministry of Agriculture and Domains and the Industry and Commerce, with the opinion of the superior council of silos, provided for in present law. + Article 6 Silo societies have the right to release the reefs that enjoy the privileges provided for in the general store law of 28 June 1881, with the amendments of 6 June 1892; The National Bank is authorized to consider as interposed within the meaning of art. 20, paragraph g, of its statutes, all silos belonging to authorized silos companies. The National Bank may conclude special conventions with silo companies, following that the reefs, issued by them, enjoy the advantages provided by the statutes and the law of the National Bank. The National Bank will not make advances on other grain-warring and derivatives, than on those released by silo societies. The rights won will be respected. + Article 7 They will enjoy the advantages of the recent-warante, provided in art. 6, and its own stores at storage that the company will administer as accessories to silos. + Article 8 In the resorts of C.F.R., near which silos will operate, the Autonomous Regia of the C.F.R. will no longer be able to use its own stores than for the strictly necessary maintenance until their dispatch. At the same time the Autonomous Regia of the C.F.R. will not be able to release the reefs in the sense of art. 6. Until the operation of silos in a resort or region begins, the C.F.R. Autonomous Regia is authorized to release the reefs, which enjoy the privileges provided by the law of June 28, 1881, and the National Bank is authorized to consider as interposed, within the meaning of art. 20, para. g of its statutes, C.F.R. stores The Central Cooperative and Cooperative Central Bank Import and Export, with cooperative societies affiliated to them, will grant advances only on their grain and derivatives stored in silos, except for areas where they do not exist. + Article 9 At the constitution of the company will be provided the norms after which the rates of interposition in public silos will be established. The minimum rates will be calculated to cover: a) Expenses for the handling and maintenance of cereals; b) Staff expenses, and c) General expenses. In the latter expenditure will be recognised in particular: 1. The annual uniform rate of depreciation of investments until the age when silos are to re-enter the State's patrimony, as well as 2. A minimal net benefit that will be determined by the act of constitution of the company. + Article 10 If it were found that the annual tariffs, calculated according to art. 9, would be burdensome for savers, the State will be able to reduce them even during the year, but respecting the minimum provided in art. 9. + Article 11 All the prices of the silos and their changes, before they enter into force, will be brought to public attention through detailed publications. They will apply equally to all depositors. In the handling of cereals, both in loading and unloading from silos, no preference whatsoever can be given to a depositor on others. + Article 12 Silo companies cannot trade grain on their own or in commission. They cannot enter into any kind of participation, association or companionship with other institutions or with individuals who make such operations. + Article 13 The state guarantees shareholders a net annuity of 7% to the capital actually paid up. During the period of construction of a silo, until its entry into service, the 7% of the construction costs shall be capitalized at the end of each budget year. If, at the end of the budget year, loss results, the State undertakes to cover it. + Article 14 Silo companies will be exempt, for 15 years from their establishment, from any taxes and fees to the State, county or commune, for their land, buildings, registers, acts and operations. Also imported cars for the construction and machinery of public silos will be exempt from customs duties. + Article 15 After 25 years of operation, the State has the right to redeem the silos, with the entire inventory of the Company, paying the unamortized part of their value, with an additional 15% on this unamortized part. In this case the State is obliged to pay the officials whom it would dismiss an indemnity equivalent to the salary it would receive in a year's time. + Article 16 In the case of a rasboiu, whether the silo society is prevented from continuing the exploitation of silos, or that the State would reckon that it is in the interest or direct exploitation, it will take the administration of the whole enterprise, ensuring the shareholders of the annuity % minimum on paid-up capital. In this case the operating life is automatically extended by the time the enterprise was operated by the State. + Article 17 The board of directors and the committee of censors at the silos companies shall be composed of representatives of the State and of the shareholders in proportion to their contribution in the formation of capital, in compliance with the provisions of the trade code. + Article 18 Any misunderstandings between the State and the silo society, resulting from the application of this law and its statutes, will ultimately be subject to the decision of a committee of arbitrators composed of a State-appointed arbitrator, from an arbitrator designated by the silo society and an over-arbitrator designated by them. The company's statutes will state the way forward, in case the two arbitrators do not understand themselves in the designation of the over-arbitrator. By way of derogation from the law for the organization and administration on a commercial basis of public enterprises and wealth, the commissioner of the government, appointed by the company, will submit his application, against the decisions of the board of directors of the company, also before this committee of arbitrators. + Article 19 The supervision of the application of this law will be under the responsibility of the Ministry of Agriculture and Domains, by a higher council of public silos. This Council shall consist of: 1. A member appointed by the Ministry of Agriculture; 2. A member appointed by the Ministry of Industry and Commerce; 3. A member designated by the C.F.R. Autonomous Regia; 4. A member designated by the Autonomous Direction of Ports; 5. A member designated by public silo companies. The members of the Council are appointed for 5 years. -------