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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Law No. 188 of 1 July 1930 for the ISSUING MINISTRY OF AGRICULTURE silos Published in MONITORUL OFICIAL nr. 143 July 1 1930 Article 1, storage Silos and conditioning of agricultural products and their derivatives, will operate after the rules laid down in the law on the General stores of 28 June 1881, amended 6 June 1892, with the derogations provided for in this law.

Article 2 Silos can be built and operated by the State directly, or by one or more companies who will be at the participating State with a minimum of 35% of the share capital in cash or contribution in kind.
Its share in the State will be able to associate with the contribution in cash or in nature: cooperative Institutions, chambers of Commerce and industry and the agricultural credit societies, asociaţiunile and unions of agricultural producers.

Article 3 shall be established Firms by region.
In the region concerned, a single Company will benefit from tax exemptions, privileges and advantages of the present law.
You can, however, set up one company across the country, in which case it will enjoy an exclusive all advantages of the front. Rights earned respect.

Article 4 Undertakings of silos, in order to constitute and operate, they require, in addition to carrying out other formalities required by the code of Commerce or law on the organisation and management of enterprises on the basis of commercial and public avutiilor, autorizaţiunea the Council of Ministers.
The company is established for a period to ensure conditions conducive to depreciation, for people depositing some of goods, of capital invested, but in no event will not pass 50 years.
At the expiry of the period stipulated, all with their silos and the inventory of the company pass and free in State ownership, the Company undertakes to build or to fit out needs, measure the silo State rezervandu the right to claim enlarging when public needs to ask. Appreciation of these necessities will be made by mutual agreement. In case of misunderstanding will resort to the arbitrators referred to in art. 18. The State will provide the necessary land and construction company officials, while ensuring the silos, without special taxes, hoist C.F.R. between these and the nearby train station.
The land chosen for the construction of silos will be as close to the centres of Nearby or a navigable water.
State land will be leased for a number of actions within the limits of its share or cash.
Private land required the construction of silos and officials are declared of public utility.
They will be confiscated at the request of the ministries of agriculture and industry Areas and Trade laws and rules of expropriation for public utility cause then in force in the territory where they are located.
In order to facilitate servicing of elevators, in that region, the company shall have the right: To fit out their own airworthiness, rivers to build canals and roads to improve access. These works will be carried out according to a plan approved by the State, which shall reserve the right to decide.

Article 5 technical Projects and estimates on the basis of which it will build the silos will be approved in advance by the Agriculture Ministry and the fields and of industry and commerce, with the opinion of the superior Council of silos, as provided for in this law.

Article 6 Companies of silos have the right to release recepise-warrants who enjoy the privileges provided for in the law of 28 June general stores 1881, as amended on 6 June 1892;
National Bank e authorized to consider it as intrepozite. 20, paragraph 1. g, of its statutes, all companies belonging to the silos silos.
National Bank may conclude special convenţiuni with companies as silos recepisele-warrants issued by them, to enjoy the advantages provided for in the Statute and the law of the National Bank.
National Bank won't make advances on other recepise-grain and derivative warrants, rather than upon those issued by companies of silos.
Rights will be respected. earned

Article 7 will enjoy the advantages of recepisei-warrants provided for in art. 6, underground storage and at which the company will manage them as accessories for silos.

Article 8 C.F.R. resorts near the silos, which will be directed by autonomous C.F.R. will no longer be able to employ its own stores than is strictly necessary for intrepozitarea up to dispatch. At the same time Directing autonomous C.F.R. will not release recepise-warrants. 6. Before the officials in a resort silos or Autonomous Region, C.F.R. recepise is authorized to issue the warrants, which-to enjoy the privileges provided for by the law of June 28, 1881, and the National Bank is authorized to consider, under article intrepozite. 20, paragraph 1. g of its statutes, the cooperative Central Bank holds C.F.R. and Central Cooperative Import and Export companies, with their affiliated cooperatives, will provide advances only on cereals and their derivatives stored in silos, except in the areas where they did not before.

Article 9 the installation company will provide detailed rules will be established after who charges intrepozitare in public silos.
Minimal charges will be calculated so as to cover the costs of: (a)) and intrepozitare handling of grain;

b) personal expenses, and c) overheads.

In these latter expenses will recognize in particular: 1. The share of annual depreciation of the investitiunilor uniform until the era when silos to repossess the assets of the State, as well as, and 2. A minimal net benefit it is established under the Act of incorporation of the company.

Article 10 where one might conclude that annual rates, calculated in accordance with art. 9, would be burdensome for depositors, the State will be able to reduce them even in the course of the year, subject to minimalul praslea, however; 9. Article 11 all rates and changes in their silos, before it enters into force, it will bring to the attention of the public through publications in detail.
They apply equally to all depositors.
In grain handling, loading and unloading of silos, from any kind of preference cannot be granted to a principal over others.

Article 12 undertakings silos may not make trade of grain on its own or in the Commission. They may not enter into any kind of participation, association or companionship with other instituţiuni or with private individuals who make such operations.

Article 13 the State guarantees shareholders a net of rent 7% the effective capital.
During the construction of a silo before putting it into operation, the percentage of 7% to the costs of construction at the end of each year and capitalize your budget.
If, at the end of the budget year, would the resulting loss, the State undertakes to cover.

Article 14 companies will be exempted from silos, for 15 years after their establishment, of any charges and fees to the State, County or township for land, buildings, records, documents and their operations.
Also imported machinery for the construction and equipment of public elevators shall 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 by paying part of their value neamortizata, with an extra 15% plus over the unredeemed portions.
In this case the State is obliged to pay the officials that he would dismiss a compensation equivalent to the salary which he would receive in one year.

Article 16 in case of rasboiu either that the silos be hindered to continue operation of silos, whether the State would calculate that it is in the interest of or direct operation, he will take the administration of the whole enterprise, ensuring minimal rent 7 shareholders% paid-up capital.
In this case, the operating time is extended automatically to the time the undertaking was operated by the State.

Article 17 Board of Directors and Committee censorilor to the silos will be made up of representatives of the State and the shareholders in proportion to their contribution to capital formation, respecting the dispoziţiunilor of the code de commerce.

Article 18 Any dispute between the State and society of silos, resulting from the application of this law and of its statutes, will be submitted to the Court, the decision of a Committee of referees composed of one arbitrator appointed by the State, an arbitrator appointed by the society of silos and from an arbitrator designated by them.
The society's statutes defining the way forward, in case the two arbitrators does not understand in the designation of supra-referee.
By way of derogation from the law on the organisation and management of enterprises on the basis of commercial and public avutiilor, Government Commissioner, appointed under the auspices of the society, shall submit his application made against deciziunilor the Board of Directors of the company, all before this Committee of referees.

Supervision of the application of article 19 of this law shall be made under the responsibility of the Ministry of agriculture and Areas, by a Council of the silos.
This Council consists of: 1. One member appointed by the Ministry of agriculture;
2. A member appointed by the Ministry of industry and trade;
3. One member designated by the Autonomous Regia C.F.R.;
4. One member designated by the Director of the Autonomous Ports;
5. One member designated by either public silos

Board members are appointed for a period of 5 years.