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Law No. 43 Of 29 June 1993

Original Language Title:  LEGE nr. 43 din 29 iunie 1993

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LEGE No. 43 of June 29, 1993 to complete and amend Law no. 76/1992 on measures to reimburse the appropriations resulting from the clearing action, the arrangements for the payments of economic operators, the prevention of default and the financial deadlock
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 149 of July 6, 1993



The Romanian Parliament adopts this law + Article 1 Law no. 76/1992 on measures to reimburse the appropriations resulting from the clearing action, the arrangements for the payments of economic operators, the prevention of default and the financial deadlock shall be amended and supplemented as follows: 1. After Article 6, 6 ^ 1 is inserted, having the following content: "" Art. 6 6 ^ 1. -In case of non-fulfilment, within 30 days from the due date, the obligations provided in art. 6 6 para. 1, debtors will pay, outside the amount due, a penalty of 0.15% for each day of delay, except for the situation in which higher penalties were stipulated in conventions or other acts. In the commercial conventions between economic agents, whatever form they conclude, the parties are required to provide for late payment penalties of at least 0,15% for each day of delay, outside of other penalties. contract that can be stipulated. Total penalties for delay in settlement provided in par. 1 1 and 2 may not exceed the amount on which they are calculated. If the penalties provided for in this Article do not fully cover the damage incurred by the delay in making the payment, the creditor will be able to request the granting of damages in addition, according to the provisions of the common law. " 2. Article 10 shall read as follows: "" ART. 10. -After the delay of the debtor and the finding of the inability to pay it according to art. 9, the creditor can always ask the debtor, within the general limitation period, either with the amount due, or distinct from it, the penalties provided for in art. 6 ^ 1, on the way of legal action. For this purpose, the creditor will ask the competent court in whose territorial area the debtor is established to pronounce a decision by which the debtor, legally late and unable to pay, is obliged to pay the amount due and, where appropriate, the penalties provided for in art. 6 6 ' 1. The cause will be judged expeditiously. The stamp duty for the introduction of the action is set at 10,000 lei, regardless of the value of the debit. " 3. After Article 10, Articles 10 '1 and 10' 2 are inserted, with the following content: "" Art. 10 10 ' 1. -After the final stay of the court decision, the creditor is entitled to pursue, under the law, to the account of the amounts granted as receivables or, as the case may be, the penalties, the debtor's patrimony, in the following order: a) funds, including availability in bank accounts; b) financial assets of any kind; c) finished products, raw materials and materials, fixed assets; d) claims and other patrimonial components in the civil circuit. Article 10 ^ 2. -The title of the executor shall be presented by the creditor to the banks or any legal persons who hold, in any form, patrimonial elements of the debtor and have the right of pre-emption over any other operations ordered by the debtor in question. " 4. Article 13 (d) shall have the following content: "d) the request for bank loans, granted with the Government's guarantee, in justified cases, within the limit of the ceiling that is approved annually by the budgetary law." 5. Article 13 (1) shall be inserted after Article 13, with the following content: "" ART. 13 13 ^ 1. -Economic agents declared in default according to art. 9, which continues its activity, will adopt measures to improve liquidity, including, on a mandatory basis: a) will stop any advance payment for supplies; b) will stop any distribution and payment from the net profit, from previous years or current year, including the share of employees; c) will stop any payment on bonuses, allowances or prizes for the management staff of the unit in question. In the management personal category shall be included: the director, the deputy directors, the chief accounting officer and the other functions assimilated to them. " 6. Article 15 (1) shall be inserted after Article 15, with the following content: "" ART. 15 15 ^ 1. -Violation of art. 13 ^ 1 constitutes contravention and is sanctioned with a fine of 100,000 to 300,000 lei. " 7. Article 15 (c) shall be repealed. 8. Article 16 shall read as follows: "" ART. 16. -The contraventions provided in art. 15 of this law is sanctioned with a fine of 100,000 to 300,000 lei. " + Article 2 Law no. 76/1992 on measures for the reimbursement of credits resulting from the compensation action, the regime of payments of economic agents, the prevention of payment default and financial blockage, with the amendments made by this law, will be republished in the Gazette Official of Romania. This law was adopted by the Senate at the meeting of June 10, 1993, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of June 10, 1993, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE -------------