Law No. 43 Of 29 June 1993

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

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LAW No. 43 of 29 June 1993 on completion and amendment of law No. 76/1992 on measures for repayment of credits resulting from the action of clearing, payments to businesses, preventing the failure of payment and ISSUING financial deadlock PARLIAMENT Published in MONITORUL OFICIAL NR. 149 of 6 July 1993, the Romanian Parliament adopts this law.


Article 1, law No. 76/1992 on measures for repayment of credits resulting from the action of clearing, payments to businesses, preventing the failure of payment and financial blockage and make change as follows: 1. Article 6 shall be inserted, taking 6 ^ 1 reads as follows: "Art. 6 ^ 1. -In the case of failure to comply within 30 days from the due date, the obligations under article 4. 6 paragraph 1. 1, borrowers will pay the amount owed, in addition, a penalty of 0.15% per day of delay, except where the Convention or other penalties were stipulated.
Trade agreements between operators, regardless of the form in which they are concluded, the parties have the obligation to provide for penalties for delay in settlement of not less than 0.15% per day of delay, unless other contractual penalties that may be stipulated.
Total penalties for delay in settlement referred to in paragraph 1. 1 and 2 may not exceed the amount which they are calculated.
Where the penalties provided for in this article shall not cover in full the injury suffered by lateness of payment, the lender may request for awarding 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 incapacity of payment thereof according to art. 9, the lender may request at any time the debtor, within the general term of prescription, either by the amount due, be distinct from it, the penalties provided for in article 10. 6 ^ 1, on the way to court.
To this end, the creditor will ask the competent court in whose territory the debtor is a debtor of the judgment by which the legal delay, and in default, be liable to pay the amount owed and, where appropriate, to the penalties provided for in article 10. 6 ' 1. Cause it will judge promptly.
Stamp duty for bringing the action shall be at 10,000 lei, regardless of the amount of flow. "
3. After article 10 are inserted in articles 10 1 and 10 foot 2 with the following content: "Art. 10 ' 1.-After the final judgement is no longer prosecuted, the lender has the right to pursue, in accordance with the law, on behalf of the amounts awarded by way of claims or, where appropriate, penalties, estate of the debtor, in the following order: (a)), including the availability of funds placed in bank accounts;
  

b) financial assets of any kind;
  

c) finished products, raw materials, capital goods;
  

d) claims and other proprietary components contained in the civil circuit.
  

Art. 10 ^ 2. -The title of the executor is presented by creditor banks, or other juridical persons possessing, in whatever form, items of property of the debtor and any other pre-emptive operations ordered by the debtor in the case. "
4. Article 13, paragraph d) shall read as follows: "(d)) Bank loan request, granted with Government guarantee, in duly justified cases, to a maximum ceiling on what is approved annually by the budget law."
5. After article 13 Article 13 is inserted: ^ 1 the following content: "ART. 13 ^ 1. -The operators declared in default in accordance with art. 9, which continues the activity, will adopt measures to improve liquidity, including compulsory: a) will stop any advance payment for deliveries;
  

b) will pay any distribution and sista from net income, past or current year, including the share of employees;
  

c) will increase any payment relating to the sista, allowances or awards for management personnel of the unit in question. In the category of senior staff include: Director, Deputy Directors, Chief Accounting Officer and other functions treated as such. "
  

6. Insert after article 15 article 15 ^ 1, having regard to the following content: "ART. 15 ^ 1. -Violation of art. 13 ^ 1 constitutes contravention and shall be 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.-Offences under article 4. 15 of this law shall be sanctioned with a fine of 100,000 to 300,000 lei from. "


Article 2 Law No. 76/1992 on measures for repayment of credits resulting from the action of clearing, payments to businesses, preventing the failure of payment and financial blockage, as amended by this law, shall be in the Official Gazette of the Republic of Romania.
This law was adopted by the Senate at its meeting on 10 June 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. MAHADEVAPPA GAITAN this law was adopted by the Chamber of deputies at its meeting on 10 June 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — — —-