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Law No. 109 Of 10 October 1996 Concerning The Organization And Functioning Of Cooperative Consumer And Credit Cooperative

Original Language Title:  LEGE nr. 109 din 10 octombrie 1996 privind organizarea şi funcţionarea cooperaţiei de consum şi a cooperaţiei de credit

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LEGE No 109 of 10 October 1996 on the organisation and functioning of the consumer cooperation and credit cooperation
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 252 of 18 October 1996



The Romanian Parliament adopts this law + Title I General provisions + Article 1 The core business of consumer cooperation and credit cooperation is carried out through consumer cooperatives and credit cooperatives-popular banks. + Article 2 The organizations of consumer cooperation and credit cooperation are autonomous, apolitical and non-governmental associations, the main purpose of which is the organization of activities based on the principle of helping their members. The organizations of consumer cooperation and credit cooperation shall be constituted on the principle of free, non-discriminatory association and operate democratically. The governing bodies of the organizations of consumer cooperation and of the credit cooperation shall be chosen under the conditions established by this law and by their own statutes. Each member of a cooperative shall participate in the decision-making of the general assembly with a single vote, regardless of the number of social parts subscribed. + Article 3 The organizations of consumer cooperation and credit cooperation shall be constituted by a variable number of members and the share capital shall consist of shares of equal value. It is forbidden to set up organizations with fixed social capital. + Article 4 In order to best serve the interests of members and the community, consumer cooperative and credit cooperation organizations can collaborate locally and nationally with public authorities, economic agents and similar organizations, as well as public authorities. international plan with cooperative bodies and other partners. + Article 5 Credit cooperatives-popular banks can associate in territorial houses of credit cooperatives, and these in the House of Credit Cooperatives-CREDITCOOP. Consumer cooperatives and territorial houses of credit cooperatives can associate in the territorial federal of consumer and credit cooperatives-FEDERALCOOP. The territorial federales of consumer and credit cooperatives and CREDITCOOP can associate in the National Union of Consumer and Credit Cooperatives-CENTROCOOP. + Title II Consumer Cooperative + Chapter 1 Establishment of consumer cooperatives + Article 6 Consumer cooperatives are associations of individuals, freely constituted, without any discrimination of nationality, ethnic origin, language, religion, political affiliation, wealth, social origin or sex. + Article 7 Consumer cooperatives can be organized within the territorial area of one or more localities. In the same locality one or more consumer cooperatives can operate. + Article 8 The consumer cooperatives are established on the basis of a constitutive act, with a minimum of 15 founding members, the organization of the activity being regulated by the status of the cooperative, elaborated on the basis of the framework Consumption and Credit. + Article 9 The constitutive act of the consumer cooperative shall be signed by all the founding members and shall be certified, for the authenticity of the signatures, by the secretary of the administrative-territorial unit in which the cooperative will be based. The status of the consumer cooperative is approved by the general assembly of the founding members. + Article 10 The consumer cooperative takes down legal personality under the final court ruling, handed down on the basis of the act of constitution and its own status, and can operate after its registration with the Trade Register and after obtaining fiscal code from the territorial units of the Ministry of Finance. The consumer cooperatives abolished or merged after 1990 can be re-established by the decision of the cooperative members, in compliance with the provisions of par. 1 of this Article, reacquiring the patrimony had according to the balance sheet concluded at the date of abolition or merger. + Article 11 Can be a cooperative member any person who has reached the age of 18, has capacity for exercise, resides in the activity range of the consumer cooperative, has signed or accepted, as the case may be, the constitutive act and its status and subscribed at least a social part. He may not be a cooperative member of the natural person whose interests are contrary to those of the consumer cooperative or which makes him unfair competition. By statute, other conditions for admission as a cooperating member may be regulated. Former cooperative members maintain their membership regardless of the size of the social parts originally intended, provided that the value of the social parts is completed at the level provided for in the status of the consumer cooperative. + Article 12 After the establishment of the consumer cooperative, the individual wishing to become a member shall sign an application for registration in the cooperative, stating: the name, surname, domicile, number and total value of the social parts he wishes to be subscribe, the amount it flows into the account of these social parts and the date of the request. It will also be mentioned in the application that he has become aware of the provisions of the articles of association and the status of the consumer cooperative, which he acknowledges. + Article 13 When registering in the consumer cooperative, each cooperating member must submit, at the cashier's office, a minimum of 30% of the value of the subscribed social parts, as well as the registration fee. The difference shall be made by the cooperating members within the time limit set by the general meeting of the consumer cooperative. + Article 14 The application for registration in the consumer cooperative shall be approved by its executive office, which may reject it only if the applicant does not meet the conditions provided for in this Law and in the status of the cooperative. The decision of the Executive Office shall be communicated, in writing, to the applicant within 15 days of the application. If in this term the applicant does not receive any notice, he shall be deemed to be admitted. The rejected applicant shall have the right of appeal to the board of directors of the consumer cooperative within 15 days from the date of communication of the decision. The appeal is addressed by the censor committee, which is obliged to submit it to the debate of the board of directors. The decision of the board of directors may be challenged at the general meeting of the consumer cooperative within one year of the communication. Applications for registration approved by the executive office or the management board of the consumer cooperative shall be subject to the confirmation of the general meeting at its first meeting. + Chapter 2 Subject of activity + Article 15 The object of activity of the consumer cooperative is mainly achieved by: a) retail and wholesale trade; b) public catering, hotel activity, internal and external tourism; c) industrial production and service provision; d) purchase of products from the population and from economic agents and their valorization by processing or by marketing as such; e) sale of building materials, agricultural machinery and tools, petroleum products and household items, fertilizers, breeding animals, feed, seeds, seedlings, seedlings and other products specific to agricultural activity; f) the organization, for the owners of agricultural land and economic agents, of agroveterinary services, including the rental of agricultural machinery and tools; g) organization and conduct of agricultural, animal husbandry, fish, beekeeping, sericultural activities; h) export and import of goods, products, services and exchanges of goods with cooperative organizations, enterprises and companies from other countries; i) cooperations and associations with other cooperative units, with natural or legal persons in the country and abroad, as well as participation in the share capital of some companies; j) execution of investment works for own needs and for third parties; k) advertising and advertising; l) cultural-educational and sports actions, as well as sponsorships of cultural, scientific, technical, sports events; m) training and improvement of the professional training of personnel. + Chapter 3 Social parts + Article 16 The size of a social part is determined by statute. + Article 17 Social parts cannot be divested or sold to other people, or pledged. They cannot be constituted by negotiable securities. The social parts are not interest-bearing. They may not be used for the payment of personal debts of cooperative members to the consumer cooperative or to third parties. + Article 18 The share of the profit of the consumer cooperative shall be assigned to each cooperating member in proportion to its participation in the share capital and shall constitute dividends. Dividends not collected by the cooperating members within 3 years from the date fixed by the general meeting shall be added to the social parts of the holders, without the need for their consent. + Article 19 The records of the cooperating members and of the social parts subscribed and paid by them shall be kept by the consumer cooperative in a special register. + Article 20 The status of the consumer cooperative may provide for the cooperative member to withdraw, upon request, one or more social parts, remaining a member as long as he holds at least a social part. + Chapter 4 Rights and duties of cooperative members + Article 21 Cooperative members shall have the following rights: a) to receive, for the paid shares, dividends from the annual profit, according to the general meeting of the consumer cooperative; b) to participate in general meetings and to propose measures to improve the activity of the consumer cooperative and its governing bodies; c) to elect and be elected to the governing bodies of the consumer cooperative or to its censor committee, to be elected delegates to the general assembly of FEDERALCOOP to which it is co-operative, to the Congress of Consumer and Consumer Cooperation Credit, be elected to the management and control bodies of FEDERALCOOP and CENTROCOOP; d) benefit from the material and social-cultural advantages arising from the activity of the consumer cooperative; e) take priority when buying goods and performing services. + Article 22 The cooperating members shall have the following duties: a) to pay, at the time limits, the value of the social parts subscribed; b) to carry out the decisions of the general meeting of the consumer cooperative; c) to defend and preserve the goods of the consumer cooperative; d) to know and respect the present law and the status of the consumer cooperative. The cooperative members shall be liable for the obligations of the consumer cooperative to which they belong, within the limits of the social parts subscribed. + Chapter 5 Cessation of cooperative membership + Article 23 The cooperative membership ceases by withdrawal, exclusion or death. + Article 24 The withdrawal of cooperative members from the consumer cooperative can be made by written request. The statute provides for the term in which the withdrawal can be announced, which cannot be less than 3 months and more than 6 months compared to the announced withdrawal date. + Article 25 The statute may provide for a minimum term from the date of enrolment in the consumer cooperative in which the cooperating member cannot withdraw from it. + Article 26 In case of death, the quality of the cooperating member is lost on the day of death and the rights of the successor shall be determined on the basis of the balance sheet concluded at the end + Article 27 The cooperative member may be excluded from the consumer cooperative in cases where: a) late, has not paid in full, at the fixed deadlines, at least a social part underwritten; b) no longer meets the conditions for being a member of the respective consumer cooperative, provided in art. 11 11; c) commit crimes at the expense of the consumer cooperative. The exclusion decision shall be taken on the board of the consumer cooperative and shall be communicated to the person concerned by registered letter. The excluded cooperating member may challenge the decision at the general meeting of the consumer cooperative, through the censor committee, within 30 days of the communication of the judgment. + Article 28 In the case of withdrawal, the cooperating members are entitled to the refund of the paid social parts, dividends and the share-parts of the development fund, in proportion to the participation in the social capital of the cooperative, and in the event of death, they shall be refund, upon request, to legal or testamentary heirs. To the exclusion from the consumer cooperative, the cooperating member shall be returned to the paid social parts, as well as the dividends corresponding to the shares held by him. + Chapter 6 Governing bodies + Article 29 The governing bodies of the consumer cooperative are: a) general meeting; b) the Management Board; c) Executive Office. General Assembly + Article 30 The general meeting is the governing body of the consumer cooperative's activity and is composed of the totality of the cooperating members registered in that cooperative. + Article 31 If the convocation of all cooperative members, in a single general meeting, is not possible or the consumer cooperative operates within several localities, the general meeting will be attended by delegates elected each year. locality or on neighborhoods based on the unitary norms of representation and mandatation established by the board of directors of the cooperative. + Article 32 General meetings are ordinary and extraordinary. Ordinary general meetings shall be held once a year, within 30 days of the end of the annual balance sheet. Extraordinary general assemblies are held whenever needed. + Article 33 The ordinary general meeting has the following main tasks: a) approve or modify the balance sheet and profit and loss account; b) approve, on the basis of the annual accounting balance and the report of the censor committee, the way of distribution of the profit, including dividends and other rights or advantages granted to the cooperating members, as well as the way of covering the possible losses; c) approve the activity program and the revenue and expenditure budget; approve the discharge of the board of directors; d) approve and modify the status of the consumer cooperative; e) approve the association of consumer cooperative at FEDERALCOOP or with other cooperatives; f) confirms the reception of new cooperative members; g) settle appeals for the exclusion of cooperative members; h) analyzes the decisions of the board of directors on the acquisition, alienation or transmission of goods and takes the necessary measures to hold those guilty accountable, if it is found that damage to the cooperative consumption; i) approve the constitution of various funds, as well as their size, according to legal provisions j) establish and modify the value of a social part, their minimum number, as well as the deadlines for payment of the value of the social parts subscribed; k) analyze the activity of the board of directors and the censor committee; l) elect the board of directors and the committee of censors; m) elect delegates to the general assembly of FEDERALCOOP to which it is associated; n) fix the remuneration of the members of the board of directors and the committee of censors; o) confirms the maintenance of employees with management and heads of units. + Article 34 Extraordinary general meetings shall meet whenever necessary decisions shall be taken to: a) increase of the amount of the shares and their minimum number; b) changing the headquarters of the consumer cooperative; c) merger with other consumer cooperatives, division or dissolution of the consumer cooperative; d) modification of the object of activity of the consumer cooperative; e) the appointment of liquidators, in case of dissolution of the consumer cooperative; f) withdrawal of the mandate of the members of the board of directors or censors: for deviations from the laws in force or from the statute, for inactivity, or at their request; g) approve or confirm, as the case may be, the cooperation and association actions of the consumer cooperative with other cooperative organizations, with natural or legal persons, from the country and abroad, as well as the participation of the cooperative in the share capital of some companies; h) any other problems for which the approval of the general assembly is required in this law or status. + Article 35 For the validity of the decisions of ordinary and extraordinary general meetings, it is necessary to present the majority of the cooperative members with the right to vote or their delegates. Decisions shall be taken by the majority vote of those present. If the general meeting cannot work due to the failure to meet the conditions provided in par. 1 1 of this Article, the assembly to meet after the second convocation may decide on the issues on the agenda of the first assembly, if at least one third of the number of the cooperating members or their delegates is present. + Article 36 The ordinary or extraordinary general meeting shall be convened by the Management Board by its chairman. The Management Board shall be obliged to convene the ordinary or extraordinary general meeting, as the case may be, and in situations where it is required by at least one tenth of the total number of the cooperating members or at the request of the censors. If the administrators or censors of the consumer cooperative do not convene the general meeting, FEDERALCOOP to which the cooperative associate is associated may convene the general assembly, in compliance with the provisions of art. 35. + Article 37 The convocation shall be made at least 15 calendar days before the date fixed and shall include the place, date and time of the young general meeting, as well as the agenda, with the presentation of all the issues covered by its debate. The notice for the convocation of the general meeting may also provide for the date on which the second general meeting would be held, in a situation where at the first convocation the statutory number of cooperating members present would not be carried out. Between the dates provided for the two summons may not be a term of less than 48 hours nor more than 15 days. + Article 38 The balance sheet and the report of the censors shall be made available to the cooperating members, at the premises of the consumer cooperative, at least 10 days before the day fixed for the holding of the general meeting. + Article 39 General meetings shall be conducted by the Chairperson of the Management Board or, failing that, by the Vice-Chair or by the person elected by the General Assembly for this purpose. + Article 40 Decisions of general meetings shall be taken by secret ballot or by open vote. The secret vote is mandatory for the election of the board of directors and censors, for their revocation, for taking decisions regarding the liability of the administrators, as well as for confirming the maintenance of employees with management and heads of units. Administrators and cooperative members, employees of the consumer cooperative, cannot take part in voting on issues that concern their responsibility. + Article 41 The decisions taken by the general assembly are also mandatory for cooperative members who did not take part in the general assembly or voted against. Board of Directors + Article 42 The Management Board consists of 5-15 members and 3-5 alternates, elected by the general assembly among the members of the cooperative for a period of 4 years. Administrators must be Romanian citizens. Administrators are reeligible, unless otherwise provided in the statute. + Article 43 In its first meeting, the board of directors shall elect from among its members a chairman and, as the case may be, a vice-president, as well as the other members of + Article 44 Persons who, according to the law, are declared incapable or have suffered criminal convictions cannot be administrators. The spouse, as well as the relatives and afinii of the administrators, up to and including the third degree, cannot be elected as members on the same board of directors. + Article 45 The members of the board of directors may not be, without the authorization of the general meeting, administrators, executives and censors in companies that have the same object of activity with that of the consumer cooperative. Persons exercising competing activities of the consumer cooperative, on their own account or on behalf of another person, may also not be members of the board of directors. Failure to comply with the prohibition referred to in the preceding paragraph draws revocation as a board member and, depending on the seriousness of the misconduct, may attract exclusion from the consumer cooperative and liability for damages. products. + Article 46 Administrators are obliged to submit, within 30 days of their choice, a monetary guarantee that cannot be less than the value of ten shares. For failure to submit the guarantee within the time limit provided for in the preceding paragraph, the administrator concerned shall be removed from office The guarantee shall remain on the account of the consumer cooperative and may be returned only after the administrator has been released from this position, but not earlier than the date on which the general meeting approved the balance sheet and the profit and loss account of the the last financial year in which the administrator operated and after discharge for that financial year. In case of death, the administrator's guarantee shall be returned to its successors, after approval by the general meeting of the accounting balance sheet and the profit and loss account of the year in which the administrator died and after the discharge for that financial year. + Article 47 Administrators cannot be represented by other persons. + Article 48 The Board of Directors meets once a quarter and whenever needed. The presence of at least half of the number of administrators is required for the validity of deliberations on the board of directors. Decisions shall be taken by a majority vote of the members + Article 49 The Management Board shall, in particular, have the following tasks: a) submit for approval to the general meeting the annual program on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account; b) periodically analyze the economic, financial, organizational and social-cultural activity carried out by the consumer cooperative and take measures to improve them; c) decides the establishment of new units for the realization of the object of activity; d) establish the organizational scheme of the consumer cooperative; e) organize cooperation and association actions with other cooperative organizations, with individuals or with legal entities from the country or abroad, which they submit for confirmation to the general meeting; f) approves the training and improvement program of the professional training of the personnel and ensures its fulfillment; g) decides on the acquisition and disposal of goods, according to the regulations in force; h) approves, according to the regulations in force, the transition into different forms of organization and administration of own units; i) approve the withdrawal of the cooperative members and resolve the appeals of the persons to whom the executive office did not approve the application for registration in the consumer cooperative; j) withdraw the mandate of the members of the executive office before its expiration: for serious deviations from the law or from the statute, for inactivity, or at their request; members for serious deviations from the law or from the statute, or for inactivity; complete, among the alternates, the places become vacant; k) solve any other problems established by the general assembly. + Article 50 The administrators shall jointly respond to the consumer cooperative for: a) the reality of the payments made by the cooperating members; b) the existence of registers required by law and their correct keeping; c) real existence of distributed profit; d) judicious and efficient management of the consumer cooperative's patrimony; e) the execution of the decisions of the general meeting; f) the performance of the duties that the law and the statute impose and which do not have the character of a special and personal obligation + Article 51 The administrators respond jointly with their immediate predecessors if, having knowledge of the irregularities committed by them, they do not bring them to the attention of the censors. The responsibility for the acts committed or for omissions does not extend to the administrators who made the record, in the register of the decisions of the board of directors, their impotence and have learned about it, in writing, on censors. For decisions taken in meetings they did not attend, the administrators remain liable, if within 30 days of becoming aware of them they did not do the resistance in the forms shown in the previous paragraph. + Article 52 The administrator who has, in a certain operation, directly or indirectly, interests contrary to the consumer cooperative must notify the other administrators and the censors about it and not take part in any deliberation on it. The same obligation has the administrator if, in a certain operation, he knows that his husband, wife, relatives or afinii are interested until the third degree inclusive. + Article 53 The action of liability against the administrators for the facts concerning their responsibility shall be decided by the general assembly, which shall also designate the person responsible for exercising the legal action. From the moment the general assembly decided to take the action to account against the administrators, their mandate ceases by law and the general assembly will proceed to their replacement. The liability of the administrators shall not cease by the approval of the balance sheet nor by downloading the annual general meeting. Executive Office + Article 54 The executive office is the body that conducts the current activity of the consumer cooperative during the period between the board meetings. + Article 55 The executive office consists of 3-5 members elected by the board of directors among its members. The chairman of the board is also the chairman of the executive office of the consumer cooperative. + Article 56 The executive office meets monthly and whenever needed. The decisions of the Executive Office shall be taken by the majority vote + Article 57 The Executive Office shall be obliged to submit, at each meeting of the Management Board, its deliberations register and to submit its decisions to its confirmation. + Article 58 The Executive Office has the following main tasks a) bring to fruition the decisions of the board of directors and report to him about the activity b) initiate actions for the attraction of new members and the shedding of the subscribed social parts; c) analyze and decide on applications for registration in the consumer cooperative; d) employ and lay off staff and determine its rights and obligations; e) establish and modify, under the law, the prices and tariffs on the products, respectively the executed works and the services provided; f) keep a register of meetings and its deliberations; g) performs any other duties entrusted by the board of directors or resulting from the necessity of operating the activity of the consumer cooperative, except those that are within the competence of the general assembly or the council of administration. + Title III Credit Cooperative-Popular Bank + Chapter 1 Establishment of credit cooperatives-popular banks + Article 59 Art. 6 6-14 shall also apply to credit cooperatives-popular banks. The minimum number of founding members of credit unions-popular banks is 100 people who subscribed and shed at least a social part. + Chapter 2 Subject of activity + Article 60 Credit cooperatives-popular banks carry out activities for the benefit of cooperative members regarding: a) the granting of loans and the performance of banking services; b) granting, as a matter of priority, loans on favorable terms to cooperative members, agricultural producers, for the purchase of animals, feed, machinery, machinery, agricultural tools, fertilizers and other goods for the development of agricultural production in individual households, depending on refinancing resources; c) the fruition of the money savings of the cooperative members and other persons; d) the contracting of loans from banks; e) keeping the cash availability of the cooperative members, other natural or legal persons, in open accounts, at their request, and carrying out operations in the account; f) foreign exchange operations; g) financial-banking operations, carried out in office. + Chapter 3 Social parts + Article 61 Art. 16-20 shall also apply to credit cooperatives-popular banks. Dobinda for the refinancing resources of credit cooperatives-popular banks are supported by income. + Chapter 4 Rights and duties of cooperative members + Article 62 Art. 21 lit. a)-d) shall also apply accordingly to members of the credit unions-popular banks. Members of the credit unions-popular banks also have the following rights: a) to be elected as delegates and to the general assembly of the territorial house of credit cooperatives and to be elected to its management and control bodies; b) to receive loans under the conditions of the loan granting regulation; c) to submit for fruition their money savings for which they receive a interest established by the general assembly, according to the norms developed for this purpose by CREDITCOOP. + Article 63 Art. 22 shall also apply to the members of the credit unions-popular banks. The cooperative members, loan recipients, have the obligation to pay on the term the loan rates and related interest. + Chapter 5 Cessation of cooperative membership + Article 64 Art. 23-28 shall also apply accordingly to members of credit unions-popular banks. + Article 65 The member of the credit cooperative-the popular bank may withdraw from the cooperative only if at least one year has passed since the date of payment of the last loan installment. + Chapter 6 Governing bodies + Article 66 The governing bodies of the credit cooperative-the popular bank are: a) general meeting; b) the Management Board; c) Executive Office. + Article 67 Art. 30-58 shall also apply to credit cooperatives-popular banks. The general meeting of the credit cooperative-the popular bank approves its association at the territorial house of credit cooperatives and chooses delegates at the general meeting of the territorial house of credit cooperatives. + Title IV Territorial House of Credit Cooperatives + Chapter 1 Establishment of the territorial house of credit cooperatives + Article 68 The territorial house of credit cooperatives is constituted by the free association of credit cooperatives-popular banks within one or several counties. At the association, each credit cooperative-the popular bank pays a registration fee established by the general meeting of the territorial house of credit cooperatives and underwrites one or more social parts. + Article 69 The registration of the territorial house of credit cooperatives at the Trade Register is made on the basis of the act of constitution and its own status, elaborated on the basis of the framework statutory approved by the Congress of Consumer and Credit Cooperation. + Chapter 2 Subject of activity + Article 70 Art. 60 shall also apply accordingly to the territorial house of credit cooperatives. The territorial house of credit cooperatives also carries out the following activities: a) represent the economic, financial, legal, social-cultural interests of credit cooperatives-popular banks associated with public institutions and courts; b) support credit cooperatives-popular banks associated with financial means, for specified periods, for carrying out the current activity and developing the technical-material basis; c) provide economic and financial assistance, legal and other specialty to credit cooperatives-associated popular banks; d) centralize and analyze the accounting balance sheets and the results of the performance of the quarterly programs, as well as the monthly operative data of the associated popular credit-banks; e) constitute banks of economic and social data necessary for credit cooperatives-associated popular banks and organize computerization services; f) carries out the control of compliance with statutory provisions by credit cooperatives-associated popular banks; g) organizes, for credit cooperatives-associated popular banks, staff trainings, advertising and advertising actions, social-cultural and sports actions; h) exercise, according to the law, the financial management control at the credit cooperatives-associated popular banks. Activities referred to in lit. a), b), c) and g) of this Article shall be made at the request of the credit cooperatives-popular banks. + Chapter 3 Social parts + Article 71 The number of social parts to be subscribed by each associated cooperative organisation as well as the value of a social part shall be determined by the general meeting of the territorial house of credit cooperatives. + Article 72 When registering in the territorial house of credit cooperatives, the associated cooperative organizations pay at least 30% of the value of the subscribed social parts, and the difference is submitted no later than 2 years from the date of registration, at the deadlines set by general assembly. The social parts cannot be passed on to other natural or legal persons. + Article 73 The share of the profit of the territorial house of the credit cooperatives, which is left after the payment of the corporate tax and after the constitution of the funds according to the law, its own statutes and the norms approved by CENTROCOOP, shall be in proportion to the share of the share capital and dividends. + Chapter 4 Rights and duties of the associated cooperative organisations + Article 74 Credit cooperatives-popular banks, as associates in the territorial house of credit cooperatives, are properly applied the regulations on the rights and obligations of the associated cooperative organizations provided in art. 90 90 and 91. + Chapter 5 Termination of the associated quality + Article 75 Credit cooperatives-popular banks lose the status of associate at the territorial house of credit cooperatives, under the conditions of the regulations provided in art. 92 92-94 and in art. 96-98 96-98, which shall apply accordingly. + Article 76 The appeals regarding the non-admission decision of the withdrawal or exclusion of the associated cooperative organization from the territorial house of credit cooperatives shall be submitted to the Board of Directors of CREDITCOOP within 30 days from the date of the young general assembly of the territorial house of credit cooperatives. The decision of the Board of Directors of CREDITCOOP can be challenged at the Board of Directors of CENTROCOOP. + Chapter 6 Governing bodies + Article 77 The governing bodies of the territorial house of credit cooperatives are: a) general meeting; b) the Management Board; c) Executive Office. General Assembly + Article 78 The general meeting of the territorial house of credit cooperatives consists of representatives of all credit cooperatives-associated popular banks. The number of representatives shall be determined by the management board, in proportion to the number of members of the credit unions-popular banks + Article 79 Art. 32 32-41 shall also apply accordingly to the territorial houses of credit cooperatives. The General Assembly approves the association of credit cooperatives-popular banks at the territorial house of credit cooperatives and its association with FEDERALCOOP and CREDITCOOP. Board of Directors + Article 80 The administration of the territorial house of credit cooperatives is entrusted to a board of directors whose number of members is established by the general meeting so that each credit cooperative-the popular bank has at least one representative. The members of the board of directors must be Romanian citizens, cooperative members in credit cooperatives-popular banks within the territorial house of the respective credit cooperatives. + Article 81 In its first meeting, the board of directors shall elect from among its members a chairman and the other members of the executive office. + Article 82 Art. 42 42 para. 2 2, of art. 44 44-53 and art. 105 105 shall also apply accordingly to the territorial houses of the credit cooperatives. Executive Office + Article 83 The executive office of the territorial house of credit cooperatives leads the current activity in the period between the meetings of the board of directors and consists of 5-9 members, including the president. The Chairman of the Board is also the President of the Executive + Article 84 Art. 56 56-58 and art. 107 shall also apply accordingly to the executive office of the territorial house of credit cooperatives. + Title V Territorial Federal of Consumer and Credit Cooperatives-FEDERALCOOP + Chapter 1 Establishment of the territorial federation of consumer and credit cooperatives-FEDERALCOOP + Article 85 The territorial federal of consumer and credit cooperatives-FEDERALCOOP is constituted by the free association of consumer cooperatives and the territorial house of credit cooperatives within one or several counties. FEDERALCOOP performs operations in order to satisfy the needs of its associates, as well as its own economic activities. In association, each associated cooperative organization pays a registration fee established by the general assembly of FEDERALCOOP and underwrites one or more social parts. + Article 86 The registration of the territorial federation of consumer and credit cooperatives-FEDERALCOOP at the Trade Register is based on the act of constitution and its own status, elaborated on the basis of the framework statutory approved by the Congress of Consumer Cooperation And Credit. + Chapter 2 Subject of activity + Article 87 The object of activity of FEDERALCOOP consists of: a) represent the economic, financial, legal and social-cultural interests of consumer cooperatives and of the territorial house of credit cooperatives in front of public institutions and courts; b) support the cooperative organizations associated with financial means, for specified periods, for carrying out the current activity and for the development of the technical-material basis; c) carries out, through its units, commercial activities, production, performs works and provides services; d) supply, with priority, the associated consumer cooperatives, with goods and products; e) unfolds the products made by the associated consumer cooperatives; f) grants to cooperative organizations associated economic-financial, technical and legal assistance; g) collaborate with the consumer cooperatives associated in the conduct of the production, supply and sale activity, execution of works, service supplies, valorization on the internal or external market of agricultural products of the producers, as well as in the organization and development of livestock activity; h) set up shops, food establishments, tourism, warehouse of goods, branches and branches; i) organize and carry out transport activities with their own means for associated cooperative organizations and other economic agents; j) organize cooperations and associations with other cooperative units, with natural or legal persons in the country; participate in the share capital of some companies and establish own enterprises and companies; k) organize export-import activities, exchange of goods and cooperations with cooperative organizations or with companies from abroad; l) design and build investment objectives for associated cooperative organizations and for third parties; m) constitute data banks necessary for the associated cooperative organizations, organize computerization and management services for the design and implementation of applications of information systems and subsystems for consumer cooperatives, cooperative societies and undertakings, the territorial house of credit cooperatives and third parties; n) control compliance with the statutory provisions by the associated cooperative organizations; o) organize, under the law, the professional training and improvement of their staff and of the one of the associated cooperative organizations; p) undertake advertising and publicity actions for associated and third-party cooperative organizations, as well as social-cultural and sports actions for cooperative members. Activities referred to in par. 1 of this Article, intended for associated cooperative organisations, shall be carried out at their request. + Chapter 3 Social parts + Article 88 The number of social parts to be subscribed by each associated cooperative organisation as well as the value of a social part shall be determined by the general assembly of FEDERALCOOP. Upon registration in FEDERALCOOP, the associated cooperative organizations shall shed at least 30% of the value of the subscribed social parts, and the difference shall be submitted no later than 2 years from the date of registration, at the deadlines set by the general meeting. The social parts cannot be passed on to other natural or legal persons. + Article 89 The share of the profit of FEDERALCOOP, which is left after the payment of the corporate tax and after the constitution of the funds according to the law and its own statutes, shall be awarded to the cooperative organizations associated in proportion to the share of constitutes dividends. + Chapter 4 Rights and duties of the associated cooperative organisations + Article 90 The cooperative organizations associated with FEDERALCOOP have the following rights: a) receive from the annual profit dividends, the amount of which is approved by the general meeting; b) to benefit from economic, financial, legal, technical, professional training, as well as the material and social-cultural advantages arising from the activity of FEDERALCOOP; c) to carry out supply and sales activities through FEDERALCOOP; d) to participate through representatives at the general meetings of FEDERALCOOP; e) have representatives elected by the general assembly of FEDERALCOOP in its management and control bodies; f) to have representatives elected by the general assembly of FEDERALCOOP as delegates to the Congress of Consumer and Credit Cooperative. They may be chosen by the congress in the management and control bodies of CENTROCOOP; g) to address the management and control bodies of FEDERALCOOP with requests, referrals and proposals regarding its activity. + Article 91 The cooperative organizations associated with FEDERALCOOP have the following duties: a) to shed at the time the registration fee and the social parts subscribed; b) to communicate to FEDERALCOOP the balance sheet, statistical data and other information in relation to its activity; c) to participate in the financing of joint social-cultural-sports, protocol, advertising and advertising, training and improvement of professional training of personnel, international representation, cooperative self-help, investments, expert assistance and other common actions established by the law and the rules approved by CENTROCOOP; d) participate in the activities of FEDERALCOOP; e) to recognize and enforce the provisions of this Law and of the Statute; f) to carry out the decisions of the board of directors and general assembly of FEDERALCOOP, those of the Board of Directors and the Executive Office of CENTROCOOP, as well as those of the Congress of Consumer and Consumer Cooperation Credit, except for those of an indicative nature. + Chapter 5 Termination of the associated quality + Article 92 The quality of the associate ceases by withdrawing or excluding from FEDERALCOOP, by ceasing the activity of the associated cooperative organization, as well as by dissolving FEDERALCOOP. + Article 93 The withdrawal from the FEDERALCOOP of the associated cooperative organization may be made in cases where: a) the board of directors or the executive office of FEDERALCOOP does not perform its legal and statutory duties to the associated cooperative organization or to improperly violate these duties; b) the board of directors or the executive office of FEDERALCOOP causes damages to the associated cooperative organization; c) the board of directors or the executive office of FEDERALCOOP does not support, as a representative of the associated cooperative organization, its legitimate interests before public institutions and courts. The withdrawal decision shall be taken at the general meeting of the associated cooperative organization wishing to withdraw and shall be approved by the general assembly of FEDERALCOOP. + Article 94 The exclusion from the FEDERALCOOP of the associated cooperative organization may be made in cases where: a) put in delay, do not spill the social parts to which he obliged; b) refuse to apply the decisions of the general assembly and the board of directors of FEDERALCOOP, those of the Management Board and the Executive Office of CENTROCOOP, as well as those of the Congress of Consumer and Credit Cooperation, except those of an indicative nature; c) refuse to recognize and enforce the provisions of this Law and of the Statute. The exclusion decision is taken by the general assembly of FEDERALCOOP. The exclusion of the associated cooperative organization may be decided after the following measures have been taken in advance, in the order set out below: a) the warning to the board of directors of the associated cooperative organization; b) the dissolution of the board of directors of the associated cooperative organization and the appointment of an interim commission, until the meeting of its general meeting, which will hold new elections. The convocation of the general meeting will be made with the decision to dissolve the board of directors, in compliance with the legal and statutory provisions. + Article 95 The appeals regarding the non-admission decision of the withdrawal or exclusion from FEDERALCOOP of the associated cooperative organization shall be submitted to the Board of Directors of CENTROCOOP, and in the case of the territorial house of credit cooperatives, with the opinion of CREDITCOOP, within 30 days from the date of the young general meeting of the FEDERALCOOP which confirmed the non-admission of withdrawal or exclusion. The decision of the Board of Directors of CENTROCOOP may be appealed within 30 days of the notification. + Article 96 On the basis of the final decision of withdrawal or exclusion, the board of directors of FEDERALCOOP will order, within 15 days, to carry out a financial management control to verify the integrity of the patrimony of the cooperative organization the respective associates and for the determination of the debts that it has. The findings of the control shall be brought to the attention of the general meeting of the respective associated cooperative organization within 30 days of its completion. + Article 97 Upon withdrawal or exclusion the associated cooperative organization has the right to receive the paid social parts and the due dividends. + Article 98 The associated cooperative organisation which shall withdraw or which is excluded from the FEDERALCOOP shall benefit only from the rights provided for in art. 160-162 and in art. 177. + Chapter 6 Governing bodies + Article 99 The governing bodies of FEDERALCOOP are: a) general meeting; b) the Management Board; c) Executive Office. General Assembly + Article 100 The general assembly of FEDERALCOOP consists of representatives elected in general meetings of all associated cooperatives and of the territorial house of credit cooperatives. The number of representatives shall be determined by the FEDERALCOOP board of directors. + Article 101 Art. 32 32-41 shall apply accordingly and FEDERALCOOP, except art. 33 lit. e) and m). The General Assembly of FEDERALCOOP approves the association to FEDERALCOOP of consumer cooperatives and the territorial house of credit cooperatives, the association of FEDERALCOOP to CENTROCOOP and elect delegates to the Congress of Consumer and Credit Cooperation. The General Assembly of FEDERALCOOP also debates and approves the quarterly and annual programs on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account of the consumer cooperatives and the house territorial of credit cooperatives, associated. Board of Directors + Article 102 The administration of FEDERALCOOP is entrusted to a board of directors whose number of members is established by the general assembly so that each consumer cooperative, the territorial house of credit cooperatives and FEDERALCOOP has at least a representative. Administrators must be Romanian citizens, members in cooperatives, and be domiciled in the range of activity of FEDERALCOOP. Administrators are chosen for a period of 4 years. They are reeligible, unless otherwise stated in the statute. + Article 103 In its first meeting, the board of directors shall elect from among its members a chairman, vice-presidents, one of whom is the chairman of the territorial house of credit cooperatives, as well as the other members of the executive office. + Article 104 Art. 44 44-48 and art. 50 50-53 shall also apply accordingly to the board of directors of FEDERALCOOP. + Article 105 The Management Board shall, in particular, have the following tasks: a) analyze and submit to the approval of the general meeting the quarterly and annual programs on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account of FEDERALCOOP; b) submits to the general meeting the quarterly and annual programs on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account of the consumer cooperatives and the territorial house of the credit cooperatives, associated; c) support the economic-financial and organizational activity carried out by the associated consumer cooperatives and the territorial house of credit cooperatives and organize the proper administration of their own units; d) bring to fruition the decisions of the general assembly of FEDERALCOOP; e) debate and approve the information of the executive bureau and the conclusions of the censor committee f) proposes to the general meeting for approval the way of distribution of net profit and other rights or advantages that are granted to the associated cooperative organizations, as well as the way of covering possible losses; g) provide expert assistance on the establishment and reorganization of the associated consumer cooperatives; h) take measures to address the problems arising as a result of the liquidation of the associated consumer cooperatives; i) decides on the acquisition and disposal of goods, according to the regulations in force; j) decide on the establishment of own economic units; k) organize cooperation and association actions with other cooperative organizations, with natural or legal persons from the country or abroad, which they submit for confirmation to the general meeting; l) withdraw the mandate of the members of the executive office before its expiration: for serious deviations from the law or from the statute, for inactivity, or at their request; members for serious deviations from the law or from the statute, or for inactivity; complete, from the rows of the alternates, the places become vacant; m) approves the scheme of organization of FEDERALCOOP and its own units; n) avizes the dissolution, merger or division of the associated cooperative organizations that have suffered losses or that can no longer fulfill their purpose for which they were created, or carry out activities contrary to the provisions of this law; o) approve the program of training and improvement of the professional training of the personnel and ensure its fulfillment; p) approves, according to the regulations in force, the transition into different forms of organization and administration of own units; r) performs any other duties resulting from the law or which the general assembly establishes. Executive Office + Article 106 The Executive Office shall conduct the current work of FEDERALCOOP in the period between the meetings of the Management Board and shall consist of 7-14 members, including the President and the Vice-Presidents. The Chairman of the Board is also the President of the Executive + Article 107 Art. 56-58 shall also apply accordingly to the executive office of FEDERALCOOP. The Executive Office of FEDERALCOOP also has the following tasks: a) support the economic and financial activity of the associated consumer cooperatives, the territorial house of credit cooperatives and their own units; b) administer the funds of FEDERALCOOP on the basis of the rules of incorporation and their use, elaborated by CENTROCOOP; c) establishes the organizational scheme of FEDERALCOOP and its own units and submits them for approval to the board of directors; engages and dismisses its own staff and establishes its rights and obligations; d) organize the financial management control of the associated consumer cooperatives; analyze and capitalize on the control conclusions; e) participate, through representatives, in the boards of the cooperative societies and of the companies with capital belonging to FEDERALCOOP; f) participate, through representatives, in the competitions for filling positions of managers at consumer cooperatives and cooperative societies and enterprises with capital belonging to FEDERALCOOP. + Title VI House of Credit Cooperatives-CREDITCOOP + Chapter 1 Establishment of the House of Credit Cooperatives-CREDITCOOP + Article 108 The territorial houses of credit cooperatives are freely associated in the House of Credit Cooperatives-CREDITCOOP, which performs operations in order to satisfy their needs, as well as their own activities. In association, each territorial house of credit cooperatives pays a registration fee established by the board of directors of CREDITCOOP and underwrites one or more social parts. + Article 109 The registration of the House of Credit Cooperatives-CREDITCOOP at the Trade Register is made on the basis of the constitution and the status approved by the Congress of Consumer and Credit Cooperation. + Chapter 2 Subject of activity + Article 110 Art. 70 70 apply accordingly and CREDITCOOP. + Chapter 3 Social parts + Article 111 The number of shares to be subscribed by each associated cooperative organisation as well as the value of a social part shall be determined by the Board of Directors of CREDITCOOP. When registering in CREDITCOOP each territorial house of credit cooperatives pays at least 30% of the subscribed social parts, and the difference is submitted no later than 2 years from the date of registration, at the deadlines set by the Board of Directors of CREDITCOOP. The social parts cannot be passed on to other natural or legal persons. + Article 112 The share of the profit of CREDITCOOP, left after the payment of the corporate tax and after the constitution of the funds according to the law and its own status, is assigned to each associated cooperative organization, in proportion to the share of the capital social filed and constitutes dividends. + Chapter 4 Rights and duties of the associated cooperative organisations + Article 113 The associated cooperative organisations have the following rights: a) to benefit from short-term and medium-term loans from CREDITCOOP funds; b) receive from the annual profit dividends the amount of which is approved by the board of directors, in proportion to the share of the share capital; c) to benefit from economic, financial, technical, legal assistance, as well as other material and social-cultural advantages arising from the work of CREDITCOOP; d) to participate, by delegates chosen by the general assembly of FEDERALCOOP, at the Congress of Consumer and Credit Cooperation; e) have representatives elected by the Congress of Consumption and Credit Cooperation in the management and control bodies of CREDITCOOP and CENTROCOOP; f) to address the management and control bodies of CREDITCOOP and CENTROCOOP with requests, referrals and proposals regarding the activity of the territorial houses of credit cooperatives and credit cooperatives-popular banks. + Article 114 The associated cooperative organisations shall have the following duties: a) to shed at the time the registration fee and the social parts subscribed; b) to pay at maturity the rates and interest related to the loans contracted from CREDITCOOP; c) to transmit to CREDITCOOP the balance sheet and the statistical data on the performance of the quarterly programs, as well as the operative situations, monthly, at the set d) to participate in the financing of joint social-cultural-sports, protocol, advertising and advertising, training and improvement of professional training of personnel, international representation, cooperative self-help, investments, expert assistance and other common actions established by the law and the rules approved by CENTROCOOP; e) participate in the activities of CREDITCOOP; f) to bring to fruition the decisions of the Board of Directors and the Executive Office of CREDITCOOP, those of the Management Board and the Executive Office of CENTROCOOP, as well as those of the Congress of Consumer and Consumer Cooperation Credit, except for those of an indicative nature. + Chapter 5 Termination of the associated quality + Article 115 Art. 92-98 shall also apply to the cooperative organisations associated with CREDITCOOP. + Chapter 6 Governing bodies + Article 116 The management bodies of CREDITCOOP are: a) the Management Board; b) the executive office. Board of Directors + Article 117 The administration of CREDITCOOP is entrusted to a board of directors composed of 45-57 members, so that each territorial house of the associated credit cooperatives, CREDITCOOP, as well as CENTROCOOP have at least one representative. The Board of Directors is set up on the "Cooperative Credit-Popular Banks" section of the Congress of Consumer and Credit Cooperation and is confirmed by the plenary of the congress. Administrators must be Romanian citizens, members in a credit cooperative, and have their permanent residence in Romania. Administrators are chosen for a period of 4 years. They are reeligible, unless otherwise stated in the statute. + Article 118 In its first meeting, the board of directors elects a president, 1-2 vice-presidents, as well as the other members of the executive office. + Article 119 Art. 44 44-48 and art. 50 50-53 shall also apply accordingly to the Management Board of CREDITCOOP. + Article 120 The Management Board shall, in particular, have the following tasks: a) analyze, approve and submit to the confirmation of the Board of Directors of CENTROCOOP the quarterly and annual programs on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account of CREDITCOOP; b) analyze and endorse the quarterly and annual programs on economic and financial activity, the revenue and expenditure budget, the balance sheet and the profit and loss account of the territorial houses of the associated credit cooperatives; c) support the economic-financial and organizational activity carried out by the territorial houses of the associated credit cooperatives; d) bring to fruition the decisions of the Board of Directors of CENTROCOOP and of the Congress of Consumer and Credit Cooperation; e) debate and approve the information of the Executive Office of CREDITCOOP and the conclusions of the Audit Committee; f) proposes for approval to the Board of Directors of CENTROCOOP the distribution of net profit and other rights or advantages that are granted to the associated cooperative organizations, as well as the way of covering possible losses; g) provide expert assistance on the establishment and reorganization of the territorial houses of the associated credit cooperatives and take measures to solve the problems arising as a result of the liquidation of some of them; h) decides on the acquisition and disposal of goods, according to the regulations in force; i) withdraw the mandate of the members of the executive office, before its expiration, for serious deviations from the law or from the statute, for inactivity, or at their request; j) approves the scheme of organization of CREDITCOOP; k) solve any other problems regarding the activity of the credit cooperation, in compliance with the provisions of this law and the statute. Executive Office + Article 121 Art. 56-58 56-58, of art. 83 83 and art. 107 shall also apply accordingly to the Executive Office of CREDITCOOP. The Executive Office is composed of 7-11 persons, including the President and Vice-Presidents. + Title VII National Union of Consumer and Credit Cooperatives-CENTROCOOP + Chapter 1 Establishment of the National Union of Consumer and Credit Cooperatives-CENTROCOOP + Article 122 The National Union of Consumer and Credit Cooperatives-CENTROCOOP is constituted by the free association of the territorial federations of consumer and credit cooperatives and CREDITCOOP. At the association, the territorial federales of consumer and credit cooperatives and CREDITCOOP pay a registration fee, established by the Board of Directors of CENTROCOOP. + Article 123 CENTROCOOP is a non-governmental organization, which takes down legal personality by virtue of this law. + Article 124 CENTROCOOP is a nonprofit organization. The mobile and immovable availabilities of CENTROCOOP are valued directly or placed for recovery in cooperative societies and enterprises, in joint ventures or in other units. The income from placements obtained by CENTROCOOP is non-taxable and is used in full to set up special funds intended to cover administration and management expenses, as well as funds intended to support the movement cooperative and intraiding associated members: the common development fund, the professional training fund, the protocol fund, advertising and advertising, the social-cultural and humanitarian action fund, the scientific research fund and technological development, financial reserves for temporary support with money resources of organizations of consumer cooperation and credit cooperation and other funds established by the Board of Directors of CENTROCOOP. + Chapter 2 Subject of activity + Article 125 CENTROCOOP elaborates and applies the strategy and development program of consumer cooperation and credit cooperation and fulfillment of decisions adopted by the Congress of Consumer and Consumer Cooperation on supply and disposal. goods, services, food, tourism, food and non-food production, domestic and external production of the production by cooperative members and associated cooperative organisations, and of other natural or legal persons, the granting of credits to members cooperators and performing financial-banking services, as well as the realization of actions of a social-cultural and sporting nature for the inhabitants of the cities and villages, mainly for the cooperative members. + Article 126 In carrying out its object of activity, CENTROCOOP has the following main tasks: a) conduct studies and analyses on the evolution of the cooperative movement and its specific phenomena, in order to develop the activity and support the cooperative organizations associated with the implementation of the established strategy; b) organizes and pursues the application of laws and other normative acts, as well as of its own decisions by all organizations, companies and enterprises of consumer cooperation and credit cooperation, in compliance with the principle the autonomy and their specificity, setting out measures to prevent and eliminate their infringement; c) represent the economic-financial, legal and social-cultural interests of the organizations of consumer cooperation and credit cooperation in front of the presidential institution, as well as before the legislative, executive and judicial authorities; d) establish relations with cooperative organizations in other countries, as well as with cooperative organizations of an international nature; e) collaborate on the initiation and elaboration of draft laws and decisions of the Government concerning the activity of consumer cooperation and credit cooperation; f) issue binding rules for all organizations, companies and enterprises of consumer cooperation and credit cooperation on organizational structure, payroll and labor normalization, establishment and use of specific funds consumer cooperation and credit cooperation; g) exercise economic and financial control, guidance and supervision of FEDERALCOOP and other organizations and units of consumer cooperation and credit cooperation and provide them with technical-economic and specialized assistance; h) jointly with the consumer cooperation organisations and the general interest objective credit cooperation; i) initiates and negotiates, with cooperative organizations from other countries or with other external partners, agreements or other agreements of international cooperation and directs the activity of consumer cooperation and credit cooperation in this field; j) organize the study of internal and external market trends in order to guide the production activity, services, trade, food, tourism, export, import and credit to meet the needs of the cooperating members; k) organizes, finances and coordinates the cooperative education through its own schools, with the opinion of the Ministry of Education, as well as the preparation and improvement of the employees of the consumer cooperation and the credit cooperation; l) organize the information system, the methodology of technical-operative, statistical and accounting records of the units of consumer cooperation and credit cooperation; m) organizes the resolution of disputes between consumer cooperative organizations and credit cooperation; n) edit publications and advertising materials with specific content. Activities referred to in par. 1 of this Article, intended for associated cooperative organisations, shall be carried out at their request. + Chapter 3 Rights and duties of the associated cooperative organisations + Article 127 The associated cooperative organisations have the following rights: a) to benefit from economic, financial, technical, legal, IT, professional training, consulting, as well as material and social-cultural advantages arising from the activity of CENTROCOP; b) to benefit with priority from the services offered by CENTROCOOP companies and enterprises in the field of indoor and outdoor trade, food and non-food production, purchases of agri-food products from producers and others; c) to participate, through elected representatives, at the Congress of Consumer and Credit Cooperation, to choose and be elected to the management and control bodies of CENTROCOOP; d) to address the Congress of Consumer and Credit Cooperation, the censors committee, the Management Board and the Executive Office of CENTROCOOP with requests, referrals and proposals on improving the activity of consumer cooperation and Credit cooperation. + Article 128 The associated cooperative organisations shall have the following duties: a) to submit the registration fee at the time limits; b) to communicate to CENTROCOOP the balance sheet, statistical data and other information in relation to their activity; c) to participate in the financing of joint social-cultural-sports, protocol, advertising and advertising, training and improvement of professional training of personnel, international representation, cooperative self-help, investments, expert assistance and other common actions established by the law and the rules approved by CENTROCOOP; d) participate in the activities of CENTROCOOP which are of interest to the work of the associated cooperative organizations; e) to carry out the decisions and decisions of the Management Board and the Executive Office of CENTROCOOP; f) comply with the provisions of the present law and the CENTROCOOP Statute. + Chapter 4 Termination of the associated quality + Article 129 Art. 92 92-94 and art. 96-98 shall also apply to the cooperative organisations associated with CENTROCOOP. The decision on the request for withdrawal of an associated cooperative organization or its exclusion is approved by the Board of Directors of CENTROCOOP. Appeals regarding the non-admission decision of the withdrawal or exclusion of the associated cooperative organization shall be submitted, within 30 days from the date of their communication, to the Board of Directors of CENTROCOOP and submit to the debate and the approval of the Congress of Consumer and Credit Cooperation, which will be convened within 90 days from the date of receipt of the appeal. + Chapter 5 Governing bodies + Article 130 The management bodies of CENTROCOOP are: a) Congress of the Consumer and Consumer Cooperation; b) the Management Board; c) Executive Office. Congress of the Consumer and Consumer Cooperation + Article 131 The Congress of Consumption and Credit Cooperation consists of delegates elected in the general assemblies of FEDERALCOOP. The Board of Directors of CENTROCOOP sets the norm of representation for the election of delegates to the congress. + Article 132 The Congress of Consumption and Credit Cooperation is ordinary and extraordinary. The ordinary Congress shall be held every 4 years and shall be convened by the Management Board of CENTROCOOP. The extraordinary Congress is held whenever necessary and is convened by the board of directors or at the request of one third of the number of cooperative organizations associated with CENTROCOOP. If the board does not convene the ordinary or extraordinary congress, as the case may be, it shall be convened by the censor committee. The convocation of the congress and the agenda shall be announced at least 45 days before the date fixed. + Article 133 The Congress mainly has the following tasks: a) decide on the strategy of development of consumer cooperation and credit cooperation; b) debate and approve the report of the Board of Directors and the Audit Committee on the activity carried out by the consumer cooperation and the credit cooperation during the period between the congresses; administration; c) approve, modify and confirm, as the case may be, the framework statutes of consumer cooperatives, credit cooperatives-popular banks, the territorial houses of credit cooperatives and FEDERALCOOP, as well as the CREDITCOOP and CENTROCOOP statutes; d) approve or confirm the association to CENTROCOOP of FEDERALCOOP and CREDITCOOP; e) resolve the challenges regarding the non-admission, withdrawal or exclusion of the associated cooperative organizations from CENTROCOOP; f) choose, for 4 years, the Board of Directors and the Censorship Commission of CENTROCOOP; complete the board of directors or the committee of censors with new members, if their number has reduced by over a third, after all members alternates have been co-opted; g) decides the affiliation of CENTROCOOP to international cooperative organizations; h) decides to merge with other similar cooperative organizations, the division or dissolution of CENTROCOOP. + Article 134 Within the Congress of the Consumer and Credit Cooperation is the section "Cooperative credit-popular banks" that chooses the Board of Directors and the Audit Committee of CREDITCOOP. The board of directors and the committee of censors are confirmed by the plenary of the congress. + Article 135 In order for the work and decisions of the ordinary or extraordinary congress to be valid, the presence of at least two thirds of the number of delegates is required. Decisions of the congress shall be taken by secret or open ballot, with the vote of the majority of delegates present. Congressional rulings are binding on all cooperative organizations, even if they did not take part in the congress or voted against. + Article 136 If at the first convocation of the ordinary or extraordinary congress does not meet the number of delegates provided in art. 135, a second convocation will be made in the next 30 days. If this date does not meet the number of delegates requested, the congress will carry out its work and will be able to make decisions with the vote of the majority of the delegates present. Board of Directors + Article 137 The administration of CENTROCOOP is entrusted to a board of directors of 95 members and 15 alternates. In the number of members, the presidents of FEDERALCOOP and the president of CREDITCOOP, and the other members are elected by the Congress of Consumption and Credit Cooperation. Administrators must be Romanian citizens, residing in Romania, and members in a cooperative or shareholders in a company with majority cooperative capital. Administrators are chosen for a period of 4 years. They can be re-elected. + Article 138 In its first meeting, the board of directors shall elect, among its members, the Chairperson, the Vice-Presidents and the other members of the Executive Office. + Article 139 Art. 44 44-48 and art. 50 50-53 shall also apply accordingly to the Management Board of CENTROCOOP. + Article 140 The Management Board shall meet quarterly and whenever necessary, at the request of the Executive Office or a third of the number of members of the Management Board. The presence of at least two thirds of the number of administrators is required for the validity of the board's decisions. Decisions are taken with the vote of most of those present + Article 141 The Management Board shall, in particular, have the following tasks: a) convenes the Congress of Consumer and Credit Cooperation and establishes the norms of representation at the congress; b) bring to fruition the decisions of the congress; c) issue mandatory rules on payroll, labor normalization, establishment and use of funds specific to consumer cooperation and credit cooperation, under the law; d) develop draft framework laws for consumer cooperative organizations and credit cooperation, which they submit to the approval of the congress, and make changes to them in the period between congresses, within the limits of the powers given by congress; e) organize and perform, through its own apparatus, specialized assistance and economic control over the operations undertaken by the associated cooperative organizations and their own units, as well as their financial management control, taking measures in accordance with the law and the statute; f) decides to replace the elected members of the board of directors before the expiry of their mandate, for: serious deviations from the law or from the statute, for inactivity, or at their request. The replacement will be made from among the alternates, with the exception of the members of law whose replacement, for whatever reason, will be made with those who have been chosen in their place; g) it endorses the dissolution, merger or division of the associated cooperative organizations that have suffered losses or that can no longer fulfill their purpose for which they were created, or carry out activities contrary to the provisions of this law; h) approves the requests of the cooperative organizations of association to CENTROCOOP, as well as the withdrawals and exclusions from the association, in accordance with the provisions of this Law; i) approve the regulation of organization and operation of CENTROCOOP; j) approves the revenue and expenditure budget of CENTROCOOP; k) analyze and approve the annual accounts of the executive office, the balance sheet on the whole of consumer cooperation and credit cooperation and the report of the censor committee; l) analyze and debate quarterly and full year the reports of the Executive Office of CREDITCOOP on how to conduct the work of the credit cooperation; m) establishes the level of remuneration of administrators and censors and approves the share that is distributed for dividends; n) represents, through its authorized delegates, consumer cooperation and credit cooperation in relations with legislative, executive and judicial power, with other cooperative organizations, with non-governmental organizations and with the Cooperative Alliance International, as well as with economic agents from the country and abroad; o) exercise any other duties incumbent on him according to the law. Executive Office + Article 142 The Executive Office conducts the current work of CENTROCOOP during the period between the meetings of the Board of Directors and consists of 9-13 members, including the President and Vice-Presidents The Chairman of the Board is also the President of the Executive Office and CENTROCOOP. + Article 143 The executive office meets monthly and whenever needed. The decisions of the Executive Office shall be taken by the majority vote + Article 144 The Executive Office has the following main tasks a) bring to fruition the decisions of the board of directors and submit reports of activity; b) initiate actions for the payment of social parts subscribed by cooperative members and cooperative organizations, associated to the territorial houses of credit cooperatives, to FEDERALCOOP and to CREDITCOOP; c) analyze the requests for association or withdrawal from CENTROCOOP and submit them for approval to the board of directors; also, in accordance with the provisions of this law, propose to the board the dissolution, merger, division or the exclusion of associated cooperative organisations; d) support the economic and financial activity of FEDERALCOOP, CREDITCOOP, companies and enterprises with majority capital of CENTROCOOP; e) administer the common funds, constituted at CENTROCOOP, on the basis of the rules of incorporation and use approved by its board; f) approves the organizational structure of CENTROCOOP, commits and unfolds the labor contract of the employees CENTROCOOP, establishes the level of their salaries and submits them to the board of directors; g) participate, through representatives, on the boards of companies and enterprises with majority capital of CENTROCOOP; h) participate, through representatives, in the competitions for filling positions of managers at FEDERALCOOP and in companies and enterprises with majority capital of CENTROCOOP; i) performs any other duties entrusted by the board of directors or resulting from the needs of the operative performance of the activity, except those who are within the competence of the Congress of Consumer and Credit Cooperation or the Council by the administration of CENTROCOOP. + Title VIII Common provisions + Chapter 1 Censors + Article 145 The organizations of consumer cooperation and credit cooperation have 1-3 censors and all the alternates, if by statute it is not provided otherwise. Censors are chosen by the general assembly of each cooperative organization, namely the Congress of Consumer and Credit Cooperation. CREDITCOOP censors are chosen by the "Cooperative credit-popular banks" section of the Congress of Consumer and Credit Cooperation and are confirmed by the plenary of the congress. + Article 146 Censors must be Romanian citizens, with a permanent residence in Romania. At the territorial houses of credit cooperatives, FEDERALCOOP, and CREDITCOOP, as well as at CENTROCOOP, at least one of the censors must be an accounting or accounting expert authorized under the law. + Article 147 The censors of consumer cooperatives and of credit cooperatives-popular banks must be their cooperative members. FEDERALCOOP and CENTROCOOP censors must be cooperative members of an associated consumer cooperative. The censors of the territorial houses of the credit cooperatives and those of CREDITCOOP must be cooperative members to a credit cooperative-the associated popular bank. + Article 148 They cannot be censors, and if they have been elected, they fall from their mandate: a) relatives or afinii to the third degree including the spouses of the administrators; b) persons who receive, in any form, for functions other than that of censor, a salary or other remuneration from administrators or from the cooperative organization to which they are censors; c) persons who, according to the law, do not have exercise capacity or have suffered criminal convictions. + Article 149 Censors are required to file, within 30 days of their choice, half of the guarantee required by the administrators and receive an allowance set by the general assembly of the cooperative organization that elected them or the board of directors. administration of it. + Article 150 The censors are obliged to supervise and verify the entire management of the cooperative organization, regularly keeping the registers, preparing, in accordance with them and with the legal provisions, the accounting balance, the profit and losses, as well as whether the assessment of the patrimony has been done according to the rules established for the drawing up All this, together with the proposals they believe necessary on the balance sheet and the distribution of profit, the censors will present them to the body that elected them, in a thorough report. The General Assembly shall not approve the balance sheet and the profit and loss account if they are not accompanied by the report of the censors. + Article 151 Censors are also obliged: a) to make every month and unannounced the inspection of the house; b) to convene the ordinary or extraordinary general meeting, namely the Congress of Consumption and Credit Cooperation, when they were not convened by administrators; c) to participate in the ordinary or extraordinary general meetings of the cooperative organizations in which they were elected, respectively to the congress, requesting the inclusion on the agenda of the proposals they believe necessary; d) to find the deposit of the guarantee by the administrators; e) to ensure that the provisions of the law and of the statute are met by administrators and liquidators. The censors bring to the attention of the board the irregularities and violations of the legal and statutory provisions they find, and the more important cases bring them to the attention of the general assembly, namely the congress. The more important cases found in CREDITCOOP's work are brought to the attention of the Management Board of CENTROCOOP. The censors present annually, in front of the general meeting, reports about the work carried out. + Article 152 Censors participate, without the right to vote, at the meetings of the board of directors, and the chairman of the committee of censors also participates in the meetings + Article 153 The deliberations and findings made by the censors in the exercise of their mandate shall be recorded in a special register + Article 154 To fulfill the obligation provided in art. 150, the censors deliberate together; they can, in case of misunderstanding, make separate reports that they will present to the general assembly. For the other obligations imposed by law, censors can work separately. + Article 155 The extent and effects of the censorship liability are governed by the rules of the mandate. The revocation of censors is done only by the body that elected them. CREDITCOOP censors can be revoked by the CENTROCOOP Board of Directors, at the proposal of the executive office of CREDITCOOP. Art. 52 52 shall also apply to censors. + Chapter 2 Employees of the consumer cooperation and of the credit cooperation + Article 156 For the realization of its object of activity, consumer cooperation and credit cooperation use salaried personnel. + Article 157 Employees of consumer cooperation and credit cooperation can also be cooperative members. + Article 158 Employees of consumer cooperation and credit cooperation benefit from all rights and have all obligations resulting from the quality of employee, in accordance with the provisions of labor law. + Article 159 The employees of the consumer cooperation and of the credit cooperation, who also have the status of cooperative member or shareholder in the unit in which they operate, cannot be union members. + Chapter 3 Legal regime of property of consumer cooperation and credit cooperation + Article 160 The property of the organizations of consumer cooperation and credit cooperation is private, being protected by the law, and consists of a divisible part and an indivisible part. The divisible part comprises the social parts paid by the cooperating members, respectively by the associated cooperative organizations, which may be tangible movable property or immovable property, as well as the dividends due to the cooperating members, respectively associated cooperative organisations. At consumer cooperatives, the divisible part of the property also includes the share of the development fund related to the social parts subscribed and paid by the cooperative members, while they were members of the cooperative. The indivisible part includes the entire patrimony of the organizations of consumer cooperation and of the credit cooperation, accumulated by them during their entire activity, except the divisible part provided in par. 2 2 of this Article, owned by consumer cooperatives, credit cooperatives-popular banks, FEDERALCOOP, territorial houses of credit cooperatives, CREDITCOOP and CENTROCOOP, based on the accounting balance sheets of the end of the year before the entry into force of the present law, as well as the goods subsequently acquired by them. + Article 161 The indivisible portion of the property of the consumer cooperative organizations and the credit cooperation cannot be appropriated by the cooperative members or the associated cooperative organizations. In case of division of a cooperative organization, the indivisible part of its property shall be divided among the resulting cooperative organizations, on the basis of the contribution of the members of the cooperating cooperators. In the case of exit from the cooperative, for any reason, the social parts provided for in art. 160 160 para. 2, to which the due portion of the acquired gain or the damage of the cooperative is added or decreased, according to the last accounting balance approved by the general meeting. + Article 162 Immobilized and circulating assets, property of cooperative organizations, as well as those in the administration of cooperative enterprises and companies may be disposed of or put into use, only with payment, under the legal provisions and statutory. Any alienation, with any title, made in violation of these provisions, is void of law. Dividends or interest due to cooperative members can be traced by personal creditors, only to the extent of the non-coverage of the claim, from the wealth of the following cooperators. The immobilized assets, property of the consumer cooperative organizations and the credit cooperation, which were passed without payment in the state property, will be returned to them. Applications for restitution shall be submitted to the competent courts within one year from the date of entry into force of this Law. These applications are exempt from stamp duty. Where such goods cannot be returned in kind, the consumer cooperation and the credit cooperation organisations shall be compensated. The provisions of the preceding paragraphs shall also apply accordingly to the circulating means. + Chapter 4 Financial means of consumer cooperation and credit cooperation + Article 163 The financial means of the consumer cooperation and of the credit cooperation come from: a) the registration fees; b) the paid shares; c) profit made from its own activity or from holdings; d) other means from contributions of organizations of consumer cooperation and credit cooperation to special funds, arbitration fees, pluses of values found on the occasion of the inventory of assets, fines imposed by the authorized special control, donations, sponsorships and the like; e) dividends resulting from the activity of companies and enterprises to which the consumer cooperative and credit cooperation organizations participate with social capital; f) contributions of the associated cooperative organizations, for: schools of consumer cooperation, improvement of professional training of personnel, cooperative propaganda, advertising and advertising, investments and other funds constituted at the level CENTROCOOP, CREDITCOOP, FEDERALCOOP and the territorial house of credit cooperatives. + Article 164 Funds of consumer cooperatives, credit cooperatives-popular banks, territorial houses of credit cooperatives, FEDERALCOOP, enterprises, companies and other economic agents of the consumer cooperation and The credit cooperation is: a) the development fund; b) the reserve fund; c) the risk fund; d) social parts. The amounts for social-cultural-sports, protocol, advertising and advertising, training and improvement of professional training of personnel, of international representation, of cooperative self-help are deductible when calculating taxable profit, according to the law. CENTROCOOP may constitute, from the deductible amounts referred to in par. 2 2 of this Article, financial means for the joint financing of these shares. + Article 165 The financial means of CENTROCOOP shall be made from the dividends from the units to which it participates with the share capital and the contribution of the FEDERALCOOP, CREDITCOOP, the companies and the cooperative undertakings. + Article 166 CENTROCOOP's financial means are used to cover administration and management expenses, award of employees, investments, provision of loans, provision of provisions, payment of allowances and premiums administrators and censors, social-cultural-sports actions, support for humanitarian action, scientific research and technological development, printed and printing. Such funds for actions of general interest can also be constituted by the territorial houses of credit cooperatives, by FEDERALCOOP and by CREDITCOOP. The Regulation establishing and using these funds shall be approved by the Management Board of CENTROCOOP. Activities of general interest on the promotion of the cooperative movement, the preparation and improvement of the workforce, the development and maintenance of the material basis of education, the performance of training and improvement internships in the country and in abroad, the organization and participation in cooperative actions, national and international competitions, symposia, exchanges of experience, exhibitions, fairs and the like are financed according to the law. + Article 167 Consumer cooperatives, credit cooperatives-popular banks, the territorial houses of credit cooperatives, FEDERALCOOP and CREDITCOOP will be able to cover the annual non-imputable losses from the profit related to total revenues in the next 2 years. The remaining unrecovered shall be covered by the following funds in the following succession: a) the reserve fund; b) the risk fund; c) the development fund; d) social parts. If these funds do not cover the losses, the judicial liquidation of the cooperative organization will be carried out, if the general meeting, namely the Board of Directors of CENTROCOOP, as the case may be, does not decide that the cooperative members or cooperative organizations associated with remaking through new subscriptions the share capital. + Article 168 The financial year begins on 1 January and ends on 31 December. At the newly-established units the financial year begins on the date of registration at the Trade Register and ends on 31 December. + Chapter 5 Registers + Article 169 Apart from the records provided by law, the following registers shall also be held at each organization of the consumer cooperation and credit cooperation: a) a register of the cooperative members, respectively of the associated cooperative organizations, in which the name and surname will be entered, namely the name of each associated cooperative organization, the domicile, respectively the headquarters, the date of registration or the association, withdrawal or exclusion of each person, the social parts subscribed, the payments made to the account of the social parties and the withdrawn social parts; b) a register of meetings, deliberations and decisions of general meetings; c) a register of meetings, deliberations and decisions of the board of directors; d) a register of meetings, deliberations and decisions of the Executive Office; e) a register of deliberations and findings made by the censors in the exercise of their mandate. + Chapter 6 Dissolution, merger and division of consumer cooperative and credit cooperation organisations + Article 170 The dissolution and merger of the consumer cooperative and credit cooperation organizations may take place in the following situations: a) the impossibility of carrying out the activity b) the decision of the general meeting of the cooperative organization, respectively of the Congress of Consumer and Credit Cooperation, in the case of CREDITCOOP and CENTROCOOP; c) diminishing the share capital in a proportion that damages the functioning of the cooperative organization, if the cooperative members do not decide to complete it; d) the reduction of the number of members, so that the operation of the cooperative organization is no longer justified or the reduction of the number of members of cooperatives under the one provided for in this law, if more than 6 months have passed from it and it has not completed; e) bankruptcy. + Article 171 The division of consumer cooperative organizations and credit cooperation can be done in a situation where the economic and social interests of the cooperative members demand it. + Article 172 The decision on the dissolution, merger and division of consumer cooperatives, credit cooperatives-popular banks, territorial houses of credit cooperatives and FEDERALCOOP is taken by the general meeting of the respective cooperative organization, at the proposal of the Management Board or at the request of at least one third of the number of cooperative members or associated cooperative organisations, as appropriate. The merger of several organizations is decided by the general assembly of each. The decision on the dissolution, merger or division of CREDITCOOP and CENTROCOOP shall be taken by the Congress of Consumer and Consumer Cooperation. + Article 173 The decision on the dissolution, merger or division of cooperative organizations shall be registered with the Trade Register. The registration at the Trade Register of cooperative organizations that have been established by merger or division shall be made, as the case may be, in accordance with the provisions of art. 10, 69, 86 and 109. + Chapter 7 Liquidation of consumer cooperative and credit cooperation organisations + Article 174 The liquidation of organizations of consumer cooperation and credit cooperation shall be made by liquidators appointed by the general meeting of the respective organization or by judicial decision. In the case of CREDITCOOP and CENTROCOOP, the liquidators are designated by the congress. Liquidators shall enter into service only after the submission of their signatures to the Trade Register. All acts issued by the cooperative organization that are liquidated must show that it is in liquidation. + Article 175 Liquidators have the same responsibility as administrators. They are obliged, immediately after the entry into service that, together with the administrators, to make the inventory and to conclude the accounting balance that ascertain the exact situation of the asset and liability of the cooperative organization and to sign them. Liquidators are obliged to receive and preserve the patrimony of the cooperative organization, the registers entrusted to them by the administrators and its acts. They will also keep a register with all the operations of the liquidation, in the order of their date. Liquidators shall fulfil their mandate under the control of censors. The liquidators may not pay the cooperative members or cooperative organizations associated any amount in the account of the parties that would be due to them from liquidation, prior to the payment of the other obligations of the cooperative organization. + Article 176 After the end of the liquidation, the liquidators draw up the final accounting balance, sign it and, accompanied by the report of the censors, submit it to the Trade Register, requesting the deletion of the cooperative organization. + Article 177 In the event of liquidation, withdrawal or exclusion of a consumer cooperative from FEDERALCOOP to which it is associated, the remaining asset and liability after payment of the divisible part shall be redistributed to other associated consumer cooperatives, designated by the Council of administration of FEDERALCOOP, based on the up-to-date accounting balance. If the designated cooperatives refuse to take full or partial ownership of the remaining assets, it will be taken over by FEDERALCOOP to which that cooperative is associated. If the cooperative that withdraws or is excluded from FEDERALCOOP is associated with another neighbouring territorial federal, the provisions of par. 1 1 of this Article shall not apply. Provisions of para. 1 1 and 2 of this Article shall also apply to credit cooperatives-popular banks, to the territorial houses of credit cooperatives, FEDERALCOOP and CREDITCOOP. + Chapter 8 State facilities for consumer cooperation and credit cooperation + Article 178 The profit tax rate for consumer cooperation organizations is set at 25%, except for the provisions art. 2 2 para. (1) of Government Ordinance no. 70/1994 . + Article 179 The organizations of consumer cooperation and credit cooperation are exempt from paying tax on buildings for 5 years from the commissioning of the objectives. + Article 180 The advantages granted by the state to private producers for the development of plant and animal agricultural production, the distribution of selected seeds, facilitations for the procurement of breed reproducers, facilitations for the purchase of cars and agricultural machinery, for the sale of agri-food products and the granting of low-interest loans, also benefit the consumer cooperative organizations, enterprises and cooperative societies. + Title IX Contraventions and offences + Article 181 It constitutes contraventions and is punishable by a fine of 100,000 lei to 500,000 lei the following: a) the act of administrators or censors not to convene the general assembly, thereby determining that the cooperative organization remains for more than 3 months without a board of directors or committee of censors to have the number of members necessary to make judgments; b) the act of the administrators to approve the performance of activities other than those provided for in the activity referred to in art. 15 15, 60, art. 70 70 para. 2 and to art. 87 87; c) non-compliance by administrators, censors and liquidators of the provisions of this law regarding the merger, division, dissolution and liquidation of cooperative organizations. The contraventions are found by the competent control bodies of the state, as well as by those specially authorized for this purpose by CENTROCOOP. The appeals against the minutes of finding are addressed to the courts, within 30 days of the communication of the respective minutes. + Article 182 It constitutes a crime and is punishable by imprisonment from one month to 6 months the refusal of administrators, liquidators or officials to hand over the assets of the cooperative organization or the act of continuing the exercise of office after the suspension or removal from it. + Article 183 It is a crime and is punishable by imprisonment from one month to 3 months or with a fine from 500,000 lei to 1,000,000 lei the use as a title in companies, acts or correspondence of the names "consumer cooperative", "consumcoop", " cooperative of credit-popular bank "," territorial house of credit cooperatives "," territorial federal of consumer and credit cooperatives "" FEDERALCOOP "," House of Credit Cooperatives "," CREDITCOOP "," National Union of Consumer and Consumer Cooperatives " Credit "," CENTROCOOP "or the abbreviation" Coop. ", by individuals or persons Legal entities that do not comply with the conditions + Article 184 The facts provided in art. 182 and 183 are intended to notify the control bodies of the organizations of consumer cooperation and credit cooperation. + Article 185 Provisions art. 181-184 is completed with the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, except art. 25-27. + Title X Final and transitional provisions + Article 186 CENTROCOOP, CREDITCOOP, FEDERALCOOP, the territorial houses of credit cooperatives, consumer cooperatives and credit cooperatives-popular banks may constitute cooperative enterprises and cooperative societies with full cooperative capital and may be participate in the formation of companies by association with Romanian or foreign investors. The assets of the consumer cooperation organizations and of the credit cooperation, representing the contribution to the share capital of the companies thus constituted, remain the property of the respective cooperative organizations. Enterprises and companies thus constituted do not benefit from the facilities provided in art. 178 and 179 of this law. The formation of cooperatist companies and cooperatives with full cooperative capital, as well as the participation in the formation of companies by association with Romanian or foreign investors, shall be decided by the board of directors of each cooperative organizations, in compliance with the legal provisions in the field. Companies and cooperative societies, established with full cooperative capital, shall be registered with the Trade Register as the cooperative organizations with which the capital was constituted. The status of cooperative organizations can be provided for the organization of units without legal personality (branches, branches, agencies, shops, food establishments, tourist and hotel units, wards, workshops, fixed points of cashier, payment points, etc.) for the realization of the object of activity. The criteria for establishing these units without legal personality shall be established by the Management Board of CENTROCOOP, in compliance with the principles of the legislation in force. + Article 187 Land transmitted into use, for an indefinite period and without payment, in order to carry out construction for the activity of consumer cooperation organizations and credit cooperation, maintain this legal regime for the duration of its existence the respective constructions in the ownership of cooperative organizations. Buildings built on the land provided in par. 1 of this Article may be subject to mortgage, following that the legal regime of the land shall be regulated by civil contract between the owner of the land and the new owner of the building. + Article 188 Expenses incurred for the payment of salaries of personnel who provide practical training of existing students, at the time of the occurrence of this law, in the schools of consumer cooperation, included in the educational plans approved by the Ministry Education, are borne from the state budget until their graduation. + Article 189 The president of CENTROCOOP is assimilated with the position of minister, and the vice presidents with the secretary of state. + Article 190 The territorial houses of credit cooperatives are the rightful successors of the county commissions of credit cooperatives. FEDERALCOOP are the rightful successors of the county unions of consumer and credit cooperatives. CREDITCOOP is the rightful successor of the Central Commission of Credit Cooperatives. CENTROCOOP is the rightful successor of the Central Union of Consumer and Consumer Cooperatives. Consumer cooperatives, credit unions-popular banks, county unions of consumer and credit cooperatives, county commissions of credit cooperatives, the Central Commission of Credit Cooperatives, as well as the Central Union of Credit Cooperatives. The Consumer and Credit-CENTROCOOP cooperatives, existing on the date of entry into force of this law, will adopt their own statutes, based on the framework statutes developed by the CENTROCOOP Board of Directors, in accordance with the provisions of the the present law, within 6 months from the date of entry into force of this Law. The framework statutes will be confirmed by the Congress of Consumer and Credit Cooperation. Their statutes will be approved by the boards of each cooperative organization and confirmed by its first general assembly. These statutes and their subsequent amendments are subject to the legal regime provided for in art. 10, 69, 86 and 109. + Article 191 Consumer cooperatives, credit cooperatives-popular banks, territorial houses of credit cooperatives and FEDERALCOOP, not associated according to this law, will be subject to financial management control, which will be carried out, within the limits provided by the legislation in the field, by the financial control bodies of the cooperative organizations to which they can associate, according to the law. The control will be carried out at least once a year or in one of the following situations: a) at the request of the general meeting of the unassociated cooperative organization; b) at the request of the censor committee; c) at the request of at least one tenth of the number of cooperative members or three associated cooperatives, as the case may be. The control findings will be presented to the general assembly of the controlled cooperative organization. The measures established to eliminate the deficiencies found, appropriated by the general assembly, can be challenged at the court within which the verified cooperative organization is located. + Article 192 This law enters into force on the date of its publication in the Official Gazette of Romania. On the same date is repealed Decree-Law no. 67/1990 on the organization and functioning of the consumer and credit cooperation, as well as any other provisions contrary to this law. This law was adopted by the Chamber of Deputies at the meeting of September 23, 1996, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of 24 September 1996, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE ------------