Law No. 88 Of 28 May 1997 Approving Ordinance No. 39/1996 Concerning The Establishment And Operation Of The Deposit Guarantee Fund In The Banking System

Original Language Title:  LEGE nr. 88 din 28 mai 1997 pentru aprobarea Ordonanţei Guvernului nr. 39/1996 privind înfiinţarea şi funcţionarea Fondului de garantare a depozitelor în sistemul bancar

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071018/-lege-nr.-88-din-28-mai-1997-pentru-aprobarea-ordonanei-guvernului-nr.-39-1996-privind-nfiinarea-i-funcionarea-fondului-de-garantare-a-depozitelor-n-s.html

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Law No. 88 of 28 May 1997 approving Ordinance No. 39/1996 concerning the establishment and operation of the deposit guarantee fund in the banking system, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 107 of 30 May 1997, the Romanian Parliament adopts this law.


The sole article approving Ordinance No. 39 of 28 august 1996 on the establishment and operation of the deposit guarantee fund in the banking system, issued pursuant to art. and (b). d) of law No. 65/1996 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 206 of 30 august 1996, with the following amendments and additions: 1 article 4, paragraph 2, letter g) shall read as follows: "(g)) deposits of natural persons who have obtained specifically from same company banking, interest or other financial benefits under preferential conditions. For the purposes of this Ordinance, be treated as preferential conditions by a depositor, John Fahy, a banking company, interest rates or other financial benefits that exceed the levels charged by this company for banking deposits of the same nature, the same currency, same class, the same length and the same amount. The Fund may determine, through its regulations, and other criteria to be taken into account in defining the conditions. "
2. Article 5 (2) shall read as follows: "(2) the Fund will change the size of the half-yearly guarantee ceiling referred to in paragraph 1. (1) by its indexing with the consumer price index press release National Commission for statistics, rounded off to the nearest thousand lei. "
3. In article 9 (7) shall read as follows: "(7) the Annual Contributions made by banking companies are recognized as expenses deductible from the tax point of view."
4. Article 10 (3) shall read as follows: "(3) the special contributions made by banking companies under conditions laid down in paragraph 1. (1) are recognized as expenses deductible from the tax point of view. "
5. In article 14 (3) shall read as follows: "(3) the Fund may ask the Government to guarantee its loans, the latter being obliged to take a decision in this regard within a period of 15 days from the date of the application."
6. In article 15 (1) shall read as follows: Art. 15. — (1) the Fund has current account opened at the National Bank of Romania, which pays interest on the credit balance of the account, under the conditions fixed by the Board of Directors of the National Bank of Romania. "
7. Article 30 (7) shall read as follows: "(7) the Board of Directors deliberates validly concluded in the presence of at least 5 of its members."
8. In article 31 (a)), d) and (f)) shall read as follows: ") called and the Chief Executive Officer;"
"d) administer and supervise the work of the Fund and Executive Director general;"
' f) require from the National Bank of Romania and the banking companies with the necessary documents and information officers in good conditions the Fund; "
9. Article 33 c) and e letters) shall read as follows: "(c) approve the conclusion, modification) and undoing individual employment contracts with the employees of the Fund;"
"e) of the management board or its President works drawn up by law enforcement officials, asking for their endorsement, agreed to run or to other organs;"
10. Article 37 shall read as follows: Art. 37.-to carry out the external audit, the Fund will be able to use independent accountants or companies of accounting expertise. "
11. Article 40 (2) shall read as follows: "(2) at the request of the Board of Trustees of the Fund, banking companies will communicate any information necessary for the performance of its duties which are not available at the National Bank of Romania."
12. Article 41 paragraph 1 shall read as follows: Art. 41. — (1) for the performance of its duties, the Fund will be able to use independent accountants or companies of accounting expertise, to examine a company's accounting today. Such a review can take place only after approval by National Bank of Romania. "
This law was adopted by the Chamber of deputies at its meeting on 3 March 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN this law was adopted by the Senate at its meeting of 12 May 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN — — — — — — — — — — — — — — —