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Law No. 156 Of 7 October 1997 On The Financial Coverage Of Debts Towards The State And Other Legal Persons, Left By Abolishing The Former Agricultural Cooperative Production

Original Language Title:  LEGE nr. 156 din 7 octombrie 1997 privind acoperirea financiară a datoriilor fata de stat şi de alte persoane juridice, rămase în urma desfiinţării fostelor cooperative agricole de producţie

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LEGE no. 156 156 of 7 October 1997 on the financial coverage of debts to the State and other legal entities, left behind the abolition of former agricultural production cooperatives
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 271 271 of 9 October 1997



The Romanian Parliament adopts this law + Article 1 Debts left unpaid to the state and other legal entities following the abolition of former agricultural production cooperatives, according to Law of Land Fund no. 18/1991 , are extinguished according to the provisions of + Article 2 It cancels the debts to the state budget, the state social insurance budget, including the contribution to social security for farmers, left unpaid by the former agricultural production cooperatives to which the liquidation operation was the heritage has been completed. + Article 3 The lending banking companies will bear from the risk fund the bank loans left defaulted by the former agricultural production cooperatives to which the liquidation operation of the patrimony has been completed. The interest calculated on these loans is cancelled and is borne from the provisions set up by the creditor banking companies. + Article 4 The remaining unpaid debts to other legal entities and in their records on the date of entry into force of this Law shall be covered from the reserve fund of the legal persons concerned. + Article 5 Territorial bodies of the Ministry of Finance, based on the enforceable securities prepared under the law, transmitted for execution by the liquidation commissions established according to Law of Land Fund no. 18/1991 , have the obligation to follow and collect the debits highlighted in the liquidation balance sheets belonging to the former agricultural production cooperatives abolished according to the law, which are made income to the state budget, including the amounts collected before the date of entry into force of this Law. If the debtor cannot be identified or is insolvent, the territorial bodies of the Ministry of Finance will apply the legal provisions regarding the procedure in case of insolvency. + Article 6 Debts to the state and other legal entities, left after the end of the operations of liquidation of the patrimony belonging to the former agricultural production cooperatives, provided in art. 2, 3 and 4, shall be established, according to the law, on the basis of liquidation balances and debt-finding documents, prepared by the liquidation commissions constituted according to Law of Land Fund no. 18/1991 , endorsed by the territorial bodies of the Ministry of Agriculture and Food and the Ministry of Finance, as well as the lending banking companies. + Article 7 Debts to the state and other legal entities, which will be established, according to the law, for the former agricultural cooperatives of production to which the liquidation operation of the patrimony has not been concluded, shall be solved according to the provisions of art. 2 2, 3 and 4, as the completion of this operation and on the basis of the balance sheets of the patrimony and the acts of finding of debts, prepared by the liquidation commissions constituted according to Law of Land Fund no. 18/1991 , endorsed by the territorial bodies of the Ministry of Agriculture and Food and the Ministry of Finance, as well as the lending banking companies. + Article 8 The Prefect, as a representative of the Government, will refer the prosecutor's office to the competent court, regarding the acts committed by the members of the liquidation commissions who caused damage by non-compliance with the obligations established by Law of Land Fund no. 18/1991 . The Prefect will take the necessary measures so that, within 60 days from the date of entry into force of this Law, all the commissions for the liquidation of the assets belonging to the former agricultural production cooperatives shall present the liquidation balance, the explanatory report and the acts of finding debts to the State and other legal entities, left after the end of the liquidation operations, except those they have filed according to the law. Failure to comply with the deadline provided 2 constitutes contravention and is sanctioned with a fine of 200,000 lei to 500,000 lei for each member of the liquidation commission who is guilty of it. The finding of the contravention and the application of the fine shall be made by the prefect or his/her. Insofar as this law does not otherwise have, the contraventions provided for in this Article shall apply to its provisions Law no. 32/1968 establishing and sanctioning contraventions. + Article 9 The provisions of this law also apply to debts left unpaid to the state and other legal entities as a result of the liquidation of the patrimony, under the conditions Law of Land Fund no. 18/1991 , of the former intercooperative economic associations that did not reorganize into commercial companies on shares, according to the law. + Article 10 Revenues made from the administration or valorisation of the goods of the former agricultural production cooperatives, which, art. 28 of the Land Fund Law no. 18/1991 , have passed into the private property of the communes, towns and municipalities where they are located, shall be paid to the local budget of the administrative-territorial unit in question. This law was adopted by the Senate at the meeting of September 11, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of September 15, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU -------