Law No. 207 of 12 December 1997 approving Government Emergency Ordinance nr. 30/1997 on the reorganization of the companies ISSUING autonomous PARLIAMENT Published in MONITORUL OFICIAL nr. 366 of 18 December 1997, the Romanian Parliament adopts this law.
The sole article of the Government Emergency Ordinance nr. 30/1997 on the reorganization of companies, published in the Official Gazette of Romania, part I, no. 125 of 19 June 1997, with subsequent amendments, shall be approved with the following amendments and supplements: 1. In article 1, paragraphs (2) and (3) shall read as follows: "(2) the ministries and other central public administration authorities or local authority and are organised 1900 works are required, within 90 days after the entry into force of the law of this emergency Ordinance , to finalise restructuring programmes of autonomous public corporations.
(3) central public administration authorities or local authority to which operates the autonomous administrations shall provide, for each of these, the reorganisation measures by individual administrative acts, except for the activities of national interest which shall be regulated by law, on the basis of the reorganisation programmes referred to in the preceding paragraph. "
2. In article 2, paragraphs (1) and (2) shall read as follows: Art. 2. — (1) After drawing up the programmes provided for in article 10. 1 (1). (2) the autonomous administrations will be reorganized as a company, in the forms provided for by law at the time of reorganization.
(2) joint stock companies resulting from the reorganization of companies, involving the activities of the national public interest, may be described as national companies or corporations, as appropriate, and shall be subject to the process of privatization, according to the law. "
3. Article 3 shall read as follows: Art. 3. — (1) the autonomous Administrations for which, on the basis of the programmes referred to in article 1. 1 (1). (2), it was decided to reorganize as private companies or, by exception, like 1900, can be divided in accordance with the provisions of the individual administrative reorganization.
(2) companies resulting from the reorganization of the autonomous public corporations take over the rights and obligations of the autonomous public corporations from the transformation or splitting of which resulted, within the limits and under the conditions laid down in the administrative reorganisation of the individual. "
4. In article 4, paragraphs (1), (3) and (4) shall read as follows: Art. 4. — (1) the share capital of companies resulting from the reorganization of companies, assessed after the rules in force, shall be fixed by the administrative reorganisation act individually, with the opinion of the Ministry of finance ministries and/or local public administration authorities, as appropriate, and pour in full on the date of their establishment. "
"(3) the assets of the category as set forth in the preceding paragraph, in the administration of the autonomous public corporations that are reorganized, it concesioneaza company results, a period shall be fixed by the administrative reorganisation act individually. Companies resulting from the reorganization of the autonomous public corporations are required to conclude, by their managers, concession contracts within 30 days from the date of registration in the commercial register.
(4) compliance with the obligations of the concessionaire under the concession contract may be punished according to the law. "
5. In article 6 (1) shall read as follows: Art. 6.-(1) amounts received for the shares sold/licensed under art. 5 para. (2) of this emergency Ordinance, in the case of companies resulting from the reorganization of the local autonomous public corporations, a 40 per cent share of the local budget is disbursed, in the case of national companies and national companies, a 20% share of the spill from the State budget, and another 20% share spill at special fund. "
6. In article 6, paragraph 7 is inserted after paragraph 8, with the following contents: "(8) detailed rules applicable to the determination of control, compliance with transfer and destination of sums to be let free, available to companies apply properly privatized public corporations and in accordance with the provisions of this Ordinance."
7. In article 7 (1) shall read as follows: Art. 7. — (1) in the case of autonomous public corporations through reorganization programs are dissolved and liquidated without proceeding to reorganize their companies, the amounts arising from the sale of assets will have their next destination: a) the autonomous administrations of national interest, amounts to the special fund shall be disbursed for development available to Government, to stimulate small and medium enterprises , on programs;
b) for autonomous local administrations, a quota of 20% pour la development special fund available to the Government, and 80% share revenue in the budget shall be made locally. "
8. Article 8 (1) shall read as follows: Art. 8. — (1) the Central Public Administration Authorities or local authority that they would act in 1900 to reorganize them, within six months after the entry into force of the law of this emergency Ordinance. "
9. In article 10 (3) shall read as follows: "(3) the individual administrative Act ordering the reorganization of a 1900 stipulates that the company replace the authority of the autonomous public corporation in ongoing litigation in which it was the quality of the side."
10. Article 12 shall read as follows: Art. 12. — (1) Are exempted from the application of the provisions of this emergency Ordinance: Forest National, Autonomous Official Gazette Regia ", directed by" Autonomous National Lottery ", directed by" Autonomous National Printing Office, directed by the "Autonomous State Mint", directed by "Autonomous", directed by Multiproduct Autonomous "State Heritage Administration Protocol", directed by "Autonomous National Administration of roads in Romania", directed by "Autonomous Rasirom", directed by "Autonomous" Army Arsenal, directed by Rami Dacia "-Autonomous" , Directed by Autonomous "Romtehnica", as well as other Kings constituting the natural monopoly of strategic interest or certain public services of national interest.
(2) the autonomous Administrations listed in paragraph 1. (1) can be restructured through related activities detachment and establishment of joint-stock companies having such objectives. "
This law was adopted by the Chamber of deputies at its meeting on 10 November 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 on 10 November 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE PRESIDENT-----