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Law No. 207 Of 12 December 1997 Approving Government Emergency Ordinance Nr. 30/1997 On The Reorganization Of The Autonomous Public Corporations

Original Language Title:  LEGE nr. 207 din 12 decembrie 1997 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 30/1997 privind reorganizarea regiilor autonome

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LEGE no. 207 207 of 12 December 1997 for approval Government Emergency Ordinance no. 30/1997 on the reorganisation of autonomous regions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 366 366 of 18 December 1997



The Romanian Parliament adopts this law + Article UNIC Government Emergency Ordinance no. 30/1997 on the reorganization of autonomous regions, published in the Official Gazette of Romania, Part I, no. 125 of 19 June 1997, as amended, shall be approved with the following amendments and additions: 1. In Article 1, paragraphs 2 and 3 shall read as follows: " (2) The relevant ministries and other central or local public administration authorities under the authority of which the autonomous kings are organized and operate have the obligation that, within 90 days from the entry into force of the approval law of the present emergency ordinance, to finalize the programs for the reorganization of autonomous regions. (3) The authorities of the central or local public administration under the authority of which the autonomous regions operate will order, for each of them, the reorganization measures by individual administrative acts, except activities of national interest to be regulated by law, on the basis of the reorganisation programmes provided for in the preceding paragraph. " 2. In Article 2, paragraphs 1 and 2 shall read as follows: "" Art. 2. -(1) After the elaboration of the programmes provided for in 1 1 para. (2), the autonomous regions will be reorganized as commercial companies, in the forms provided by law at the date of reorganization. (2) Commercial companies on shares resulting from the reorganization of autonomous regions, having as their object activities of national public interest, may be referred to as national companies or national companies, as the case may be, and will be subject to the privatization, under the law. " 3. Article 3 shall read as follows: "" Art. 3. -(1) The autonomous regions for which, based on the programs provided for in art. 1 1 para. (2), it was decided to reorganize as commercial companies or, by exception, as autonomous kings, will be able to be divided in accordance with the provisions of the individual administrative act of reorganization. (2) The commercial companies resulting from the reorganization of the autonomous regions shall take over the rights and obligations of the autonomous regions of the transformation or division of which resulted, within the limits and under the conditions established by the administrative acts individual reorganization. " 4. In Article 4, paragraphs 1, 3 and 4 shall read as follows: "" Art. 4. -(1) The initial social capital of the companies resulting from the reorganization of the autonomous regions, assessed by the rules in force, is established by the individual administrative act of reorganization, with the opinion of the Ministry of Finance, of the relevant ministries and/or local public administration authorities, as the case may be, and shall be fully paid on the date of their establishment. '; "" (3) The goods of the category referred to in the preceding paragraph, under the administration of the autonomous regions which are reorganized, shall be awarded to the resulting companies, on a term that is established by the individual administrative act of reorganization. The companies resulting from the reorganization of the autonomous regions have the obligation to conclude, through the care of their administrators, the concession contracts within 30 days from the date of registration in the Trade Register. (4) The control of the concessionaire's compliance with the obligations assumed by the concession contract is made according to the law. " 5. Article 6 (1) shall read as follows: "" Art. 6. -(1) Of the amounts actually collected for shares or shares sold/divested according to art. 5 5 para. (2) of the present emergency ordinance, in the case of companies resulting from the reorganization of local autonomous regions, a quota of 40% shall be paid to the local budget, in the case of national companies and national companies, a quota of 20% shall be paid to the state budget, and another 20% share flows to the Special Development Fund. " 6. in Article 6, after paragraph 7, paragraph 8 is inserted, with the following contents: " (8) The methodological rules in force for determining, directing and carrying out the control of the destination of the amounts that are left, free of charge, at the disposal of the companies shall apply accordingly to the autonomous regions and privatized in accordance with the provisions of this emergency ordinance. " 7. Article 7 (1) shall read as follows: "" Art. 7. -(1) In the case of autonomous regions which through reorganization programs are dissolved and liquidated without proceeding with their reorganization as companies, the amounts resulting from the sale of their assets will have the following destination: a) for autonomous regions of national interest, the amounts are paid to the Special Development Fund at the disposal of the Government, to stimulate small and medium-sized enterprises, on programs; b) for autonomous regions of local interest, a 20% share is paid to the Special Development Fund at the disposal of the Government, and the 80% share is made to the local budget. " 8. Article 8 (1) shall read as follows: "" Art. 8. -(1) The authorities of the central or local public administration that have under the authority the autonomous kings will proceed with their reorganization, within 6 months from the entry into force of the law approving this emergency ordinance. " 9. Article 10 (3) shall read as follows: "(3) The individual administrative act ordering the reorganization of an autonomous kingdom shall provide for the commercial company or the authority that substitutes for the autonomous direction in the pending disputes in which it was a party." 10. Article 12 shall read as follows: "" Art. 12. -(1) They are exempted from the application of the provisions of this emergency ordinance: National Forest Regia, Autonomous Direction "Official Gazette", Autonomous Direction "National Lottery", Autonomous Direction "National Imprimeria", Autonomous Direction " Mint State "," Multiproduct "Autonomous Regia, Autonomous Regia" Administration of the State Protocol Heritage ", Autonomous Regia" National Road Administration of Romania ", Autonomous Direction" Rasirom ", Autonomous Direction" Army Arsenal ", Autonomous Direction "Rami-Dacia", The Autonomous Direction "Romtechnique", as well as other kings that constitute natural monopoly of strategic interest or certain public services of national interest. (2) The autonomous regions referred to in par. ((1) may be restructured by the separation of related activities and the establishment of joint stock companies with those objectives of activity. " This law was adopted by the Chamber of Deputies at the meeting of November 10, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of 10 November 1997, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE -------