Law No. 217 of 17 November 1998 approving emergency Government Ordinance No. 39/1997 on the amendment and completion of the law management contract No. 66/1993 PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 446 of 23 November 1998, the Romanian Parliament adopts this law.
The sole article approving Government Emergency Ordinance nr. 39 of 10 July 1997 amending and completing the law on management of contract No. 66/1993, published in the Official Gazette of Romania, part I, no. 151 of 11 July 1997, with the following amendments and supplements: 1. In article I, section 1, article 1 shall read as follows: Art. 1.-the management Contract is a legal agreement between the person who carries out an economic activity, as the owner, and a manager to whom is entrusted with organizing, managing and directing the work of the owner, on the basis of objective and quantifiable performance criteria, in Exchange for a payment. "
2. In article I, section 2, article 2 shall read as follows: Art. 2.-the provisions of this law shall apply to companies in which the State holds shares relating to a rate of at least 50% of the share capital, including those resulting from the reorganisation of public corporations. "
3. In article I, section 5, article 5 ^ 1 shall read as follows: Art. 5 ^ 1. -With a view to the appointment of the Manager, the Board of Directors, in accordance with the mandate of the General Assembly of shareholders/members, constitute a Committee of selection having the following functions: (a) drafting of the request for tender) and the criteria for the selection of the Manager, which it shall submit to the Board for approval;
b) Organization and conduct of the competition for the selection of the Manager;
c contest winner) appointment selection. "
4. In article I, section 6, article 6 paragraph 1 shall read as follows: "the selection published in two newspapers of national and local prevalence and displays on the premises of company offer and application criteria for the selection of the Manager."
5. In article I, section 7, article 7 2 shall read as follows: "the Commission of selection shall, within 15 days from the date of expiry of the deadline for the submission of tenders, selecting and prioritizing them, depending on the score obtained by each bidder. Within 10 days of the appointment of the candidates will be the winner of the contest and will be returned to the offers, with indication of reasons for that. "
6. In article I, section 8, article 8 shall read as follows: Art. 8.-the methodology concerning selection of managers and contract management will be elaborated by the State property Fund, in consultation with the ministries concerned. "
7. In article I, section 12, article 13 paragraph 1 shall read as follows: "the objectives and performance criteria are quantitative and value expression, the main results of the trading company, which the Manager undertakes to obtain them through leadership, organizing and managing its activity."
8. In article I, section 13, article 13 paragraph 4 shall read as follows: "State property Fund may refer to the Minister regarding the performance criteria, in order to adapt them to the strategy expected for this area."
9. In article I, section 15, article 14 paragraph 1 shall read as follows: "in order to achieve the performance criteria laid down in the contract, the Manager is vested by the Board of Directors with full powers to organize, manage and lead the work of the company, within the limits established by the contract management" 10. In article I, section 16, article 14 paragraph 2) (a) shall read as follows: ' a) apply development policies and strategies of the company, together with its Board of Directors; "
11. In article I, section 17, article 14, paragraph 2 (c)) shall read as follows: "(c) negotiate collective contract manager) work respecting the budget of revenue and expenditure, approved by law;"
12. In article I, section 20, article 14 paragraph 2) shall read as follows: ") abilitari set by other controls."
13. In article I, section 21, article 2 shall read as follows: "the share of profits from the trading company Manager, 75% will be distributed at nominal value shares against cash from this listing, of those issued by the agent on the market and managed by State property Fund."
14. In article I, paragraph 30, article 23 shall read as follows: Art. 23.-the list of managers and administrators to cancel shall be drawn up by the State property Fund and shall be made monthly, for display at its local subsidiaries, local offices of the executive authorities and the national trade register Office. "
15. In article II, paragraph (1) shall read as follows: "(1) within 15 days after the date of publication of this Ordinance in the Official Gazette, the State property Fund and ministries will proceed to amend and supplement the relevant methodology concerning selection of managers and contract management, which it will submit to the Government for approval."
This law was adopted by the Chamber of deputies at its meeting of 19 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN this law was adopted by the Senate at its meeting of 19 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR — — — — — — — — — — — —