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Law No. 329 2 October 1947 (Republished) For Setting Up Agricultural Promissory With Amended And Supplemented-Reprint

Original Language Title:  LEGE nr. 329 din 2 octombrie 1947 (*republicată*) pentru înfiinţarea biletului la ordin agricol cu modificările şi completările ulterioare - Republicare

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LEGE no. 329 329 of 2 October 1947 (* republished *) for the establishment of the agricultural ticket with subsequent amendments and completions-Republication
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 118 118 of 24 May 1948



+ Article 1 In order to meet the credit needs of agricultural holdings, the agricultural ticket is established. + Article 2 The provisions of the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on the law on Girl. + Article 3 The ticket to agricultural order must include the name of the ticket to agricultural order, passed in the very text of the ticket. + Article 4 The agricultural ticket has an authentic instrument value, through the certification of signatures (iscalitura or laying of finger) and its contents, made, in rural communes by the notary of the commune of the place of issue and in the urban communes by the commissioners Police of the constituency, and invested, in both cases, with their seal. The same certification can be made, in the urban or rural communes, by the National Bank of Romania through its legal representatives, for the agricultural tickets received in its portfolio. + Article 5 The ticket to the agricultural order may include successive maturities and the constitution of real securities and real estate. The text of the ticket to the agricultural order will include, as is the case, the terms of: "successive maturities" and "with real guarantee" + Article 6 Successive maturities and real guarantees constituted will be shown in an annex of the ticket to the agricultural order and which, signed by the issuer and by the eventual guarantors or avalists, will be an integral part of the ticket to the order according to art. 4. + Article 7 The successive maturities will mention the payment amounts at each maturity, for the complete payment of the amount borrowed and provided for in the agricultural ticket. At each maturity, with the payment, the receipt due to the receipt will be issued, or it will be held from the annex of the ticket to the agricultural order the coupon with the mention of the maturity and the amount paid, which will be issued to the payer. + Article 8 The real securities, securities or real estate, constituted by the issuer, guarantors or avalists to guarantee the payment at the agreed maturities, will be described in the annex of the ticket to the agricultural order, with all the mentions necessary for a good identification. By way of derogation from the legal provisions in force, the real securities, securities or real estate, constituted for guaranteeing the payment of the ticket to the agricultural order, become opposable to third parties, by registering them in a special register, established in this purpose and held at the mayors. The mortgages will be entered in the special register, held at the town hall within which the buildings constituted guarantee are located. Movable property is presumed to be located within the commune where the constituent of the guarantee is domiciled; and the registration of the pledge will be made in the special register held by the town hall of this commune The guarantee register will be numbered, initialled and snugged, through the care and responsibility of the National Bank of Romania. Keeping the register and making mentions in the register will be made by the notary, in the suburban or urban communes. In this register, and only at the request of the National Bank of Romania, will be entered, in the order of presentation, the guarantees constitute (gajuri or mortgages), making the following mentions; the order number, the date of registration, the name and pronouns of the person who constitutes the guarantee, domicile or, indication of the guarantee (pledge or mortgage), date of deletion of the inscription. It is considered to be an integral part of this register certified by the National Bank of Romania, according to art. 56 of Law No. 1.056 of 1946 , for the ethatization of the National Bank of Romania, from the agricultural tickets with their annexes, which will be submitted to the mayoralties, in order to register the guarantees and which will be kept in the order of their registration, through the care of the with making these enrolments. + Article 9 Notaries in rural communes and mayors, or their special delegates for this purpose, in suburban or urban communes, are obliged to check, and to certify, on the basis of research what they will do. Identity, wealth and occupation of the signatories of the questionnaires-type B.N.R. and their wives, as well as whether the answers on the ownership of movable and immovable property offered in the guarantee and on the reality of the reasons for which the loan is requested are sincere and real. For the bookies this certification will be given to two witnesses of the book who will sign the certification, along with the mayor or notary. Certification will have to be given within three days of receipt of the questionnaire. They will be punished with correctional imprisonment from 6 months to 2 years and with criminal fine from 5,000-50,000 lei, notaries, mayors or their delegates, who in bad faith, will make certifications not in accordance with reality. They will be punished with correctional imprisonment from 1 year to 5 years and with criminal fine from 10,000-100,000 lei, loan applicants and guarantee constituents who, in bad faith, will give improper answers to reality, or will make omissions in their statements, for obtaining credits. They will be punished with correctional imprisonment from 15 days to 3 months and with criminal fine from 500-5,000 lei, notaries, mayors or their delegates, who will refuse, without just reason, the above certifications, or will not give them within the 3-day period provided for up. + Article 10 The ticket to agricultural order not paid at maturity shall be considered to be protested by law, without the formality of fulfilling the protest. In case of non-payment at maturity of the rates referred to in the Annex of the ticket to the agricultural order, the beneficiary shall be entitled to proceed to the investment with the enforceable formula of each coupon due, in part, in accordance with the provisions of art. 61 and 62 of the law on bills and bills. In this case, the execution is to be made first on the securities, constituted as a guarantee, and for the remaining part uncovered, the execution will be made on real estate. In case of non-payment at maturity of the loan amount, or of three of the above mentioned rates, the last beneficiary, is entitled to proceed to the investment with the enforceable formula of the ticket to the agricultural order, the investment being valid for the exercise of direct cambiale or regression actions and for the execution of all guarantees provided by art. 5. Non-payment of three rates mentioned in the annex of the ticket to agricultural order, decade on all obligations signatories of the ticket to agricultural order for the benefit of future deadlines, and the execution against them can be made for the entire remaining amount of payment. Securities and real estate pledged or mortgaged to guarantee the execution of bonds from the ticket to agricultural order, will be able to be put up for sale and adjudicated, even if according to the common law or special laws these goods are inalienable or indistinguishable. + Article 11 The court of the issuer's domicile is the power to settle, in the first and last resort court, the investment claims, the oppositions and the bills relating to the agricultural ticket, with the right of appeal to the court, whatever the value of the balance sheet. + Article 12 Enforcement against obligations in the agricultural ticket, is to be followed according to the tax procedure code and the tracking tax authorities, or according to the common law, at the choice of the creditor. + Article 13 The ticket to the agricultural order, the constitution of the real guarantees by these credit securities, the legal actions of any kind and the executations made under them are exempt from any taxes, contributions and tax stamps, of bar, judicial or Communal. It benefits from the same exemption the applications and certificates obtained from tax perceptions in the application of the present law, applications and certificates issued by rural, suburban or urban municipalities, as well as land books, in the application of the law present, as well as the registers and documents of any kind, borderos, payment sheets, receipts, etc., used or issued by the National Bank of Romania, for the operations regarding the agricultural ticket. The above exemptions are considered to be entered among the exemptions provided by the stamp law and any other laws. + Article 14 By way of derogation from any legal provisions to the contrary, the National Bank of Romania may establish branches and agencies, without further authorization, than the decision of the General Council of the National Bank of Romania. The registration of these branches and agencies in the commercial register, will be made with exemption from any kind of taxes, stamps or contributions, to the State, county, commune, Chambers of commerce, or any other public institutions. + Article 15 They are exempt from any taxes, tax and tax stamps, bar, judicial, communal or contribution of any kind, the disposals of agricultural claims made by the credit institutes, to the National Bank of Romania. It benefits from the same exemption the disposal of the guarantees of the agricultural portfolio, ceded as well as the entire procedure and documents of any kind, regarding such disposals. Exemptions from the preceding paragraphs shall apply to claims and guarantees on rural craftsmen. The benefit of the exemption granted by this article will be attested by the National Bank of Romania. The ticket to the order and the common law bills in circulation on the date of entry into force of the present law, issued by agricultural debtors and found or will be found, in the portfolio of the National Bank of Romania, shall be considered, in case of non-payment, protest by law by reaching maturity, without the need to fulfill any formalities. They remain in obligo, compared to the National Bank of Romania, the credit institutes that have endorsed, or presented for bills of bills or promissory notes to the National Bank of Romania, even if they, maturing, will be replaced by tickets to agricultural order, in which the credit institutes no longer appear as obliged. Until the full payment of these bonds, the above-mentioned credit institutes, will not be able to alienate or strike, under any circumstances, their mobile or immovable wealth, without the written and prior authorization of the National Bank of Romania. Until the complete payment of these bonds, the above-mentioned credit institutes will not be able to alienate or strike, under any circumstances, their mobile or immovable property, without the written and prior authorization of the National Bank of Romania, in the forced on the mobile or immovable property of any credit institutions, the courts are obliged to quote ex officio the National Bank of Romania, which will be entitled to conclude on the reality, the amount and the chargeability of the claim that is executed, and the appropriateness of adjudication at the price obtained by forced sale. In case of non-compliance with the above provisions, the constitutions of tasks, as well as voluntary or forced sales will not be opposable to the National Bank of Romania. + Article 16 The National Bank of Romania is authorized to develop the necessary norms for the circulation of the ticket to agricultural order, which will also determine the categories of those who will be able to use the ticket to agricultural order. Also, the National Bank of Romania is authorized to develop the necessary norms for the circulation of the agricultural ticket, which will also determine the categories of those who will be able to use the ticket to agricultural order. Also, the National Bank of Romania, will be able to develop a regulation on the application of the present law, which, published in the Official Gazette, will have the power of a public administration regulation. The National Bank of Romania, benefits from the provisions of art. 41 of the law on organization and regulation of bank trade, modified by Law No. 590 of 1945 , both for loans granted on an agricultural ticket basis and for direct credits of any kind. + Article 17 Any provisions contrary to the provisions of this law shall be repealed. Note *) According to art. 2 of Decree No. 25, published in the Official Gazette No. 109 of May 13, 1948, the full text of the Law No. 329 of 2 Octomvrie 1947 , for the establishment of the ticket to the agricultural order, encompassing the amendments and completions subsequently brought, with a new numbering of the articles. Published in the Official Gazette number 118 dated 24 May 1948. ----------