Law No. 329 2 October 1947 (republished) for setting up agricultural promissory with amended and supplemented-Reprint published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 118 of 24 May 1948 Article 1 in order to meet the needs for agricultural credit, set up the ticket order.
Article 2 Are applicable promissory dispoziţiunile agricultural law on the Bills of Exchange and promissory, published in Official Gazette No. 100 of 1 may 1934, as amended, to the extent they are not modified by the law of the face.
Article 3 Ticket to agricultural order must include the name of the promissory note, the text of the ticket itself last.
Article 4 the Ticket value of agricultural order authentic instrument, certification semnaturilor (iscalitura or placing of finger) and a table of contents or, in rural communes, of notary of the place of issue and the commune in urban communes by the Commissioners of the police district, and you invested, in both cases, with their seal.
The same certification can be done in rural townships or urban, National Bank of Romania through his legal representatives, for promissory agriculture received in its portfolio.
Article 5 the ticket orders may comprise successive formation of due guarantees and securities and real estate. Text promissory agriculture will include, as appropriate, the entries: "due to successive" and "real" guarantee in article 6 Scadentele real guarantees constituted successive will be shown in an annex of the promissory for agriculture which, signed by the issuer and any guarantors or avalisti, will be part and parcel of the ticket order under art. 4. Article 7 shall mention Scadentele successive payment amounts at each due date, full payment of the amount for lent and set out in the promissory.
At each due date, with payment due will be issued to the payer, or receipt will be detached from the agricultural annex promissory coupon with the mention of the amount due and paid, which will be issued to the payer.
Article 8 Guarantees, whether movable or immovable, whether by the issuer, guarantors or avalisti in order to guarantee payment of the agreed scadentele, will be described in the notes promissory, with all particulars necessary for the proper identifications.
By way of derogation from the rock dispoziţiunile legal, real guarantees, whether movable or immovable, pledged to guarantee payment of the promissory plant, become opposable to third parties, through their inclusion in a special register, set up for that purpose and held at town halls.
Mortgages will be entered in the special register, kept at the Town Hall in which can be found situated buildings pledged collateral.
Moveable property is presumed to be located in the town of constituientul guarantee of normal residence; and the inclusion of the pledge will be made in the special register kept by the City Hall of this joint.
Register of guarantees will be numbered, initialled and snuruit, through the care and responsibility of the National Bank of Romania.
Keeping of the register and the particulars in the register will be made by the notary, in suburban or urban communes.
In the book, and only at the request of Banca Naţională a României, opt, in order of presentation, constitute guarantees (pledges or mortgages), with the following terms; serial number, date of entry, the name of the person pronoun which constitute guarantee, warranty, or indication of the place of residence (the pledge or mortgage), the date of the radiation inscripţiei.
It is believed to be part and parcel of this workbook copies notarized by the National Bank of Romania, under art. 56 of law No. 1,056 1946 for etatizarea National Bank of Romania, on the agricultural order tickets with their annexes, which will be forwarded to city halls, in view of the guarantees and which will be kept in the order of their inclusion, through caring for bodies responsible for carrying out these entries.
Article 9 Notaries in rural communes and municipalities or their special delegations for that purpose, in suburban or urban municipalities, are required to verify and certify, based on research that will be done.
Identity, wealth and ocupatiunea survey-type B.N.R. signatories and their spouses, and whether the answers regarding ownership of movable and immovable property provided under warranty and with regard to the reality of the reasons for requesting a loan are sincere and real. For the learned book this designation will be the date the two witnesses stiutori book that will sign, along with the primary certification or notary. You will need certification date within three days after receipt of the questionnaire, which from.
Shall be punished by imprisonment from 6 months to 2 years ' dela 2 years and by a fine between 5,000 and 50,000 criminal dela-Ron, notaries, mayors or their delegates, who in bad faith, in compliance with certifications will be made reality.
Shall be punished with imprisonment from one year correctional facility at five years and with fine which from 10,000-100,000 criminal lei, applicants for loans and guarantees that the herb, in bad faith, to give untrue answers, or they will make their statements, omissions in order to obtain loans.
Shall be punished by imprisonment from 15 days correctional dela 3 months and 500 criminal fines dela-5,000 lei, notaries, mayors or their delegates, who will refuse, without just reason, the above certifications, or they will not give in to the 3-day term referred to above.
Article 10 Ticket orders outstanding at the due date, agricultural is considered rightfully protested, without it being necessary for the performance of formality in protest.
In the event of non-payment on the due date of the rates referred to in annex promissory, the beneficiary is entitled to proceed to investing appended to each coupon due, in part, in accordance with the second subparagraph of article dispoziţiunile. 61 and 62 of the law on the Bills of Exchange and promissory. In this case, the execution is going to be done first and foremost upon property, securities pledged as collateral for the remaining uncovered, execution will be done on the estate.
In the event of non-payment on the due date of the amount borrowed, or three of the above mentioned rates, the latest beneficiary is entitled to proceed to investing the enforceability of promissory investment agricultural, being valid for the exercise of direct actions or cambial regress, and executing all the guarantees provided for in art. 5. Non-payment of the three rates referred to in annex promissory, decade all signatory obligation promissory future agricultural benefit time limits, and enforcement against them will be able to be done for the entire remaining amount for payment.
Movable and immovable property, mortgaged or pledged to guarantee the execution of the obligations from the order ticket, will be removed in the forced sale and awarded, even if the common law or special property laws are inalienable or imperceptible.
Article 11 the Court of the domicile of the issuer, is competent to settle in first and last instance court investment applications, oppositions and actions concerning cambial ticket order, with the right to appeal to court, whatever the amount of promissory.
Article 12 enforcement against the obligations from the order ticket, follow the appropriate procedure code and through the tax authorities, or according to common law, at the option of the creditor.
Article 13 the order Ticket, lodging of guarantees by these debt securities, legal actions of any kind and made runs under are exempt from any charges and tax stamps, contribuţiuni, Simpson, judicial or municipal services.
Benefit from the same exemption applications and certificates obtained from the presence of tax law for hard perceptions of front, applications and certificates issued by the town councils of rural, suburban or urban, and land cards in the face of hard law, as well as books and records of any kind, dockets, art.22.the assets, receipts, etc., used or issued by the National Bank of Romania, for operations related to your ticket order.
The above exemptions are considered listed among the exemptions provided for by the law of stamps and any other laws.
Article 14(3) Notwithstanding any contrary legal dela dispoziţiuni, National Bank of Romania, may establish branches and agencies without authorization, other than the decision of the general Council of the National Bank of Romania.
The inclusion of these branches and agencies in the commercial register, will be made free of any charges, postage or contribuţiuni, by State, County, Township, chambers of Commerce, or any other public instituţiuni.
Article 15 are exempt from any taxes, fees and tax stamps, Simpson, judicial, municipal or contribuţiuni of any kind, transfers of receivables made by the agricultural credit institutions, the National Bank of Romania.
Benefit from the same relief assignment of securities portfolio, snapped and the whole procedure and records of any kind relating to such assignment.
Exemptions from the foregoing paragraphs shall apply to claims and guarantees on the craftsmen from rural areas.
The benefit of the exemption granted by this article, the National Bank will attest.
Ticket orders and bills of common law in circulation after the entry into force of the present law, issued by the farmers and debtors that are or will be found in the portfolio of Banca Naţională a României, is considered, in the event of non-payment, protestate law school through reaching maturity, without carrying out any formalities.
Remain in the Bank versus obligo lyrics the national team of Romania, credit institutes which have endorsed, or opened for input of bills of Exchange or promissory notes from the National Bank of Romania, even if they arrived in maturity, will be replaced by promissory notes, in which credit institutions are no longer listed as required. Until full payment of these bonds, credit institutes mentioned above, will not be able to alienate or encumber, under any circumstances, their wealth or furniture without the written authorization of the Realty, and prior to the National Bank of Romania.
Until full payment of these bonds, credit institutes mentioned above, will not be able to alienate or encumber, under any circumstances, their wealth or furniture without the written authorization of the Realty, and prior to Banca Naţională a României, The execution runs over movable or immovable property of any credit institutes, courts are obliged to cite ex officio National Bank of Romania who will be entitled to put concluziuni on the reality, the amount of the claim and the retention of what you run, as well as the opportunity to award the price obtained by forced selling.
In the event of non-compliance with dispoziţiunilor above, constituirile, as well as voluntary or forced sales will not be applied to the National Bank of Romania.
Article 16-National Bank of Romania is authorized to elaborate the rules necessary for the putting into circulation of the promissory plant, by which will be established and those categories will be able to use the ticket order.
Also, the National Bank of Romania is authorized to elaborate the rules necessary for the entry into service of the ticket order, through to be determined and those categories will be able to use the ticket order.
Also, the National Bank of Romania, will be able to draw up its own rules of aplicatiune of the law, which, published in the Official Gazette, will have the power of a regulation of public administration.
National Bank of Romania, dispoziţiunile art. 41 of the law on the organisation and regulation of Commerce Bank, amended by law No. 590 of 1945, both for loans on the basis of promissory note, and direct loans of any kind.
Article 17 Any contrary provisions of this law dispoziţiuni, am and remain repealed.
Note *); 2 of Decree No. 25, published in Official Gazette No. 109 from 13 May 1948, is full text of Republic law No. 329 Octomvrie 2, 1947, for the establishment of the promissory plant, including modifications and additions made to the later, with a new numbering of the articles.
Published in Official Gazette number 118 dated 24 May 1948.