Law No. 161 Of 19 April 2003

Original Language Title:  LEGE nr. 161 din 19 aprilie 2003

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Law No. 161 of 19 April 2003 (* updated *) on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption (updated 1 January 2016) ISSUER-PARLIAMENT------Parliament adopts this law.


Book I General rules for preventing and combating corruption, title I, the transparency of budgetary information on outstanding obligations Article 1 Repealed.
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Art. 1 was repealed by lit. s) art. Act No. 354 207 of 20 July 2015, published in MONITORUL OFICIAL nr. 547 of 23 July 2015.


Article 2 Repealed.
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Art. 2 c has been repealed. s) art. Act No. 354 207 of 20 July 2015, published in MONITORUL OFICIAL nr. 547 of 23 July 2015.


Article 3 Repealed.
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Art. 3 c was repealed. s) art. Act No. 354 207 of 20 July 2015, published in MONITORUL OFICIAL nr. 547 of 23 July 2015.


Article 4 Repealed.
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Art. 4 c was repealed. s) art. Act No. 354 207 of 20 July 2015, published in MONITORUL OFICIAL nr. 547 of 23 July 2015.


Article 5 Repealed.
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Art. 5 was repealed by lit. s) art. Act No. 354 207 of 20 July 2015, published in MONITORUL OFICIAL nr. 547 of 23 July 2015.


Title II information and Transparency in the management of public services by electronic means, chapter I General provisions Article 6 (1) this title lays down the objectives, principles, terms and conditions of use of electronic access to information and public services and supply, as well as general insurance rules, by electronic means, information and transparency of public services as an integral part of the public administration reform.
  

(2) public authorities will provide public information and services electronically along with traditional procedures.
  


Article 7 objectives of this title are as follows: reduction of public expenditure) fighting bureaucracy and corruption at the level of public institutions;
  

b) increase transparency in the use and administration of public funds;
  

c) improved access to information and public services in accordance with the law on the protection of personal data and the free access to information of public interest;
  

d) eliminating direct contact between the clerk at the counter and citizen or trader;
  

e) provision of information and high-quality public services through electronic means;
  

f) enhancing administration of public institutions to fulfil their role and objectives and to ensure, in a transparent manner, the information and public services;
  

(g) promoting cooperation between institutions) for the provision of public services by electronic means;
  

redefining the relationship between h) citizen and public administration respectively between business and public administration, for the purpose of facilitating their access to public services and information through information technology;
  

(I) promotion of the use of the Internet and) to high-technology in public institutions.
  


Article 8 (1) the principles underlying the provision of information and public services through electronic means are: a) in providing information transparency and public services;
  

b) equal access to information, non-discriminatory, and public services, including for people with disabilities;
  

(c) efficient use of public funds);
  

d) privacy, protect confidentiality guarantee respectively of personal data;
  

e) guaranteeing the availability of the information and public services.
  

(2) public authorities have the obligation to ensure compliance with the principles laid down in paragraph 1. (1) in relation to natural or legal persons concerned to make use of the procedure for access to information and public services, as well as for Exchange of information.
  


Article 9 (1) by this title shall establish an Electronic System as a National information system of public utility, in order to ensure access to public information and the provision of public services by private individuals and legal entities.
  

(2) National Electronic system operators are: a) General Inspectorate for communications and information technology under the Ministry of the information society, for "e-Government";
  

b) Ministry of regional development and public administration, for "e-Administration";
  

c) drawn up by the authority of the Supreme Council of national defence, under the conditions approved by it, for the defense and national security.
  

(3) operators shall take all measures necessary for the development of a national Electronic System and ensure its promotion actions.
  

(4) operators will use the security standards and procedures to ensure a high degree of reliability and safety of the operations carried out under the National Electronic system, in accordance with international practices in this field.
  


Article 10 within the National Electronic System can participate and other natural persons or legal entities, such as banks, public notaries, experts, in accordance with the law.


Article 11 for the purposes of this title, the following terms shall be defined as follows: a) the e-Government is the use of central public administration authorities of applications based on information technology, in order to: 1. improve access to public information and services of central public administration authorities;
2. the removal of red tape and simplifying the work methodologies;
3. improving the exchange of information and services between the central public administration authorities;
4. improving the quality of public services at the level of central public administration;

b electronic board is using) by the local public administration authorities of applications based on information technology, in order to: 1. improve access to and the provision of information and public services of local public administration authorities to citizens;
2. the removal of red tape and simplifying the work methodologies;
3. improving the exchange of information between the components of the local public administration authorities;
4. improving the effectiveness, efficiency and quality of public services at the level of local public administration authorities;

c) service portal for e-Government and the electronic administrative forms of central public administration is public information system, accessible through the Internet address URwww.e-guvernare.ro, hereinafter referred to as "e-Government";
  

d) for access to portal services of electronic administration and the administrative forms in electronic format of local public administration is public information system, accessible through the Internet address URwww.e-administraţie.ro, hereinafter "the System" e-Administration ";
  

(e) National Electronic System) is a unitary Assembly consisting of "e-Government" System and "e-Administration", accessible through the Internet address URwww.e-guvernare.ro;
  

f) procedure is the way that a natural or legal person benefiting from the technical facilities offered by the Electronic System;
  

g) interaction is whether electronic procedure whereby recipients of public information and the recipients of public services shall have access to administrative forms, which you can view, complete and print in order to submit or their transmission to the authorities of the public administration through traditional means;
  

bi-directional interaction) is an electronic procedure whereby recipients of public information and the recipients of public services shall have access to administrative forms, which you can view, fill in and send the public administration authorities through electronic means;
  

I) interoperability is the ability of computer systems, software applications, products or services accessible through the National Electronic system to communicate and share information in an effective and consistent way.
  


Article 12 (1) of the basic public services will be provided through electronic means are: a) Declaration, notification and making payments through electronic means regarding fees and taxes paid by natural and legal persons from the State budget, State social insurance budget, unemployment insurance budget, the budget of the National Fund for health insurance and the local budgets;
  

b) seeking work through employment agencies, such as the record of employment, the unemployed, completing records of applications for finding a job, the notification about the jobs available;
  

c) services relating to the obtaining of permits and certificates, as well as to obtain applications: completing the planning certificates, obtaining permits for the construction or completion of the winding up, and the electronic transmission of documents necessary for the issuance of permits and certificates, making payments through electronic means of payment, scheduling for the issue of permits and certificates;
  


d) services on obtaining operating licences, such as filling out applications for licenses, and the electronic transmission of documents necessary for the issuance of the licences, making payments through electronic means of payment, scheduling for the issue of licences;
  

e services) obtaining environmental permits, such as filling out applications for obtaining environmental permits, making payments through electronic means of payment;
  

f) services relating to the procurement by electronic means, including the making of payments through electronic means of payment;
  

g) services relating to the registration of a dealer or the making of entries in the commercial register, such as the transmission of the request for registration in the commercial register, the electronic transmission of status, contract or other documents, scheduling, reservation of the name for the issue of authorizations;
  

h) services in connection with the person's electronic records, such as filling out applications for the issue of passports, identity cards and driving licences, notification of change of domicile or residence, the electronic transmission of documents, making payments through electronic means of payment, schedule for release of such documents as the Declaration of theft or loss of such documents, the pursuit of resolution of complaints publication of lists of lost documents;
  

I) services in relation to the registration of vehicles, such as: auto notification regarding the purchase of a new vehicle, compare the number of optional registration, filling out forms required for registration, scheduling and registration and the presentation of supporting documents;
  

j public health) services, such as interactive information on the availability of services in medical facilities, making appointments for medical services, making payments for medical services through electronic means of payment;
  

k) concerning access to services of public libraries: catalogues, preparation of consultation national virtual catalogue, book or consulting publications in electronic format;
  

l) entry in different forms of education, especially secondary education and higher education: expanding and the electronic transmission of requests for the registration of documents;
  

m) services concerning the collection of statistical data by the National Institute of statistics, in particular: notifications regarding the start of statistical surveys, questionnaires additions electronically checking the correlations in real time and notification in the event of errors, aggregating, processing and publication of data;
  

n) services relating to the registration of an association or Foundation, as well as: reservation request, consultation of the register of designation of legal persons without patrimonial purpose, making payments through electronic means of payment;
  

a customs declaration) services, such as: preparation and transmission of customs declarations, making payments for taxes and customs fees by electronic means of payment;
  

p) services on consulting and release his own tax record ';
  

q) consultation services to Monitor the official.
  

(2) the Government's decision may be placed in the National Electronic system and other services than those provided for in paragraph 1. 1. Article 13 Quarterly National Electronics operators, together with public authorities, draw up reports on the utilization of public services supplied by electronic means in relation to the share of all public services provided and forward them to the Romanian Government.


Chapter II electronic Procedure in article 14 public authorities have the obligation to apply the procedure provided for in this chapter eBook for providing public information and services electronically to individuals or businesses.


Article 15 Provision of public services. 12 through the National Electronic System, shall be carried out gradually in the following stages: a) publication through electronic means of information of public interest;
  

b) closure interaction;
  

c) two-way interaction;
  

d) making payments through electronic means of payment.
  


Article 16 the development and operation of the National Electronics are made in accordance with the following criteria: a) the provision of services and information through electronic procedure is done on the categories of users, individuals or entities in an integrated way, on the basis of functionality, and not on the basis of the competence of a public institution;
  

b ensuring accessibility and services) public information relevant to natural or legal persons through a single point: the Electronic System;
  

(c)) access to information and public services will be integrated at the central level, the county or local level through public information and services provided through the electronic procedure;
  

d) access to information held by public institutions will be conducted so as to ensure the protection of personal data, in accordance with the legislation in force.
  


Article 17 the Ministry for information society and the Ministry of regional development and Public Administration shall establish procedures and norms, including those related to security, to ensure the required degree of privacy and security in use, for the purposes of the proper conduct of the proceedings.


Article 18 (1) All documents transmitted in electronic proceedings must be submitted in electronic form and signed electronically, under the conditions laid down by the National Electronic system operators.
  

(2) any document in electronic form must be registered at the time of the transmission and receipt, in accordance with the procedure laid down by the National Electronic system operators.
  

(3) any document in electronic form shall be confirmed upon receipt, except documents which confirm receipt.
  

(4) the format of the electronic document, as well as the conditions for generating, transmission and storage thereof shall be established by the National Electronic system operators and approved by decision of the Government.
  


Article 19 (1) the Group of promoting information technology in Romania, established by Government decision No. 271/2001, approve projects in the field of e-Government, the Government proposes to allocate the necessary funds through the annual budgets of the public administration authorities and oversees the implementation of the public service through an electronic procedure, taking account of the priorities set out: (a)) through sectoral strategies;
  

b) planning of funds and control investments made in information technology;
  

c) information security;
  

d) personal data protection;
  

e) accessibility, dissemination and preservation mode of public information;
  

f) information technology accessibility for persons with disabilities;
  

g) other items related to e-Government.
  

(2) the Group of promoting information technology in Romania following duties: exercise and to allocate resources required) proposes the development and management of the e-government initiatives;
  

b) recommend adjustments to the national strategy and priorities with respect to e-Government;
  

c) promotes the use of innovation in information technology by public administration authorities, initiatives involving cooperation between the public authorities, by supporting pilot projects, research projects, and the use of information technology;
  

d) monitors the implementation of information technology projects, through the Ministry for information society and the Ministry of regional development and Public Administration;
  

e) coordinate, through the Ministry for information society programmes implemented at the level of central public administration, in order to provide the e-government services, and will track the efficiency of the use of information technology by the public institutions of the central public administration;
  

f) coordinate, through the Ministry of regional development and public administration and the Ministry of information society, programs implemented at the level of local public administration, for the purpose of providing administrative services, and will track the efficiency of the use of information technology by the public institutions of local public administration;
  

g) coordinates the activity of the Ministry for information society in setting policies that will contribute to the adoption, at the national level, a set of standards and recommendations in the field of information technology relating to the efficiency and security of e-government systems;
  

h) coordinates the activity of the Ministry for information society and the Ministry of regional development and public administration in setting policies that will contribute to adaptation at the national level, a set of standards and recommendations in the field of information technology relating to interconnectivity and interoperability of e-government systems and databases.
  


Article 20


(1) In order to cover operating costs and to use the Electronic System, each legal entity that uses the procedure for obtaining the services have to pay, where applicable, of the National Electronic system operators an annual rate of use.
  

(2) the amount of usage and tariff categories for users exempted from payment thereof shall be established by decision of the Government.
  

(3) the obligation to pay usage tariff referred to in paragraph 1. (1) is born when registering in the system.
  

(4) private individuals and public institutions owe usage rates.
  

(5) the rate referred to in paragraph 1. (1) shall constitute revenue in the budget of the National Electronic system operators.
  


Article 21 the Ministry of regional development and public administration and the Ministry of the information society will develop strategies for the development of an Electronic System, in accordance with National priorities and directions set by the group for the promotion of information technology in Romania.


Article 22 each year, not later than 31 March, the Ministry of information society, Ministry of regional development and public administration and the Ministry of public information *) will submit to the Government on the advice of the group for the promotion of information technology in Romania, a report on the progress of the provision of public services and information via electronic proceedings.


Chapter III Conditions for participation in the electronic procedure rule 23 Any natural or legal person has the right to access by electronic means in accordance with the law No. 544/2001 and of this title, the information and public services.


Article 24 (1) participation in the electronic procedure can be done only after the registration in the National Electronic System.
  

(2) the conditions and procedure for registration shall be determined by decision of the Government.
  

(3) Any physical or legal person from Romania is entitled to apply for registration in Electronic System.
  

(4) All public authorities have the obligation to register and to use the Electronic System.
  


Chapter IV implementation of National Electronic Article 25 (1) of the Government public administration authorities shall be established which shall have the obligation to apply the provisions of this title, as well as public services and administrative forms, namely the deadlines they will participate in the procedure.
  

(2) registration in the National Electronic system of public authorities concerned to participate in the electronic procedure is carried out gradually, with the opinion of the operators of this system, the Government's decision.
  


Article 26 within 60 days after the registration in the Electronic system, each National Authority of public administration will be transmitted to the Ministry of the information society and Regional Development Ministry of public administration and administrative printed forms to be used in relations with individuals and legal entities, which will be available through the National Electronic System.


Article 27 (1) within 6 months after entry in the Electronic system, each National Authority of public administration has an obligation to use administrative forms in electronic format via the Electronic System, established in accordance with article 4. 25. (2) within 12 months of the Registration System, National public institutions of central public administration are obliged to implement and use, gradually, public services provided through the National Electronic System, established in accordance with article 4. 25, in line with existing information systems within them.
  

(3) within a period of 24 months from the entry in the Electronic system, National public institutions of local public administration are obliged to implement and use, gradually, public services provided through the National Electronic System, established in accordance with article 4. 25, in line with existing information systems and resources within them.
  


Article 28 (1) within 60 days after the entry into force of this title, all public administration authorities shall transmit to the Ministry of regional development and public administration, the Ministry of the information society and the Ministry of public information *) data on the existence of an own Internet pages, through public information and public services are offered through electronic means.
  

(2) within 60 days after the entry into force of this title, all public administration authorities shall transmit to the Ministry of regional development and public administration, the Ministry of the information society and the Ministry of public information *) data on existing information systems within them and to public services offered through them, and the categories of users to whom it is addressed.
  


Article 29 within 6 months of the recording in the National Electronic system, each public administration authority as established under article 14 hereof. 25, has the obligation to create a page on his own website.


Article 30 the realization websites of public administration authorities is made taking into account the following criteria for performance: the speed of retrieval) information;
  

(b) the accessibility and availability of information) and the services offered;
  

c relevant information);
  

d) structuring information;
  

e) existence of measures for the protection of personal data;
  

f) existence of security measures to protect your information.
  


Chapter V final provisions Article 31 the Ministry of regional development and public administration and the Ministry for information society may adopt, where necessary, mandatory rules for using the National Electronic System, depending on the degree of development of the technology and the necessary security requirements.


Article 32 (1) Ministry of regional development and public administration will establish, no later than January 31, 2004, by decision of the Government Computer Center of Ministry of regional development and public administration, which will maintain, develop and promote "e-Administration".
  

(2) with effect from 1 February 2004, the "system administration" is the center of the National Computer databases, integrated Ministry of regional development and public administration.
  


Article 33 the provisions of this title shall take effect 30 days after the date of publication of the law in the Official Gazette of Romania, part I.


Title III prevention and combating cybercrime, chapter I General provisions Article 34 this title governs the prevention and combating of cybercrime, through specific measures for the prevention, discovery and sanctioning of offences committed via information systems, ensuring respect for human rights and the protection of personal data.


Article 35 (1) of this title, the following terms and definitions shall apply: a) computer system shall mean any device or group of inter-connected devices or functional relationship between one or more provide automated data processing with the help of a computer program;
  

b) through automatic data processing means the process by which data in a computer system are processed through a computer program;
  

c) through computer program means a set of instructions that can be executed by a computer system in order to obtain a result determined;
  

d) through computer data means any representation of facts, information or concepts in a form that can be processed by a computer system. In this category is included and any computer program that can determine the realization of a function by a computer system;
  

e) through service provider means: 1. any natural or legal person that provides users the ability to communicate via computer systems;
2. any other natural or legal persons handling or storing computer data to the persons referred to in paragraph 1 and for users of our services;

f) through data relating to traffic information means any computer data relating to a communication performed through a computer system and that it is part of the chain of communication, indicating origin, destination, route, time, date, size, volume, and duration of the communication, as well as the type of service used for communication;
  

g) by data users shall mean any information that could lead to the identification of a user, including the type of communication service used, the mailing address, geographical address, telephone numbers or other access numbers and the method of payment for the service in question, and any other data that may lead to the identification of the user;
  

h) safeguards means the use of appropriate procedures, devices or specialized computer software which enabled access to a computer system is restricted or banned for certain categories of users;
  


I) through pornographic material with underage means any material that depicts a minor having a sexually explicit behavior or a major person is presented as a minor having explicit sexual behavior times images which, while not posing a real person, feigning, reliably, a minor having a sexually explicit behavior.
  

(2) for the purposes of this title, without acting as the person who is in one of the following situations: a) is not authorized, pursuant to law or a contract;
  

b) exceeds the limits of the authorisation;
  

c) does not have permission, on behalf of the natural or legal person competent under the law to granted, use, administer or control a computer system or to conduct research or to perform any other operation in a computer system.
  


Chapter II prevention of cybercrime Article 36 in order to ensure the security of information systems and the protection of personal data, public authorities and institutions with competence in the field, service providers, non-governmental organizations and other representatives of civil society activities and programs for the prevention of cybercrime.


Article 37 authorities and public institutions with competences in this field, in cooperation with service providers, non-governmental organizations and other representatives of civil society, promoting policies, practices, policies, procedures and minimum standards of security of computer systems.


Article 38 the authorities and public institutions with competences in this field, in cooperation with service providers, non-governmental organizations and other representatives of civil society organizes information campaigns concerning the risks of cybercrime and to which they are exposed to users of information systems.


Article 39 (1) the Ministry of Justice, Ministry of Internal Affairs, the Ministry for information society, the Romanian intelligence service and the foreign intelligence service and continuous updates databases concerning cybercrime.
  

(2) the National Institute of Criminology from the Ministry of Justice carries out regular surveys in order to identify the causes and conditions which determine what favors cybercrime.
  


Article 40 the Ministry of Justice, Ministry of Internal Affairs, the Ministry for information society, the Romanian intelligence service and the foreign intelligence service conducts special programs of training and improvement of personnel involved in preventing and combating cybercrime.


Article 41 the owners or managers of information systems to which access is prohibited or restricted for certain categories of users have an obligation to warn users about the legal conditions for access and use, and with regard to the legal consequences of non-access to these information systems. The warning must be accessible to any user.


Chapter III Crimes and contraventions have been repealed Section 1 — — — — — — — — — — section 1 of Cap. III, title III, was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 42 Repealed.
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Art. 42 it was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 43 Repealed.
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Art. 43 it was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 44 Repealed.
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Art. 44 it was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 45 be repealed.
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Art. 45 was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 46 Repealed.
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Art. 46 it was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 47 Repealed.
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Art. 47 was repealed by section 1 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 2 of the Repealed — — — — — — — — — — section 2 of Cap. III, title III, has been repealed by section 2 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 48 Repealed.
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Art. 48 it was repealed by section 2 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 49 Repealed.
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Art. 49 it was repealed by section 2 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 50 Repealed.
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Art. 50 it was repealed by section 2 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 3 of the Repealed — — — — — — — — — — the 3rd Section head. III, title III, has been repealed by section 3 of article 9. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 51 be repealed.
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Art. 51 it was repealed by section 3 of article 9. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 4 of the Offences in article 52 non-compliance with the obligation laid down in article 21. 41 constitutes contravention and shall be sanctioned with a fine of 5,000,000 lei la 50,000,000 lei.


Article 53 (1) Finding the contravention referred to in art. 52 and the application of the penalty shall be made by staff empowered for that purpose by the Minister for the information society, as well as by staff specifically in charge of the Ministry of internal affairs.
  

(2) the contravention referred to in art. 52 are applicable provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended.
  


Chapter IV procedural Provisions Article 54 Repealed.
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Art. 54 was repealed by article. 62 of the Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 55 Repealed.
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Art. 55 was repealed by article. 62 of the Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 56 Repealed.
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Art. 56 has been repealed by article 16. 62 of the Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 57 Repealed.
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Art. 57 was repealed by article. 62 of the Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 58 Repealed.
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Art. 58 was abrogated by article. 62 of the Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 59 Repealed.
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Art. 59 has been repealed by paragraph 4 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Chapter V international cooperation Article 60 (1) the Romanian judicial Authorities cooperate directly, in accordance with the law and with respect for the obligations arising from international legal instruments to which Romania is a party, with the institutions having similar powers from other States, as well as with international organizations specializing in the field.
  

(2) cooperation, which is organized and carried out according to paragraph 1. (1) may be included, where appropriate, international legal assistance in criminal matters, extradition, identifying, blocking, seizing and confiscation of instrumentalities and the proceeds of crime, the conduct of joint investigations, exchange of information, technical assistance or other intelligence-gathering and analysis of information, the training of specialized personnel, and other such activities.
  


Article 61 (1) at the request of the competent authorities of other States or Romanian, Romanian territory may conduct joint investigations with a view to preventing and combating cybercrime.
  

(2) joint Investigations under paragraph 1. (1) is conducted on the basis of bilateral or multilateral agreements concluded by the competent authorities.
  

(3) the representatives of the Romanian competent authorities may participate in joint investigations carried out on the territories of other States, while respecting their laws.
  


Article 62 (1) in order to ensure immediate and permanent international cooperation in combating cybercrime, is hereby set up within the Department to Combat Organized Crime and Anti-drug Prosecutor's Office from the Supreme Court of Justice, the fight against cybercrime, as a point of contact available 24/7.
  

(2) Service to combat cybercrime has the following duties: (a) specialized assistance) and provides data about the Romanian legislation in matters relating to the contact points of other Member States;
  

b) has immediate conservation of data, as well as lifting objects containing computer data or data relating to traffic information requested by a foreign authority competence;
  


c) execute or facilitate the enforcement of the law has required of letters rogatory in cases relating to combating cybercrime, cooperating with all competent Romanian authorities.
  


Article 63 (1) within the framework of international cooperation, the competent foreign authorities may request the service to combat cybercrime immediate preservation of computer data or data relating to traffic information, existing in an information system on the territory of Romania, concerning the foreign authority to formulate a request for international judicial assistance in criminal matters.
  

(2) the request for immediate conservation provided for in paragraph 1. (1) includes the following: a) the authority shall require conservation;
  

b) a summary of the facts that are the subject of criminal prosecution and legal;
  

c) computer data is to be preserved;
  

d) any information available, necessary for the identification of the holder of information data and location information system;
  

e) usefulness of computer data and the need for their conservation;
  

f) foreign authority's intention to make a request for international judicial assistance in criminal matters.
  

(3) the application of conservation runs under art. 54 for a period which may not be less than 60 days and is valid until a decision is taken by the competent Romanian authorities with respect to the request for international judicial assistance in criminal matters.
  


Article 64 If the execution of the request formulated according to art. 63 para. (1) it is found that a service provider of another Member is in possession of data concerning traffic information service for combating cybercrime will immediately inform the requesting foreign authority, at the same time communicating information necessary for identification of the respective service provider.


Article 65 (1) a foreign authority may have access to public data sources Romanian public information, without the need for the formulation of a request to that effect by the Romanian authorities.
  

(2) a competent authority of a foreign eligible or may receive, through a computer system existing in its territory, stored computer data in Romania, if it has the approval of the person authorized under the law to make them available through that computer system, without the need for the formulation of a request to that effect by the Romanian authorities.
  


Article 66 the competent Romanian authorities may transmit ex officio to the competent foreign authorities, in compliance with the legal provisions concerning the protection of personal data, the information and data necessary for the discovery of crimes committed via information systems or for settlement by the competent foreign authorities in cases relating to these offences.


Article 67 article 4. 29 of law No. 365/2002 on electronic commerce, which was published in the Official Gazette of Romania, part I, no. 483 of 5 July 2002, is hereby repealed.


Title IV the conflict of interests and incompatibilities regime in pursuit of public dignities and functions chapter I public Repealed.
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Cap. I of title IV was repealed by lit. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 68 Repealed.
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Art. 68 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 69 Repealed.
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Art. 69 was repealed by lit. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Conflict of interest, chapter II, section 1 the definition and principles Article 70 Through conflict of interest means the situation where the person exercising a public dignitaries or public office has a personal interest of the heritage nature which might influence the objectivity of performance of duties incumbent on him under the Constitution and other normative acts.


Article 71 the principles underlying the prevention of conflict of interest in exercising public functions and public dignities are: impartiality, integrity, transparency and the rule of public interest decision.


Section 2 of the conflict of interests in the performance of the function of Member of the Government and other public offices of authority from Central and local public administration Article 72 (1) any person who exercises the function of Member of the Government, Secretary of State, Undersecretary of State functions or treated as such, prefect times shall not subprefect issue an administrative act or a legal act or fails to take or not to take part in the taking of decisions in the exercise public function, which produces a useful material for self, spouse or relatives of the first degree.
  

(2) the obligations laid down in paragraph 1. (1) do not relate to the issue, endorsement, or adoption of normative acts.
  


Article 73 (1) violation of the obligations referred to in article 1. 72 para. (1) an administrative irregularity, if there is a more serious offence of law.
  

(2) administrative acts issued or concluded in breach of the obligations laid down in articles 81 and 82. 72 para. (1) are hit by absolute nullity.
  

(3) Repealed.
  

--------------
Alin. (3) art. 73 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.

(4) Repealed.
  

--------------
Alin. (4) article. 73 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.

(5) Repealed.
  

--------------
Alin. (5) article. 73 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.

(6) Repealed.
  

--------------
Alin. (6) article. 73 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.

(7) Repealed.
  

--------------
Alin. (7) article. 73 c was repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 74 Repealed.
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Art. 74 c has been repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 75 the person who considers himself aggrieved in a law or in a vested interest as a result of the existence of a conflict of interest under this section may apply to the competent court according to the law, depending on the nature of the instrument issued or concluded.


Section 3 of the conflict of interest regarding Councillors Article 76 (1) Mayors and deputy mayors, Mayor and deputy mayors of Bucharest are obliged to issue an administrative act or a legal act or to not issue a disposition, in the exercise of the function, which produces a useful material for self, spouse or relatives of the first degree.
  

(2) administrative acts issued or concluded with violation of provisions issued times the obligations laid down in paragraph 1. (1) are hit by absolute nullity.
  

(3) Repealed.
  

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Alin. (3) art. 76 was repealed by lit. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.

(4) Repealed.
  

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Alin. (4) article. 76 was repealed by lit. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 77 conflicts of interest for Presidents and Vice Presidents of the county councils or local councilors and County are listed in article 1. 47 of the law on local public administration no. 215/2001, as amended and supplemented.


Article 78 the person who considers himself aggrieved in a law or in a vested interest as a result of the existence of a conflict of interest under this section may apply to the competent court according to the law, depending on the nature of the instrument issued or concluded.


Section 4 of the conflict of interest concerning civil servants in article 79 (1) the public Officer is in a conflict of interest if you are located in one of the following situations: a) is called to solve the requests, to make decisions or to participate in decision-making concerning the individuals and legal entities with which it has relationships with heritage character;
  

b) participate in the same Commission, established under the law, with civil servants who have the status of spouse or first-degree relative;
  

(c) property interests), spouse or relatives of his grade I can influence decisions to be taken in pursuit of the public function.
  

(2) in the event of a conflict of interest, the public servant is obliged to refrain from solving application, decision making or participating in making a decision and to immediately inform the head of whom is subordinate to hierarchically directly. It is obliged to take appropriate measures to exercise impartiality of Tribunal, no later than 3 days from the date of taking the player.
  

(3) in the cases referred to in paragraph 1. (1), the head of the institution or public authority, on a proposal from the head of the hierarchy which is subordinate directly to the public, the official shall designate another public servant, who has the same level of training and experience.
  


(4) violation of the provisions of paragraph 1. (2) may, where appropriate, disciplinary, administrative, civil criminal law times.
  


Chapter III General Provisions Section 1 Incompatibilities Article 80 *) Incompatibilities regarding public dignities and functions are regulated by the Constitution, the law applicable to the public authority or institution in which the persons exercising a public dignitaries or public office operates, as well as the provisions of this title.


Section 2 of the Incompatibilities with the quality of mp Article 81 *) (1) the Office of Deputy or senator shall be incompatible with the exercise of any public function, under the Constitution, with the exception of a member of the Government.
  

(2) by public authority functions, which are incompatible with the status of Deputy or senator shall mean the functions of public administration Minister, assimilated the functions of Secretary of State, Secretary of State and assimilated by the Secretary of State and Undersecretary of State in the organs of the Government or ministries, functions of the presidential administration, the work of the Parliament and the Government the specific functions of leadership, ministries, other public authorities and institutions, the functions of local councillors and District Councillors, prefects and subprefecţi and other leadership positions from your own prefectures, the functions of Mayor, Deputy Mayor and Secretary you territorial-administrative units, functions of management and execution of public service ministries and other decentralised bodies from the territorial administrative units and from your device and the public services of county councils and the local councils as well as the functions under the law, do not allow people they hold to run in the elections.
  


Article 82 *) (1) the Office of a Deputy and senator is also incompatible with: a) Chairman, Vice-Chairman, Chief Executive Officer, director, Manager, Member of the Board of directors or the auditor at companies, including banks or other credit institutions, insurance companies and financial ones, as well as public institutions;
  

b) Chairman or Secretary of the General meetings of the shareholders or associates of the companies referred to in a);
  

c) function as representatives of the State in the General Assemblies of the companies referred to in a);
  

(d)) position of manager or member of the Board of Directors of public corporations, companies and corporations;
  

e) trader natural person;
  

f) membership of a group of economic interest;
  

g) public office entrusted by a foreign State, except for those functions set out in the agreements and conventions to which Romania is a party;
  

h) Chairman, Vice-Chairman, Secretary and Treasurer of the trade union federations and confederations.
  

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Lit. h) of paragraph 1. (1) of article 1. 82 was introduced by the sole article of law No. 134 of 5 July 2011, published in MONITORUL OFICIAL nr. 481 of 7 July 2011.

(2) Repealed.
  

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Alin. (2) of article 9. 82 was repealed by paragraph 1. (2) of article 9. 61, Cap. XII of the law. 96 of 21 April 2006, published in MONITORUL OFICIAL nr. 380 of 3 May 2006.

(3) deputies and Senators can exercise their functions or activities in the field of teaching, scientific research and literary and artistic creation.
  


Article 82 ^ 1 *) (1) a Deputy or Senator, during the exercise of the parliamentary mandate, wishes to exercise the profession of lawyer cannot advocate in what judge by the judges or the courts nor legal assistance may be granted to the public prosecutor's Office attached to these instances.
  

(2) an unemployed person or Senator situation referred to in paragraph 1. (1) legal assistance may be granted not suspects nor accused times may be present or represented in court in criminal cases concerning offences of corruption), offences assimilated to corruption offences, and offences against the financial interests of the European Union, as provided for in law No. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent modifications and completions;
  

(b) the offences referred to in the law) No. 143/2000 on preventing and combating trafficking in and illicit consumption of drugs, with subsequent modifications and completions;
  

c traffic offences) and exploitation of vulnerable persons, as referred to in art. 209-217 of the penal code;
  

d) the offence of money laundering, as laid down in law No. 656/2002 in order to prevent and punish money laundering, as well as for measures to prevent and combat the financing of terrorist acts, republished;
  

(e) offences against national security), referred to in art. 394-410 and 412 of the penal code, as well as those provided for by law No. 51/1991 on Romanian national safety;
  

(f) offences against the realization of Justice), referred to in art. 265-288 of the penal code;
  

g) crimes against humanity, genocide, and war, as referred to in art. 438-445 of the penal code.
  

— — — — — — — — —-. (2) of article 9. 82 ^ 1 was amended by section 5 of art. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

(3) an unemployed person or Senator situation referred to in paragraph 1. (1) cannot advocate civil or commercial cases against the State, the authorities or public institutions, national companies or corporations in which they are parties. Also, you may not advocate in lawsuits of the Romanian State, in the courts.
  

(4) the provisions of paragraphs 1 and 2. (1) to (3) shall not apply in cases where the lawyer is part of the process, or assist the spouse or relatives representation times up to grade IV.
  

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Art. 82 ^ 1 was introduced by section 2 of article in law No. 280 of 23 June 2004, published in Official Gazette No. 574 of 29 June 2004, amending art. From the EMERGENCY ORDINANCE nr. 77 of 4 September 2003, published in Official Gazette No. 640 of 9 September 2003.


Article 83 *) (1) or Sen. at the time of entry into force of this title stood in one of the incompatibilities provided for in art. 81 and 82 shall inform, within 15 days, the standing Bureau of the Chamber in which it participates.
  

(2) within 60 days after the expiry of the period referred to in paragraph 1. (1) a Deputy or Senator will choose between a parliamentary mandate and function that generates the incompatibility, resigning from one of the functions.
  

(3) After expiry of the period referred to in paragraph 1. (2) whether the incompatibility continue to exist, a Deputy or Senator is considered resigned from the Office of Deputy or senator. The resignation brings to the attention of the Chamber's parliamentarian. The judgment of the Chamber through the resignation shall be published in the Official Gazette of Romania, part I.
  

(4) the procedure for establishing the incompatibility is that laid down in the Regulation Chamber of Deputies and Senate in the Regulation.
  


Section 3 of the Incompatibilities regarding the function of the Government and other public offices of authority from Central and local public administration 84(2) *) (1) the Office of Government member is incompatible with the public office) any other authority, with the exception of a Deputy or senator or other situations stipulated in the Constitution;
  

b) a salaried professional representation within organizations with commercial purpose;
  

c) Chairman, Vice-Chairman, Chief Executive Officer, director, Manager, Member of the Board of directors or the auditor at companies, including banks or other credit institutions, insurance companies and financial ones, as well as public institutions;
  

d) Chairman or Secretary of the General meetings of the shareholders or associates of the companies referred to in c);
  

(e)) position of the representative of the State in the General Assemblies of the companies referred to in c);
  

f) position of manager or member of the Board of Directors of public corporations, companies and corporations;
  

g) trader natural person;
  

h) membership of a group of economic interest;
  

I) public office entrusted by a foreign State, except for those functions set out in the agreements and conventions to which Romania is a party.
  

(2) the Secretary of State, the Office of Secretary of State and treated as such functions are incompatible with the exercise of other public functions, authority and exercise the functions referred to in paragraph 1. (1) (a). b)-i).
  

(3) in exceptional cases, the Government may approve the participation of the persons referred to in paragraph 1. (1) and (2) as representatives of the State in the general meeting of shareholders or members of the Board of Directors of public corporations, companies or corporations, public institutions or companies, including banks or other credit institutions, insurance undertakings and the financial, strategic interest or where the public interest requires it.
  

(4) members of the Government, the Secretaries of State, subsecretarii State and persons treated as such fulfil functions may exercise functions or activities in the field of teaching, scientific research and literary and artistic creation.
  


Article 85 *) (1) the Office of prefect and subprefect is incompatible with:
  


the quality or invalidation) senator;
  

b) as Mayor and Vice Mayor, Mayor and Deputy Mayor of Bucharest;
  

c) Advisor for local or county counsel;
  

d) a salaried professional representation within organizations with commercial purpose;
  

e) Chairman, Vice-Chairman, Chief Executive Officer, director, Manager, Member of the Board of directors or the auditor at companies, including banks or other credit institutions, insurance companies and financial ones, as well as public institutions;
  

f) Chairman or Secretary of the General meetings of the shareholders or associates of the companies referred to in e);
  

g) representative of the State in the General Assemblies of the companies referred to in e);
  

h) position of manager or member of the Board of Directors of public corporations, companies and corporations;
  

I) trader natural person;
  

j) membership of a group of economic interest;
  

k) a public office entrusted to a foreign State, except for those functions set out in the agreements and conventions to which Romania is a party.
  

(2) subprefecţii may be exercised and Constables functions or activities in the field of teaching, scientific research and literary and artistic creation.
  


Article 86 *) (1) a person exercising one of the functions of the public authority referred to in article 1. 84 and 85 is required at the time of the oath or where appropriate, the date of appointment to Office, to declare that it is not in one of the cases of incompatibility stipulated by law.
  

(2) where, in the exercise of public authority function. 84 and 85, appears one of the cases of incompatibility stipulated by law, proceed as follows: a) for the post of Prime Minister, the Minister and the Minister's delegate, shall apply the relevant provisions of law No. 90/2001 on the Organization and functioning of the Romanian Government and ministries;
  

(b)) for the position of Secretary of State, Secretary of State and treated as such, as well as to the Office of prefect and the subprefect, the discovery of the case of incompatibility is made by the Minister of public administration, which will inform the Prime Minister, the necessary measures.
  


Section 4 of the Incompatibilities regarding Councillors Article 87 *) (1) the Mayor and Vice Mayor, Mayor and Deputy Mayor of the municipality of Bucharest, Chairman and Vice-Chairman of the County Council is incompatible with: a) Advisor;
  

b) the Office of prefect or subprefect;
  

c) public servant or employee with an individual contract of employment, regardless of its duration;
  

d) Chairman, Vice-Chairman, Chief Executive Officer, director, manager, administrator and member of the Board of Directors auditor or any times driving times function execution from trading companies, including banks or other credit institutions, insurance companies and financial ones, to the autonomous administrations of national or local interest, companies and societies, as well as public institutions;
  

e) Chairman or Secretary of the General meetings of shareholders or members at a company;
  

f) representative of the administrative and territorial unit in the General Assemblies of the companies of local interest or the representative of the State in the general meeting of a company of national interest;
  

g) trader natural person;
  

h) membership of a group of economic interest;
  

I) the Office of Deputy or senator;
  

j) Minister, Secretary of State, Secretary of State or another based on their rank;
  

k) any other public office or remunerated activities in the country or abroad, with the exception of teaching or functions within the framework of associations, foundations or other non-governmental organizations.
  

(2) town councils and mayors, Mayor and deputy mayors of Bucharest cannot hold, during the exercise of their mandate, the Office of the county counsel.
  

(3) the town councils and mayors, Mayor and deputy mayors of Bucharest can exercise their functions or activities in the field of teaching, scientific research and literary and artistic creation.
  


Article 88 *) (1) the Office of Alderman or the county counsel is incompatible with: a) the mayor or Deputy Mayor;
  

b) the Office of prefect or subprefect;
  

c) public servant or employee with an individual contract of employment in local Government's own device, or in your device of the County Council or County Prefecture;
  

d) Chairman, Vice-Chairman, Chief Executive Officer, director, manager, partner, Manager, Member of the Board of Trustees or trustee to the autonomous administrations and local companies established or under the authority of the City Council or County Council or to the autonomous administrations and national companies which have their seat or who have branches in the respective administrative-territorial unit;
  

e) Chairman or Secretary of the General meetings of shareholders or members at a local trading company to a national company which has its registered office or subsidiary that owns the respective administrative-territorial unit;
  

f) representative of the State to a company which has its registered office or which owns subsidiaries in the respective administrative-territorial unit;
  

g) the Office of Deputy or senator;
  

h) Minister, Secretary of State, Secretary of State and treated as such.
  

(2) a person may not engage in the same time a local councilman and a county councillor.
  


Article 89 *) (1) the quality of elected municipal office is incompatible with membership and significant shareholder in a company set up by the local Council and the County Council.
  

(2) the incompatibility exists and where the husband or relatives of local elected officers, hold significant shareholder membership to one of the operators referred to in paragraph 1. (1) and (3) by significant shareholder means the person who exercises duties incurred in actions which, combined, represent at least 10% of the share capital or to give at least 10% of the total voting rights in the General Assembly.
  


Article 90 *) (1) local councillors and District Councillors who as President, Vice President, general manager, director, manager, administrator and member of the Board of directors or the auditor or other leadership positions, as well as the quality of a shareholder or member at privately owned companies or majority-owned by the State-owned times of an administrative-territorial unit may not conclude commercial contracts by way of provision of services , work, for the supply of goods or the Association contracts with local public administration authorities to which they belong, with autonomous administrations or institutions of local interest flying under the authority of the local Council or the county or the or the respective companies set up by local councils or county councils concerned.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply where the functions or the respective qualities are owned by husband or relatives of local public servant.
  


Article 91 *) (1) the State of incompatibility only intervenes after validation of mandate, and in the case referred to in article 1. 88 para. (2) after validation of the second term, i.e. after appointment or hiring a local elected official, subsequently validating the mandate, in a position incompatible with the chosen locally.
  

(2) in the case referred to in article 1. 89, incompatibility with elected municipal intervenes at the date on which the one local spouse or first-degree relative thereof to become shareholders.
  

(3) One can opt out of the position held before being appointed or elected that attract State of incompatibility or no later than 15 days after the appointment or election of the it function. One local who becomes incompatible with the provisions of this section through the application is forced to resign from one of the incompatible functions within 60 days after the entry into force of this law.
  

(4) in the event that one local to the incompatibility doesn't give up one of the two functions incompatible with the time limit referred to in paragraph 1. (3) the prefect shall issue an order of termination of law finds the mandate of elected Municipal Office on the date of fulfilment of the term of 15 days or, where appropriate, for 60 days, at the proposal of territorial-administrative unit Secretary. Any person may submit to the Secretary of the administrative and territorial unit.
  

(5) the order issued by the prefect according to para. (4) can be attacked from the administrative court competence.
  

(6) in the case of mayors, will propose the Government prefect fixing date for election of a new mayor and Councillors and District Councillors, will proceed to an alternate validation of mandate under the provisions of law No. 70/1991 concerning local elections, republished, with subsequent amendments and additions.
  


Article 92 *) (1) violation of the provisions of art. 90 law attract the termination of the mandate of elected Municipal Office on the date of conclusion of the contract.
  


(2) local councillors and District Councillors who have contracts concluded in breach of article 3. 90 are required, within 60 days after the entry into force of this law, to abandon the contracts. Any person may submit to the Secretary of the administrative and territorial unit.
  

(3) violation of the obligation provided for in paragraph 1. (2) termination of law attract the mandate of elected municipal office.
  

(4) termination of Finding local councillor or Councilor is done County by order of the prefect on a proposal from the territorial-administrative unit Secretary.
  

(5) the order issued by the prefect according to para. (4) can be attacked from the administrative court competence.
  

(6) the provisions of paragraphs 1 and 2. (1) and (3) do not apply if, by the order of the prefect, it is shown that the violation of the provisions of article 3. 90.
  


Article 93 *) (1) the provisions of art. 90 also apply to persons assigned with individual labour contract in the device's own City Council or County Council or autonomous administrations under the authority of the respective councils or companies set up by local councils or county councils concerned.
  

(2) the persons referred to in paragraph 1. (1) the provisions of article 3. 90 law attract the termination of employment relationships.
  

(3) Finding employment termination is done by order or disposition of Heads of public authorities or of the economic operators referred to in paragraph 1. 1. The provisions of article. 92 para. (6) shall apply accordingly.
  


Section 5 regarding civil servants Incompatibilities Article 94 *) (1) the quality of civil servants is incompatible with any other public office than the one in which it was named, and with dignity.
  

(2) civil servants may not hold other functions and cannot carry on other activities, paid or unpaid, as follows: a) authorities or public institutions;
  

b) under the Cabinet Minister, except that the public officer is suspended from public office, in accordance with the law, the duration of the appointment;
  

c) within autonomous public corporations, companies or in other profit-making units in the public sector;
  

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Lit. c) of paragraph 2. (2) of article 9. 94 amended by art. 51, Cap. Vi framework LAW No. 330 from November 5, 2009, published in MONITORUL OFICIAL nr. 762 of 9 November 2009.

d) as a member of a group of economic interest.
  

(2 ^ 1) Is not in a situation of incompatibility for the purposes mentioned in paragraph 1. (2) (a). ) and (c)), public servant: a) is described by means of an administrative act issued in accordance with the law, to represent the interests of the State in relation to the activities of economic operators with the capital or all or a majority of heritage State, according to results from the normative acts in force;
  

b) is described by means of an administrative act issued in accordance with the law, to participate as a representative of public authority within the institution times bodies or organs leading collective formed pursuant to the laws in force;
  

c) exerts a mandate of representation, on the basis of the designation by an authority or a public institution, subject to the conditions prescribed by normative acts expressly in force.
  

— — — — — — — — — — —-. (2 ^ 1), art. 94 was amended by section 1 of article. 40, Cap. IV of framework LAW No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.
(2 ^ 2) Is not in a situation of incompatibility for the purposes mentioned in paragraph 1. (2) public officer is designated by the administrative act to be part of the team of Community funded project grants as well as post-accession external loans contracted or guaranteed by State-reimbursable or non-reimbursable, except civil servants carrying out duties as an auditor or powers of control over the activity carried on within it and of public servants who are part of the project team but for that work carried out within the framework of the respective teams generate a situation of conflict of interest with public office which it occupies.
— — — — — — — — — — —-. (2 ^ 2) of art. 94 was introduced by section 2 of art. 40, Cap. IV of framework LAW No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.

(3) public servants who, in exercising public function, took control and monitoring activities with regard to the companies or other units with profit-making nature of those referred to in paragraph 1. (2) (a). c) cannot operate and cannot grant specialist advice from these companies for three years after leaving the body of civil servants.
  

(4) civil servants may not be agents of some people in terms of making certain acts in connection with a public function on exercise.
  

(5) In the situation referred to in paragraph 1. (2) (a). (b) at the end of their mandate) Minister, the official is reinstated in the owned or a similar function.
  


Article 95 *) (1) are not allowed direct hierarchical relations where civil servants concerned are spouses or relatives of the first degree.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply where the immediate boss of dignitary.
  

(3) persons who find themselves in one of the situations referred to in paragraph 1. (1) or (2) will opt, within 60 days, for termination or surrender of the hierarchical status of dignitary.
  

(4) any person may submit to the existence of the situations referred to in paragraph 1. (1) or (2).
  

(5) the situations referred to in paragraph 1. (1) failure to perform the obligation and referred to in paragraph 1. (3) is found by the hierarchically superior Chief of the civil servants concerned, termination of civil servants direct hierarchical spouses or relatives of the first degree.
  

(6) the circumstances referred to in paragraph 1. (2) failure to comply with the obligation and referred to in paragraph 1. (3) it is established, if necessary, by the Prime Minister, Minister or prefect, termination of the direct hierarchical dignitary and official public spouse or first-degree relative.
  


Article 96 *) (1) public servants, parliamentarians and civil servants civil servants with special status may exercise functions or activities in the field of teaching, scientific research, literary and artistic creation of. Public servants, parliamentarians and civil servants civil servants with special status may exercise functions in other areas of activity in the private sector, which are not directly or indirectly connected with the powers exercised as public servant, public official or civil servant with parliamentary special status, according to the job description.
  

— — — — — — — — — — —-. (1) of article 1. 96 was amended by section 3 of article 9. 40, Cap. IV of framework LAW No. 284 of 28 December 2010, published in MONITORUL OFICIAL nr. 877 dated December 28, 2010.

(2) in the case of civil servants who carry out the activities referred to in paragraph 1. (1) the documents making up the professional folder are managed by the public authority or institution to which they are appointed.
  


Article 97 *) (1) a public Officer may apply for an eligible or may be appointed to a position of dignity.
  

(2) the report of the public functionary service adjourn: a) during the election campaign, until the day after the election, if it is not elected;
  

b) until the termination of function or eligible public dignitaries, where the public officer was elected or appointed.
  


Article 98 *) (1) public servants can be members of political parties legally established.
  

(2) civil servants are forbidden to be members of the governing bodies of political parties and to express or defend publicly the positions of a political party.
  

(3) civil servants who, under the law, belong to the category of senior public servants may not be members of any political party, under penalty of dismissal from public office.
  


Chapter IV Other conflicts of interest and incompatibilities Article 99 *) (1) the following persons exercising public functions and dignities of authority within public authorities and institutions located exclusively under parliamentary control: a) the members of the Court of Auditors;
  

(b) Legislative Council and President) Chairmen of the ward;
  

c) the Ombudsman and his deputies;
  

d) Board members competition;
  

e National Commission members) of securities;
  

f) Governor, Vice-Governor, Prime current Vice Governors, Board members and employees with leadership positions of Banca Naţională a României;
  

g) Director of the Romanian Intelligence Service, Prime-Deputy and his deputies;
  

h) Foreign Intelligence Service Director and his deputies;
  

I) members of the Board of the insurance supervisory Commission;
  

(j) National Council members);
  

k) members of the Board of Directors and committees of the Romanian radio broadcasting Company and the Romanian television Society;
  

l) members of the Forum of the National Council for analyzing the security;
  

m) the Director general and the members of the Board of Directors of the national agency ROMPRES press applies the provisions of art. 72 and the incompatibilities laid down in this title for Ministers and Secretaries of State, and incompatibilities provided for in special laws.


(2) the persons referred to in paragraph 1. (1) may exercise the functions or activities in the field of teaching, scientific research and literary and artistic creation.
  

(3) the provisions of article 4. 73 and 74 shall apply accordingly to persons covered by paragraph 1. (1) by specialized commissions of the Parliament.
  

(4) persons occupying public functions and dignities of authority within the public authorities and institutions referred to in paragraph 1. (1) where in a case of incompatibility, shall inform, within 15 days, the standing Bureau of the Chamber of Deputies and the Senate, respectively.
  

(5) within 60 days after the expiry of the period referred to in paragraph 1. (4) persons who exercise public functions and public dignities under paragraph 1. (1) will choose between these functions and those that are incompatible with these, resigning from the post that generated the event of incompatibility.
  

(6) after the expiry of the period referred to in paragraph 1. (5) whether the incompatibility continues to exist, the person holding the position or dignity is deemed public demisionată from this function. The resignation brings to the attention of the Chamber of Deputies and the Senate, respectively. The judgment of the Chamber through the resignation shall be published in the Official Gazette of Romania, part I.
  


Article 100 *) (1) the advisers and counselors from the State of the presidential administration are subject to the provisions of art. 72 and the incompatibilities laid down in this title for Ministers and Secretaries of State.
  

(2) presidential advisers and counsellors of State of presidential administration may exercise functions or activities in the field of teaching, scientific research and literary and artistic creation.
  

(3) the provisions of article 4. 73 and 74 shall apply accordingly to persons covered by paragraph 1. (1) the President of Romania.
  

(4) the Procedures for incompatibilities persons referred to in paragraph 1. (1) are those laid down in the rules of organization and functioning of the presidential administration.
  


Article 100 1 ^ * exceptionally), for people named, according to the law, the President of Romania, by the Parliament, at the proposal of the latter, or the Supreme Council of national defence, permanent offices of the Chambers in joint session, can approve the referral to the President further fulfillment of the function that generated the event of incompatibility, if the public interest requires it.
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Art. 100 ^ 1 was amended by article in law No. 114 of 7 April 2004, published in Official Gazette No. 336 of 16 April 2004, which amends section 1 of article. From the EMERGENCY ORDINANCE nr. 40 of 20 May 2003, published in Official Gazette No. 378 of 2 June 2003.


Chapter V regulations governing magistrates Article 101 *) Office of judge and Prosecutor is incompatible with any other public or private office, except for teaching positions in higher education.


Article 102 *) Magistrates are forbidden: a) to conduct arbitration in civil litigation, commercial or otherwise;
  

b) have the status of associate member of the governing bodies, management, or control the civil society, including companies, banks or other credit institutions, insurance companies or financial companies, corporations times 1900;
  

c) to undertake commercial activities, either directly or through persons status;
  

d) to have membership of a group of economic interest.
  


Article 103 *) (1) the magistrates not be subject to political goals and doctrines.
  

(2) the Judges may not belong to political parties or to pursue political activities.
  

(3) the Judges in the exercise of duties, to refrain from expressing or manifesting their political beliefs.
  


Article 104 *) it is prohibited to Magistrates any manifestation contrary to the dignity of the function which it occupies times likely to affect impartiality or its prestige.


Article 105 *) (1) the magistrates are forbidden to participate in prosecuting a case as a judge or Prosecutor: a) if they are spouses or relatives up to grade IV including among them;
  

b) if they, their wives or relatives up to and including grade IV have any interest in the matter.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to the magistrate who participates as a judge or Prosecutor, to prosecuting a case in appeals when the spouse or relative up to grade IV including magistrates participated as a judge or Prosecutor, in the judgment in the background that causes.
  

(3) the provisions of paragraphs 1 and 2. (1) and (2) shall be supplemented by the provisions of the code of civil procedure and the code of penal procedure relating to incompatibilities, abstention and objection.
  


Article 106 *) (1) the judge who becomes a lawyer cannot put the conclusions to the Court where he worked for 2 years after the ceasing of the judge.
  

(2) the Prosecutor who becomes a lawyer cannot give legal assistance to the Prosecution Office at the place where he worked for 2 years after the ceasing of the Prosecutor.
  


Article 107 *) Magistrates are required to immediately bring to the attention of the President of the Court or, where appropriate, of the Attorney general to which any interference in the work of Justice, political or economic, from a natural or legal person or group of persons.


Article 108 *) (1) violation of the provisions of art. 101-105 and 107 constitute disciplinary and sanctions in relation to the seriousness of the violation, with: a) suspension from Office for up to 6 months;
  

b) removal from the judiciary.
  

(2) disciplinary Sanctions shall be applied by the Superior Council of magistrates, in accordance with the procedure laid down in law No. 92/1992 for the judicial organisation, republished, with subsequent amendments and additions.
  

(3) the judge or the Prosecutor punished with removal from the judiciary cannot handle any specialized legal Office for 3 years.
  


Article 109 *) (1) the magistrates can take part in the production of publications or studies, scientific or literary works of the time at the audiovisual shows, except for those with a political character.
  

(2) Judges may be members of the examination committees or drafting projects of normative documents, domestic or international.
  


Article 110 *) articles 101-104, 107 and 109 shall apply correspondingly and judges of the Constitutional Court.


Chapter VI common provisions Article 111 (1) persons exercising public functions and dignities as provided for in this title shall submit a statement of interest, on their own responsibility, with respect to the functions and the activities they carry out, with the exception of those related to mandate or a public function on exercise.
  

(2) the functions and activities to be included in the Declaration of interests are: a) the quality of the Member or shareholder for companies, companies/corporations, credit institutions, economic interest groups, as well as membership in associations, foundations or other non-governmental organizations;
  

b) function in the organs of management, administration and control of commercial companies, public corporations, companies/corporations, credit institutions, economic interest groups, associations or foundations or other non-governmental organizations;
  

c) membership within professional associations and/or trade unions;
  

d) membership in governing bodies, management and control, paid or not involving any retribution, held within the framework of political parties, the position held and the political party name.
  

— — — — — — — — — — — —-. (2) of article 9. 111 has been amended. The EMERGENCY ORDINANCE nr. 14 of 3 March 2005, published in Official Gazette No. 200 of 9 March 2005.

(3) the persons referred to in paragraph 1. (1) not meeting other functions or not performing activities other than those related to mandate or function exercised, shall submit a statement to that effect.
  


Article 112 Repealed.
--------------
Art. 112 was repealed by lit. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 113 Repealed.
--------------
Art. 113 c has been repealed. b) art. 60, chap. VIII of law No. 144 of 21 May 2007, published in MONITORUL OFICIAL nr. 359 of 25 May 2007.


Article 114 (1) shall prohibit the use by a person who exercises a public dignitaries or public office from among those set out in this title, in the private interest, of the symbols relating to the exercise of his function or dignity.
  

(2) it is prohibited to use or permission to use the name followed by the nature of the person exercising public functions and public dignities under this title in any form of advertising of a Romanian or foreign trader, as well as of any commercial product, or foreign national.
  

(3) it is prohibited to use or permission to use the public image, name, voice or signature of the person exercising public functions and public dignities under this title for any form of advertising relating to an activity that brings profit, with the exception of free advertising for charitable purposes.
  


(4) it is prohibited to persons exercising a public dignitaries or public office of the use of this title or the direct or indirect exploitation of non-public information obtained in connection with the exercise of competences, in order to obtain benefits for themselves or for others.
  


Chapter VII final provisions Article 115 *) other cases of incompatibilities and prohibitions are those established by special laws.


Article 116 *) (1) Constables are required to verify, within 30 days after the entry into force of this law, all local elected officials in the County. To that end, heads of public authorities and institutions, as well as the leaders of the trade registry offices of the courts are obliged to make available to the Commissioner and persons authorized by him to the requested data, necessary for the establishment of the persons to whom they are applicable to the incompatibilities and prohibitions laid down in this title.
  

(2) failure to comply with the provisions of paragraphs 1 and 2. (1) application of sanctions draws according to law.
  


Article 117 *) on the date of entry into force of this law shall be repealed the provisions of art. "". (1) of law No. 90/2001 on the Organization and functioning of the Romanian Government and the ministries, as published in the Official Gazette of Romania, part I, no. 164 of 2 April 2001, art. 30, art. 60 para. (1) (a). b), art. 62, art. 72 para. (2) (a). b), art. the final sentence of 131 and art. 152 "and counselling depending on the date of entry into force of the present law shall exercise their mandate until the next local elections" of the law on local public administration no. 215/2001, published in the Official Gazette of Romania, part I, no. 204 of 23 April 2001, as amended and supplemented, and Government Emergency Ordinance nr. 5/2002 on the establishment of prohibitions for local elected officials and civil servants, as published in the Official Gazette of Romania, part I, no. 90 of 2 February 2002 approved and amended by law No. 378/2002.


Title V Chapter Groups economic interest groups economic interest section 1 General provisions Article 118 (1) the economic interest-group G.I.E. represents a combination between two or more natural or legal persons established on a determined period in order to expedite the development of economic activity or of its members, as well as of improving the results of that activity.
  

(2) the Group of economic interest is legal person the patrimonial, which may have the status of trader or necomerciant.
  

(3) the number of members of a group of economic interest cannot be greater than 20.
  

(4) the group must be linked to the economic activity of its members and to have just one character accessory toward it.
  

(5) the group cannot exercise: (a)), directly or indirectly, an activity of management or supervisory activity of its members or other legal persons, especially in the areas of personnel, finance and investment;
  

b) from owning stock, shares or interest, directly or indirectly, from one of the Member firms; the holding of shares, the shares or interest to another company is permitted only insofar as this is necessary for the achievement of the Group and if it is done on behalf of members;
  

c) employ more than 500 persons;
  

d) be used by a company for the purpose of crediting under conditions other than those provided for by law No. 31/1990 on the companies, republished, with subsequent amendments and additions, an administrator of the company's commercial director times or spouse, relatives or Bush berries up to grade IV including the Manager or Director in question; also, if the credit concerns a civil or commercial company to one of the previously mentioned individuals is administrator or director holds the only times or with one of the above-mentioned persons, a share of at least 20% of the issued share capital;
  

e) be used by a company for the purpose of the transmission of goods under conditions other than those provided for by law No. 31/1990, republished, with subsequent amendments and additions, to and from the Manager or Director of the company or the spouse, relatives in the times family members up to grade IV including the Manager or Director in question; also, if the operation concerns a civil or commercial company to one of the previously mentioned individuals is administrator or director holds the only times or with one of the above-mentioned persons, a share of at least 20% of the issued share capital, except in cases in which one of the companies in question is subsidiary to the other;
  

(f)) to be a member of another group of economic interest or european economic interest group.
  

(6) the economic interest group may not issue shares, debentures or other negotiable securities.
  


Article 119 (1) the members of the economic interest group shall be responsible for obligations and unlimited solidarity group, in the absence of a stipulation to the contrary with third-parties co-contractors. The Group's lenders will head first against him for his obligations and, where not only pays them no later than 15 days from the date of implementation delay, will be able to head against group members.
  

(2) by way of derogation to paragraph 1, (1) and to the extent that the articles of incorporation, a new Member of a grouping may be relieved of its obligations arising out of its membership, previously; the ruling may be relied on as against third parties exemption from the date of mention in the commercial register and the publication in the Official Gazette of Romania, part IV.
  


Section 2 of the Constitution of the Group of economic interest Article 120 (1) of the economic interest Group shall be set up in the contract signed by all members and concluded in authentic form, known as memorandum of Association.
  

(2) the signatories to the memorandum of Association, as well as people who have a decisive role in the formation of the group are considered.
  

(3) cannot be founders people who under the law are incapable or who have been convicted for fraudulent management, abuse of confidence, fraud, embezzlement, bribery, bribery, receiving undue benefits, traffic of influence, perjury, forgery, use of forged, as well as for the crimes provided for in Act No.. 31/1990, republished, with subsequent amendments and additions, the offences provided for in law No. 241/2005 in order to prevent and combat tax evasion and money-laundering offences provided for by law No. 656/2002 in order to prevent and punish money laundering, as well as for measures to prevent and combat the financing of terrorist acts, as amended and supplemented.
  

— — — — — — — — — — —-. (3) art. 120 was amended by section 1 of article. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.

(4) the provisions of paragraphs 1 and 2. (3) shall apply, as appropriate, and with the role of administrator, trustee and liquidator of the economic interest group.
  


Article 121 (1) of the economic interest Group may be formed with or without capital.
  

(2) if the members of the Group decide to a certain capital impairment for group activity, bringing the members must have a minimum value and may be of any kind.
  

(3) rights group members cannot be represented by negotiable securities; any clause to the contrary shall be deemed null and void.
  


Article 122 (1) articles of incorporation of the economic interest group shall determine how to organize the group, under the conditions laid down in this title, and shall include: a) the name, preceded or followed by the words "economic interest group" initials "G.I.E." premises and, where appropriate, the emblem of the Group;
  

b) name and surname, place and date of birth, domicile and nationality of the members, individuals; name, legal form, location and nationality of the members of a legal person;
  

c) social security number of the members, individuals; the identification code of the members, legal entities, depending on their legal form;
  

d) activity of the group, specifying the scope and main activity, and or non-commercial nature of the activity;
  

e) subscribed capital and paid-up at, with mention of the contribution of each Member and of the latter, the amount of co-financing in kind and method of evaluation, where the group is constituted with capital;
  

f) duration;
  

g) members who represent and manage Group administrators or non-members, natural persons or legal, what powers were conferred on them and if they are to exercise them together or separately, as well as the conditions under which they can be cancel;
  

h) clauses on control management group by statutory bodies, inspection by members, as well as the documents to which they will be able to have access to information and to exercise control;
  

I) side-Branch Headquarters, agencies, representative offices or other such units without legal personality-when you set up a date with the group, or the conditions for the establishment of a later date, if there is such an establishment;
  

j) mode of dissolution and liquidation of the group.
  


(2) any amendment to the articles of incorporation will be carried out under the conditions laid down in its conclusion, it will be noted in the register of Commerce and will be published in the Official Gazette of Romania, part IV; the changes are applied to the publication.
  


Article 123 (1) In the course of its existence, the economic interest group may accept new members, with the unanimity of its members.
  

(2) any member of a grouping may withdraw in conditions stipulated by the articles of incorporation, provided that prior to its obligations as a member.
  


Article 124 (1) To authenticate the memorandum of Association shall furnish proof issued by the trade register Office on the availability and the company logo. It will also present evidence that the Group has, on the basis of legal acts, has a registered office at the address indicated.
  

(2) the headquarters of the Group shall be established: a) at the place where the head office is situated;
  

b) or at the place where the Central Administration is located in one of the group members or, in the case of a natural person, the main activity of the group exercise an activity in the place mentioned.
  

(3) at the Group's headquarters indicated they could work more corporates, if at least one person is, under the law, associate member or in each of these legal entities.
  

(4) the notary public will refuse to authenticate the memorandum, if it does not follow from the documentation submitted that the legal conditions are met.
  


Section 3 of the economic interest group for registration in Article 125 (1) within 15 days of the date of authentication of incorporation, the founders or administrators group or a trustee thereof will require registration in the commercial register in whose territorial RADIUS will have group headquarters.
  

(2) the application shall be accompanied by: a) the articles of incorporation of the Group;
  

b) proof that the payments, under the terms of the articles of incorporation, if applicable;
  

c) where applicable, the laws relating to the ownership of shares in nature, and where they listed real estate, that confirms the certificate tasks that are encumbered;
  

d) operations of certification acts concluded and approved on behalf of the Group of members;
  

e) proof Headquarters said;
  

f) statutory declaration of the founders, administrators and Auditors that fulfil the conditions laid down in this title.
  

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 125 was repealed by section 2 of art. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 126 (1) if the legal requirements are met, the delegated judge, by concluding in term of 5 days after the completion of these requirements, will permit the establishment of the Group and will have his registration in the commercial register, under the conditions provided for by law No. 26/1990 on the commercial register, republished, with subsequent amendments.
  

(2) termination of registration memorandum of particulars will be played back. 122. Article 127 (1) of the economic interest Group shall acquire legal personality on the date of its registration in the commercial register.
  

(2) the registration shall be effected within 24 hours from the date of pronouncement of the conclusion of the judge-delegated authorising registration group.
  

(3) the registration of merchant quality not presumed.
  

(4) the Group of economic interest having the quality of trader can meet, on his own behalf, whether in a usual manner, all the facts necessary for the purpose of trade, or.
  


Article 128 shall be subject to compulsory registration in accordance with the law, the following: (a) any amendment to the Act) for the formation of a grouping, including any change in the Group;
  

(b) establishment or abolishment) of all branches, representative offices and other entities without legal personality;
  

c) judgment by which it declared the nullity of a grouping;
  

(d) the assignment of the judgment) the Manager or managers, group name/described, noting if Admins can act individually or together, as well as the termination of their powers;
  

e) assignment, in whole or in part, of the parts of a limb;
  

f) judgement of group members or the judgment of dissolution;
  

g) a judgment appointing liquidators, name/group name, as well as the termination of their powers;
  

h) completing the liquidation group;
  

I) proposal to move headquarters in a foreign State;
  

j) clause by which the new members are exonerated from payment of debts of the group, born of their admission in the previous group.
  


Article 129 of the economic interest Group shall be obliged to publish in full in the Official Gazette of Romania, part IV of the law: the formation of the grouping Act);
  

b acts of its modifiers);
  

(c) particulars relating to) registration code, date and place of registration and deregistration;
  

d) documents and particulars referred to in article 1. 128 lit. b)-j).
  


Article 130 the provisions relating to the establishment, registration and operation of subsidiaries and branches of companies, as provided by law. 31/1990, republished, with subsequent amendments and additions are applied in an appropriate manner, i.e., subsidiaries and branches of the economic interest group.


Article 131 (1) economic grouping of interest may be moved to a foreign State, by members of the group decision, taken unanimously.
  

(2) within 15 days of the adoption of the decision referred to in paragraph 1. (1) it will be noted, by the directors of the group, in the commercial register and published in the Official Gazette of Romania, part IV.
  

(3) within two months from the date of publication of the decision in the Official Gazette, any person may make opposition to the decision to transfer the registered office, for reasons of public order, under the conditions provided for in art. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions.
  

(4) a final judgment by which the opposition decision to resolve the transfer of the registered office referred to, of course, in the commercial register.
  

(5) registration in the appropriate register group foreign State shall not be invoked against third parties until such time as the decision of change of registered office becomes effective.
  

(6) termination of the Group's commercial register is possible only after presentation of proof of confirmation of registration in the register of the State group.
  

(7) pending the mention regarding the deletion of the group, in the commercial register, the parties may avail themselves of the Group's headquarters from Romania, unless that group proving that they have known the existence of the foreign State's headquarters.
  


Article 132 (1) representatives of the group are required to submit to the Office of the trade register their signatures at the time of filling in the application for registration if they have been appointed by the articles of incorporation, and the elect during the Group's officials, within 15 days after the election.
  

(2) the provision of paragraph 1. (1) apply properly and heads of branches.
  


Section 4-the Effects of the breach of legal requirements for the establishment of the Group of economic interest Article 133 When articles of incorporation does not contain the particulars prescribed by law includes clauses by which the times is in breach of a mandatory provision of law or when there has been a legal requirement for the formation of the group, the judge-delegate, ex officio or at the request of any member or other interested person Repulse, through closing, motivated, registration request, unless the members or representatives of the Group also remove irregularities. Judge-delegate will acknowledge in closing of regularizările.


Article 134 where the founders of the group representatives or do not have the required registration to within legally, any Member may request the trade register Office conducting the registration, after notification, by registered letter or, put in arrears, and they have not been complied with no later than 8 days after receipt.


Article 135 (1) in the event of irregularity after registration, the group is obliged to take measures for their elimination, no later than 8 days from the date of establishment of those irregularities.
  

(2) if the group fails to comply with, any interested person may ask the Court to compel the company bodies, under penalty of payment of periodic penalty payments, to regulate them.
  

(3) the right of action shall be barred from settlement through the passage of a period of 6 months from the date of registration.
  


Article 136 representatives of the Group's founders, as well as the first members of the governing bodies, management and control of the group responsible for unlimited and joint damage caused by the irregularities referred to in article 1. 133-135. Article 137 (1) the acts or facts on which the disclosure was made by law cannot be opposed to third parties, unless the grouping proves that they know.
  

(2) transactions undertaken by the group prior to the 16th day following its publication in the Official Gazette of Romania, part IV-a, the conclusion of judge-delegate are not opposable to third parties, if they prove that they have been unable to get knowledge of them.
  


Article 138


Third parties may, however, apply to acts or facts in respect of which no advertising has been carried out, unless the absence lack of advertising effects.


Article 139 the founders, representatives and others who have worked on behalf of a group in the course of lodging unlimited, joint and several and respond against third parties for legal acts concluded with them on behalf of the group, apart from when the group after it acquired legal personality, he took upon himself. Such acts are considered to be retrieved was of the Group since the date of their conclusion.


Article 140 (1) Neither the group nor third parties cannot oppose in order to evade the obligations, an irregularity in the appointment of representatives, administrators or other persons belonging to the bodies of the group, when that appointment has been published in accordance with the provisions laid down by law.
  

(2) the group cannot invoke against third parties in the appointments referred to in paragraph 1. (1) the cessation of these functions, if they have not been published in accordance with the provisions laid down by law.
  


Article 141 (1) dealings with third parties, the group is committed through acts of its organs, even if such acts exceed the activity, unless he proves that the third party knew or, in the circumstances, should know its being exceeded. Publication of the memorandum may not be the only, evidence of knowledge.
  

(2) the terms of the memorandum of Association of statutory bodies decisions times group, which limits the powers of the law to these organs, are inopozabile third parties, even if they have been published.
  

(3) the articles of incorporation will be able to predict that the group will respond only in the case where two or more trustees acting together. Such a clause may be relied on as against third parties only under the conditions of its publication in the Official Gazette of Romania, part IV-a, under the conditions laid down in article 21. 129. Article 142 the nullity of a grouping of economic interest registered in the commercial register may be declared by the Court only where: (a) the instrument of Constitution or missing) when it has not been concluded in authentic form;
  

b) all the founders were, by law, incapable at the time of the establishment of the Group;
  

c) the aim of the group is unlawful or contrary to public policy;
  

d) missing the conclusion of judge-delegate registration;
  

e legal administrative authorization is missing) for the formation of the group, where this authorization is provided in special laws for carrying out certain activities, such as banking or insurance;
  

f) the articles of incorporation do not provide for name, Head Office and the objects of the grouping.
  


Article 143 Nullity cannot be declared where they cause, invoking the cancellation request, was removed before it can be put into the Fund tribunal findings, except where a declaration of invalidity is caused by unlawful or contrary to public policy group object.


Article 144 (1) referred to the Court with a request for a declaration of invalidity may, even of its own motion, a term to cover the nullity.
  

(2) where, in order to cover nullity, it is necessary the convening group members or communicating the text of the draft judgment together with the documentation, the Tribunal will award, through the closing time for the members to adopt the decision.
  


Article 145 (1) on the date on which the judgment declaring nullity has become irrevocable, a grouping shall cease without retroactive effect and going into liquidation. Laws concerning the liquidation of groups as a result of dissolution shall apply accordingly.
  

(2) by judgment of a declaration of invalidity shall appoint the liquidators and the group.
  

(3) the Tribunal shall communicate this decision to register device, which, after mentioning, it will send an official Monitor of Romania for publication.
  

(4) the members of the group are responsible for their obligations until their coverage in accordance with the provisions of art. 119. Article 146 (1) a declaration of invalidity of the group is without prejudice to any acts concluded in his name.
  

(2) Neither the group nor its members may not oppose third parties of good faith for the nullity of a grouping.
  


Article 147 provisions of cap. V "certain provisions" of the procedural title II "the formation of companies" of law. 31/1990, republished, with subsequent amendments and additions shall apply accordingly in relation to economic interest groups.


Section 5 — Operation of economic interest groups, Article 148 (1) administrators can do all operations required for the implementation of the objects of the group, apart from the restrictions referred to in the articles of incorporation.
  

(2) they are obliged to take part in all meetings of the group, the directors and boards at similar governing bodies.
  


Article 149 (1) administrators who have the right to represent the group cannot transmit unless it faculty have been expressly granted.
  

(2) In case of violation of the provisions of paragraph 1. (1) the group is entitled to claim the benefits resulting from the operation substituting.
  

(3) the administrator who replaces its non other person jointly and severally responsible for any damage to this product.
  


Article 150 obligations and liability of the Trustees shall be those laid down in this title and provisions relating to the mandate.


Article 151 (1) administrators are jointly and severally liable to the company: the existence of records) required by law and correct their holds;
  

b the exact implementation of judgments) General meetings;
  

c strict fulfilment of duties) that the law and the articles of incorporation.
  

(2) the action in liability against the Trustees and creditors of the group it belongs to, however, they will be able to exert only when, through operations carried out in order to achieve the objects of the grouping are not paid on the due date, repeatedly, the Group's obligations or in the event of proceedings governed by law No. 64/1995) concerning the procedure of bankruptcy and judicial reorganization, republished, with subsequent amendments and additions.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 64/1995 rep has been repealed by article 16. 156 of the law nr. 85 of April 5, 2006, published in MONITORUL OFICIAL nr. 359 of 21 April 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 152 (1) In any invoice, offer, order, tariff, leaflet, letter, advertisement, publication or other document, emanating from a group, you must specify: a) the name, accompanied by the words "economic interest group" or the initials "G.I.E.";
  

(b));
  

c) registration code and the trade registry office where the Group has been registered;
  

d) where applicable, an indication that the Group was in liquidation;
  

e) where applicable, an indication that administrators must act jointly, in accordance with the provisions of article 7. 128 lit. d). (2) shall be exempt from the application of paragraph 1. (1) tax receipts issued by electronic measuring instruments marked, which shall comprise the elements provided for in the relevant legislation.
  


Article 153 (1) the general meeting of members of the Group may adopt any decision, including the dissolution of the ruling or extend the duration of the group under the conditions laid down by the articles of incorporation.
  

(2) the articles of incorporation may provide that all or part of the decisions to be taken in certain circumstances for a quorum and the required majority. In the absence of such a stipulation, the decisions shall be adopted by unanimous vote of the members.
  

(3) the articles of incorporation of the Group may stipulate that these decisions or some of these may be taken in consultation with the members; the articles of incorporation shall state in such a case the consultation procedure and the adoption of decisions.
  

(4) the unanimous vote of all members is required for the adoption of decisions concerning the amendment of the object);
  

b) alter the number of votes allocated to each Member;
  

(c) modification of the conditions for) adoption of decisions;
  

d) extending beyond the group the period determined in the articles of incorporation;
  

e) alter the contribution to the capital of members of the Group;
  

(f) alter any other obligation) of members, where through the articles of association do not provide otherwise;
  

g) any amendment to the articles of incorporation, where through the articles of association do not provide otherwise.
  

(5) the articles of incorporation may provide that certain members have a number of votes different from others, but without thereby a member to hold the majority of votes. In the absence of such a stipulation shall be considered that each Member has one vote.
  


Article 154 (1) at the initiative of any Manager or at the request of any Member, administrators are forced to convene as soon as the general meeting of members for the adoption of decisions that go into the powers of the Assembly.
  

(2) the general meeting shall be convened within the time limit prescribed by the articles of incorporation, but which may not be less than 10 days and longer than one month from the date of the call.
  

(3) at the request of any interested person and with the hearing of the parties, the Court at the Group's headquarters will be able to order the convening of the General Assembly, if it is not summoned by the stewards; by the decision of convening the general meeting Court will designate, from among the members of the group, the person who will preside over the General Assembly.
  


(4) all members of the group will be able, if none of them objects, take a general meeting and to take any decision by the Assembly, without complying with the formalities required for convening them.
  


Article 155 (1) Summons may be made by registered letter or, if its rules allow, by simple letter, sent at least 10 days before the date of holding the Assembly, at the Member's address as listed in the evidence. Address change cannot be opposed to the group, unless it has been communicated in writing to the membership.
  

(2) the summons shall include the place and the date of holding of the Assembly, as well as the agenda, with explicit mention of all the issues that will be the subject of the debates of the General Assembly.
  

(3) If the agenda set out proposals for amendment of the articles of incorporation, the convocation will need to include the full text of the proposals.
  


Article 156 (1) members shall be entitled to inform herself about the management of the group, referring to the documents referred to in the articles of incorporation in accordance with art. 122 lit. h). They will be able to ask at their expense, certified copies of them. Having consulted the members will be able to refer the matter in writing to the administrators, who will have to respond in writing, within 15 days from the registration of the referral.
  

(2) If administrators do not respond within the time limit laid down in paragraph 1. (1) members shall be able to address the competent court which will be able to compel the group to pay a sum of money for each day of delay.
  


Article 157 (1) members may elect, by unanimous vote, one or more Admins of them, pinning them tasks, duration and eventual assignment of their remuneration, unless the articles of incorporation not provided otherwise.
  

(2) by unanimous vote the members may decide on the revocation or limitation of administrators of their powers, unless the administrators were appointed by the articles of incorporation.
  


Article 158 (1) a legal person may also be called or chosen Manager of a group of economic interest.
  

(2) the rights and obligations of the Parties shall be determined by a contract. The contract will stipulate, among other things, that legal entity shall designate one or several permanent representatives, individuals. The representative shall be subject to the same conditions and obligations and have the same civil and criminal responsibility as an administrator, a natural person who, acting in his own name without this legal person is to be exempted from liability or to shrink joint and several liability.
  

(3) where the legal entity has its representative, it has revoked the obligation to appoint a replacement.
  


Article 159 (1) Each administrator will have to deposit a guarantee for his administration, as provided for in the articles of association or, in the absence of a provision in it that was approved by the General Assembly. The guarantee may not be less than twice the monthly remuneration.
  

(2) the guarantee shall submit before taking over the function of the administrator; It may be filed and a third party.
  

(3) if the security is not going to be filed before the date of taking over of the tool, the administrator is considered resigned.
  

(4) the security shall remain at the disposal of the Group and will not be reimbursed by the administrator only after the general meeting approved the accounts of the last financial year in which the administrator has performed this function and gave him his discharge.
  


Article 160 signatures of the directors shall be submitted to the trade register Office, under the conditions laid down in article 21. 132 paragraph 2. (1) a certificate issued date with persons who fulfil the responsibility of the trustee which shows it is furnished.


Article 161 (1) If an administrator take the lead an operation that exceeds the limits of the ordinary operations of the activity that a group exercise, it must notify other Admins before you conclude, under penalty of liability for losses resulting from it.
  

(2) in the event of opposition to any of them, will decide which members representing the majority.
  

(3) the agreement concluded against the opposition made is valid against third parties shall not be communicated to this opposition.
  


Article 162 (1) a member who, in a determined operation, has, on its own or on behalf of another, contrary to those interests of the group, may not take part in any deliberation or decision concerning this operation.
  

(2) a member who violates the provisions of paragraph 1. (1) is liable for damages caused to the group, though, without the vote or, would not have obtained the required majority.
  


Article 163 member who, without the written consent of the other members, use the capital, property or credit of the group for the benefit of or in that of another person shall be obliged to reimburse the group benefits resulted and to pay compensation for the damage caused.


Article 164 (1) no member of the Group may take longer than i was for expenses incurred or to be made in the interest of the group.
  

(2) a member who contravenes this provision is liable for the amounts taken and damages.
  

(3) will be able to stipulate, by the articles of incorporation, the conditions under which members may take certain amounts from the group home, on loan, for their expenses.
  


Article 165 (1) the Group may not have as their purpose the obtaining of profits for themselves.
  

(2) if the work of the Group's financial result amounted to annual profit, it will be distributed in full, between the members of the group, by way of dividends, in the proportions laid down in the articles of association or, in the absence of such provision, in equal shares.
  

(3) in the resulting group will not be able to assign, under any circumstances, amounts of money for the establishment of reserve funds.
  

(4) where expenses exceed income group, the difference will be covered by its members in the proportions laid down in the articles of association or, in the absence of such provision, in equal shares.
  

(5) the amounts distributed to the members of the Group's profits, according to para. (2) dividend, which constitute are subject to taxation according to the law.
  


Article 166 When the intake of the group belongs to several persons, they shall be jointly and severally liable towards the Group and must appoint a common representative for the exercise of the rights arising from this contribution.


Article 167 (1) members shall be bound jointly and severally and unlimited for operations carried out in the name of a group of people who they represent.
  

(2) the judgment obtained against each Member of the grouping may be relied on.
  


Article 168 on approval of financial situation and for decisions relating to the responsibility of the Directors is required a majority vote of the members.


Article 169 (1) assignment of, or the provision of security on the part of interest to members or third parties is possible with the unanimous agreement of the members.
  

(2) the provision of security on the part of interest to members or third parties is possible and where it was permitted by the articles of incorporation of the group. In this case, however, a third party cannot be made a member of the group, through the acquisition of the interest in question, than with the unanimous agreement of the other members.
  

(3) no assignment of a member of the losing liberează 's what you may owe in capital or contribution.
  

(4) against third parties the assignor remains liable according to the provisions on the exclusion of members.
  

(5) When the Constitutive Act provides for cases of withdrawal of a member, shall apply the provisions of articles properly. 182 and 186.
  


Article 170 right to represent each group belongs to the administrator, unless the contrary exists in the communiqué of incorporation.


Article 171 (1) If the articles of incorporation provide that administrators can work together, the decision must be taken unanimously; in case of divergence between administrators, will be decided by a majority vote of the members.
  

(2) for urgent, whose failure would cause a great damage to the group, a single administrator can decide in the absence of others, who find themselves unable, even temporarily, to take part in the administration.
  


Article 172 of the economic interest Group shall apply, as appropriate, the provisions of the law on accountancy No. 82/1991 republished.


Article 173 (1) the annual financial statement of the Group of economic interest will be drawn up following the rules laid down for the society. After approval by the general meeting of members, the financial situation will be filed by Admins, within 15 days, the administration of public finances.
  

— — — — — — — — — — —-. (1) of article 1. 173 was amended by the repeal of the final thesis of this subparagraph by subparagraph (a). s) art. III of the EMERGENCY ORDINANCE nr. 37 of 13 April 2011, published in MONITORUL OFICIAL nr. 285 22 April 2011.

(2) approval of the annual financial statement to the General Assembly not to impede the exercise of the action in liability against the Trustees.
  


Section 6-modification of the articles of incorporation in article 174 (1) articles of incorporation may be amended by the members, with due regard for the conditions of substance and form prescribed for his conclusion.
  

(2) Repealed.
  

— — — — — — — — — — — —-. (2) of article 9. 174 was repealed by paragraph 1. (2) of article 9. 46, Cap. VIII of law No. 359 on 8 September 2004, published in Official Gazette No. 839 of 13 September 2004.


(3) the addendum containing the full text of the articles of incorporation, as amended, shall be submitted to the trade register Office and outlined in this workbook. The Act will be published in full in the modifier Official Gazette of Romania, part IV.
  

(4) If you bring several changes of incorporation be simultaneously, successively, it either will be updated with any changes to date and, in this form, will be submitted to the trade register Office.
  

(5) In the form of updated according to the preceding paragraph may omit the name or business name and other identifying data of the founders and first members of the group.
  

(6) Failure is permissible only if they last at least 5 years from the date of registration of the Group and only if the articles of association do not provide otherwise.
  


Article 175 (1) personal Lenders you can group members make opposition, pursuant to article. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions, the judgment of the Assembly members to extend the duration of a grouping beyond any period fixed initially, if they have rights laid down by the previous judgment enforcement.
  

(2) When the opposition was admitted, members must decide, within one month from the date on which the judgment became final, if I understand to drop extension or exclude from group member of the borrower of the opponent.
  

(3) In the latter case the Member of the debtor's rights due will be calculated on the basis of the last approved financial statements.
  

(4) in the event of opposition on the rights of the Member in the group subject to redemption, it is to be ascertained by an expert appointed by the parties or in the absence of consent, by the tribunal, by a final conclusion.
  


Article 176 where the Group was constituted with capital reduction or increase thereof to carry out properly the reduction or increase of capital the companies.


Section 7-the termination of membership. Exclusion and withdrawal of members of the Group of economic interest Article 177 (1) membership shall cease, as appropriate, by: a) exclusion;
  

b) retreat;
  

c assignment of Parties), in accordance with the law and the articles of incorporation;
  

d) death, i.e. cessation of legal personality, in accordance with the law.
  

(2) may be excluded from the Group of economic interest: a) the Member who put in arrears, unable to perform the intake to which it was bound;
  

b) member of the bankrupt or has become incapable legalmente;
  

c) Member who mix without the Administration, contrary to the provisions of article 3. 163 times disturbs or threatened with serious disturbance of officials;
  

d) administrator who commits fraud member in harm or is served by the signature of the buyer group times the benefit or others;
  

e a member against whom there is) an enforceable title held by a third party who is opposed to the decision on extension of the duration of a grouping, in accordance with art. 175. Article 178 (1) immediately after a member ceases to belong to a group, the administrators shall inform the other members concerned and shall mention it deems necessary to carry out the trade register and the publication in the Official Gazette of Romania, part IV.
  

(2) where administrators not taken measures under paragraph 1. (1) any interested person may act for the implementation of these measures.
  


Article 179 (1) If the articles of association do not provide otherwise, the group will continue to exist after a member has ceased this quality, as stipulated in the articles of incorporation or established with the unanimous agreement of members remaining.
  

(2) the provisions of paragraphs 1 and 2. (1) without prejudice to the rights acquired by a person in accordance with article 4. 169 para. (1) and art. 186 para. (2) Article 180 (1) Exclusion rule, at the request of the majority of group members, where otherwise provided for in the articles of incorporation, by court order.
  

(2) the application shall cite the exclusion group and a member of the respondent.
  

(3) as a result of exclusion, the Court shall order, by the same decision, and with respect to participation in the capital structure of the Group's other members.
  

(4) a judgment is final exclusion will make, within 15 days, the trade registry office to be included in the operative part of the judgment, and will be published at the request of, and in the Official Gazette of Romania, part IV.
  


Article 181 (1) Member excluded shall be responsible for losses and he is entitled to benefits until the day of his exclusion, however, will not be able to liquidate their demands until they are not broken down according to the provisions of the articles of incorporation.
  

2. the Member excluded shall not be entitled to a proportional part of the group, but only to an amount of money equivalent to its value at the date of his final exclusion.
  


Article 182 (1) excluded Member shall remain liable toward third parties for transactions made by the group to this day remaining the final judgment.
  

(2) If, at the time of exclusion are developing enforcement operations, the Member is required to bear the consequences and will not be able to withdraw that portion to him until after the completion of those transactions.
  

(3) entitlement to the action against the Member of the excluded as provided for in paragraph 1. (1) prescribe the term of 5 years, which run from the date of publication of the mention regarding its exclusion in the Official Gazette of Romania, part IV.
  


Article 183 (1) any member of a grouping may withdraw from the Group: a) in the cases provided for in the articles of incorporation;
  

b) with the consent of all other members;
  

(c) in the absence of provisions) in the articles of incorporation or when you are not unanimous agreement, the Member may withdraw for good reasons, based on a ruling by the Court, subject only to appeal within 15 days of the notice.
  

(2) In the situation referred to in paragraph 1. (1) (a). c) the Court shall order, by the same decision, and with respect to participation in the capital structure of the Group's other members.
  

(3) the Member's Rights, due to its parts, shall be determined by agreement of the times by an expert designated by them or, in the event of disagreement, the Court, through a final discharge.
  

(4) the Member's Rights, mentioned in paragraph 1. (3), cannot be determined in advance as a lump sum.
  

(5) the provisions of art. 182 concerning the liability of the Member of the excluded towards the obligations arising from the work of the group until such time as a definitive decision whether the exclusion is applied properly, the Member's and the one to whom ceases otherwise this capacity.
  


Section 8 of the Dissolution, merger and Division of the Group of economic interest Article 184 (1) of the economic interest Group shall be dissolved through: a) time fixed for the duration of the grouping;
  

b) realization of the object of activity of the group or its achievements;
  

c) Declaration of invalidity;
  

d) Assembly members, adopted by unanimity, except in cases where the instrument of incorporation provides otherwise;
  

e) judgment of the Court, at the request of any Member, for serious reasons, such as serious misunderstandings between members, which impede the functioning of the group, as well as at the request of any competent public authority;
  

f) bankruptcy;
  

g) other causes provided by law or the articles of incorporation of the group.
  

(2) in the case referred to in paragraph 1. (1) (a). the members must be) refer to, at least 3 months before the expiry of the Group on whether to extend it.
  

Failing that, at the request of any of the members, the Tribunal will be able to order through a final discharge, making the consultation.


Article 185 (1) the group is dissolved by entering into bankruptcy, failure, death, withdrawal or exclusion, i.e. cessation of legal personality under the law of one of the members, when, due to these causes, the number of members was reduced to just one.
  

(2) shall be exempt if the articles of incorporation of the clause still exist heirs.
  


Article 186 (1) If a member dies and if there are no contrary to the Convention, the group must pay the appropriate heirs, after the last approved financial statement within 3 months of the date of notification of the Member's death if remaining members unanimously decide not to continue with the Group consenting heirs.
  

(2) In the event of death of a member, nor any other person shall become a member in his place, except where the instrument of incorporation provides otherwise or, in the absence of express provisions to this effect, only with the unanimous agreement of members remaining.
  

(3) the heirs shall remain liable, under art. 181, until the publication of the changes that have occurred.
  


Article 187 (1) In case of dissolution of the Group's members, they will be able to return, with a majority required for amending the articles of incorporation, the judgment taken as long as there has been no distribution of assets.
  

(2) the new ruling stated in the commercial register, the trade register Office after which it will send an official Monitor of Romania, for publication in part IV of the Group's expense.
  

(3) Creditors and any interested party may make opposition to court to challenge the judgment, under art. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions.
  


Article 188


(1) the dissolution of the group must be entered in the register and published in the Official Gazette of Romania, part IV-a, apart from the case referred to in article 1. 184 para. (1) (a). a). (2) the inclusion and publication shall be made in accordance with art. 174, when the dissolution takes place on the basis of a decision of the General Assembly, and within 15 days of the date on which the judgment became final, when the dissolution was pronounced by Justice.
  

(3) in the case referred to in article 1. 184 para. (1) (a). f), dissolution is pronounced by the judge appointed by the same conclusion by deciding entry into bankruptcy.
  


Article 189 (1) dissolving the Group has the effect of winding-up proceedings have been opened. Dissolution without liquidation takes place in case of a merger of Group Division times or in other cases provided by law.
  

(2) from the time of the dissolution, administrators can no longer undertake new operations; otherwise, they are jointly and severally liable for staff and the operations which they have undertaken.
  

(3) the prohibition provided for in paragraph 1. (2) shall apply from the day of expiry of the time fixed for the duration of the grouping or from the date on which the dissolution was decided by the General Assembly or by a court ruling declared.
  

(4) the group retains its legal personality for the liquidation operations, until the completion of it.
  


Article 190 dissolving the group prior to the expiry of the period for its duration shall have effect against third parties only after a period of 30 days following publication of the decision of the General Assembly in the Official Gazette of Romania, part IV.


Article 191 Members of the Group may decide, with the dissolution of the quorum and the majority, with foreseen for amendment of the articles of incorporation, and the mode of liquidation of the group when I agree with respect to the allocation of assets and liabilities and the liquidation of the group when insure liability extinguishment or settlement's agreement with lenders.


Article 192 (1) at the request of any interested person, the Court will be able to pronounce the dissolution of the group in cases where: (a) the group no longer has) statutary or they cannot meet;
  

(b) the Group has not filed), not later than 6 months after the expiry of the statutory time limits, annual financial statements or other documents under the law, shall be submitted to the trade register Office;
  

c) the Group has ceased, no headquarters known either satisfies the conditions relating to the establishment or the members have disappeared or are domiciled or resident.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). c) are not applicable where the Group was in temporary inactivity and fiscal authorities announced entered in the commercial register. Duration of inactivity may not exceed 3 years.
  

(3) a court judgment by which the Device has rejected the dissolution shall be registered in the commercial register, shall communicate to the General Directorate of the county public finance, Bucharest, and published in the Official Gazette of Romania, part IV-a, at the expense of the holder request for dissolution, which moving against the group.
  

(4) in the case of several judicial winding-up, for the situations listed in paragraph 1. (1) advertisement will be able to perform in the Official Gazette of Romania, part IV-a, in the form of a table showing: unique registration code, name, legal form and registered office of the group dissolved, the Court which ordered the dissolution, the file number, the number and date of the judgment of dissolution. In these cases the rates of publication in the Official Gazette of Romania shall be reduced by 50%.
  

(5) Any person may appeal against the ruling is made, within 30 days after the making of advertising under the conditions of paragraph 1. (3) and (4). The provisions of paragraph 1 of article 60. (3) and (4) of law No. 31/1990, republished, with subsequent amendments and additions, shall apply accordingly.
  

(6) on the date of final judgment the Court whether the group will be removed from the register of Commerce, ex officio, unless the judgment of the Court of first instance has been disposed otherwise: Article 193 (1) Merger is made by a group led by another group, or through the amalgamation of two or more groups to form a new group.
  

(2) the Division is made by dividing the entire heritage of a group ceases its existence between two or more existing groups or taking such a being.
  

(3) the group does not cease existence where part of the patrimony or detaches and is transmitted to one or more legal persons or taking such a being.
  

(4) in Groups winding can merge or divide unless started distribution among members of what would be appropriate from liquidation.
  


Article 194 (1) Merging or splitting of each group decides, subject to the conditions laid down for the amendment of the articles of incorporation of the group.
  

(2) if the merger or Division is set up a new group, it is constituted under the conditions provided for in this title.
  


Article 195 merger or Division of the dissolution without liquidation of the group ceases its existence and transmission of universal or universal way of heritage or the groups resulting from the merger times/divide, in the condition in which it is found at the time of the merger or Division, instead of the assignment of parts of interest to group members who cease and possibly a sum of money not exceeding 10% of the nominal value of the assigned interest parties.


Article 196 In the decision of the general meeting of the members of each of the groups that participate in the merger or the Division, their managers draw up draft terms of merger or Division, which will include: a) name all groups participating in the operation;
  

b) grounding and the conditions of the merger or Division;
  

(c) establishment and assessment) assets and liabilities, which shall be sent to the beneficiary groups;
  

d) where appropriate, detailed rules for submission of the parties of interest and the date from which they will entitle to dividends;
  

e) share-exchange ratio of the parties and, where appropriate, the amount of any compensation;
  

f date of financial statement) merger/Division, which will be the same for all participating groups;
  

g) any other data showing interest for operation.
  


Article 197 (1) the draft terms of merger or Division, signed by representatives of the participating groups, shall be submitted to the trade register Office where each group is registered, accompanied by a statement by the group which cease to exist as a result of the merger or the Division about how he planned to extinguish the liability side.
  

(2) the draft terms of merger or Division, endorsed by the judge-delegate, shall be published in the Official Gazette of Romania, part IV-a, at the expense of the parties, in full or in extract, according to the disposition of the judge-delegate or the application of the parties, with at least 30 days prior to the meetings in which data general meetings to decide on the merger/Division.
  


Article 198 (1) Any creditor of the merging group or divide, having a claim before the publication of the draft terms of merger or Division, the opposition may be made pursuant to article. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions.
  

(2) Opposition to suspend the execution of the merger or the Division until the date on which the judgment became final, unless the borrower group proof of payment or debt guarantees accepted by creditors times agrees with whom an arrangement for payment of debts.
  

(3) the provisions of article 4. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions shall remain applicable.
  


Article 199 (1) managers of the groupings which merge or divide will make it available to the members of the groups, at least one month before the date of the meeting of the General Assembly: a) draft terms of merger or Division;
  

b) report of the directors, it is justified in terms of legal and economic necessity of a merger/Division, and will determine the exchange ratio of the parties concerned;
  

c) financial statements together with the reports on the past three financial years, as well as three months before the date of the draft terms of merger or Division;
  

d) auditor;
  

e) track contracts with values exceeding 100,000,000 lei, running, and their assignment in case of Division of the group.
  

(2) members will be able to obtain free copies of the acts listed in paragraph 1. (1) or extracts from them.
  


Article 200 in the case of a merger by absorption, the Group's managers are responsible towards civil absorbed members absorbed their respect caused due to errors committed in the framework of the merger operation.


Article 201 (1) not later than two months following the expiry of the period provided for in art. 198 or, where appropriate, from the date on which the judgment became final, the general meeting of each of the participating groups will decide on the merger or the Division.
  

(2) incorporation of new groups established by merger or Division shall be approved by the General Assembly of the group or groups that cease existence.
  


Article 202 (1) the Act of incorporation of the modifier of the Group shall be recorded in the register of absorbing trade in whose constituency group has its head office and, approved by judge-delegate, shall be, ex officio, the Romanian official monitor, for publication in part IV of the Group's expense.
  


(2) advertising of groups absorbed can be performed by the group, where those groups have not been received within 15 days after the endorsing of the Act of incorporation of the modifier group absorbent by judge-delegate.
  


Article 203 the merger or Division shall take place at the following dates: a) in the case of the establishment of one or more new groups, the date of registration in the commercial register of the new group and the last of them;
  

b) in all other cases, the date of entry in the commercial register the indication concerning the increase in the share capital of the group.
  


Article 204 in the case of a merger by absorption, absorptive Group acquires the rights and obligations held by the group which it absorbs, and in the case of a merger by melding, rights and obligations of groups that cease existence pass over the new group so established.


Article 205 (1) groups who acquire goods through the Division responsible for its obligations towards creditors group who ceased existence by Division, in proportion to the value of assets acquired, unless the Act of Division settled other proportions.
  

(2) if it is not possible to establish the group liable for an obligation, which has acquired the property through a division responsible jointly and severally.
  

(3) the contribution of part of an asset group to one or more existing groups or taking such parties in Exchange for being of interest what is awarded to members of that group to beneficiary groups, is, appropriately, the legal provisions relating to the Division, if it takes place through detachment under art. 193 para. (3) Section 9 of the winding-up of the Group of economic interest. Economic interest group's insolvency Article 206 (1) For the liquidation and distribution of the economic interest group heritage, even though in the memorandum foresees rules to this effect, the following rules are mandatory: a) until taking over the function of the liquidators, administrators continue their mandate, except in the case provided for in article 10. 189;
  

(b) the Act of appointment) the liquidators or sentence whom you subsequently place and any act that would bring about change in their person, must be submitted, by the liquidators, the trade registry office, in order to be scored immediately and published in the Official Gazette of Romania, part IV.
  

(2) only after the formalities at para. (1) the liquidators shall deposit their signature specimen in the commercial register and shall exercise this function.
  

(3) in the publication referred to in paragraph 1. (2) no action can not exercise for the group or its counter than on behalf of their times against the liquidators.
  

(4) in addition to the provisions of this chapter shall apply to liquidation of groups in the rules set by the articles of incorporation and by the law, insofar as they are not incompatible with liquidation.
  

(5) all documents emanating from the group must show that it is in liquidation.
  


Article 207 (1) the liquidators may be natural persons or legal entities. 3. the permanent representatives or individuals, individuals of lichidatoare shall be authorized, under the conditions of liquidators.
  

(2) Liquidators have the same responsibility as administrators.
  

(3) the liquidators are required, immediately after taking over the function, that together with the Administrators group to make an inventory and to complete a financial statement stating the exact situation of the assets and liabilities of the Group and to sign them.
  

(4) the liquidators are obliged to receive and keep the assets of the group, what records were entrusted to Admins or the group. They also will keep a register of all operations of the liquidation, in order of their date.
  

(5) the liquidators to fulfil their mandate under the supervision of persons fulfilling the responsibility of trustee.
  


In the case of article 208 groups whose work was carried out on the basis of the authorization of the environmental law environmental protection no. 137/1995, republished, with subsequent amendments, the liquidators are obliged to take measures to carry out the environmental balance sheet provided for in this law and to communicate the results of this balance of territorial environmental protection agency.


Article 209 (1) in addition to the powers conferred by the members, by the same majority required for their appointment, the liquidators will be able: to stand in judgment) and to act in the interests of either the winding-up;
  

b) to execute and complete property transactions relating to the winding-up proceedings;
  

c) sell by public auction real estate and any movable wealth;
  

d) conclude transactions;
  

e) to liquidate and to collect the claims of the group, even if the borrowers are subject to the procedure stipulated by the law. 64/1995) concerning the procedure of bankruptcy and judicial reorganization, republished, with subsequent amendments, giving your receipt;
  

f) to contract obligations, borrowing cambial neipotecare and to undertake any other necessary documents.
  

(2) they may not, however, in the absence of specific provisions in the articles of incorporation or act out their appointment, to provide mortgages upon property of the group, unless they are authorized by the Court on the advice of persons fulfilling the responsibility of trustee.
  

(3) Liquidators who shall undertake new operations that are not necessary for the purpose of the liquidation are liable personally and jointly and severally for their execution.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 64/1995 rep has been repealed by article 16. 156 of the law nr. 85 of April 5, 2006, published in MONITORUL OFICIAL nr. 359 of 21 April 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 210 (1) the liquidators may not pay any amount members on behalf of the parties what would be appropriate from liquidation, before payment of the creditors of the group.
  

(2) members will be able to ask, however, that the amounts withheld to be submitted to the House of savings and other times Consemnaţiuni Bank or one of their units and the allocation is to be made on the parts of interest even during the liquidation, if, apart from what is necessary for the fulfilment of all obligations of the group, due or which will reach maturity There remains an available, at least 10% of their amount.
  

(3) decisions of the liquidators can do opposition group creditors pursuant to article. 62 of the Act No. 31/1990, republished, with subsequent amendments and additions.
  


Article 211 Liquidators which substantiate, by presenting the financial situation, that the funds available to the group are not sufficient to cover the balance due should wax the sums required.


Article 212 Liquidators who paid the debts of the group with their own money, will not be able to exercise their rights against group larger than those belonging to pay creditors.


Article 213 (1) Creditors of the group have the right to pursue actions against liquidators arising from claims to run, up to an existing property in the patrimony of the group, and only afterwards moving against its members.
  

(2) the right to action against members of the group, referred to in paragraph 1. (1) prescribe the term of 5 years, which run from the date of publication of the mention regarding termination of the liquidation in the Official Gazette of Romania, part IV.
  


Article 214 (1) liquidation of the group must be completed no later than three years from the date of dissolution. For special reasons the Court may extend this time limit by a maximum of 2 years.
  

(2) within 15 days after the completion of the liquidation, the liquidators will demand cancellation of the Group's commercial register, under penalty of a fine of 1,000,000 lei for each day of delay, which will be applied by the judge-delegate, following referral to any interested party. Conclusion the judge-delegate will be final and enforceable.
  

(3) Deletion and can be done from the Office.
  

(4) no liberează on the liquidation of members and shall not preclude the opening of a judicial reorganisation and bankruptcy.
  


Article 215 (1) after approving the reckoning and the completion of distribution records and records Group, which will not be necessary for any of the members, shall be submitted to the Member appointed by the majority or, if none of them does not want trade registry office, at the expense of the group.
  

(2) the Group Records will be kept for 5 years and can be consulted by any interested party, at its expense.
  


Article 216 (1) liquidators will be made by all members, whether in the articles of association do not provide otherwise.
  

(2) If you will be able to meet the unanimity of votes, the liquidators will be made by the Court, at the request of any Member, administrator with the times obeying all the members and administrators.
  

(3) Against the sentence appeal can be declared only by the members or trustees, within 15 days from delivery.
  


Article 217 (1) After the completion of the liquidation, the liquidators group must draw up the accounts of the liquidation and to propose the distribution of assets among members.
  

(2) a member of the disgruntled opposition may be made pursuant to article. 62 of the Act No. 31/1990, republished, with subsequent amendments and completions, within 15 days following notification of the financial situation of liquidation and distribution project.
  

(3) in order to solve problems relating to the liquidation of opposition will be separated from those of the apportionment, against which the liquidators can remain strangers.
  


(4) after the expiry of the period referred to in paragraph 1. (2) or after the sentence over the opposition remained irrevocable, accounts of liquidation and distribution shall be deemed approved and liquidators are liberaţi.
  


Article 218 (1) of the economic interest Group, which is in a State of insolvency, will be subjected to bankruptcy proceedings to reorganise it and, under the conditions established by law No. 64/1995) concerning the procedure of judicial reorganization and bankruptcy, republished, with subsequent amendments.
  

(2) the provisions of paragraphs 1 and 2. (1) applies regardless of the status of trader or necomerciant of the economic interest group.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 64/1995 rep has been repealed by article 16. 156 of the law nr. 85 of April 5, 2006, published in MONITORUL OFICIAL nr. 359 of 21 April 2006.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Section 10 Bans. Penalties Article 219 (1) may be granted to the directors remuneration and any other amounts or benefits solely on the basis of a decision of the General Assembly.
  

(2) it is prohibited to crediting by the group to its administrators, through some operations, such as loans to directors);
  

(b) the granting of financial advantages) managers in connection with or after the conclusion of the group with these operations supply of goods, services or work;
  

c) guarantee, directly or indirectly, in whole or in part, of any loans granted to administrators, concomitant or subsequent to the granting of the loan;
  

d) guarantee, directly or indirectly, in whole or in part, of the work executed by Admins any other personal obligations towards third parties;
  

e) acquisition consideration or payment, in whole or in part, of a debt which has as a loan granted by a third person or other managers personal benefit.
  

(3) the provisions of paragraphs 1 and 2. (2) are applicable to operations in which they are interested in your spouse, family members or relatives up to the fourth degree inclusive you Manager; also, the provisions of paragraphs 1 and 2. (2) are applicable whether a concern civil or commercial company to one of the previously mentioned individuals is administrator or director times holds single fold along with one of the above-mentioned persons, a share of at least 20% of the issued share capital.
  

(4) the provisions of paragraphs 1 and 2. (2) do not apply if: (a)) operations whose aggregate value is less than the fixed amount equivalent in MDL of 5,000 euro;
  

b) where the operation is terminated by the group under the conditions of the exercise of its activity, and the terms are not more favourable to the operation of the persons mentioned in paragraph 1. (2) and (3) than that, typically, the group practice towards third parties.
  


Article 220 (1) the administrator who has in a given operation, directly or indirectly, interests which conflict with the interests of the group must notify the Admins about it on others and on the audit and will not take part in any deliberation concerning this operation.
  

(2) the same requirement the administrator where, in a given operation, know that they are concerned his wife, his relatives or family members up to the fourth degree inclusive.
  

(3) the administrator who has not complied with the provisions of paragraphs 1 and 2. (1) and (2) may be liable for damages that have a result for the group.
  


Article 221 (1) if the articles of incorporation not provided otherwise, and subject to the provisions of art. 220 dobândirile of disposal, namely goods, carried out by the Administrators or from the Group of economic interest before getting the approval of the General Assembly, are hit by invalidity.
  

(2) the provisions of paragraphs 1 and 2. (1) also applies to renting or leasing operations.
  

(3) the provisions of this article are applicable to operations in which one party is relative or spouse of the Manager of times cranberry, up to the fourth degree inclusive, thereof; also, if the operation is terminated with a civil or commercial company to one of the previously mentioned individuals is administrator or director holds single or fold together, a share of at least 20% of the issued share capital.
  


Article 222 Repealed.
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Art. 222 was repealed by section 6 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 223 (1) violation of the obligations laid down in article 21. 152 constitutes contravention and shall be sanctioned with a fine of 5,000,000 to 10,000,000 at lei lei.
  

(2) the finding of violations and sanctions are carried out by bodies of the Ministry of public finance.
  

(3) the Offences referred to in paragraph 1. (1) apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended.
  


Article 224 Repealed.
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Art. 224 was repealed by section 6 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 225 (1) shall be punished with imprisonment from six months to three years or with fine founder, an administrator or legal representative of the group, that: (a)) uses, in bad faith, goods or credit group enjoys a purpose contrary to its interests or for the benefit of his own times to promote another legal person in which a direct or indirect interest;
  

b) borrow in any form, under conditions other than those expressly permitted by law, either directly or through an intermediary, the group that runs it, from a company controlled by it makes one of these legal entities to give any security for the debt;
  

(c) violates the provisions of article) 165 para. (3) (2) shall be punished with imprisonment from one year to five years the person referred to in paragraph 1. (1) that receives or pays dividends, in whatever form, of fictitious profits or which could not be distributed.
  

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Art. 225 was modified by point 7 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 226 shall be punished with imprisonment from one month to one year or with fine administrator times the legal representative of the group, which meets: (a) General Assembly decisions) relating to a merger or Division of the company or reduce capital group, before expiry of the time limits provided for by law;
  

(b) General Assembly) meets regarding reduction of capital group, which members may have been run for making payment due or that they have been relieved by the decision of the general meeting the payment of replenishment;
  

(c) General Assembly) meets regarding the merger, Division, dissolution, reorganization or reduction of the registered capital, without informing the judicial organ with violating the prohibition laid down by the latter, in the case against the company was prosecuting.
  

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Art. 226 was amended by section 8 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 227 (1) is punishable by imprisonment from one month to one year or with a fine administrator: a) violates, directly or by individuals or by frontmen simulated acts, the provisions of art. 220;
  

(b) the General Assembly shall convene no) in cases stipulated by law;
  

c) issues marketable securities representing parts of interest to a group of economic interest.
  

(2) the penalties provided for in paragraph 1. (1) there shall be imposed, and a member of the Group of economic interest that violates the provisions of article 4. 162. Article 228 shall be punished with imprisonment from three months to one year or with fine founder, administrator of times exercising the functions of the auditor or any duties in violation of the provisions of article 3. 120 para. (3) and (4) concerning incompatibility.
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Art. 228 was modified by point 9 of article. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 229 article 4. 223-227 shall apply and the liquidator.


Article 230 shall be punished with imprisonment from one month to one year or with fine which he makes payments to members in violation of the provisions of article 3. 210. Article 231 Repealed.
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Art. 231 was repealed by paragraph 10 of article 10. 130, title II of law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Chapter II European economic interest Groups Article 232 (1) European economic interest Groups-EEIG, patrimonial purpose legal entities, are recognized and can operate in Romania, pursuant to Council Regulation (EEC) No 2092/91. 2.137/85 of 25 July 1985 on the establishment of european economic interest group (EEIG), published in the official journal of the European Communities No. L 199 of 31 July 1985 and the present law.
  

(2) European economic interest Groups registered in Romania cannot have more than 20 members.
  

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Art. 232 was amended by section 3 of article 9. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Repealed by article 233.
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Art. 233 was repealed by paragraph 4 of art. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234


(1) european economic interest Group shall be set up under the contract signed by all members and concluded in authentic form, known as memorandum of Association.
  

(2) within 15 days from the date of incorporation of authentication european economic interest group, the founders or administrators or a trustee thereof will require registration in the commercial register in whose territorial RADIUS will have group headquarters, according to the law No. 26/1990 on the commercial register, republished, with subsequent amendments and additions, and of law No. 359/2004 concerning the simplification of the formalities for the registration in the commercial register of natural persons, family associations and legal persons, their tax registration, as well as the operation of legal persons, with subsequent amendments and additions.
  

(3) European economic interest Groups acquire legal personality from the date of registration, which shall be carried out within 24 hours from the date of pronouncement of the conclusion of the judge-delegated authorising registration group.
  

(4) the registration in the commercial register shall not be contingent character of european economic interest group.
  

(5) upon completion of registration, the trade registry office shall, ex officio, an extract from the conclusion of judge-delegate of the autonomous public corporation «Official Gazette», for publication at the expense of the applicant.
  

(6) After each change of the articles of incorporation, directors submitted to the trade register Office in whose territorial RADIUS head office european economic interest group, within 15 days, the modifier and the full text of the articles of incorporation in authentic form, updated with all the changes, which will be registered pursuant to the judgment of judge-delegate.
  

(7) the trade registry office shall submit the act ex officio and such modifier recorded a notification of updated text on the filing of the articles of incorporation to the Autonomous Regia «Official Gazette», to be published in Part IV, on behalf of the european economic interest grouping.
  

(8) the founders, administrators, respectively, jointly and severally responsible for any damage that you cause by failure to comply with the obligations laid down in paragraph 1. (1) and (3).
  

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Art. 234 was amended by section 5 of art. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 1 where the founders or the representatives of the european economic interest group have not asked for the registration to the lawful time limit, any Member may request the trade register Office conducting the registration, after notification, by registered letter or, put late founders group representatives, and the times they were not complied with no later than 8 days after receipt.
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Art. 234 ^ 1 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 2 (1) in the event of irregularity after registration, european economic interest group is obliged to take measures for their elimination, no later than 8 days from the date of establishment thereof.
  

(2) where the european economic interest group does not comply with, any interested person may ask the Court to compel Group bodies, under penalty of payment of periodic penalty payments, eliminate irregularities observed according to the provisions of paragraph 1. (1) and (3) the right to action for regularization shall lapse with the passage of a period of 6 months from the date of registration the european economic interest grouping.
  

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Art. 234 ^ 2 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 243 ^ 3 In any invoice, quote, order, tariff, leaflet, letter, advertisement, publication or other documents emanating from a european economic interest group, you must specify the name, accompanied by the words «european economic interest grouping ' or by the initials «EEIG».
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Art. 234 ^ 3 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 4 Nullity of a european economic interest group is registered in the commercial register may be declared by the Court only where: (a) the instrument of Constitution or missing) when it has not been concluded in authentic form;
  

b) all the founders were, by law, incapable at the time of the establishment of the Group;
  

c) the aim of the group is unlawful or contrary to public policy;
  

d) missing the conclusion of judge-delegate registration;
  

e legal administrative authorization is missing) for the formation of the group, where such authorization is required under the special laws for carrying out certain activities, such as banking or insurance;
  

f) the articles of incorporation do not provide for name, Head Office and the activity of the group.
  

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Art. 234 ^ 4 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 5 Nullity cannot be declared where they cause, invoking the cancellation request, was removed before it can be put to the tribunal's substantive conclusions, except where a declaration of invalidity is caused by unlawful or contrary to public policy of the article european economic interest group.
------------
Art. 234 ^ 5 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 (1) ^ 6 referred to the Tribunal a request for a declaration of invalidity may, even of its own motion, a term to cover the nullity.
  

(2) where, in order to cover nullity is necessary convening members european economic interest group or communicating the text of the draft judgment together with the documentation, the Tribunal will award, through the closing time for the members to adopt the decision.
  

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Art. 234 ^ 6 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 7 (1) the date on which the judgment declaring nullity has become irrevocable, european economic interest group is dissolved and enters into liquidation.
  

(2) by judgment of a declaration of invalidity shall appoint the liquidators and european economic interest group.
  

(3) the Tribunal shall communicate this decision to register device, which, after the inclusion of the statement, it will be sent for publication in the Official Gazette of Romania, part IV.
  

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Art. 234 ^ 7 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 8 european economic interest Group may not issue shares, debentures or other negotiable securities.
------------
Art. 234 ^ 8 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 234 ^ 9 (1) a legal person may also be called or chosen Manager of a european economic interest group.
  

(2) the administrators shall be jointly and severally liable for the performance of all the obligations laid down in their task of Council Regulation No 1605/2002. 2137/85 of 25 July 1985 on the establishment of european economic interest group (EEIG), published in the official journal of the European Communities No. L 199 of 31 July 1985, of this law and of the articles of incorporation.
  

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Art. 234 ^ 9 was introduced by paragraph 6 of article 19. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 235 (1) European economic interest Groups can set up subsidiaries in Romania, as well as branches, representative offices and other units without legal personality.
  

(2) establishing branches or subsidiaries in Romania will be subject to all the provisions relating to the registration, and publication of documents and facts required for economic interest groups.
  

(3) European economic interest Groups are not subject to authorisation provided for by Decree-Law No. 122/90 concerning the authorisation and operation of representative offices in Romania of companies and economic organisations, with subsequent amendments and additions.
  

(4) Registration Applications shall indicate: (a) name and branch/subsidiary) and the name european economic interest group;
  

b) the objects of the branch/subsidiary, stating the scope and the main activity, and or non-commercial nature of the activity;
  

c) name and the quality of the people who may represent towards third parties and in legal proceedings the european economic interest group, as well as of those of them who deals directly from the activity of the branch/subsidiary;
  

d) what powers were conferred on the representatives and if they are to exercise them together or separately;
  

e) accounting documents of european economic interest group, vetted and published according to the laws of the State in which it has its registered office.
  

(5) will be subject to registration and the particulars relating to: (a) judicial proceedings) or out-of-court insolvency over the european economic interest grouping;
  


b) dissolution of european economic interest group, the name/designation and powers of liquidators;
  

c) closure of the branch/subsidiary.
  

(6) All these formalities will be done at the trade register Office at the headquarters of the branch or subsidiary.
  

(7) where a european economic interest group set up more branches in Romania, constituent documents and other documents of the same european group, necessary for the registration of a branch, are submitted only to one of the branches.
  


Article 236 (1) the representative or representatives of the branch of a european economic interest group shall be responsible, individually or jointly, as appropriate, against the group or against third parties, for violation of laws regulating economic interest groups, for infringement of the provisions of the memorandum of association or for fault in isometric activity, which have produced such damage.
  

(2) where several representatives can be held responsible for the same facts, the Court will determine the contribution of each person to repair the damage.
  


Article 237 the annual revenues of the branch of a european economic interest group shall be taxed in accordance with the provisions of Ordinance No. 24/1996 on the tax on the income of subsidiaries of companies from Romania and foreign economic organizations, approved and amended by law No. 29/1997, with subsequent amendments.


Article 237 ^ 1 (1) the headquarters of the european economic interest group may be moved to another Member State, by members of the group decision, taken unanimously.
  

(2) the draft decision referred to in paragraph 1. (1) will be communicated through the care managers, within 15 days after it is prepared, at the trade register Office at the headquarters of european economic interest group, in order to transfer intent is acknowledged in the commercial register.
  

Trade Registry Office will forward the draft for publication in the Official Gazette of Romania, part IV.

(3) within two months from the date of publication of the Official Gazette of Romania, part IV-a, any interested person may make opposition, on grounds of public policy, in accordance with the law No. 31/1990, republished, with subsequent amendments and additions.
  

(4) a final judgment by which it resolves the opposition decision to transfer the registered office referred to, of course, in the commercial register.
  

(5) After the final judgement remained elevated with the observation in paragraph 1. (3) or the expiry of the entry opoziţiilor, european economic interest group will be able to adopt, with the unanimity of its members ' votes, the transfer of the registered office.
  

(6) a judgment will take effect from the date of registration the european economic interest grouping in the registry for the new premises.
  

(7) the termination of a european economic interest group from the commercial register is possible only after proof performance of grouping in the register of the Member State of destination.
  

(8) the pending indication regarding the cancellation of european economic interest group from the commercial register, the parties may avail themselves of the Group's headquarters from Romania, unless that group proving that they have known the existence of the registered office in the Member State of destination.
  

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Art. 237 ^ 1 was introduced by point 7 of article. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Article 237 ^ 2 Registration and/or deregistration from the commercial register of a european economic interest group shall be subject to publication in the official journal of the European Union. Trade register Office at the headquarters of the Group shall also, ex officio, a statement to this effect to the Office for official publications of the European communities, with a view to its publication in the official journal of the European Union.
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Art. 237 ^ 2 was introduced by point 7 of article. The EMERGENCY ORDINANCE nr. 119 of 21 December 2006, published in MONITORUL OFICIAL nr. 1,036 dated December 28, 2006.


Chapter III final provisions Article 238 this title shall enter into force 90 days after the date of publication of the law in the Official Gazette of Romania.


Book II modification of regulations aimed at preventing and combating corruption, title I, ensuring transparency in the exercise of public functions, preventing and combating corruption law Article I. 78/2000 *) for preventing, discovering and sanctioning of acts of corruption, as published in the Official Gazette of Romania, part I, no. 219 of 18 May 2000, as amended and supplemented, modified and completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 78/2000 was amended by no later than November 12, 2009 by law No. 521 of 24 November 2004, EMERGENCY ORDINANCE No. 124 of 6 September 2005, EMERGENCY ORDINANCE No. 50 of 28 June 2006 and law No. 69 of 26 March 2007. Direct changes brought upon law. 78/2000 can be found in the updated forms of this regulatory action.

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1. Paragraph 1 of article 5 shall read as follows: Art. 5. — (1) for the purposes of this law, corruption offences are offences under article 4. 254-257 of the penal code, article 30. 6 ^ 1 ^ 2 and 8 of this law, as well as the crimes provided for in special laws, as specific ways of crime referred to in article 1. 254-257 of the penal code, and art. 6 ^ 1 ^ 2 and 8 of this law. "
2. In article 5, after paragraph 3, insert the (4) with the following contents: "(4) the provisions of this law are applicable to the crimes against the financial interests of the European communities pursuant to article 114. 18 ^ 5 ^ 1-18, by sanctioning which ensure the protection of the funds and resources of the European Communities. "
3. Article 6 shall be inserted After article 6 ^ 1 with the following content: "Art. 6 ^ 1. -(1) the promise, offering or giving of money, gifts or other benefits, directly or indirectly, by a person having influence or let to believe that an official has the influence to cause it to make or not to make an act that enters in his duties, shall be punished with imprisonment from 2 to 10 years.

(2) the offender shall be punished if not denouncing the deed before authority investigation body to have been apprised of that deed.
  

(3) the money, values or any other goods that are the subject of the offence referred to in paragraph 1. (1) shall be forfeited, and if they are not found, the convict is obliged to pay their equivalent in money.
  

(4) the money, values or any other goods shall be returned to the person who gave them the case referred to in paragraph 1. (2)."
  

4. Paragraph 3 of article 7 shall read as follows: "(3) if the offences referred to in articles. 256 and 257 of the penal code, as well as offences under article 4. 6 ^ 1 ^ 2 and 8 of this law have been committed by one of the persons referred to in paragraph 1. (1) and (2), the special penalty shall be increased by 2 years. "
5. Article 8 shall read as follows: Art. 8.-Constitute crimes referred to in article 1. 254-257 of the penal code, art. 6 ^ 1 ^ 2 and 8 of this law and the acts incriminated in the texts having been undertaken by managers, directors, Trustees, or other people reportedly involved in the inspection companies, companies and societies, the autonomous administrations and any other economic operators. "
6. Article 8 shall be inserted after the articles 8 and 8 ^ 1 ^ 2 with the following content: "Art. 8 ^ 1. -The provisions of art. 254-257 of the penal code and of art. 6 ^ 1 and ^ 2 of 8 this Act shall apply accordingly to the following persons: (a) officials or persons) operate on the basis of an employment contract times other people exercising similar powers in the framework of an international public organizations Romania is a party;
  

(b) members of parliamentary assemblies) international organizations to which Romania is a party;
  

c) officials or persons working under a contract of work to other persons who exercise similar powers in the framework of the European communities;
  

d) persons exercising judicial functions within the international courts whose competence is accepted by Romania, as well as officials from the registries of these courts;
  

e foreign State officials);
  

f) for parliamentary assemblies or members of a foreign State.
  

Art. 8 ^ 2. -The promise, offering or giving of direct, indirect, times money or other benefits of an official of a foreign State or of a public international organization, to perform or not to perform an act relating to the duties of his Office, in order to obtain undue within international economic transactions, shall be punished with imprisonment from one to seven years. "
7. Article 13 shall read as follows: Art. 13.-the person who performs a Deed based on leadership in a party, in a trade union or employers ' or within a legal person, without patrimonial purpose to use the influence of his authority in order to obtain for himself or for another, money, goods or other undue benefits, shall be punished with imprisonment from one to five years. "
8. After article 13 Article 13 is inserted: ^ 1 with the following content: "Art. 13 ^ 1. -The offence of blackmail, referred to in art. 194 of the criminal code, involving a person of the type referred to in article 1. 1, shall be punished with imprisonment from 7 to 12 years. "
9. In article 17, after paragraph d) Insert the letter d ^ 1) with the following content: "d ^ 1) blackmail, committed in connection with the offences referred to in sections 2 and 3;"

10. the letter "e") of article 17 shall read as follows: "(e)) money-laundering offences, as provided for in law No. 656/2002 in order to prevent and punish money laundering, when money or other assets come from committing a crime provided for in sections 2 and 3; "
11. The letter g) article 17 shall read as follows: ") set out in law no crimes. 87/1994 on combating tax evasion, with subsequent amendments, perpetrated in connection with the offences referred to in sections 2 and 3; "
12. The letter i) article 17 shall read as follows: "i) drug trafficking, traffic of toxic substances and the failure to observe the regime of firearms and ammunition, committed in connection with an offence referred to in sections 2 and 3;"
13. In article 17, after the letter i) introduce the letters j and k)) with the following content: "j) trafficking offences, as provided for in law No. 678/2001 on preventing and combating trafficking in human beings, committed in connection with an offence referred to in sections 2 and 3;

the offence referred to in k) Government Emergency Ordinance nr. 159/2001 for the prevention and control of financial-banking system for the purpose of financing terrorist acts, approved by law No. 466/2002, committed in connection with an offence referred to in sections 2 and 3. "
  

14. In paragraphs (1) and (2) of article 18 shall read as follows: Art. 18. — (1) the crimes referred to in article 1. 17 lit. of d ^-1)) is sanctioned with penalties prescribed in the penal code for these offences, the maximum of which is increased by 2 years.

(2) the Offences referred to in articles. 17 lit. e) sanctions with punishments provided for in law No. 656/2002 in order to prevent and punish money laundering, whose maximum is increased by three years. "
  

15. In paragraph 4 of article 18 shall read as follows: "(4) the Offences referred to in articles. 17 lit. g) sanctions with punishments provided for in law No. 87/1994 on combating tax evasion, as amended, whose maximum is increased by 2 years. "
16. Paragraph 6 of article 18 shall read as follows: "6. the Offences mentioned in article 1. 17 lit. I) concerning drug-trafficking sanctions with punishments provided for in law No. 143/2000 on combating trafficking in human beings and illicit consumption of drugs, whose maximum is increased by 2 years of age, the offence on trafficking in toxic substances shall be sanctioned with punishment provided for in art. 312 of the penal code, whose maximum is increased by 2 years, while the crime of failure to observe the regime's weapons and ammunition shall be sanctioned with penalties referred to in article 1. 279 of the penal code whose maximum is increased by 2 years. "
17. Article 18 shall be included in paragraphs (7) and (8) with the following contents: "(7) the Offences referred to in articles. 17 lit. j) concerning trafficking in human beings shall be sanctioned with penalties provided for in law No. 678/2001 on preventing and combating trafficking in persons, whose maximum is increased by 2 years.

(8) the offence referred to in article 1. 17 lit. k) shall be imposed with penalty provided for in the Government Emergency Ordinance nr. 159/2001 for the prevention and control of financial-banking system for the purpose of financing terrorist acts, approved by law No. 466/2002, whose maximum is increased by 2 years. "
  

18. in chapter III, article 18 is inserted after section 4 ^ 1 with the following content: "^ 4 SECTION 1 Offences against the financial interests of the European communities article 4. 18 ^ 1. -(1) the use or presentation of false statements times documents are inaccurate or incomplete, resulting in falsely obtaining funds from the general budget of the European communities or budgets managed by them or in their name punishable with imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) the same punishment shall be imposed on the failure to deliver, with science, the data required by law for obtaining funds from the general budget of the European communities or budgets managed by them or in their name, if the act results in getting unfairly to these funds.
  

(3) if the conduct referred to in paragraph 1. (1) and (2) have particularly serious consequences for product, the penalty is imprisonment for 10 to 20 years and the prohibition of certain rights.
  

Art. 18 ^ 2. (1) Change, without complying with the legal provisions, the destination of the funds obtained from the general budget of the European communities or budgets managed by them or in their name punishable by imprisonment from 6 months to 5 years.

(2) If the Act referred to in paragraph 1. (1) the particularly serious consequences for product, the penalty is imprisonment from 5 to 15 years and the prohibition of certain rights.
  

(3) Change, without complying with the legal provisions, the destination of a legally obtained benefit, if the act results in decreasing illegal resources from the general budget of the European communities or budgets managed by them or in their name, is sanctioned with punishment provided for in paragraph 1. (1). 18 ^ 3. -(1) the use or presentation of false statements times documents are inaccurate or incomplete, resulting in decreasing illegal resources of the general budget of the European communities or budgets managed by them or in their name punishable with imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) the same punishment shall be imposed on the failure to deliver, with scientists, data required by law if the act results in decreasing illegal resources from the general budget of the European communities or budgets managed by them or in their name.
  

(3) if the conduct referred to in paragraph 1. (1) and (2) have particularly serious consequences for product, the penalty is imprisonment for 10 to 20 years and the prohibition of certain rights.
  

Art. 18 ^ 4. -Attempted offences referred to in articles. 18 ^ 1 ^ 3-18 is punishable.
Art. 18 ^ 5. Negligence-Breach, by the director, or a person involved in the decision or in the framework of an economic agent, service charges, or through failure to comply with the fulfilment of her flawed, though it resulted in committing any of the offences mentioned in article 1. 18 ^ 1-18 ^ 3 or committing a crime of corruption times of money laundering in connection with the funds of the European Communities, by a person who lies under, and acting on behalf of that entity, shall be punished with imprisonment from 6 months to 5 years and the prohibition of certain rights. "
19. Article 22(3) shall read as follows: Art. 22.-in the case of offences referred to in this law, the prosecution must be carried out compulsorily by the Prosecutor. "
20. Paragraph 3 of article 25 shall be repealed.
21. Article 26(2) shall read as follows: Art. 26.-Bank Secrecy and professional secrecy, except in the case of lawyer exercised in accordance with the law, shall not apply to the Prosecutor, after the commencement of prosecution, and any court judgment. The data and information requested by the Prosecutor or the Court shall be made upon written request of the Prosecutor, in the course of criminal proceedings, or during the judgment. "
22. Article 27(2) shall read as follows: Art. 27. — (1) when there are strong clues regarding infringements provided for committing one of the present law, for the purpose of gathering evidence or identifying the perpetrator, the Prosecutor may authorize motivated, for a period not exceeding 30 days: a) imposition of surveillance of bank accounts and accounts treated as such;
  

b) imposition of surveillance or interception of communications;
  

(c)) access to information systems;
  

d) communication of bank documents, records, financial times.
  

(2) reasonable grounds For the authorization referred to in paragraph 1. (1) may be extended, under the same conditions, each extension may not exceed 30 days. The maximum duration of the measures referred to in paragraph 1. (1) (a). -c) has approved) is 4 months.
  

(3) in the course of the judgment, the Court may order the prolongation of the measures outlined in paragraph 1. (1) by a reasoned conclusion.
  

(4) the provisions of article 4. 91 ^ ^ 5 1-91 of the code of criminal procedure shall apply accordingly. "
  

23. Article 29(3) shall read as follows: Art. 29. — (1) For prosecution at the first instance of criminal offences provided for in this law shall constitute complete.

(2) The judges, courts and appeal courts, specialised completele consist of 2 judges. "
  

24. In article 31, after paragraph (1) shall be inserted in paragraph (2) with the following contents: "(2) the provisions of law No. 92/1992 for the judicial organisation, republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997, as amended and supplemented, apply properly and this law, insofar as it does not provide otherwise. "
25. Article 32 shall be repealed.


Article II Government Emergency Ordinance nr. 43/2002 *) on the National Anti-corruption Prosecutor's Office, published in the Official Gazette of Romania, part I, no. 244 of 11 April 2002, approved with amendments and completions by law No. 503/2002 shall be amended and shall be completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─


*) Government Emergency Ordinance nr. 43/2002 amended no later than November 12, 2009 by EMERGENCY ORDINANCE nr. 102 of 24 October 2003, law No. 26 of 5 March 2004, the EMERGENCY ORDINANCE nr. 24 of 21 April 2004 EMERGENCY ORDINANCE nr. 103 of 16 November 2004, law No. 601 of 16 December 2004, law No. 247 of 19 July 2005, EMERGENCY ORDINANCE No. 120 of 1 September 2005, EMERGENCY ORDINANCE No. 134 of 29 September 2005, law No. 383 of 16 December 2005, law No. 35 of 1 March 2006, law No. 54 of 9 March 2006, EMERGENCY ORDINANCE No. 27 of 29 March 2006, case No. 655 of 24 May 2006, law No. 356 of 21 July 2006, EMERGENCY ORDINANCE No. 60 of 6 September 2006, decision No. 365 of 17 March 2009. Direct changes brought upon the Government Emergency Ordinance nr. 43/2002 can be found in the updated forms of this regulatory action.

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1. Paragraph 3 of article 1 shall read as follows: "(3) the National Anti-corruption Prosecutor's Office is organized as an autonomous structure with legal personality within the Public Ministry, is headed by the Attorney general and is coordinated by the Attorney general's Office of the Supreme Court of Justice. The Attorney general's Office of the National Anti-corruption is assimilated to Prime deputy general prosecutor's Office of the Supreme Court of Justice. "
2. (a)) of paragraph (1) of article 3 shall read as follows: ' a) prosecution, as stipulated in the criminal procedure code, the law No. 78/2000 for the prevention, discovery and sanctioning of corruption in this emergency Ordinance, offences provided for in law No. 78/2000, under art. 13, the National Anti-corruption Prosecutor's competence; "
3. In article 3, after paragraph 2, insert (3) with the following contents: "(3) in exercising the powers conferred on it, the Attorney general's Office of the National Anti-corruption issues orders."
4. Paragraph 1 of article 4 shall read as follows: Art. 4.-(1) the National Anti-corruption Prosecutor's Office is run under the provisions of art. 1 (1). (3) a prosecutor general assisted by a deputy general prosecutor, the Deputy Prosecutor general of REM's Office Supreme Court. "
5. In article 4 (1) is inserted (1 ^ 1) reads: "(1 ^ 1) in its work, the general prosecutor's Office of the National Anti-corruption Prosecutor is assisted by 2 counselors, advisers assimilated by prosecutors of the prosecutor general's Office of the Supreme Court."
6. Paragraph 3 of article 4 shall read as follows: "(3) Financing current expenditure and capital of the National Anticorruption Prosecution shall ensure from the State budget through the budget of the Public Ministry. Funds allocated to the National Anti-corruption Prosecutor's Office, is hereby approved by the Parliament, as an annex to the budget of the Public. "
7. In paragraphs (1) and (2) of article 5 shall read as follows: Art. 5. — (1) at the central level of the National Anti-corruption Prosecutor's Office are organized into wards run by prosecutors of section chiefs, namely: a) the recent scandal of corruption;
  

b) Department of combating criminal offences of corruption related crimes;
  

criminal judicial section c).
  

(2) within the framework of the National Anti-corruption Prosecutor's Office at the central level services can be organized and offices by order of the prosecutor general of the National Anti-corruption Prosecutor's Office. "
  

8. In article 5, after paragraph 3, insert the (4) with the following contents: "(4) judicial police officers are organize in a brigade led by a Constable, subordinate to the Attorney general's Office of the National Anti-Corruption Prosecutor's Office and the National experts engaged in Anti-corruption are organised in divisions and offices by order of the prosecutor general of the National Anti-corruption Prosecutor's Office."
9. Paragraph 1 of article 7 shall read as follows: Art. 7.-(1)-level prosecutors of the Court of appeal shall be established territorial Prosecution Services National Anti-corruption. "
10. Paragraph 3 of article 7 shall read as follows: "(3) the number of prosecutors and judicial police officers of specialists referred to in art. 6, enclose the territorial services specified in paragraph 2. (1) is established by the National Office of the Attorney general, for each service, depending on the volume and complexity of criminal activity, within the limit of the total number of approved posts. "
11. In article 7, after paragraph 3, insert the (4) with the following contents: "(4) In the framework of the territorial services of the national Anticorruption Prosecution can arrange desks and other compartments of the activity, by order of the prosecutor general of the National Anti-corruption Prosecutor's Office."
12. Article 13 shall read as follows: Art. 13.-(1) the competence of the National Anti-corruption Prosecutor's Office, which works at the central level, the offences provided for in law No. 78/2000, committed one of the following conditions: a) If, irrespective of the quality of the persons they have committed have caused a material damage higher than an equivalent in MDL of EUR 100,000 or particularly severe disruption to the business of public authorities, public institutions or any other legal person or if the amount or property forming the object of the criminal offence of corruption is higher than the equivalent in lei of 10,000 euro;
  

b) If, irrespective of the amount of damage or the severity of the disturbance brought a public authorities, public institutions or any other legal person times of amount or property forming the object of the crime of corruption, are committed by MPs, senators, members of the Cabinet of Ministers, Secretaries of State and their asimilaţii, the judges of the Supreme Court of Justice, the Constitutional Court, the President of the Legislative Council, the Ombudsman , presidential advisers and counsellors of State in the presidential administration, counsellors of State of the Prime Minister, members, judges, prosecutors and financial auditors of the Court of Auditors, the Governor and Vice-Governor of the National Bank of Romania, the President of the competition Council, magistrates, senior officers, generals, admirals, marshals, living, living, Deputy Heads and Quaestors Questors, subcomisari, Commissioners and Chief Commissioners, Presidents and Vice Presidents of the county councils , Mayor and deputy mayors of Bucharest, town councils and mayors of sectors of Bucharest and city halls and County residence municipalities mayors, prefects, subprefecţi, persons with managerial and control functions within the central public authorities, notaries public, the Commissioner-general of the Financial Guard and Chief Commissioners of County Financial Guard, members of the Board of Directors and persons who hold leadership positions at the Directory including within the framework of national autonomous public corporations, companies and corporations, banks and companies in which the State is a major shareholder, public institutions have powers in the process of privatization and the central financial and banking units and persons referred to in art. 8 ^ 1 of law No. 78/2000.
  

(2) the competence of the National Prosecution services, which operates at the level of the Prosecutor of the Court of appeal, as provided for in law no crimes. 78/2000, committed one of the following conditions: a) If, irrespective of the quality of the persons they have committed have caused a material damage higher than the equivalent in lei of 10,000 euro, but no higher than the equivalent in lei of euro 100,000 times or if the amount of the asset to which they relate the offence of corruption is higher than the equivalent in lei of 3,000 euros but not greater than the equivalent in lei of 10,000 euro;
  

b) If, irrespective of the amount of material damage or of the amount of the asset to which they relate the offence of corruption committed by the liquidators, judicial Commissioners of the financial Guard, subinspectori, surveyors, inspectors, police officers, regardless of rank, customs personnel, judges, prosecutors and financial controllers of the boards of County Auditors, bailiffs, district councilors and mayors, town councils and local cities other than those referred to in paragraph 1. (1) (a). b), persons with managerial and control functions within local authorities.
  

(3) specialized Prosecutors within the National Anti-corruption Prosecutor's Office carries out the prosecution for the offences referred to in paragraph 1. (1) and (2).
  

(4) criminal proceedings in cases relating to offences referred to in paragraph 1. (1) and (2) committed by military personnel shall be carried out by military prosecutors in the framework of the National Anti-corruption Prosecutor's Office.
  

(5) the competence of prosecutors ' offices Are in addition to the courts, in accordance with the provisions of the code of criminal procedure, crimes provided for in Act No.. 78/2000 not given according to paragraph 4. (1) and (2), the National Anti-corruption Prosecutor's competence. "
  

13. After article 13 Article 13 is inserted: ^ 1 with the following content: "Art. 13 ^ 1. -Jurisdiction of the Court about the crimes committed by the National Anti-corruption Prosecutor's Office prosecutors returns to the court competent to judge the law, crimes committed by prosecutors from the public prosecutor's Office attached to the courts of appeal and the Prosecutor's Office attached to the Supreme Court. "
14. After article 22 shall be inserted in article 22 ^ 1 with the following content:

"Art. 22 ^ 1. -Ordinances ordering preventive arrest and the indictments drawn up by prosecutors in the public prosecutor's Office of the National Anti-corruption prosecutors are confirmed by the heads of those departments, those drawn up by prosecutors, heads of territorial services and those drawn up by prosecutors in the central structure of the National Anti-corruption Prosecutor's Office confirmed prosecutors are heads of sections. When the Ordinances ordering preventive arrest and the indictments are issued by the prosecutors of the National Prosecution heads of Anti-corruption to the sections, the confirmation is made by the Attorney general of this. "
15. Article 23 shall read as follows: Art. 23.-persons remanded in the causes of the national Anticorruption Prosecutor's competence are held in places specifically provided for under the National Anti-corruption Prosecution, served by staff seconded from the Directorate General of prisons or, where appropriate, in the precincts of the remand prisons. "
16. Article 25 shall read as follows: Art. 25.-for the purposes of mutual consultation in the case of offences within the competence of the national Anticorruption Prosecution and the exchange of data and information on the investigation and prosecution of these crimes is constituted by a liaison office with similar institutions in other States. "
17. Article 26 shall be repealed.
18. (a)), d) and (e)) of article 27 shall read as follows: ' a) 98 posts of prosecutors;

d) 70 posts for support staff;
  

e) 63 posts of economic and administrative staff. "
  

19. In paragraphs (1), (2) and (3) of article 28 shall read as follows: Art. 28. — (1) the prosecutors within the National Anticorruption Prosecution are salary earners with allowances provided for in the annex. 1 head. A, no. CRT. 2-11 the Government Emergency Ordinance nr. 178/2002 concerning remuneration and other rights of magistrates.

(2) referred to in article 24(2). Specialists 11 are salary earners with the allowance provided for in the annex. 1 head. B, no. CRT. 9 the Government Emergency Ordinance nr. 178/2002, which is the only form of payroll. Specialists who head office or head office staff with the appropriate level of compensation are the tool of the Chief Prosecutor and the Chief Prosecutor's Office within the Prosecutor's Office attached to the courts of appeal.
  

(3) judicial police officers referred to in article 1. 10 am staff with the allowance provided for in the annex. 1 head. A, no. CRT. 18 the Emergency Ordinance nr. 178/2002, which is the only form of payroll. Police officers who head office and head office are staff with appropriate compensation function of the Chief Prosecutor and the Chief Prosecutor's Office within the Prosecutor's Office attached to the courts of appeal. "
  


Article III of the law. 115/1996) concerning Declaration and control of assets together dignitaries, magistrates, civil servants and persons with leadership positions, as published in the Official Gazette of Romania, part I, no. 263 of 28 October 1996 shall be amended and shall be completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 115/1996 amended no later than November 12, 2009 by EMERGENCY ORDINANCE nr. 24 of 21 April 2004 EMERGENCY ORDINANCE nr. 14 of 3 March 2005, law No. 144 of 21 May 2007, EMERGENCY ORDINANCE No. 49 of 30 May 2007 and by law No. 94 of 14 April 2008. Direct changes brought upon law. 115/1996 can be found in the updated forms of this regulatory action.

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1. The title of the law shall read as follows: "REGULATIONS for the Declaration and control of assets together dignitaries, magistrates, persons with management and control and the civil servants ' 2. Article 1 shall read as follows: Art. 1.-There shall be established an obligation to declare the property for public officials, magistrates and asimilaţii them, people with leadership positions and controls laid down in this law for civil servants, as well as the procedure of control of their assets where there is clear evidence that certain goods or values were not acquired in the legitimate way. "
3. Article 2 shall read as follows: Art. 2. — (1) the President of Romania, deputies, senators, Cabinet members, presidential advisers, counsellors of State, Secretaries of State, subsecretarii, and asimilaţii them, asimilaţii them, magistrates and county councilors and local town halls, mayors, prefects, subprefecţii, people with leadership positions and control and civil servants working in the central public authorities or the local times of public institutions of public interest times staff employed at Minister's Cabinet, the members of the Board of Directors and persons who hold leadership positions, including director of the up, within the framework of the autonomous national companies or local companies and corporations, companies in which the State or a local government authority is a shareholder, public institutions involved in the implementation of the privatization process, the National Bank of Romania the banks, which the State is a major shareholder, are required to declare their wealth, under the present law.

(2) the obligation of declaring the property is, under the present law, and persons who are appointed by the President of Romania, the Parliament or the Prime Minister. "
  

4. Article 4 shall read as follows: Art. 4.-(1) the Declaration of wealth shall be submitted as follows: a) the President of Romania, presidential advisers and State Councillors shall submit the statement of wealth at the head of the Presidential Chancellery;
  

(b) the Chairmen of the boards), Parliament deputies and Senators shall submit Declaration of wealth to the Secretary general of the Chamber of which they are part;
  

c) the Prime Minister, Cabinet members, State Secretaries of State, subsecretarii and asimilaţii, as well as State councilors from the work of the Prime Minister shall submit the statement of the Secretary-General of the Government;
  

d) magistrates and their asimilaţii shall submit Declaration of wealth to the Superior Council of Magistracy;
  

(e) persons referred to in article). 2 (2). (2) statement of assets deposited with the Secretariat of the public authorities or institutions to which they belong;
  

f District Councillors and local), as well as town councils and mayors shall submit Declaration of wealth to the Secretaries of administrative-territorial units;
  

g) constables and subprefecţii lay their wealth declaration with the Secretary-General of the Prefecture;
  

h) people with leadership positions and control provided for in article 10. 2 (2). (1) civil servants and staff employed at the Cabinet Minister's statement of assets deposited with the Department of human resources within public authorities, public institutions or, where appropriate, of the units to which they belong.
  

(2) the Declaration of wealth shall be published on the Internet pages of the Parliament, Government, ministries, other central public authorities, institutions times prefectures or county councils, where appropriate, or in the Official Gazette of Romania, part III, within 30 days after the date of deposit. The costs of publication shall bear legal persons of the persons referred to in article 21. 2. (3) the person designated to receive and keep the wealth statements issued to the depositor a receipt and take measures to ensure their publication, in accordance with paragraph 1. (2)."
  

5. Paragraph 2 of article 5 shall be repealed.
6. Paragraph 1 of article 6 shall read as follows: Art. 6. — (1) the persons referred to in art. 2 have an obligation that, annually, where they acquire goods nature of those referred to in annex II, to update their Declaration of wealth. In addition, at the conclusion of the mandate or termination, they are required to submit a new statement of the wealth they hold at the time. "
7. paragraphs (3) and (4) of article 6 shall read as follows: "(3) the persons referred to in art. 2, called the higher periods of 4 years or indefinite duration, are required as of 4 in four years, to submit an updated statement of wealth.

(4) No Declaration of wealth, for reasons attributable to, not later than 31 December of each year, in the case of acquisition of goods, pursuant to paragraph 1. (1) a new declaration or failure within 15 days of termination or, as appropriate, after the end of the 4 years since the last statement leads to the ex officio procedure. "
  

8. Paragraph 2 of article 14 shall read as follows: "(2) the order of the ranking of the parties and shall communicate the Prosecutor to the Court of appeal, in which the Commission operates, as well as the General Directorate of public finance, the district in which the person is domiciled, whose wealth is the subject of research."
9. Paragraph 1 of article 21 shall read as follows: Art. 21. — (1) the President of Romania property Research, deputies, senators, members of the Government, the Secretary-General of the Government, public authorities, rulers were appointed by the President, the Parliament or the Prime Minister, judges of the Constitutional Court, the counsellors of the accounts Tribunal of the College, members of the Court of Auditors and financial prosecutors in addition, magistrates of the Supreme Court of Justice and the public prosecutor's Office attached to it , from the national anti-corruption Prosecutor's Office and the Court of appeal, and from the public prosecutor's Office, they learn, is made by a Special Commission consisting of:

two judges of the Supreme Court of Justice, appointed by the General Assembly of this Court, one of which as President;
a Prosecutor from the public prosecutor's Office attached to the Supreme Court of Justice, appointed by the Attorney general's Office of the Supreme Court. "
10. Paragraph 1 of article 26 shall read as follows: Art. 26. — (1) the remaining judgment Device, irrevocable, which finds illicit provinienţa of goods, shall be published in the Official Gazette of Romania, part III, and are specialized organ of the Ministry of public finances at the domicile of the person whose fortune was investigated, in order to execute. The costs of publication shall be borne by the budget of the Ministry of Justice. "
11. Article 32 shall read as follows: Art. 32.-order of rank Commission final remaining or, where appropriate, the decision of the Court, whereby the remaining final it is found that the provinienţa property is justified, will be published in the Official Gazette of Romania, part III. The costs of publication shall be borne by the budget of the Ministry of Justice. "
12. Article 37 shall be repealed.
13. Article 38 shall read as follows: Art. 38.-the persons referred to in article. 2, who held public office similar to those referred to in this article, after 1 January 1990, having, according to the legal regulations in force, the obligation to declare the property, may be subject to the control of assets, in accordance with the procedures laid down by this law, if there is clear evidence that certain goods or values, which you have in assets were not acquired in the legitimate way. "
14. The annex relating to the Declaration of wealth is replaced by the annex to this title.
15. Throughout the law. 115/1996 the following phrases will be replaced as follows:-the Ministry of finance and the Ministry of public finances;
-Ministry of culture and the Ministry of culture and religious affairs;
-Gpo with Parquet on the next Supreme Court Justice;
-Attorney general with the Attorney general's Office of the Supreme Court of Justice;
-the first Prosecutor's Office of the Court of appeal with the Attorney general's Office of the Court of appeal.


Article IV article 16 of law No. 115/1999) on ministerial responsibility, republished in the Official Gazette of Romania, part I, no. 334 of 20 May 2002, the following shall be added as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 115/1999 on ministerial responsibility has been revised, republished until 28 December 2006 by EMERGENCY ORDINANCE nr. 24 of 21 April 2004 EMERGENCY ORDINANCE nr. 3 of 27 January 2005 and law No. 90 of 13 April 2005. Direct changes brought upon law. 115/1999 (republished) can be found in the updated forms of this regulatory action.

Law No. 115/1999 has been republished in the Official Gazette nr. 200 of 23 March 2007.

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1. After paragraph (1) shall be inserted (1 ^ 1 and ^ 2-1) with the following contents: "(1 ^ 1) the President of Romania is invoked to demand the prosecution of a member of the Government by the Prime Minister, the prosecutor general's Office of the Supreme Court of Justice or the prosecutor general of the National Anti-corruption Prosecutor's Office.
(1 ^ 2) Any citizen who has knowledge about committing a criminal offences by members of the Government in the exercise of their function can be the address of the Prime Minister, the prosecutor general's Office of the Supreme Court of Justice or the prosecutor general of the National Anti-corruption Prosecutor's Office, to request referral to the President. "
2. paragraph (3) shall be supplemented with the following two sentences: "the Commission's Meetings shall not be public. A member of the Government for which he made the appeal shall be entitled to be heard by the Commission before drawing up its report. "
3. After paragraph 3, insert (3 ^ 1) with the following contents: "(3 ^ 1) the President of Romania shall act on the report presented by the Special Commission referred to in paragraph 1. (3) communication and media solution. "


Article V within 30 days of the entry into force of this law, the Chief authorising officer, the Ministry of public finances, will introduce the appropriate changes in the structure of the descriptions and expenditure on salaries brought with enrolment in the total expenditure on wages in the Public Ministry's budget for 2003.


Article VI (1) within 30 days after the entry into force of this Act, the persons referred to in art. 2 of law No. 115/1996 will be submitted the Declaration of wealth, which will be published in accordance with art. "". (2) (2) Statements of wealth deposited until the entry into force of this title shall remain confidential. Disclosure or publication in any manner, in whole or in part, of the contents thereof constitutes infringement and is punishable by imprisonment from 6 months to 3 years.
  


Article VII the law. 78/2000 for the prevention, discovery and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 219 of 18 May 2000, as amended and supplemented, Government Emergency Ordinance nr. 43/2002 on National Anti-corruption Prosecutor's Office, published in the Official Gazette of Romania, part I, no. 244 of 11 April 2002, approved with amendments and completions by law No. 503/2002 and law No. 115/1996 on the Declaration and control of assets together dignitaries, magistrates, civil servants and persons with leadership positions, as published in the Official Gazette of Romania, part I, no. 263 of 28 October 1996 and law No. 115/1999 on ministerial responsibility, republished in the Official Gazette of Romania, part I, no. 334 of 20 May 2002, with amendments and additions made by this title shall be in the Official Gazette of Romania, part I, posing a new texts.


Annex-the-title 1 — — — — — — — — — — — STATEMENT of WEALTH, the undersigned, having the function, declare, on oath, that the family fortune *) I have the following: i. real estate *): 1. Surface: year of Land Value land Categories: acquisition of tax-farming.
-forestry.
-inside the city.
-gloss of water.
2. Buildings and. ..
2.1. the Spaces No. Year Surface value of dwelling: acquiring tax-built apartment ....-residential house ....-holiday home ....
2.2. Commercial or production ....
II. Real Estate: 1. Cars/cars, tractors, farm machinery, yachts and other means of transport are subject to registration according to the law: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Name Brand items. Anul de fabricaţie
───────────────────────────────────────────────────────────────────────────
     .. . ..
     .. . ..
     .. . ..
     .. . ..
───────────────────────────────────────────────────────────────────────────

2. The amount of deposits and current accounts in a foreign currency or lei, in the country or abroad, whose value exceeds 10,000 equivalent amounting to euro: ....
— — — — — — — — — — — — (II)/2 of the annex to title I of book II of the amended paragraph 2 of art. From the EMERGENCY ORDINANCE nr. 40 of 20 May 2003, published in Official Gazette No. 378 of 2 June 2003.
3. Claims with a value exceeding the equivalent of 10,000 EURO: Yes [] no [] 4. Obligations for an amount exceeding the equivalent of 10,000 EURO: Yes [] no [] 5. Other net income-producing goods that exceed the cumulative equivalent of 10,000 EURO per year: Yes [] no [] III. Associate or shareholder for companies, if the value of the shares or of the parties exceeds the social equivalent of 10,000 EUROS: company *): Yes [] no [] IV. Other profit-making activities, producing an annual income the amount of which exceeds the equivalent of 10,000 EURO: Yes [] no [] — — — — — — — — — — — — — *) by family, for the purposes of this statement, it is understood her husband, his wife and dependent children.
*) If stood in joint possession, it will show the share.
Including other countries).
V. goods and services received free of charge within the framework of activities in the exercise protocol or function, whose value exceeds each, the equivalent of 300 EUROS Yes [] no [] VI. Other details of the declarant in. ..
..
This Declaration constitutes a public act and respond in accordance with the criminal law, for the inaccuracy or incompleteness of the data.
The Date Of Signature. ..


Title II to ensure transparency and stability in business law Article VIII. 26/1990 on the commercial register, republished *) in the Official Gazette of Romania, part I, no. 49 of 4 February 1998, as amended and supplemented, modified and completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 26/1990 on the commercial register, republished amended no later than November 12, 2009 by law No. 505 of 26 November 2003, law No. 183 of 17 May 2004, the GOVERNMENT ORDINANCE No. 72 of 13 august 2004, law No. 519 on 23 November 2004, law No. 1 of 21 February 2005, law No. 441 of 27 November 2006, the EMERGENCY ORDINANCE nr. 119 of 21 December 2006, EMERGENCY ORDINANCE No. 82 of 28 June 2007, EMERGENCY ORDINANCE No. 44 of 16 April 2008 and EMERGENCY ORDINANCE nr. 52 of 21 April 2008. Changes to these regulations can be found in the updated law forms. 26/1990 on the commercial register, republished.

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1. Paragraphs (1) and (2) of article 1 shall read as follows:

"Art. 1.-(1) traders, before the start of trade as well as other natural or legal persons, expressly provided for by law, before the commencement of their activity, have the obligation to register registration in wax, and during exercise and at the end of trade, or where applicable, to the activity in question, to enroll in the same wax register of particulars concerning the acts and deeds of the registration of which is provided for in law.

(2) for the purposes of this law, traders are individuals and family associations that perform in acts of Commerce, companies, national companies and national companies, administrations and organizations cooperate. "
  

2. After paragraph 2 of article 1 shall be inserted (2 ^ 1) with the following contents: (2 ^ 1) according to this law, by registration means the registration of both the merchant and the inclusion of entries, and other operations which under the law are stated in the register of Commerce. "
3. Article 6 shall read as follows: Art. 6.-(1) Records in the commercial register shall be made on the basis of a conclusion of the judge or delegate, as appropriate, of an irrevocable court decision, except in cases where the law provides otherwise.

(2) the judge's Decisions regarding registration or delegate to any other records in the commercial register shall be enforceable by law and are not subject to appeal.
  

(3) the time limit for appeal is 15 days and shall run from the date when the closure of the parties and the date of publication of the notice of conclusion or modifier of Association in the Official Gazette of Romania, part IV for any other interested persons.
  

(4) the appeal shall be filed and mentioned in the commercial register where the registration has been made. Within 3 days from the date of filing, the Office shall submit the appeal to the trade register of the Court of appeal in whose territory is situated the domicile or headquarters of the trader and in the case of branches established in another county, the Court of appeal in whose territory is situated the Headquarters Branch.
  

(5) the reasons for the appeal may be lodged with the Court at least two days ahead of schedule.
  

(6) if the admission of the appeal, the decision of the Court of appeal will be noted in the register of Commerce. "
  

4. Paragraph 1 of article 7 shall read as follows: Art. 7. — (1) the courts are bound to send trade register Office within 15 days of the date when remained irrevocable, copies from irrevocable decisions relate to acts, facts and particulars whose registration in the commercial register a feature, according to the law. "
5. Paragraph 1 of article 12 shall read as follows: Art. 12. — (1) the commercial register is a register for the registration of traders individuals and family associations and other legal entities to register traders. For each year it opens a workbook. These records shall be kept in the computerised system.
6. The introductory part of paragraph 1 of article 13 shall read as follows: Art. 13.-(1) the application for registration of the natural person who is a dealer in the commercial register will include: ' 7. (a)) of paragraph (1) of article 13 shall read as follows: ") first and last name, social security number, residence, citizenship, date and place of birth, marital status and previous trade activity;"
8. According to paragraph 1 of article 13 is inserted (1 ^ 1) reads: "(1 ^ 1) the application for registration of an Association of family in the commercial register shall contain: the name and surname) to each of the Associates, social security number, residence, citizenship, date and place of birth, a member of the family, marital status and previous trade activity;
  

b) identification data of the person who represents the Association in dealings with third parties-member family whose initiative was founded the Association or its representative;
  

c) commercial and company headquarters;
  

d) trade, stating the scope and main activity, as provided for in the authorization for the exercise of trade;
  

e) number, date and issuing body of the authorization for the exercise of trade. "
  

9. In paragraph 3 of article 13 shall read as follows: "(3) the Office shall enter in the register will trade all the data in the application, and, in the case of family associations, sole registration code assigned according to law."
10. Article 14 shall read as follows: Art. 14. — (1) the application for registration of a company shall, where appropriate, the data contained in the Act or the articles of Association and shall be accompanied by the requisite supporting documents, according to law No. 31/1990 on the companies, republished, with subsequent amendments and additions.

(2) the Office shall enter in the register will trade all the data from the application, as well as unique registration code, assigned according to the law. "
  

11. The introductory part of article 15 shall read as follows: Art. 15. registration of application of a 1900, national companies or corporations in the commercial register shall contain: ' 12. Article 15 shall be inserted in paragraph (2) with the following contents: "(2) the Office shall enter in the register will trade all the data from the application, as well as unique registration code, assigned according to the law."
13. Article 16 shall be inserted in paragraph (2) with the following contents: "(2) the Office shall enter in the register will trade all the data from the application, as well as unique registration code, assigned according to the law."
14. The letters a and b)) of article 17 shall read as follows: ") for traders, individuals and family associations, from the date of authorization;

b) for companies, as of the date of conclusion of the memorandum of Association; "
  

15. In article 18, after paragraph (1) shall be inserted (1 ^ 1) reads: "(1 ^ 1) the application for registration of the Association is a member of the family in whose initiative was founded the Association or its representative with power of Attorney special and authentic."
16. paragraphs (2) and (3) of article 18 shall read as follows: "(2) for proof of signature specimen, the natural family Association representative, respectively, signed at the trade register Office in the presence of judge or delegate to the Director or his substitute will certify your signature.

(3) in the absence of the trader natural person or the representative of the family Association, the signature may be replaced by submitting a specimen of your signature legalized by the notary public. "
  

17. (a)), b) and (c)) of article 21 shall read as follows: ' a), sale, donation or pledge guarantee real leases constituted over trade, Fund and any other act whereby changes records in the commercial register or to cease company goodwill times;

b) the surname and forename, citizenship, social security number, for Romanian citizens, passport number and series, for foreigners, the date and place of birth of the tax representative or assignee, where applicable; If the right of representation is limited to a particular branch, the entry will only be made in the register where it is included in the branch, the signature of assignee/fiscal representative will be given in the manner prescribed in article 21. 18 paragraph 1. (2) and (3);
  

c) patents for inventions, trade-marks, trade and service, designations of origin, indications of provinienţa, company, logo and other distinctive signs on which company, Director, cooperative property or the organization or person has a family Association; "
  

18. The letter g) article 21 shall read as follows: "the judgment condemning) dealer, Manager or auditor for criminal offences which render it unreliable or incompatible to pursue this activity;"
19. Paragraph 3 of article 22 shall read as follows: "(3) the particulars shall be registered ex officio, within 15 days from the date of receipt of the certified copy of the judgment relating to the facts and irrevocable acts referred to in article 1. 21 lit. e), f) and (g)). "
20. Paragraph 1 of article 24 shall read as follows: Art. 24. — (1) the establishment in Romania of a branch or branches by the main headquarters of trade abroad is subject to all the provisions relating to the registration, and publication of documents and facts required for merchants in the country. "
21. In article 24(2), after paragraph (1) shall be inserted (1 ^ 1 and ^ 2-1) with the following contents: "(1 ^ 1) Registration Applications shall indicate: (a) name and branch) name/name, form and dealer headquarters abroad;
  

b) the name and the quality of the people who may represent against third parties and in legal proceedings abroad, trader and those of them who deals directly from the work of the branch;
  

(c) the financial situation of the) last foreign trader, checked or approved under the laws of the State where the operator has his domicile/registered office.
  

(1 ^ 2) If necessary, they will record and endorsements: a) proceedings of judicial or out-of-court insolvency over the dealer from abroad;
  

b) dissolving the company from abroad, the name and powers of liquidators;
  

c) closure of the branch. "
  

22. Paragraph 2 of article 24 shall read as follows: "(2) All these formalities have been completed shall be made at the trade register Office at the headquarters of the branch."

23. In paragraphs (1), (3), (4) and (5) of article 25 shall read as follows: Art. 25. — (1) Any natural or legal person injured as part of a registration or by a mention in the commercial register has the right to cancellation of the registration of the damaging wax in whole or only in respect of certain of its elements, where through judicial decision irrevocable letters of credit were terminated in whole or in part or modified laws that formed the basis of the registration with respect to requesting deletion through the if the judgment has not been ready indication in the commercial register.


(3) the Tribunal shall rule on the request with the attendance register trade and trader.
  

(4) judgment to settle the demand may be contested only by the appeal, and the deadline for appeal runs from the date of order, and the parties to the communication, for lack of parts.
  

(5) the trade registry office will perform the deletion and will publish a final judgment in the Official Gazette of Romania, part IV-a, at the expense of the party which has lodged the application. For this purpose, the Court shall communicate the decision establishing trade register Office, a legalized copy, noting remaining irrevocable. "
  

24. Paragraph 2 of article 26 shall read as follows: "(2) the registration in the commercial register shall be made within 24 hours from the date of the conclusion of the judge and delegate registration dealer within 24 hours from the date of pronouncement of the conclusion of the judge delegated authorising registration."
25. Article 27 shall be repealed.
26. Article 29(3) shall read as follows: Art. 29th-Merchant is obligated to mention on invoices, quotes, orders, prices, prospectuses and other documents used in trade, the name/business name, registered office, registration code and, where applicable, personal identification number code. Are exempt from the tax receipts issued by electronic measuring instruments marked, which shall comprise the elements provided for in the relevant legislation. "
27. In article 31, paragraph 1 after insert (1 ^ 1) reads: "(1 ^ 1) family Company a partnership shall include the name of the Member of the family which is set up on the initiative of the Association, provided written entirely >."
28. Article 39 shall be inserted in paragraph 3 with the following contents: "(3) and emblems Companies removed from the trade register are not available for a period of 2 years from the date of removal, except as required in article 8. 41. ' 29. Paragraph 1 of article 41 shall read as follows: Art. 41. — (1) the purchaser with any title of a trade will be able to continue operations under the previous firm, indicating the name of a trader or an individual Member of a partnership, the times company limited partnership, with the consent of the previous owner or his successors in title and with the obligation to mention the quality of that firm's successor. "
30. In paragraphs (1) and (2) of article 44 shall read as follows: Art. 44. — (1) If you do not comply with the provisions of the law and the timelines, merchants need to wax the registration or listing of any endorsements or to deposit specimens of signature or certain acts will be forced through the conclusion pronounced by judge-delegate, from paying a fine of 500,000 lei from judicial to 5,000,000 lei, if the Act does not constitute infringement.

(2) where the registration, an indication of the specimen signature, or of the Act shall be a legal person, the fine is legal from 5,000,000 lei la 20,000,000 lei, if the Act does not constitute infringement. If more people are bound to comply with, the fine shall apply to each of them. "
  

31. Article 45 shall read as follows: Art. 45.-Traders individuals and family associations and representatives of legal persons that do not comply with the obligations laid down in article 21. 29, will be sanctioned by the control bodies of the Ministry of public finances with a fine of 5,000,000 to 10,000,000 at lei lei, while in the case of some false data, shall apply the relevant provisions of the criminal law. "
32. Article 46 shall read as follows: Art. 46.-the judge-delegate for the appeal the imposition of fines under article 4. 44 can be made by any interested person or on its own initiative. "
33. Article 47 shall read as follows: Art. 47.-judicial Fines. 44 are subject to common law judicial fines provided for by the code of civil procedure. "


Article IX the law. 31/1990 on the companies, republished *) in the Official Gazette of Romania, part I, no. 33 of 29 January 1998, as amended and supplemented, modified and completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 31/1990 on the companies, republished amended no later than October 13, 2004 by law No. 297 of 28 June 2004. The changes brought about by this normative act is contained in the updated form of the law nr. 31/1990 on the companies, republished.

Law No. 31/1990 was republished in the Official Gazette nr. 1066 of 17 November 2004.

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1. After paragraph 4 of article 5 is inserted (4 ^ 1) with the following contents: "(4 ^ 1) In cases where the contract and statute constitute distinct acts, the latter will contain the identification data of members and terms governing the Organization, functioning and activity of the society."
2. Paragraph 5 of article 5 shall read as follows: "(5) the articles of incorporation shall be concluded under private signature, shall be signed by all the members or, in the case of public petitions. Authentic form of memorandum of Association is required where: (a) goods which have been subscribed) through the intake as social capital lies a land;
  

b) constitute a collective name society or in simple limited partnership;
  

c) joint stock company shall be constituted through subscription by the public. "
  

3. Article 5 shall be inserted in paragraph 6 with the following contents: "(6) the instrument of Constitution acquires definite date and by filing the trade registry office."
4. (a) article 7) shall read as follows: ") first and last name, social security number, place and date of birth, domicile and nationality of members who are natural persons; name, Head Office and the nationality of legal persons Associates; number of registration in the commercial register or registration code, in accordance with national law; the limited partnership will look like mere sleeping partners associations, associations, as well as full partners and tax representative, if any; "
5. (a) article 8) shall read as follows: ") first and last name, social security number, place and date of birth, domicile and nationality of members who are natural persons; name, Head Office and the nationality of legal persons, the number of members for the registration in the commercial register or registration code, in accordance with national law; the limited partnership shares will show limited partners and Associates, as well as full partners and tax representative, if any; "
6. Paragraph 3 of article 14 shall read as follows: "(3) in the event of infringement of the provisions of paragraph 1. (1) and (2) the State, through the Ministry of public finances, and any interested person may request judicial dissolution of a company thus formed. "
7. After article 14 shall be inserted in article 14 ^ 1 with the following content: "Art. 14 ^ 1. -Contracts between the limited liability company and a natural person or a legal person, the sole member thereof, shall be concluded in written form, under penalty of absolute nullity. "
8. Article 16 shall read as follows: Art. 16. — (1) The memorandum of Association in cases where authentication is provided in article. 5 or, where appropriate, to the minutes of its definite date, the proof issued by the trade register Office regarding availability and statutory declaration concerning the quality of sole ownership in a single limited liability company.

(2) on the same premises will be able to work more, if at least one person is, under the law, associated to each of these corporations.
  

(3) the notary public will refuse to authenticate the memorandum of association or, as the case may be, the person who gives the date certain will refuse the requested operations, if documentation shows that you are not satisfied the conditions laid down in paragraph 1. (1)."
  

9. In paragraphs (1) to (3) of article 31 shall read as follows: Art. 31. — (1) the constitutive Assembly will decide on the share of profit to the founders of a company established by public subscription.

(2) the quota set out in paragraph 1. (1) may not exceed 6% of net profit and cannot be granted for a period longer than 5 years after the date on which the company is incorporated.
  

(3) in the case of an increase in share capital, the founders will be exercised only on the corresponding profit share capital. "
  

10. Article 33 shall read as follows: Art. 33. the right of action for damages shall be barred by the passage of six months from the date of its publication in the Official Gazette of Romania, part IV-a, the General Assembly decision that decided the dissolution ruling. "
11. Article 34 shall read as follows:

"Art. 34.-joint-stock companies established by public subscription are considered public-owned companies. 2 (2). (1) item 39 from Government Emergency Ordinance nr. 28/2002 concerning securities, financial investment services and regulated markets, approved and amended by law No. 525/2002, with subsequent amendments and additions, which are supplemented by the provisions of this law regarding the registration in the commercial register. "
12. Paragraph 1 of article 35 shall read as follows: Art. 35. (1) within 15 days of the date of conclusion of the memorandum of Association, the founders or administrators of the company or a trustee thereof will require the registration of the company in the commercial register in whose territorial RADIUS will have company headquarters. "
13. In article 35, paragraph 2, after the letter b) is inserted in point b ^ 1) with the following content: "b ^ 1) headquarters and declared evidence availability;"
14. In paragraph 2 of article 40 shall read as follows: "(2) the registration shall be effected within 24 hours from the date of pronouncement of the conclusion of the judge delegated authorising registration company."
15. In paragraph 1 of article 45 shall read as follows: Art. 45. — (1) the society shall be required to submit to the Office of the trade register their signatures, the date of application for registration, or if they have been appointed by the articles of incorporation, and the elect during the company's officials, within 15 days after the election. "
16. Article 46 shall read as follows: Art. 46. — (1) When the memorandum does not contain the particulars prescribed by law includes clauses by which the times is in breach of a mandatory provision of law or when there has been a legal requirement for the formation of the company, the judge delegate, ex officio or at the request of any person making a request for intervention, will reject, through discharge, motivated the request for registration, unless where the associations supplant such irregularities. Judge delegate will take the closing act of the regularizările.

(2) where applications were made, the judge will cite interveners could and will rule on their requests, pursuant to article. 49 and following of the code of civil procedure, art. 7A 335 of the code of civil procedure. "
  

17. Letters of) and f) of article 56 shall read as follows: "the instrument of Constitution or missing) was not completed in authentic form, in the circumstances referred to in article 1. 5 para. (5);
..

f) the articles of incorporation do not provide for the designation, the headquarters of the society, subject or activity, bringing members and subscribed and paid-in share capital; "
  

18. Paragraph 3 of article 58 shall read as follows: "(3) the Tribunal shall communicate a decision establishing the trade register Office, which will send the referral, an official monitor of Romania for publication in Part IV, in extract."
19. Article 60 shall read as follows: Art. 60. — (1) the decisions of the judge delegate regarding registration or at any other entries in the commercial register shall be enforceable by law and are not subject to appeal.

(2) the time limit for appeal is 15 days and shall run from the date when the closure of the parties and the date of publication of the notice of conclusion or modifier of Association in the Official Gazette of Romania, part IV for any other interested persons.
  

(3) the appeal shall be filed and mentioned in the commercial register where the registration has been made. Within 3 days from the date of filing, the Office shall submit the appeal to the trade register of the Court of appeal in whose territory is situated the headquarters of the society, and in the case of branches established in another county, the Court of appeal in whose territory is situated the Headquarters Branch.
  

(4) the grounds for appeal may be lodged with the Court at least two days ahead of schedule.
  

(5) in the case of acceptance of the appeal, the decision of the Court of appeal will be referred to in the commercial register, the provisions of article being applicable. 48, 49 and 56-59. "
  

20. paragraph (1) of article 61 shall read as follows: Art. 61. — (1) the creditors of any other person and social harmed by decisions of the members regarding the amendment of the articles of association may make a request for opposition by requiring the Court to oblige, if applicable, the company or association, or to compensation for damage caused, the provisions of art. 57 being applicable. "
21. paragraphs (1) and (2) of article 62 shall read as follows: Art. 62. — (1) the opposition shall be made within 30 days from the date of publication of the judgment of the members or additional modifier in the Official Gazette of Romania, part IV-a, if this law does not provide for another term. It is submitted to the Office of the trade register within 3 days from the date of filing, it will be noted in the register and shall submit to the competent court.

(2) the provisions of article 4. 132 concerning the suspension shall apply accordingly. The opposition is judge in the Council, with the attendance of the parties, being applicable to the provisions of article 4. 114 para. 5 of the code of civil procedure. "
  

22. Article 63 shall read as follows: Art. 63.-Claims and remedies provided for in this law, the competence of the courts, the court deciding where the company has its principal place of business. "
23. In paragraphs (1) to (4) of article 67 shall read as follows: Art. 67. — (1) the share of profits paid to every associate what constitutes the dividend.

(2) Dividends paid to members in proportion to the share of participation in the paid-up share capital, if the articles of association do not provide otherwise. They are paid within the period fixed by the general meeting of members or, where applicable, as established by special laws, but not later than 8 months after the date of approval of the annual financial statement for the financial year ended. Otherwise, the company will pay a penalty in respect of the period of delay, the level of interest.
  

(3) will not be able to distribute dividends until profits determined according to the law.
  

(4) paragraph dividends paid out contrary. (2) and (3) shall be refunded if the company proves that the associates have known distribution or irregularity, in the existing circumstances, had to know it. "
  

24. Article 69 shall read as follows: Art. 69.-If a loss of net assets, the capital will have reunified or reduced before it could make any profit-sharing or distribution. "
25. Paragraph 2 of article 73 shall read as follows: "(2) the action in liability against the Trustees and creditors of the company belongs to, will be able to exercise only in case of opening the proceedings governed by law No. 64/1995 concerning the procedure of bankruptcy and judicial reorganization, republished, with subsequent amendments and additions. "
26. Article 74 shall read as follows: Art. 74. — (1) In any invoice, offer, order, tariff, prospectus and other documents used in trade, emanating from a company, you must indicate the name, business name, registered office and registration code. Are exempt from the tax receipts issued by electronic measuring instruments marked, which shall comprise the elements provided for in the relevant legislation.

(2) For the limited liability company you have mentioned and social capital, and joint-stock and limited partnership shares in 243 and share capital, of which the effective, according to the last annual financial statements be approved. "
  

27. Article 86 shall read as follows: Art. 86.-to approve the annual financial statement and for decisions related to the introduction of the action in liability of administrators is needed the vote of members representing a majority of the share capital. "
28. Paragraph 3 of article 89 shall read as follows: "(3) the limited partner has also the right to request copy of the annual accounts and to check their accuracy by researching trade registers and other documents."
29. paragraphs (2) and (3) of article 91 shall read as follows: "(2) Kinds of actions will be determined through the Constitutive Act; otherwise they will be registered. Registered shares may be issued in physical form, on paper or in the form of dematerialized, in which case it shall be recorded in the register of shareholders.

(3) shares issued by a joint stock company as a result of subscripţiei through a public offering of securities, defined as such by Government Emergency Ordinance nr. 28/2002, approved and amended by the law No. 525/2002, as amended and supplemented, are subject to regulations applicable to the organized market on which those shares are traded. "
  

30. Paragraph 5 of article 92 shall read as follows: "(5) may securitize more cumulative shares, which are issued in the physical form."
31. In article 93, paragraph 2, subparagraph (b)) shall read as follows: "(b)) date of incorporation, the trade register in which the company is registered, the registration number and the official Monitor, part IV-a, where he made publishing;"
32. Paragraph 3 of article 93 shall read as follows: "(3) For registered shares shall mention: first and last name, social security number and place of residence of the shareholder or natural person; name, registered office, registration number and the registration code of the shareholder legal entity, as applicable. "
33. In paragraphs (1) and (2) of article 98 shall read as follows:

"Art. 98. (1) the ownership of the registered shares issued in physical form is transmitted through the statement made in the register of shareholders and through the entry made on the title, signed by the transferor and the transferee or by their authorised representatives. Ownership of registered shares issued in dematerialized form is transmitted through the statement made in the register of shareholders, signed by the transferor and the transferee or by their authorised representatives. By the articles of association may provide for other forms of transmission of ownership shares.

(2) ownership of the shares issued in dematerialized form and traded on an organised market shall be in accordance with Government Emergency Ordinance nr. 28/2002, approved and amended by the law No. 525/2002, as amended and supplemented. "
  

34. Paragraph 4 of article 102 shall read as follows: "(4) as long as the action is property of indiviză or of several persons, they shall be liable jointly and severally for making payments due."
35. paragraphs (5) and (6) of article 103 shall read as follows: "(5) payment of shares thus acquired will be done only from the distributable profit and reserves available, with the exception of statutory reserves, entered in the last approved annual financial statement.

(6) In the annual report that accompanies the annual financial statement shall show: the reasons that led to the acquisition of own shares, the number and the nominal value of the shares acquired, and the equivalent value of the fraction of capital which they represent. "
  

36. Article 103 shall be inserted in paragraph (8) with the following contents: "(8) the provisions of this article shall apply where an undertaking, in which the company holds a majority of voting rights directly or indirectly a dominant influence by times, acquires shares in the dominant society."
37. Paragraph 2 of article 105 shall read as follows: "(2) the establishment of movable securities over its actions, either directly or through persons acting in their own names but on behalf of the society, shall be treated as own shares with the acquisition. The shares will be accounted for separately. "
38. Article 106 shall read as follows: Art. 106. — (1) the creation of movable collateral actions shall be made in writing under private signature, which will show the amount of the debt, the amount and category of actions that are guaranteed, and in the case of bearer shares and the registered data in physical form, and by mentioning the title guarantee, signed by the creditor and the debtor or their shareholder representatives.

(2) the security shall be recorded in the register of shareholders kept by administrators or, where appropriate, an independent company that keeps the register of shareholders. Creditor in whose favour the security actions real securities shall be issued a proof of its registration.
  

(3) the guarantee becomes third party acquiring relied in order of rank preference of creditors from the date of registration in the Real guarantees electronic archive. "
  

39. Article 107 shall read as follows: Art. 107.-Shares acquired under art. 103 para. (1) to (5) and paragraphs 1 and 2. (8) do not give entitlement to dividends. Throughout the entire period of possession by the society, the right to vote which it confers on these shares is suspended, while majorities of present and voting for making valid judgments in general meetings are reported to the rest of the capital. "
40. Article 108 shall read as follows: Art. 108.-shareholders who offers for sale their shares through a public offering will have to draw up a prospectus for the offer in accordance with Government Emergency Ordinance nr. 28/2002, approved and amended by the law No. 525/2002, as amended and supplemented. "
41. Article 109 shall read as follows: Art. 109.-Situation of the shares must be included in the notes to the annual financial statement and, in particular, to indicate whether they have been fully paid shares and, if applicable, the number of shares for which it was requested, to no avail, making payments. "
42. Paragraph 1 of article 111 shall read as follows: Art. 111. (1) the ordinary Assembly shall meet at least once a year, not later than 4 months after the end of the financial year. "
43. In article 111, paragraph 2, letter a) shall read as follows: ") to discuss, endorse or modify the annual financial statements, based on the reports of the directors, auditor or auditors, and fix the dividend;"
44. In article 113, after subparagraph (c)) is inserted in point c ^ 1) with the following content: "c ^ 1) establishment or abolishment of certain headquarters branches secondary agents, dealers or other such units without legal personality, whether through the articles of association do not provide otherwise;"
45. Article 114 shall read as follows: Art. 114. (1) the exercise of powers referred to in art. 113 lit. b), c), (e)), f) and i) will be able to be a delegate to the Board of directors or by the sole administrator or the articles of incorporation of the extraordinary General Assembly.

(2) the provisions of article 4. 130 paragraph 1. (4) and (5) of article 2. 131, with the exception of para. (3), and of article 12. 132 applies also in the case of decisions by administrators under the terms of paragraph 1. (1) the company will be represented in court by the person designated by the President of the Court from among its shareholders, who will fulfil the mandate with which it was charged, until a general meeting convened for this purpose, will choose another person. "
  

46. Paragraph 4 of article 117 shall read as follows: "(4) if all of the shares of the company are registered, the summons may be made only by registered letter or, if its rules allow, by simple letter, mailed at least 15 days before the date of holding the Assembly to address the shareholder entered in the register of shareholders. Address change cannot be opposed to society, unless it has been communicated in writing to the shareholder. "
47. Article 117 shall be inserted in paragraph (9) with the following contents: "(9) shareholders of closed societies can make proposals in writing addressed to the Trustees for the completion of the agenda, except when they relate to the amendment of the articles of Association, at least 5 days before the date of the Assembly, following the proposals to be included on the agenda with the approval of the General Assembly."
48. Paragraph 3 of article 119 shall read as follows: "(3) If administrators did not convene the General Assembly, the headquarters of the company will be able to authorise, with the attendance of administrators and in accordance with art. 331-339 of the code of civil procedure, the General Assembly is convened by the persons who fulfil the conditions laid down in paragraph 1. (1) using the same conclusion. the Court shall determine the date of the reference provided by art. 122 paragraph 3. (2) the date of the general meeting and the keeping of the shareholders, the person shall preside. "
49. According to article 121 article 121 insert ^ 1 with the following content: "Art. 121 ^ 1. -In the case of closed societies with registered shares, by the articles of incorporation may agree on keeping the General meetings and correspondence. "
50. Paragraph 2 of article 123 shall read as follows: "(2) where actions are made up of real securities, guarantees the right to vote belongs to the owner."
51. Paragraph 1 of article 124 shall read as follows: Art. 124. (1) the shareholders will not be able to be represented in the General meetings but by other shareholders, on the basis of a special power of Attorney, except as provided for in art. 102 paragraph 1. (2) and (3), when a special power of attorney can be date and another co-owner. "
52. Paragraph 2 of article 125 shall read as follows: "(2) They can vote but the annual financial statement if, with at least half of their participation in the share capital, cannot form majority without their vote legal."
53. According to paragraph 2 of article 131 shall be inserted (2 ^ 1 2 ^ 3) with the following contents: (2 ^ 1) when invoking reasons of absolute nullity, the right of action is imprescriptibil, and the application may be made and any interested person.
(2 ^ 2) Administrators can not attack General Assembly decision regarding revocation of their function.
(2 ^ 3) The application will settle in contradictory with the company represented by administrators. "
54. Paragraph 4 of article 131 shall read as follows: "(4) the scheme should be introduced to the Court of first instance in whose territory it has its registered office the company."
55. Paragraph 7 of article 131 shall read as follows: "(7) irrevocable Judgment of cancellation will be noted in the register and published in the Official Gazette of Romania, part IV. After its publication, it may be relied on to all shareholders. "
56. In paragraph (1) of article 132 shall read as follows: Art. 132. (1) with the filing of the action in annulment, the plaintiff can ask the Court, on the way to Presidential Ordinance, suspending the execution of the judgment appealed against. "
57. Article 133 shall read as follows: Art. 133.-(1) shareholders who disagree with decisions taken by the General Assembly with regard to the main object of activity change, moving the registered office or to the form of the company shall be entitled to withdraw from society and to obtain the equivalent value of the company's possessing shares, at the average value determined by an expert authorised by using at least two methods of evaluating recognised European standards (EVS).

(2) the costs of making the expertise of this company is incurring.
  


(3) with the Declaration of withdrawal, will shareholders of the company's possessing actions if they have been issued pursuant to article. 97. (4) as a result of the withdrawal of shareholders under paragraph 1. (1), their actions will be acquired by the company, the provisions of art. 103 para. (7) being applicable. "
  

58. Paragraph 3 of article 134 shall be repealed.
59. Paragraph 5 of article 137 shall read as follows: "(5) the security shall be deposited in a separate bank account, at the sole disposal of the company, and the administrator will be reimbursed only after the general meeting approved the accounts of the last financial year in which the administrator has performed this function and gave him his discharge."
60. In article 139 shall be included in paragraphs (3) to (5) with the following contents: "(3) If the articles of incorporation otherwise, Board Chairman will have a casting vote in the event of parity of votes.

(4) If the Chairman of the Board function cannot or is not allowed to participate in the vote, other members of the Board of Directors will be able to choose a President for the meeting, having the same rights as the President in Office.
  

(5) in the event of parity of votes, and if the President does not qualify for the decisive vote, the proposal submitted to the vote shall be considered rejected. "
  

61. Article 143 is hereby inserted After article 143 ^ 1 with the following content: "Art. 143 ^ 1. -(1) the acquisition by a company of a good from a founder or shareholder: a) within a period not exceeding two years from the setting-up or the commencement of the company; and b) charging a fee or other equivalent value representing at least one tenth of the issued share capital will be subject to the prior approval of the extraordinary General Assembly of shareholders, as well as the provisions of art. 37 and 38, will be noted in the register of Commerce and will be published in the Official Gazette of Romania, part IV-a, and in a newspaper with wide availability.
  

(2) will not be subject to those provisions of acquisition operations carried out within the framework of the current activity of the company, those made from the disposal of an administrative authority or a Court of law nor those made within the operations of the stock market. "
  

62. paragraphs (4) and (5) of article 144 shall read as follows: "(4) administrators are jointly and severally liable with their immediate predecessors if, having knowledge of the irregularities committed by them, do they communicate the auditor or auditors.

(5) In societies that have more administrators responsible for acts perpetrated or for omissions and does not extend to administrators who have made it to State in the register of decisions of the Administrative Council, their opposition and i have încunoştinţat about this in writing and, if applicable the audit, on statutory auditors. "
  

63. In paragraphs (1) and (3) of article 145 shall read as follows: Art. 145. — (1) the administrator who has in a given operation, directly or indirectly, interests which conflict with the interests of society must notify them about this fellow Admins and on statutory auditors or auditing on and it will not take part in any deliberation concerning this operation.
.

(3) If the provisions of the articles of incorporation have not otherwise bans set in paragraph 1. (1) and (2), relating to the participation in the deliberation and the vote of the Trustees, shall not apply if the subject of the vote is: a) offer for subscription by an administrator or by the persons mentioned in paragraph 1. (2) shares or debentures of the company;
  

b) the administrator or the persons referred to in paragraph 1. (2) a loan or collateral in favour of the company. "
  

64. In article 145 shall be inserted in paragraph 4 with the following contents: "(4) the administrator who has not complied with the provisions of paragraphs 1 and 2. (1) and (2) be responsible for any damages resulting for society. "
65. After article 145 shall be inserted in article 145 ^ 1 with the following content: "Art. 145 ^ 1. (1) if the articles of incorporation not provided otherwise, and subject to the provisions of art. 145, on pain of nullity, the administrator will be able to dispose of the goods, respectively gain or from society, having a value of more than 10% of the value of the net assets of the company, only after approval by the General Assembly, under the conditions laid down in article 21. 112. (2) the provisions of paragraphs 1 and 2. (1) also applies to renting or leasing operations.
  

(3) the amount referred to in paragraph 1. (1) shall be calculated by reference to the approved financial statement for the financial year preceding the operation times, where appropriate, the amount of the capital subscribed, where such financial statement has not yet been submitted and approved.
  

(4) the provisions of this article are applicable to operations in which one party is relative or spouse of the Manager of times cranberry, up to the fourth degree inclusive, thereof; also, if the operation is terminated with a civil or commercial company to one of the previously mentioned individuals is administrator or director or holds, the only times together, a share of at least 20% of the issued share capital, except in cases in which one of the companies in question is the other branch. "
  

66. Article 148 shall read as follows: Art. 148. — (1) may be granted to administrators and Auditors remuneration and any other amounts or benefits solely on the basis of a decision of the General Assembly.

(2) it is prohibited to crediting by the company to its directors or directors, through operations such as: a) loans to directors or directors;
  

(b) the granting of financial advantages) managers or directors in connection with or after the conclusion of the company with these operations supply of goods, services or work;
  

c) guarantee, direct or indirect, in whole or in part, of any loans granted to administrators or directors, concomitant or subsequent to the granting of the loan;
  

d), direct or indirect, in whole or in part, of the work executed by administrators or directors of any other personal obligations towards third parties;
  

e) acquisition consideration or payment, in whole or in part, of a debt which has as a loan granted by a third person directors or directors or other personal benefit to them.
  

(3) the provisions of paragraphs 1 and 2. (2) are applicable to operations in which they are interested in your spouse, family members, or relatives up to the fourth degree inclusive, you have administrator or Director; also, if the operation concerns a civil or commercial company to one of the previously mentioned individuals is administrator or director holds the only times or with one of the above-mentioned persons, a share of at least 20% of the issued share capital.
  

(4) the provisions of paragraphs 1 and 2. (2) do not apply if: (a)) operations whose aggregate value is less than the fixed amount equivalent in MDL of 5,000 euro;
  

b) where the operation is terminated by the company under the terms of the exercise of its activity, and the terms are not more favourable to the operation of the persons mentioned in paragraph 1. (2) and (3) than that, typically, they practice against third parties. "
  

67. paragraphs (1) and (5) of article 150 shall read as follows: Art. 150.-(1) the action in liability against the founders, directors, auditors or auditors and Directors belong to the General Assembly, which will decide by the majority laid down in article 21. 112..

(5) if the action starts against directors, they shall suspend the law until a final sentence of backwardness. "
  

68. Paragraph 1 of article 153 shall read as follows: Art. 153. — (1) If the administrators notes that as a result of losses on net assets, determined as the difference between total assets and debts of the company, representing less than half of its registered capital, will convene an extraordinary general meeting to decide his capital, reduction of reunification at the salvage value or the dissolution of the company. "
69. Section IV will have the following title: "financial audit, internal audit and the Auditors ' 70. Paragraphs (5) and (6) of article 154 shall be repealed.
71. Paragraph 7 of article 154 shall read as follows: "(7) the Auditors are required to submit, within the time limit provided for in art. 137 para. (3) the third part of security required for administrators. Are exempted from this obligation public accountants or auditors, accountants are proof of completion of professional indemnity insurance cover. "
72. Article 155 shall read as follows: Art. 155. (1) the financial statements of companies, which is governed by accounting regulations harmonized with European directives and international accounting standards will be audited by auditors who are individuals or legal entities, subject to the conditions provided by law.

(2) companies whose annual financial statements shall be subject to the law, financial audit internal audit will be organized according to rules drawn up by the Chamber of Deputies from Romania for this purpose.
  

(3) The companies whose financial statements on an annual basis are not subject to the law, financial audit of the ordinary general meeting of shareholders will decide on granting financial or audit the auditor's appointment, as appropriate. "
  

73. Article 156, paragraph 2, subparagraph d) shall read as follows:

"d) persons who, during the exercise of powers conferred by this quality control duties, were under the Ministry of public finance and other public institutions, except as expressly provided for by law."
74. In paragraphs (1) to (3) Article 158 shall read as follows: Art. 158. — (1) the censors are obliged to supervise the management of the company, to determine whether the financial statements are drawn up legal and in accordance with the records, if the latter are held regularly and if the valuation of property has been made according to the rules for the preparation and presentation of financial statements.

(2) About all of this, as well as on proposals they deem necessary with regard to financial statements and profit distribution, the censors shall submit a detailed report to the General Assembly.
  

(3) the general meeting may approve the annual financial statements unless they are accompanied by the auditor's report or, where appropriate, of the financial auditors. "
  

75. Section VI will have the following title: "About the company's records and the annual financial statements ' 76. Article 172 (1) (a)) shall read as follows: ' a) a register of shareholders to satisfy, where applicable, the name and last name, social security number, business name, domicile or registered office of the shareholders with registered shares, as well as payments made to the account. Record of securities issued by a company owned public traded on a regulated market, will be held by a company approved by the Board of the national registry of securities under Government Emergency Ordinance nr. 28/2002, approved and amended by the law No. 525/2002, as amended and supplemented;
77. Article 173 shall read as follows: Art. 173. (1) the Administrators or, where appropriate, independent companies are obliged to make available to shareholders and any other applicants records referred to in article 1. 172 para. (1) (a). to issue) and at their own expense, request, extracted from them.

(2) also are required to make available to shareholders and holders of bonds on the same terms, the registers referred to in article 1. 172 para. (1) (a). b) and (f)). "
  

78. Article 175 shall be inserted in paragraph 4 with the following contents: "(4) where the shareholder register is held by an independent company authorized indication is required in the commercial register of the company and its headquarters, as well as of any changes in respect of these particulars."
79. Article 176 shall read as follows: Art. 176.-the administrators must provide the auditor or auditors, at least one month before the day fixed for the meeting of the General Assembly, the annual accounts for the preceding financial year, accompanied by their report and supporting documents. "
80. Article 177 shall read as follows: Art. 177. (1) the annual accounts shall be drawn up under the conditions provided by law.

(2) the annual accounts of companies shall be audited or verified by the law. "
  

81. paragraphs (1) and (4) of article 178 shall read as follows: Art. 178. (1) in the resulting company will take every year, at least 5% for the formation of the reserve fund, until it will reach the fifth part of the share capital.
..

(4) the founders shall participate in the profit, if this is provided for in the articles of association or, in the absence of such provisions, was approved by the extraordinary general meeting. "
  

82. Article 179 shall read as follows: Art. 179. (1) the annual accounts together with the auditor's reports, administrators or auditors will remain deposited at the headquarters of the society and the branches in the 15 days prior to the meeting of the General Assembly, for consultation by shareholders.

(2) Shareholders will be able to ask the Board of Directors, at their expense, copies of annual financial statements and other reports referred to in paragraph 1. (1)."
  

83. Paragraph 1 of article 180 shall be repealed.
84. Paragraph 2 of article 180 shall read as follows: "(2) the administrators shall be bound, within 15 days from the date of the General Assembly, to submit a copy of the annual financial statements, accompanied by their auditor's report or the report of the statutory auditors, as well as of the minutes of the General Assembly, the Office of the trade register and the Ministry of public finance under the accounting law nr. 82/1991 republished. "
85. Article 181 shall read as follows: Art. 181.-approval of the annual financial statements of the General Assembly not to impede the exercise of the action in liability against administrators, directors, auditors or auditors. "
86. Paragraph 1 of article 187 shall read as follows: Art. 187. (1) the general meeting shall decide by an absolute majority of the vote representing members and social parties, except for the case when the articles of incorporation provide otherwise. "
87. In article 189 paragraph 1, letters a and b)) shall read as follows: ' a) to approve the annual accounts and to determine the allocation of the net profit;

b) to designate the audit administrators and cancel them and give them their download activity, and to decide on granting financial audit, when it is not binding under the law; "
  

88. Article 191 shall read as follows: Art. 191.-provisions for joint stock companies, with regard to the right to have the decisions of the General Assembly, shall also apply to limited liability companies, the period of 15 days referred to in art. 131 paragraph 2. (2) the following shall run from the date on which the associate took the attention of the General Assembly's decision that an attack. "
89. Paragraph 3 of article 192 shall read as follows: "(3) the provisions of article 4. 75, 76, 77 para. (1) and 79 also apply to companies with limited liability. "
90. Article 194 shall read as follows: Art. 194. (1) the provisions of article 4. 155 para. (1) and (2) shall apply accordingly.

(2) The companies which do not fall within the provisions of art. 155 para. (1) Assembly members may appoint one or more auditors '.
  

(3) if the number of members of 15 passes, the appointment of the auditor is mandatory.
  

(4) the provisions for joint-stock companies, the censors shall also apply to the auditor of the companies with limited liability.
  

(5) in the absence of audit, each of the members, who is not an administrator of the company, will exercise the right of control that associates have in the companies. "
  

91. Paragraph 1 of article 196 shall read as follows: Art. 196. (1) the financial statements shall be drawn up on the rules for the joint-stock company. After approval by the General Assembly of the members, they will be submitted to the General directions of the stewards of public funds, within the time limits prescribed by law. A copy of the annual financial statement will be submitted to the trade register Office. It will make the announcement referred to in art. 180 paragraphs 5 and 6. (3)."
92. Paragraph 1 of article 199 shall read as follows: Art. 199.-(1) the articles of incorporation may be amended by decision of the General Meeting adopted in accordance with the law or by means of an addendum to the memorandum or by decision of the Court, pursuant to article. 218 paragraph 1. (2 ^ 1) and art. 221 para. (1 ^ 1). "
93. According to paragraph 1 of article 199 shall be inserted (1 ^ 1 and ^ 2-1) with the following contents: "(1 ^ 1) authentic Form of the Act adopted by the associated modifier is required where the purpose: to increase the registered capital) by subscription in kind contribution of that land;
  

b legal form) the amendment in a society the society partnerships;
  

c) increase the registered capital through public subscription.
  

(1 ^ 2) The provisions of article 16 also applies in the case of a change of the name of the times to continue limited liability company with sole shareholder. "
94. paragraphs (2) and (3) of article 199 shall read as follows: "(2) the Act, comprising references to the texts of the amended articles of Association shall be registered in the commercial register on the basis of the conclusion of the judge delegate, except as provided for in art. 218 paragraph 1. (2 ^ 1) and art. 221 para. (1 ^ 1), when registration will be done on the basis of the ruling irrevocable.

(3) after the registration in the commercial register, the modifier can be sent ex officio Official Monitor, for publication in Part IV, by the commercial register at the expense of society. "
  

95. Paragraph 3 of article 203 shall read as follows: "(3) any creditor of the company, whose claim is established by a previous title of publication of the judgment, can make the opposition pursuant to article. 62. ' 96. Article 203 is inserted in paragraph 4 with the following contents: "(4) Creditors whose claims are chirografari established by the previous decision of the publication titles can get on the path of the opposition, charging advance their claims following the expiry of two months laid down in paragraph 1. (1) unless the company has provided guarantees real or personal creditors accepted. "
97. Paragraph 3 of article 205 shall read as follows: "(3) favorable revaluation Differences will be included into the heritage reserves, without major capital."
98. In article 207, paragraph 2, letter e) shall read as follows:

"it's the last approved financial statement), auditor or auditors report;"
208. Article 99 shall read as follows: Art. 208.-increase the registered capital of a company through a public offering of securities, defined as such by Government Emergency Ordinance nr. 28/2002, approved and amended by the law No. 525/2002, as amended and supplemented, is subject to that legislation. '
100. Article 211 shall read as follows: Art. 211.-(1) shares issued to increase the registered capital shall be offered for subscription in the first place, the existing shareholders in proportion to the number of shares which they possess, they can exercise their right of preference only within the term determined by the general meeting, if the articles of incorporation do not provide for another term. After expiry of that period, the shares will be offered for public subscription.

(2) the agreement to increase the share capital carried out without granting preference to the existing shareholders, pursuant to paragraph 4. (1), is struck by the absolute nullity. "
  

101. Article 218, after paragraph 2, insert the (2 ^ 1) with the following contents: (2 ^ 1) as a result of exclusion, the Court shall order, by the same decision, and on the structure of participation in the share capital of the other associates. "
102. Paragraph 3 of article 218 shall read as follows: "(3) a final Judgment for exclusion will be filed within 15 days at the trade register Office to be included in the operative part of the judgment, and will be published at the request of the company in the Official Gazette of Romania, part IV."
103. In article 221, after paragraph (1) Insert (1 ^ 1) reads: "(1 ^ 1) In the situation referred to in paragraph 1. (1) (a). (c)), the Court shall order, by the same decision, and on the structure of participation in the share capital of the other associates. "
104. In paragraph 2 of article 222 shall read as follows: "(2) in the case referred to in paragraph 1. (1) (a). a), associations must be consulted by the Admins, at least 3 months before the expiry of the undertaking, on whether to extend it. In the absence, at the request of any of the members, the Tribunal will be able to order through closing, making consultation under article. 119.105 ". Paragraph 2 of article 223 shall read as follows: "(2) a limited partnership joint stock or limited liability is dissolved in the event and in the conditions laid down in paragraph 1. (1) (a). the a and b)). "
106. Article 232 shall read as follows: Art. 232. (1) at the request of any interested person, as well as of the national trade register Office, the Tribunal will be able to pronounce the dissolution of the company in cases in which: (a) no longer has) the company statutory organs or they cannot meet;
  

b) company did not filed, not later than 6 months after the expiry of the statutory time limits, annual financial statements or other documents under the law, shall be submitted to the trade register Office;
  

c) company has ceased trading, no headquarters are known either satisfies the conditions relating to their head offices or associations disappeared or not having their domicile or known residence or known;
  

d not) the company has completed the share capital, in accordance with the law.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). c) are not applicable in the case in which the company has been in temporary inactivity announced fiscal authorities and registered in the commercial register. Duration of inactivity may not exceed 3 years.
  

(3) judgment of the Court which pronounced the dissolution shall be registered in the commercial register, shall communicate to the General Directorate of the county public finance, Bucharest, and published in the Official Gazette of Romania, part IV-a, at the expense of the holder request for dissolution, it may proceed against the company.
  

(4) in the case of several judicial winding-up, for the situations listed in paragraph 1. (1) advertisement will be able to perform in the Official Gazette of Romania, part IV-a, in the form of a table showing: unique registration code, name, legal form and registered office of the company dissolved, the Court which ordered the dissolution, the file number, the number and date of the judgment of dissolution. In these cases the rates of publication in the Official Gazette of Romania, part IV-a, shall be reduced by 50%.
  

(5) Any person may appeal against the ruling is made, within 30 days after making public the conditions of paragraph 1. (3) and (4). The provisions of article 60 para. (3) and (4) shall apply accordingly.
  

(6) on the date of the judgment whether admissible which upheld the dissolution of the company will be removed from the Office of the register of Commerce. "
  

107. In article 234, after paragraph (1) Insert (1 ^ 1) reads: "(1 ^ 1) When actions are of multiple categories, the proceedings on the merger/Division, pursuant to art. 113 lit. (g)), shall be subject to the outcome of the vote, given pursuant to article. 115.108. " In article 236, the letters e and h)) will read as follows: "(e)) share-exchange ratio of the shares or of the parties and, where appropriate, the amount of any compensation; will not be able to be exchanged for shares issued by acquiring the shares of the company being acquired whose holder is, either directly or through persons acquiring status, times the company being acquired itself;.

h) merger financial statement date/Division, which will be the same for all participating companies; "
  

109. Paragraph 2 of article 237 shall read as follows: "(2) the draft terms of merger or Division, endorsed by the judge-delegate, shall be published in the Official Gazette of Romania, part IV-a, at the expense of the parties, in full or in extract, according to the judge's disposition of the request or delegate parties, with at least 30 days prior to the meetings in which the data of the extraordinary general meetings to decide on in accordance with article 10. 113 lit. g), on the merger/Division. "
110. Article 239 shall read as follows: Art. 239.-(1) managers of the merging companies or divide will put at the disposal of the shareholders/members at the registered office at least one month before the date of the extraordinary General Assembly meeting: a) draft terms of merger/Division;
  

b) of managers, they will be justified in terms of legal and economic necessity of a merger/Division and will determine the exchange ratio of shares;
  

c) financial statements together with the reports on the past 3 financial years, as well as three months before the date of the draft terms of merger/Division;
  

d) auditor and, where applicable, the report of the statutory auditors;
  

e) one or more report experts, natural or legal persons, appointed in compliance with art. 37 and 38, the judge delegate, upon justeţei report-Exchange/social parties, in the case of shares in joint stock limited partnership or limited liability; for the preparation of the report, each of the experts shall be entitled to obtain from the merging companies/divide all the required documents and information and to carry out proper checks. The report will include:-the methods used to arrive at the share-exchange ratio proposed;
-assessment of whether those methods were appropriate, the indication of the values arrived at by each method, as well as opinion on the importance of these methods between those for reaching values;
-any hardships encountered during evaluation action;

f) track contracts with values exceeding 100,000,000 lei being enforced and their allocation, in the case of the Division of corporations.
  

(2) Shareholders/Associates will be able to obtain free copies of the acts listed in paragraph 1. (1) or extracts from them. "
  

111. following article shall be inserted in article 239 239 ^ 1 with the following content: "Art. 239 ^ 1. -In the case of a merger by absorption, the administrators of the company being acquired, as well as the experts who prepared the report under article 13. 239 para. (1) (a). e) responsible towards civil shareholders/associates of the company being acquired for the damages caused to them due to errors committed in the framework of the merger operation. "
112. Article 242 shall read as follows: Art. 242. (1) the Act of incorporation of the modifier of the acquiring company shall be registered in the commercial register in whose constituency is located, approved by the company and judge-delegate, shall be, ex officio, the Romanian official monitor, for publication in Part IV, at the expense of the company.

(2) Advertising for companies being acquired can be carried out by the acquiring company, in cases in which those companies have not made it, within 15 days after the endorsing of the Act of incorporation of the modifier of the acquiring company by judge delegate. "
  

113. Article 251 shall read as follows: Art. 251.-the liquidators which substantiates by submitting the annual financial statement, the funds at the disposal of society are not sufficient to cover the balance due should wax amounts needed responsible partners unlimited or those who have not made payments in full, if they are forced, according to the form of the company, to procure them or, if they are debtors to society, for outstanding payments, which were required as associates. "
114. Paragraph 2 of article 254 shall read as follows:

"(2) within 15 days after the completion of the liquidation, the liquidators will ask for deletion of the company from the commercial register, under penalty of a fine from 2,000,000 judicial lei for each day of delay, which will be applied by the judge-delegate, following referral to any interested party, by dismissal. Conclusion the judge-delegate is enforceable and subject to appeal. "
115. Paragraph 2 of article 255 shall read as follows: "(2) joint stock companies and partnerships with limited liability stock records provided for in art. 172 para. (1) (a). a)-f) will be submitted to the trade register in which the company has been registered, where any interested party will be able to take knowledge of them with the authorization of the judge delegate and the rest of the acts of the company will be deposited at the national archives. "
116. In paragraphs (1), (2) and (4) of article 257 shall read as follows: Art. 257. (1) after completing the liquidation of the company, in simple limited partnership or limited liability, the liquidators shall prepare its financial situation and to propose the distribution of assets between associates.

(2) the disgruntled Associate can do opposition, pursuant to article. 62, within 15 days following notification of the financial situation of liquidation and distribution project.
  

..

(4) after the expiry of the period referred to in paragraph 1. (2) or after the sentence over the opposition remained irrevocable, accounts of liquidation and distribution shall be considered approved and liquidators are liberaţi. "
  

117. Paragraph 1 of article 259 shall read as follows: Art. 259. — (1) the liquidators shall provide Administrators a over the last time management since the last financial statement approved until the start of the liquidation. "
118. Paragraph 2 of article 260 shall read as follows: "(2) When management override during a financial year, account must be attached to the first financial statement on which the liquidators of the General Assembly."
119. Article 261 shall read as follows: Art. 261.-If the liquidation is extended beyond the duration of the financial year, the liquidators are obliged to draw up annual accounts, complying with the provisions of the law and Constitution. "
120. In paragraphs (1) and (2) of article 262 shall read as follows: Art. 262. (1) After the completion of the liquidation, the liquidators shall draw up the final financial statement, showing why it should be part of each action from the distribution of assets of the company, together with the auditor's report or, where appropriate, the report of the statutory auditors.

(2) financial position, signed by the liquidators, will submit, to be referred to the trade registry office, and will be published in the Official Gazette of Romania, part IV. "
  

121. In paragraph 1 of article 263 shall read as follows: Art. 263. (1) if the time limit laid down in article 21. 260 paragraph 6. (3) has expired without the opposition, the financial situation is considered approved by all shareholders, and liquidators are liberaţi, subject to the sharing of the assets of the company. "
122. Paragraph 1 of article 264 shall read as follows: Art. 264. — (1) the amounts due to shareholders, unearned within two months of the publication of the financial situation, will be deposited in a bank or one of its units, with the name and forenames appearing shareholder if shares are nominative, or numbers, if they are bearer. "
123. Paragraph 2 of article 265 shall read as follows: "2. the presents, in bad faith, the shareholders/associates a financial statement inaccurate or incorrect data on the economic conditions of society, in order to hide her real situation;"
124. Paragraph 5 of article 266 shall read as follows: "5. receives or pays dividends, in whatever form, of fictitious profits, or which could not be distributed, in the absence of contrary to those financial times resulting from this;"
125. The introductory part of article 268 shall read as follows: Art. 268.-shall be punished with imprisonment from one month to one year or with a fine administrator, Director, Executive Director or legal representative of the company: "126. The introductory part of paragraph 1 of article 269 shall read as follows: Art. 269.-(1) is punishable by imprisonment from one month to one year or with a fine administrator: "127. Article 270 shall read as follows: Art. 270.-shall be punished with imprisonment from one month to one year or with fine which shall not censor shall convene a general meeting in the cases where it is required by law. "
128. The introductory part of paragraph 1 of article 273 shall read as follows: Art. 273. (1) shall be punished with imprisonment from six months to three years or with a fine bond holder or shareholder who: "129. (2) Article 273 shall read as follows: "(2) a person who leads a shareholder or debenture holder, as in Exchange for a sum of money or other material advantage, to vote in a certain sense in the General meetings or to not take part in voting shall be punished with imprisonment from six months to three years or with a fine."
130. Paragraph a) Article 276 shall read as follows: ' a) falsification, evading or destroying society's best times of hiding the company's assets, debt non-existent or appearance submission in the register of the company, in another act or in the accounts of sums unduly paid, each of these acts being committed in order to diminish the apparent value of assets; "
131. following article shall be inserted in article 286 286 ^ 1 with the following content: "Art. 286 ^ 1. -The Government will be able to change annually through determination, the minimum capital laid down in article 21. 10 para. (1) taking into account the rate of inflation, so, until 31 December 2005, joint stock companies and partnerships with limited liability on shares, the share capital may not be less than the equivalent in MDL of 25,000 euro. Government decision will also contain the deadline for completion of capital. "


Article X title VI "the legal regime of movable securities" of the law No. 99/1999 on measures to speed up economic reform, published in the Official Gazette of Romania, part I, no. 236 of 27 May 1999, with subsequent amendments, changes as follows: 1. The letters a and c)) of article 2 shall read as follows: "all disposals of rights) claim;

c) all forms of tenancy, including any leasing, for a term exceeding one year, involving the goods referred to in article 1. 6 of this title; "
  

2. In article 6 (5), the letters g and h)) will read as follows: "(g) guaranteed rights of claim);

h negotiable instruments); "
  

3. In article 6 (5), letter n) is repealed.
4. Paragraph 1 of article 10 shall read as follows: Art. 10. — (1) any type of obligation to give, to do or not to do is likely to be guaranteed with real guarantee governed by this title, including future obligations, under the condition, divisible or ascertainable. "
5. Article 15 shall read as follows: Art. 15.-Warranty Contract shall indicate the actual maximum value of the obligation secured. "
6. Paragraph 1 of article 24 shall read as follows: Art. 24. — (1) any property which replaces the property constituted as collateral or the property in which has passed the security value of the property affected is supposed to be a product of the asset initially, unless the borrower will furnish proof to the contrary. "
7. Paragraph 1 of article 26 shall read as follows: Art. 26. — (1) When the actual warranty covers all the debtor's assets or goods of a particular kind, the debtor may request, at any time, an acknowledgement on the part of the creditor of the amount of the obligation which remained to be guaranteed or a detailed list of the assets affected. For this purpose, borrower will give the creditor a list of estimated assessment of goods affected by the guarantee, to be confirmed. "
8. Article 28 shall read as follows: Art. 28.-towards third parties, including State security, and other tasks on the goods subject to the actual provisions of this title shall have the rank of priority established at the time that the guarantee of real or actual tasks were made public by one of the methods described in this chapter. "
9. Paragraph 1 of article 36 shall read as follows: Art. 36. — (1) any creditor who, without being a party to a contract of guarantee, has a privilege by the mere operation of law, including the privilege of the State or administrative territorial units for claims arising from taxes, fees, fines and other amounts that represent the public revenues are due, takes precedence over the security of the creditor over the goods in the case only at the time the privilege meets the condition of inclusion of its advertising to the archives or through possession of the property. "
10. Paragraph 2 of article 57 shall read as follows: "(2) the database will need to include the date, the hour, the minute and second record."
11. Paragraph 2 of article 68 shall read as follows: "(2) the lender will advance the costs and to bear the risks associated with the transportation and storage of the goods in question. '
12. In paragraph 3 of article 71 shall read as follows: "(3) notification shall be made in any manner that provides proof of its receipt."
13. In paragraph (1) of article 75 shall read as follows: Art. 75. — (1) within 5 working days of receipt of the notification, the debtor, the creditor or owner of the property, if he has an interest, may make opposition to sale of the property at the court competent according to the code of civil procedure. "
14. Paragraph 1 of article 80 shall read as follows:

"Art. 80. — (1) If the obligation guaranteed was not paid, and the property affected, guarantee or products obtained from the sale of his represents amounts deposited into an account at a Bank, the lender shall notify its intention to recover the debt from the proceeds deposited into that account. "
15. In paragraphs (1) and (2) of article 82 shall read as follows: Art. 82. (1) After blocking the account, according to art. 81 paragraphs 1 and 2. (2) the Bank will pay out of the account debtor's debt, according to the demand of the creditor.

(2) If, according to the order of precedence governed by this title, another creditor has higher priority over the deposit account, the Bank must pay the first lender with higher priority, even if its claim did not become chargeable. "
  

16. Article 86 is repealed.
17. Paragraph 2 of article 88 shall read as follows: "(2) a creditor may withhold the amounts obtained as a result of such sale, after paying the debtor due rights, pursuant to paragraph 1. (1)."
18. Paragraph 1 of article 91 shall read as follows: Art. 91. — (1) a guarantee in respect of a real movable corporeal, which is relied on as, under the law of the place where the property on the date of its establishment, maintains the rank of priority in Romania, where they have been recording for the archive: a) before ceasing the priority rank acquired under the law of the place where the property is situated when the security has been lodged; and (b)) no later than 60 days after the date on which the property has been brought in Romania; or c) not later than 15 days after the date on which the lender knew that the property was brought to Romania. "
  

19. Paragraph 1 of article 92 shall read as follows: Art. 92. — (1) the lessor's Collateral or donor, which may be relied on regardless of the existence of some formalities of advertising, according to the law of the place where the property is situated at the time of conclusion of the contract of hire or lease, it retains its priority rank, if the record in the archive, in accordance with this title, it was done: a) before ceasing the priority rank, acquired under the law of the place where the property is situated when the security , and b) within a period of not more than 60 days after the date on which the property has been brought into Romania, or c) not later than 15 days after the date on which the lender knew that the property was brought to Romania. "
  

20. In article 93, paragraph 1 (b)) shall read as follows: "(b) marketable securities) that are not in the possession of the creditor."
21. Paragraph 3 of article 93 shall read as follows: "(3) the provisions of this title, by the location of the lender, lessor, financier, debtor, lessee or, where appropriate, the user understands the professional headquarters, domicile or residence of the individual offices of the times legal person."
22. Article 94 shall read as follows: Art. 94.-where the debtor, lessee or user changes his domicile or registered office, as these are defined in article 3. 93 para. (3) or where the debtor shall constitute a guarantee in favour of a person in another State, renting, leasing or real guarantee which has become a top priority, according to the ranking of this title, shall preserve the rank from Romania, where the security or the tenancy lease times registered abroad: a) before the date on which this title actual warranty or registration of the lessor or the donor loses the status of priority; and b) within a period of 60 days from the date on which the debtor, lessee or user is established abroad or from the date on which the debtor shall constitute a guarantee in favour of persons abroad; or c) not later than 15 days after the date on which the creditor has knowledge that the debtor, lessee or user settled abroad or that constituted a guarantee in favour of persons abroad. "
  

23. Paragraph 1 of article 98 shall read as follows: Art. 98. (1) the privileged Creditors, including the State and administrative-territorial units, for claims arising from taxes, fees, fines and other amounts representing revenue, may take precedence over a creditor with real guarantee, only if you have opted-in to the archive the claim or, where appropriate, in the documents of real estate advertising, elapse of such warranties guaranteed by the lender. "


Article XI the law. 87/1994 *) for combating tax evasion, as published in the Official Gazette of Romania, part I, no. 299 of 24 October 1994, as amended, is modified and completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 87/1994 on combating tax evasion has been republished in the Official Gazette nr. 545 of July 29, 2003. Changes in the law. 161/2003 refers to the shape of the law. 87/1994 nerepublicată.

Law No. 87 of 18 October 1994, republished in the Official Gazette nr. 545 of July 29, 2003 was repealed by article 7 letter a). 16 of law No. 241 of 15 July 2005, published in Official Gazette No. 672 of 27 July 2005.

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1. Article 1 shall read as follows: Art. 1.-tax evasion is theft by any means from the imposition or the payment of taxes, fees, contributions and other amounts owed to the State budget, local budgets, State social insurance budget and special budget funds of individuals and legal entities, Romanian or foreign law the taxpayers. "
2. In article 3 a new subparagraph is hereby inserted with the following content: "Taxpayers who obtain income from trade or the provision of services to the public are required to display, at the places where the work is done, the operating licence and a registration certificate containing a unique registration code assigned."
3. In article 4 a new paragraph is inserted with the following content: "taxpayers are forced to use primary documents for work and accounting are determined by law, purchased only from drives that were established by the legal norms in force and fill out the appropriate forms, integral sections of operations."
4. Article 9 shall read as follows: Art. 9.-constitutes infringement and is punishable by imprisonment from six months to three years or with fine's refusal to submit, control bodies authorized under law, supporting documents and accounting documents, as well as material assets subject to taxes, fees and contributions from public funds, in order to establish budgetary obligations. "
5. Article 10 shall read as follows: Art. 10.-constitutes infringement and is punishable by imprisonment from 6 months to 5 years and the prohibition of certain rights or with fine, or failure of the primary documents of the time of the acceptance of such documents in order to prevent financial and accounting checks, if the Act had as consequence of diminishing income or taxable sources.
With the penalty provided for in paragraph 1. 1 shall be imposed and entry into service, in any manner, without the right or possession for the purpose of circulation without law, financial and tax documents. "
6. Article 11 shall read as follows: Art. 11.-Constitute crimes and are punishable by imprisonment from 2 to 8 years and the prohibition of certain rights following acts: a) evading the payment of tax liability by means of activities for which the law provides for the obligation of the registration or by exerting unauthorized activities, for the purpose of earning income;
  

b) evading in whole or in part from the payment of tax liabilities, in order to obtain income through non-taxable revenues, concealing the source object or the taxable or taxable income or decreasing as a result of fictionalized;
  

c) omission, in whole or in part, to highlight the accounting documents or in other legal documents, commercial operations or revenue times recording of operations or expenditure not in order not to pay tax, or to diminish the tax or contribution;
  

d) organisation and management accountability, altering or destroying accounting documents, memoranda of equipment charged or fiscal or other means of data storage, in order to reduce taxable income or sources;
  

e) issue, distribution, purchase, completion of the fold with the acceptance of false tax documents science.
  

The attempt is punishable. "
7. Article 12 shall read as follows: Art. 12-Constitute crimes and are punishable by imprisonment from 3 to 10 years and the prohibition of certain rights following acts: a) evading the payment of tax under the social parties held in a company with limited liability, which is carried out for this purpose;
  

b) circumvention of the tax and financial control by declaring the fictional regarding a company headquarters, offices or at the offices of subunits making points, and to change them without fulfilling the conditions laid down in the regulations made for this purpose. "
  

8. Articles 13 to 16 shall be repealed.
9. In article 17 paragraph 1 points (b)) and k) are repealed.
10. Paragraph 2 of article 17 shall read as follows: "the Offences referred to in paragraph 1. 1 shall be imposed with a fine from 500,000 lei to 30,000,000 lei to individuals and with fine of 5,000,000 lei la 100,000,000 lei for legal entities. "
11. Article 18 shall be repealed.
12. Article 20 shall read as follows:

"Art. 20.-Finding contraventions and penalties are carried out by the financial control bodies of the Ministry of Finance tax and subordinate territorial units, the financial guard and the other control bodies empowered by law. "
13. Article 21 shall be repealed.
14. Article 22(3) shall read as follows: Art. 22.-the provisions of this law relating to the offence shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended. "


Article XII the law. 26/1990 on the commercial register, republished in the Official Gazette of Romania, part I, no. 49 of 4 February 1998, as amended and supplemented, law No. 31/1990 on the companies, republished in the Official Gazette of Romania, part I, no. 33 of 29 January 1998, as amended and supplemented, title VI "the legal regime of movable securities" of the law No. 99/1999 on measures to speed up economic reform, published in the Official Gazette of Romania, part I, no. 236 of 27 May 1999, as amended, and law No. 87/1994 on combating tax evasion, with subsequent amendments, as well as those made by this title shall be in the Official Gazette of Romania, part I, posing a new texts.


Title III regulations on public function and civil servants Act No. XIII. 188/1999 on the status of civil servants, as published in the Official Gazette of Romania, part I, no. 600 of 8 December 1999, with amendments and additions thereto, shall be amended and shall be completed as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 188/1999 on the status of civil servants has been republished in the Official Gazette nr. 251 of 22 March 2004. Changes in the law. 161/2003 refers to the shape of the law. 188/1999 nerepublicată.

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1. Article 1 shall read as follows: Art. 1.-(1) this Act regulates the general status of legal relations between public servants and the public authorities and institutions from Central and local public administration, hereinafter referred to as service ratios.

(2) the purpose of this law is to ensure, in accordance with the statutory provisions of the public service, a stable, professional, impartial, efficient and transparent in the interest of citizens and of public authorities and institutions from Central and local public administration. "
  

2. Article 2 shall read as follows: Art. 2. — (1) the duties and responsibilities of the Assembly represents, established under the law, in order to achieve the prerogatives of public power by Central and local public administration.

(2) the public Officer is the person appointed, under the present law, in public office. The person to whom it ceased service report for reasons not attributable to them keeps the quality of civil servants, while continuing to be part of the Reserve Corps of civil servants.
  

(3) the activities of civil servants, which involve the exercise of public power, are the following: a) the bringing into force of laws and other normative acts;
  

b) preparation of draft legislative acts and other regulations specific to public authority or institution, as well as securing their endorsement;
  

c) drafting policies and strategies, programs, studies, analyses and statistics, as well as documentation concerning the application and enforcement of laws required to achieve competence of the authority or public institution;
  

d) counseling, public internal control and audit;
  

e) of human resources and management of financial resources;
  

f) collecting debts;
  

g) representing the interests of the public body or authority in its relations with the natural or legal persons governed by public or by private law, in the country and abroad, within the limits of competence established by the head of the institution or public authority, as well as representation in justice of the public authority or institution in which they operate;
  

h) carrying out activities in accordance with the strategy of informatization of the public administration.
  

(4) public functions are set out in the annex to this law.
  

(5) for the purposes of this Act, all civil servants from public institutions and authorities from Central and local public administration constitutes the body of civil servants. "
  

3. Article 3 shall be repealed.
4. Article 4 shall read as follows: Art. 4.-the principles underlying public tenure are: a) legality, impartiality and objectivity;
  

b) transparency;
  

c) efficiency and effectiveness;
  

d) accountability, in accordance with the legal provisions;
  

e) citizen orientation;
  

f) stability in the performance of public service;
  

g) hierarchical. "
  

5. After article 4 shall be inserted in article 4 ^ 1 with the following content: "Art. 4 ^ 1. -(1) the relations between the service and shall be exercised on the basis of the administrative act of appointment issued under the law.

(2) the exercise of service activities to be implemented for an indefinite period.
  

(3) Notwithstanding paragraph 1. (2) public functions can be occupied during the period determined under the conditions expressly prescribed by law. "
  

6. Paragraph 1 of article 5 shall read as follows: Art. 5.-(1) eligible for special public servants statute, which operates under the following public services: a) of structures of the Romanian Parliament;
  

(b) specialized structures) Presidential Administration;
  

(c) specialized structures) Legislative Council;
  

d) diplomatic and consular services;
  

e) the customs authority;
  

f) police and other structures of the Ministry of Internal Affairs;
  

g) other public services established by law. "
  

7. Article 6 shall read as follows: Art. 6.-the provisions of this law shall not apply to: (a) the employee) personnel of public authorities and institutions engaged in secretarial, administrative, protocol, management, maintenance-repair and servicing, as well as other staff who did not exercise the prerogatives of public power;
  

(b) salaried personnel employed,) on the basis of personal trust, the Minister's Cabinet;
  

c) judiciary;
  

d) teachers;
  

e) persons appointed or elected into positions of public dignitaries. "
  

8. Chapter II is amended and shall read as follows: "CHAPTER II classification of public functions.
Categories of officials Art. 7.-(1) public functions shall be classified as follows: a) general public offices and public offices;
  

b) public functions of class I, class a public offices, public positions in class III.
  

(2) the functions of the General Assembly represents the public duties and responsibilities of a general nature and common to all public authorities and institutions, in order to achieve their overall competencies.
  

(3) specific public functions and responsibilities duties constitutes a whole with the specific character of certain public authorities and institutions, in order to achieve their specific competences.
  

Art. 8.-public functions are divided into three classes, as defined in relation to the level of education required employment tribunal service, as follows: a) class I includes public functions for the employment of which require higher education, graduated with a Bachelor's degree or equivalent;
  

b) class II includes public functions for whose employment is of short duration studies, graduated with a Bachelor's degree;
  

c) third class includes public functions for the employment of which require secondary education high school, graduated with the diploma.
  

Art. 9. — (1) After the holder's duties Tribunal level, public functions are divided into three categories as follows: (a) the appropriate category) public functions of senior civil servants;
  

(b) the appropriate category) public officials civil servants;
  

(c) the appropriate category) public officials civil servants.
  

(2) public servants appointed in public functions in classes II and III can handle only public functions, with the exceptions provided for in special laws.
  

Art. 10. — (1) civil servants are beginning or definitivi.

(2) may be appointed civil servants beginning people who promoted a contest for occupying public office and does not satisfy the conditions laid down by law for a public office.
  

(3) may be appointed civil servants definitivi: beginning of civil servants), which carried out the internship period provided for in law and obtained a result corresponding to the assessment;
  

(b) persons who enter into) the body of civil servants through competition and having seniority in the appropriate specialty public function, a minimum of 12 months, 8 months, 6 months, depending on the level of education completed;
  

c) persons who have promoted the training and professional development programs in the public administration.
  

Art. 11.-senior civil servants Category includes persons who are named in one of the following functions: a) general Secretary of Government and Assistant Secretary general of the Government;
  

b) State Councillor;
  

c) general Secretary and deputy general Secretary from ministries and other specialized bodies of central public administration;
  

d) prefect;
  

subprefect e);
  


f) Secretary general of the Prefecture, Secretary-General of the County and the municipality of Bucharest;
  

g) director general within ministries and other specialized bodies of central public administration.
  

Art. 12-(1) the civil servants Category includes persons appointed for driving one of the following functions: a) to the Secretary of the municipality of Bucharest, sector of the city and of the commune;
  

b) Deputy director general, director and Deputy director from the ministries and other specialized bodies of central public administration;
  

c) executive director and Deputy Executive director public services decentralized of ministries and other specialized bodies of central public administration, as well as within the apparatus of the local public administration authorities;
  

d) Chief;
  

e) Office Chief.
  

(2) civil servants driving organizes, coordinates, and controls the activities Guide. 2 (2). (3) under the authority of a public official in a hierarchical superior or a dignitary.
  

Art. 13. — (1) civil servants Are running in class I, the persons named in the following functions: Adviser, inspector, expert, legal adviser, auditor.

(2) civil servants running in class a, the persons named in the reviewer.
  

(3) Are public servants run class III, called the public function of the reviewer.
  

Art. 14.-public Functions are structured professional degrees, as follows: (a)), as the maximum level;
  

(b));
  

c) Assistant;
  

d) award. "
  

9. Articles 15, 15 ^ 1, 16 and 17 shall be repealed.
10. Chapter III shall read as follows: "CHAPTER III Category of senior public servants Art. 18. — (1) belongs to the category of senior public servants: a person who performs the cumulative conditions laid down in article). 49;
  

b) has higher education long duration, graduated with a Bachelor's degree or equivalent;
  

c) graduated from specialized training programs and improvement in public administration or in other specific areas of activity, organized, where appropriate, by the National Institute of administration or other specialized institutions, organized in the country or abroad, or has acquired the scientific title of doctor in civil service;
  

d) has at least 7 years work experience in public service;
  

e) promoted a contest for occupying public offices. 11. (2) in exceptional cases, as provided for in paragraph 1. (1) (a). d) may be reduced by up to 3 years of the person who has legal competence for appointment to the position.
  

Art. 19. — (1) the competition for admission to specialized training programmes in public administration is organised by the National Institute of Administration, based on regulation of the organisation and conduct of the contest.

(2) Regulation of organisation and conduct of the competition for admission to training programmes in public administration, organized by the National Institute of Administration, approved by decision of the Government on the proposal of the Ministry of regional development and public administration.
  

Art. 19 ^ 1. -(1) the appointment of senior civil servants is made by: a) Government, for public functions. 11 lit. ) and (d));
  

b) Prime Minister for public functions. 11 lit. b), c) and (e));
  

c) Minister of public administration, public order functions. 11 lit. f);
  

(d)) the Minister or, where appropriate, the head of the institution or public authority, for the functions referred to in article. 11 lit. g). (2) For appointment to the public functions of category of senior public servants shall constitute a Commission, made up of five personalities recognized as specialists in public administration, appointed by decision of the Prime Minister, upon proposal of the Minister of public administration.
  

Art. 19 ^ 2. -Termination of service of senior civil servants is made in accordance with the law, according to art. 19 ^ 1 (1). (1)."
11. In paragraphs (1) and (2) of article 20 shall read as follows: Art. 20. — (1) For the creation and development of a professional body of civil servants, set up stable and impartial, subordinated to the Ministry of public administration and regional development, the national agency of civil servants, the specialized body of the central public administration, with legal personality.

(2) the national agency of civil servants is led by a President with the rank of Secretary of State, appointed by the Prime Minister, upon proposal of the Minister of public administration. In exercising the functions assigned to the Agency's National President, civil servants issue orders with normative and individual. "
  

12. Article 21 shall read as follows: Art. 21. — (1) the national agency of civil servants shall have the following duties: a) develops policies and strategies concerning the management of public service and public servants;
  

b) develops and advises draft normative acts concerning the public function and civil servants;
  

c) monitors and controls the mode of application of the legislation on public function and civil servants in public institutions and authorities;
  

(d) draw up common rules) applicable to all public authorities and institutions, relating to public functions and instructions concerning the uniform application of legislation in the field of public service and public servants;
  

e) draft law on the establishment of unified system of payroll for civil servants;
  

(f) the criteria for evaluating) determines the activity of civil servants;
  

g) centralizes the proposals for training of civil servants, set out as a result of the evaluation of individual professional performance of public servants;
  

h) cooperates with the Institute of Directors in establishing specific training programmes for diploma specialized in public administration and professional development of public servants;
  

I) prepares and manages the database containing the records of public functions and civil servants;
  

j) approves the terms and conditions and procedure for organising the selection and recruitment for general public, advises and monitors recruitment to specific public functions;
  

k) carry out the redistribution of public servants who have ceased employment service for reasons not attributable to them;
  

l) provide assistance and methodological coordinates human resources compartments within the authorities and institutions of the Central and local public administration;
  

m) participate in the negotiations between the trade unions representing civil servants and the Ministry of regional development and Public Administration;
  

n) collaborates with organizations and with international organizations in the field or activity;
  

an annual) draw up consultation with public authorities and institutions, the Employment Plan of public functions, which shall submit it to the Government;
  

p) annual report shall be drawn up in respect of the management of public functions and civil servants, and present it to the Government.
  

(2) the national agency of civil servants meets any other duties determined by law.
  

(3) the national agency of civil servants has active procedural legitimation and refer the matter to the competent administrative court with respect to: (a) acts whereby the authorities) or public institutions violate laws concerning the public function and civil servants, established as a result of their activity;
  

b) refusal of public authorities and institutions to apply the legal provisions in the field of public service and public servants.
  

(4) the Act pursuant to paragraph 1 attacked. (3) is suspended by operation of law.
  

(5) the President of the national agency of civil servants may seize and prefect in connection with unlawful acts issued by local authorities or public institutions.
  

13. Article 22(3) shall read as follows: Art. 22. — (1) the employment plan sets out public functions: a) the number of public functions reserved for the promotion of civil servants who meet the legal conditions;
  

(b) the number of public functions) which will be reserved for graduates of specialized training programmes in public administration, organized by the National Institute of administration or similar institutions from abroad;
  

(c) the number of public functions) will be determined by competition;
  

(d) the number of public functions) will be set up;
  

(e) the number of public functions) as they undergo reorganization;
  

f) maximum number of public functions on each class, category and grade;
  

g) maximum number of public functions.
  

(2) the plan referred to in paragraph 1. (1) shall be prepared by the national agency of civil servants, in consultation with the representative trade union organisations at national level and is subject to approval by the Government. "
  

14. Article 23 shall be repealed.
15. Article 24 shall read as follows: Art. 24.-the current human resources Management and public functions is organized and carried out, within each of the authorities and public institutions, by a specialized compartment, which collaborates directly with the national agency of public servants. "
16. Section 2 of chapter IV shall read as follows: "SECTION 2 of the record of public functions and civil servants

Art. 25. — (1) the national agency of civil servants administering national records public functions and civil servants, based on the data submitted by the authorities and public institutions.

(2) the evidence of public functions and civil servants within the public authorities and institutions are held by the national agency of civil servants.
  

(3) in order to ensure efficient management of human resources and for the pursuit of public functionary career, public authorities and institutions shall set up the folder for each public servant.
  

(4) the standard format of the records of public functions and civil servants, as well as the professional content of the file shall be set by decision of the Cabinet of Ministers, on a proposal from the national agency of civil servants.
  

Art. 25 ^ 1. -(1) the public authorities and institutions responsible for compiling and updating of dossiers of civil servants and ensure their safe.

(2) In case of transfer or termination of service, authority or public institution shall retain a copy of the professionally and handed out the original public functionary, on the basis of the signature.
  

(3) the authorities and public institutions are required to communicate to the national agency of civil servants, within 10 working days after any change occurs in the case of civil servants.
  

(4) persons who have access to the data contained in the records of public functions and civil servants, as well as to the professional public functionary are required to maintain the confidentiality of personal data, in accordance with the law.
  

(5) at the request of the public officer or public authority, the institution is obliged to issue a document certifying the work done by him, length of service, vocational and function in public. "
  

17. Paragraph 2 of article 26 shall read as follows: "(2) it is prohibited any discrimination between public officials based on political, trade-union membership, religious beliefs, ethnic origin, gender, sexual orientation, social background, material status or any other such."
18. After article 26 article 26 shall enter ^ 1 with the following content: "Art. 26 ^ 1. -Public Servant is entitled to be informed of the decisions taken pursuant to the present Statute and that it is aimed at directly. "
19. In paragraphs (1) and (2) of article 27 shall read as follows: Art. 27. — (1) the right of Trade Union Association of civil servants is guaranteed, except those that are nominated in the category of senior public servants, public servants and other categories of public servants to whom this right is prohibited by statute.

(2) civil servants, with the exception of those referred to in paragraph 1. (1) may freely establish trade union organizations, to join them and to exercise any mandate within them. "
  

20. Article 28 shall read as follows: Art. 28.-civil servants are recognized the right to strike, in accordance with the law, respecting the principle of continuity of public service and celerităţii. "
21. Article 29(3) shall read as follows: Art. 29. — (1) for the work of public servants isometric are entitled to a salary composed of: a) base salary;
  

b) bonus for seniority of work;
  

c) supplement to the station;
  

Supplement d) degree.
  

(2) civil servants shall receive the salary and other rights under the law.
  

(3) the remuneration of civil servants shall be in accordance with the provisions of the law on the establishment of the unitary salary system for civil servants. "
  

22. Article 30 shall be repealed.
23. After article 31 article 31 is inserted ^ 1 with the following content: "Art. 31 ^ 1. — (1) civil servants are entitled to continuously improve vocational training.

(2) the period during which public officials follow the forms of professional training, receive proper salary rights, where these are organised at the initiative of) or in the interest of the public body or authority;
  

b) followed by the public functionary, with the consent of the public authority or institution of the driver;
  

(c)), organized by the National Institute of administration, regional training centres for local public administration, law, or other specialized institutions in the country and abroad.
  

(3) where the training and further training in the forms referred to in paragraph 1. (2), shall in addition of their authority or public institution, civil servants benefit from delegating rights according to the law.
  

(4) to cover the costs of training programmes and professional training of civil servants, organised under conditions para. (2) (a). ) and (c)), public authorities and institutions are obliged to provide in their own annual budget amounts needed for expenditure. "
  

24. After article 32 shall be inserted in article 32 ^ 1 with the following content: "Art. 32 ^ 1. -Civil servants, with the exception of civil servants from the ministries of national defence, public order and national security may be elected or appointed in a position of public dignitaries, according to the law. "
25. Article 35 shall read as follows: Art. 35. — (1) the public authorities and institutions have a duty to ensure that public servants work conditions and hygiene in order to protect the health of them and physical and psychological integrity.

(2) civil servants may, exceptionally, for health reasons, change the compartment which they operate. The change can be made on the appropriate public office, if the public servant concerned is fit to meet the new professional tasks the incumbent. "
  

26. In paragraph 2 of article 39 shall read as follows: "(2) the authority or public institution is obliged to ensure protection of civil servant against threats, violence, facts of outrage to which they might be victim in exercising public function or in connection with this. In order to guarantee this right, authority or public institution will request the assistance of bodies empowered by law. "
27. Article 41 shall read as follows: Art. 41. — (1) civil servants are required to carry out with professionalism, impartiality and in accordance with the law, the duties of the Office and to refrain from any act that could harm the natural or legal persons civil servants Corps prestige times.

(2) public servants are obliged to support the leadership proposals and initiatives of the subordinate staff motivated, to improve the activity of the public body or authority in which they operate, as well as the quality of public services provided to citizens.
  

(3) civil servants have the duty to respect the rules of professional conduct and civic as provided by law. "
  

28. Article 42 shall read as follows: Art. 42. — (1) civil servants are obliged, in their duties, to refrain from expressing or manifesting convictions public and their political preferences, not to favor any political party and should not participate in political activities during working hours.

(2) civil servants are forbidden from serving on the governing bodies of political parties. "
  

29. In article 43, paragraph 1 after insert (1 ^ 1) reads: "(1 ^ 1) the public Officer is required to comply with the provisions of the hierarchical superiors received."
30. Paragraph 2 of article 43 shall read as follows: "(2) a public Officer is entitled to refuse in writing and reasoned, fulfilling the provisions given by the hierarchical superior, if we consider them illegal. If that which issued a disposition in writing, formulate public servant is obliged to execute, unless it is manifestly illegal. Public officer has the duty to bring to the attention of the authority of the person issuing the disposal, such situations. "
31. Article 44 shall read as follows: Art. 44.-public officials have the obligation to keep state secret, the secret service, and confidentiality in connection with the facts, information or documents that are known to the public in the exercise of their function, in accordance with the law, with the exception of information of public interest. "
32. Article 45 shall be repealed.
33. Paragraph 2 of article 46 shall read as follows: "(2) the appointment in public office as well as at the termination of service, civil servants are required to submit, in accordance with the law, public authority or institution of the driver, the Declaration of wealth. Declaration of wealth are updated on an annual basis, according to the law. "
34. Article 47 shall read as follows: Art. 47. — (1) civil servants are required to resolve, within the time limits set by the hierarchical superiors, the work assigned to it.

(2) civil servants are forbidden to receive direct requests whose solution go into their competence or to discuss directly with petenţii, with the exception of those for which they were established, and also powers to intervene to resolve these claims. "
  

35. Article 48 shall read as follows:

"Art. 48. — (1) civil servants are obliged to follow the forms of professional training, organized by the National Institute of administration or other institution empowered by law whose cumulative is a minimum of 7 days per year.

(2) civil servants who follow the specialized training programs in public administration, with a duration of more than 90 days, organized by the National Institute of administration or other similar institutions from abroad, financed from the State budget or local, are obliged to engage in writing that they will work in the public administration, at least 5 years after the end of the programmes.
  

(3) in the case of non-compliance with the undertaking, civil servants are obliged to reimburse the institution or public authority, the equivalent value of the cost of improvement, calculated in accordance with the law.
  

(4) the provisions of paragraphs 1 and 2. (3) also apply where people who follow a form of processing under the conditions of paragraph 1. (2) and of article 23. 31 ^. (2) and have graduated from their guilt. In this case, civil servants are obliged to reimburse pay received during this period.
  

(5) the provisions of paragraphs 1 and 2. (4) does not apply where a public servant no longer holds public office for reasons not attributable to him. "
  

36. According to article 48 article 48 is inserted: ^ 1 with the following content: "Art. 48 ^ 1. -Civil servants have an obligation to respect strictly the legal regime of the conflict of interests and incompatibilities, as determined according to the law. "
37. Chapter VI is amended and shall read as follows: "CHAPTER VI Career civil servants civil servants Recruitment section I Art. 49.-can handle a public person who meets the following conditions: (a) Romanian citizenship) and domiciled in Romania;
  

b) knows the language Romanian, written and spoken;
  

c) aged not less than 18 years old;
  

d) has full capacity of exercise;
  

e) has a corresponding public health tool for campaigning, attested on the basis of specialized medical examination;
  

f) satisfies the conditions of studies prescribed by law for public office;
  

g) satisfies the conditions for civil service employment;
  

h) has not been convicted of committing a crime against humanity, against the State or against the authority of service or in connection with the service, which prevents the administration of Justice, fake or acts of corruption or of an offence committed with intent, which would make it incompatible with public service, except where there has been refurbishment;
  

I) has not been fired from public office over the past seven years;
  

j) has not held political police activity, as defined by law.
  

Art. 49 ^ 1. -(1) precised can be done through promotion, transfer, sublicense and contest.
(2) the conditions and procedure for the participation of the Organization of the contest will be established under the present law, and competition will be organised and managed as follows: a) by the Commission of competition referred to in art. 19 ^ 1 (1). (2) for senior civil servants;
  

b) by the national agency of civil servants, public functions for driving vacations, with the exception of public functions of head office and Chief;
  

(c)) that the authorities and public institutions in Central and local public administration, for the public functions of the head office and head office, as well as for public functions and, respectively, the specific public functions, with the opinion of the national agency of civil servants;
  

d) by the National Institute of administration, with the opinion of the national agency of civil servants, for admission to specialized training programmes in public administration, organized by the appointment in a public office.
  

(3) the competition is based on the principle of open competition, transparency, competence and merit, as well as that of equality of access to public functions for every citizen who satisfies the conditions laid down by law.
  

(4) the conditions of the contest will be published in the Official Gazette of Romania, part III, with at least 30 days before the date of realisation.
  

(5) persons who participate at the contest organized according to the provisions laid down in article 21. 22 paragraph 1. (1) (a). (c)) must satisfy the conditions of seniority in public functions, as provided for by the present law.
  

(6) the procedure for organizing and conducting competitions in terms of this article shall be fixed by Decree of the Cabinet of Ministers, on a proposal from the national agency of civil servants, in accordance with the principles and conditions laid down by this law.
  

Section 2 of the traineeship period Art. 50. — (1) the period of the internship aims at checking the professional skills in the performance of duties and responsibilities of a public office, the training of public servants, school teachers as well as knowledge of the specifics of the public administration and its requirements.
(2) the duration of the internship is for 12 months for public servants running in class I, 8 months for those in class II and 6 months for those in class III.
  

(3) the period within which a person followed and promoted specialized training programs in public administration, for appointment into a public office, shall be treated as internship period.
  

Art. 51. — (1) at the end of the internship, based on the outcome of the assessment made, public servant award will be: a) run civil servant called in the appropriate class, completed studies in public functions. 13 professional grade Assistant;
  

b) dismissed from public office, where she obtained in the assessment of the activity of "inappropriate".
  

(2) in the case referred to in paragraph 1. (1) (a). (b)), as well as in the case of nepromovării training programs specialized in public administration, for appointment into a public final function traineeship shall not constitute the public function.
  

Section 3 of the public service Appointment Art. 52. — (1) the appointment of the public functions of category of senior public servants shall be in accordance with the provisions of art. 19 ^ 1 (1). (1) and (2) appointment to public functions for the contest article. 49 ^. (2) (a). b) and d) is made by the administrative act issued by the public authorities or institutions from Central and local public administration on the proposal of the national agency of civil servants.
  

(3) appointment to public functions for the contest article. 49 ^. (2) (a). (c)) shall be made by the administrative act issued by the public authorities and institutions from Central and local public administration.
  

(4) the Administrative Act of appointment has written form and must contain the legal basis of the appointment, the name of the public officer, the public, the date from which they are to exercise their public function, pay, and the place of business.
  

(5) the job description relating to the civil service shall be attached to the administrative act of appointment, and a copy thereof shall be given to public functionary.
  

(6) the entry in the body of public servants, the official oath of faith within three days from the issuance of appointment in the final. The oath has the following formula: "I swear to respect the Constitution, fundamental rights and freedoms of man, to apply fairly and without bias laws of the country, to conscientiously fulfil my duties in public office in which I was appointed, to maintain professional secrecy and to respect the rules of professional conduct and civic. So help me God. " The religious formula of discharge will respect freedom of religious conviction.
  

(7) the refusal of the oath referred to in paragraph 1. (6) shall be recorded in writing and shall entail the revocation of an administrative act of appointment in public office.
  

Section 4 of the promotion of civil servants and professional Art appraisal. 53.-public servant career enjoys the right to promote in public office and to advance in the ranks of the payroll.
Art. 54. — (1) the promotion is the way career development through a higher public offices vacant.

(2) promotion in public office vacant upper is made by competition or exam.
  

Art. 55. — (1) in order to participate in the contest of the promotion in a public execution from the main professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

b) have obtained from the performance evaluation of individual professional over the past 2 years at least "very good" rating;
  

c) meets the requirements specified in the job description.
  

(2) to participate in the contest of the promotion in a public execution from professional grade, civil servants must fulfil the following minimum conditions: (a)) have a minimum of 2 years work experience in the execution of public functions from the main professional degree or 4 years in the execution of public functions from professional grade Assistant in the class corresponding to completed studies;
  

b) have obtained from the performance evaluation of individual professional over the past 2 years at least "very good" rating;
  


c) meets the requirements specified in the job description.
  

Art. 56. — (1) have the right to participate in the contest in order to promote employment of public functions of driving vacations persons who fulfil the following conditions: a) are members of specialized training programmes and improvement in public administration, organized by the National Institute of administration, regional training centres for local public administration, as well as other specialized institutions, in the country or abroad;
  

b) were named in a public function in class I;
  

(c) specific requirements) in the job description and the conditions of seniority referred to in paragraph 1. 2. (2) for the vacant leadership functions to be fulfilled following conditions of seniority in specialty studies necessary public tenure: a minimum of 2 years), for public functions of head office, Head Office and Secretary of the commune;
  

(b) not less than 5 years) for public functions. 12, except as provided in (b). a). 57. following the attainment of a diploma of higher studies in the specialty in which they operate, civil servants have the right execution to participate in the contest to fill a vacant public functions in a class superior to that in which they are employed.
Art. 58. — (1) the individual performance appraisal of civil servants shall be made annually.

(2) the procedure for assessment is aimed at: (a)) grades in salary advancement;
  

b) demote the pay grades;
  

c) promotion in public office upper;
  

d) removal from public office;
  

(e) the establishment of requirements) training of civil servants.
  

(3) the assessment of the performance of individual professional public functionary shall be granted one of the following qualifiers: "exceptional", "very good", "good", "satisfactory", "unsatisfactory".
  

(4) the assessment of the performance of individual professional senior civil servants is made by a Committee of evaluation, consisting of five personalities recognized as specialists in public administration, proposed by Minister of public administration and appointed by decision of the Prime Minister.
  

(5) the methodology for assessing the performance of individual professional civil servants are approved by decision of the Government on the proposal of the national agency of civil servants, after consultation with the trade union organizations of public servants, which are representative at national level. "
  

38. Chapter VII shall read as follows: "collective Agreements CHAPTER VII. The parity Commission Art. 59. — (1) the public authorities and institutions may be concluded annually, according to the law, agreements with unions representing public servants or with the representatives of civil servants, which contain only measures concerning: (a) the establishment and use of funds) aimed at improving conditions in the workplace;
  

b) health and safety at work;
  

c) daily working schedule;
  

d) further training;
  

e) measures other than those prescribed by law and relating to the protection of the elect in the governing bodies of the trade union organizations.
  

(2) where the Union is not representative or public servants are not organised in the Union, the agreement shall be concluded with the representatives of civil servants in that authority or public institution designated in accordance with the law.
  

(3) the authority or public institution shall provide the Trade Union representative or representatives of public officials the information needed for the conclusion of agreements concerning the relationship of service, in accordance with the law.
  

Art. 60. — (1) In the framework of public authorities and institutions shall constitute the parity committees. Depending on the number of public servants within the public authority or institution, the parity Commission may be set up within the Commission or for the authorities or public institutions.

(2) The composition of the parity Commission, enter an equal number of representatives designated by the head of the institution or public authority and the Union representing public servants. Where the Union is not representative or public servants are not organised in the Union, their representatives will be appointed by a majority vote of the public officials of that authority or public institution.
  

(3) the representatives of civil servants in the parity Commission may be appointed from among civil servants elected to the governing bodies of the Trade Union representative or from among the representatives of civil servants elected to negotiate agreements with the authority or public institution.
  

(4) in the case of the establishment of a joint Commission for the authorities or public institutions, it will be composed of an equal number of representatives of those authorities or public institutions, appointed under the terms of paragraph 1. (2). 61. — (1) the parity Committees are consulted in the negotiation by the authorities and public institutions of the agreements with the unions representing public service employees or their representatives.

(2) the parity Committees participate in the establishment of measures for improvement of the activity of public authorities and institutions for which they are established.
  

(3) Standing Committees pursue joint realization of agreements made between the representative trade unions or representatives of public servants with the authorities or public institutions.
  

(4) the Commission shall draw up different reports on the observance of the provisions of the agreements concluded in accordance with the law, they communicate the management authority or public institution, as well as the leadership of the unions representing civil servants. "
  

39. Articles 62, 63, 64, 65, 66, 67, and ^ 1 67 68 is repealed.
40. Article 70 shall read as follows: Art. 70. — (1) the violation with guilt by public officers of the appropriate public service duties they hold and the rules of professional conduct and the civic authority of law constitutes misconduct and disciplinary penalties.

(2) the following acts shall constitute disciplinary: a) systematic delay in carrying out the work;
  

b) negligence in dealing with repeated work;
  

c) absent from their service;
  

d) repeatedly disregard of the work programme;
  

e) interventions or stăruinţele to resolve requests in addition the legal framework;
  

f) failure to comply with professional secrecy or the confidentiality of the work with this character;
  

g) events which affect the prestige of the institution or public authority in which they operate;
  

h) conduct during working hours of certain political activities;
  

I) refusal to perform duties;
  

j) breach of legal duties, conflicts of interest, incompatibilities and prohibitions laid down by law for civil servants;
  

k) establishment by the civil servants running direct relations with petenţii in order to solve their applications.
  

(3) the disciplinary Sanctions are: (a) written reprimand;)
  

b) lessening of the 5-20% for a period of up to three months;
  

(c) suspension of duty) advancement in the ranks of salary or, where appropriate, to promote in public office for a period of 1 to 3 years;
  

d) transition into a lower public office for a period of up to one year, with a corresponding diminution in salary;
  

(e) dismissal from public office).
  

(4) The disciplinary sanction will individualize the consideration of causes and seriousness of the irregularity, the circumstances in which it was committed, the degree of guilt and consequences of deviation, the General behavior during the public functionary service, as well as the existence in its history to other disciplinary sanctions which have not been removed under this law.
  

(5) disciplinary Penalties shall apply not later than 6 months from the date of the violation. "
  

41. Article 71 shall read as follows: Art. 71. — (1) a disciplinary Sanction under article 9. 70 paragraph 1. (3) (a). He can be applied directly) by the head of the institution or public authority, on a proposal from the driver's compartment in the works concerned.

(2) the disciplinary Penalties referred to in article 1. 70 paragraph 1. (3) (a). b)) shall apply to the institution of public authority or leader, on a proposal from the Commission for discipline.
  

(3) the disciplinary Sanctions for senior civil servants shall be applied by decision of the Prime Minister, by order of the Minister or, as the case may be, of the central public authority or institution for those referred to in article 1. 11 lit. (g)), the Commission's proposal of discipline.
  

(4) disciplinary Penalties may not be applied until after the preliminary investigation of the offence committed and after hearing the public functionary. Hearing the public functionary shall be recorded in writing, on pain of nullity. The refusal of public functionary to be present at the hearings or to sign a statement concerning disciplinary misbehaviour that imputations shall be recorded in the minutes. "
  

42. Article 72 shall read as follows: Art. 72. — (1) In the framework of the authorities or public institutions constitutes the discipline committees. Depending on the number of public servants within each authority or public institution, the Disciplinary Committee may be formed for a single authority or public institution or for more.


(2) The composition of the Disciplinary Committee shall enter into an equal number of representatives designated by the head of the institution or public authority and the Union representing public servants. Where the Union is not representative or public servants are not organised in the Union representatives will be appointed by a majority vote of the public officials of that authority or public institution.
  

(3) Every Commission of discipline has a President who is not part of the representatives referred to in paragraph 1. (2) designated by the head of the public body or authority, in consultation with the Trade Union representative or, where appropriate, of civil servants.
  

(4) in the case of the establishment of a Commission of discipline common to several authorities or public institutions, it will be composed of an equal number of representatives of those authorities or public institutions, appointed under the terms of paragraph 1. 2. In this case, the Disciplinary Committee Chairman shall be appointed under the terms of paragraph 1. (3) on the basis of the proposal by the heads of public authorities and institutions.
  

(5) Disciplinary Committee for senior public servants is composed of 7 senior civil servants.
  

(6) the competent disciplinary Committees are to examine the facts that seized and propose disciplinary sanctions applicable to civil servants in public institutions or authorities concerned.
  

(7) the procedure for the establishment of boards of discipline, component, module, attributions and working procedure instituting them shall be determined by decision of the Cabinet of Ministers, on a proposal from the national agency of public servants. "
  

43. Article 73 shall be repealed.
44. According to article 74 Article 74 is hereby inserted ^ 1 with the following contents: "Art. 74 ^ 1. -(1) to highlight the situation of the public functionary disciplinary, national agency of public servants will release a criminal record, according to the database which it administers.

(2) the administrative Record is an act which comprises the public functionary disciplinary penalties applied and which have not been removed.
  

(3) the administrative Record is necessary in the following cases: (a) the appointment of a public officer) as a member of the Commission of competition for the recruitment of civil servants;
  

(b) the appointment of a public officer) as President and member of the discipline Committee;
  

(c) the appointment of a public officer) as a member of the parity Commission;
  

d) an appropriate category of senior public officials civil servants or public officials driving category;
  

e) in any other circumstances prescribed by law.
  

(4) the administrative Record is issued at the request of: (a) public functionary concerned);
  

(b) the driver's body or authority) in which they operate;
  

(c) the Disciplinary Committee President);
  

d) other persons prescribed by law. "
  

45. Article 75 shall read as follows: Art. 75. — (1) disciplinary Sanctions shall be deleted from the law, as follows: a) within 6 months of application, disciplinary sanction laid down in art. 70 paragraph 1. (3) (a). a);
  

b) within one year after the expiry of the period for which they have been applied in disciplinary sanctions. 70 paragraph 1. (3) (a). b)-d);
  

c) within 7 years of application, the penalty provided for in art. 70 paragraph 1. (3) (a). e). (2) the termination of the disciplinary sanctions specified in paragraph 2. (1) (a). ) and (b)) is established through administrative action of public authority or institution. "
  

46. Article 79 shall read as follows: Art. 79. — (1) the liability of the public functionary for crimes committed during or in connection with the duties of a public function on handle engages the criminal law.

(2) where it has been put in motion criminal proceedings for committing a crime of the kind referred to in article 1. 49 lit. (h)), the head of the public body or authority shall order the suspension of public functionary from a public function on hold.
  

(3) If ordering removal under criminal prosecution, termination times and where the Court has the payment or cessation of the criminal trial, suspension from public function ceases, and the public servant in question will be reintegrated into public office previously owned and will be paid the outstanding pay claims relating to pay for the period of suspension.
  

(4) where the conditions are not fulfilled for the commitment of criminal liability, and the deed of public functionary can be considered misconduct, will be notified by the competent disciplinary committee. "
  

47. Article 80 shall be repealed.
48. Chapter IX shall read as follows: "CHAPTER IX amendment, suspension and termination of service section 1 of Amendment service Art. 81.-Modification of service occurs through: a) delegation;
  

b) detachment;
  

(c));
  

d) moving to another section of the public body or authority;
  

e) temporary exercise of a public office.
  

Art. 82. (1) the delegation of ordering authority or in the interest of the institution in which the public servant is employed for a period of not more than 60 days in a calendar year.

(2) a public Officer may refuse the delegation if they are in one of the following situations: a) pregnancy;
  

b) grow minor child;
  

c) health, proven with medical certificate makes it contraindicated delegation.
  

(3) a Delegation of more than 60 calendar days in a year can dispose only with written permission of the public functionary. So far as it may provide for a period not exceeding 90 calendar days in a year.
  

(4) official delegation during the public retains public function and salary, and the authority or public institution that you delegate is obliged to bear the full cost of transportation, accommodation and allowance for delegation.
  

Art. 83. — (1) post ordering in the interest of public authority or institution in which to conduct business in any public officer for a period not exceeding 6 months. In the course of a calendar year, a public official can be detached for more than 6 months only with the consent or written.

(2) Posting can dispose only if professional training of public functionary powers and responsibilities correspond to public function you are going to be posted.
  

(3) a public Officer may refuse the posting if you stood in one of the following situations: a) pregnancy;
  

b) grow minor child;
  

c) health, proven with medical certificate makes it contraindicated posting;
  

d) posting is done in a town where not appropriate conditions will be ensured;
  

e) is the only întreţinător of the family;
  

f) good family reasons justify the refusal to grant the posting.
  

(4) the period of the posting public servant maintains public function and salary. Public function if the corresponding wage which is posted is greater, he shall be entitled to this. At the time of posting to another public authority or institution commune, the beneficiary is obliged to bear the full cost of them transport, went and came back at least once a month, the price of accommodation and relocation allowance.
  

Art. 84. — (1) the transfer as a method of amending the report service, can take place between public authorities or institutions as follows: (a) the interests of the service);
  

b) at the request of public functionary.
  

(2) the transfer can be done in a public office for which specific conditions are set out in the job description.
  

(3) the transfer is in the interest of the service can only be made with the written consent of a public officer to be transferred. In the case of transfer in the interests of the service to another locality, the official public transferred shall be entitled to compensation equal to the net salary calculated at the salary levels in the month preceding the month in which you want to transfer, to cover all costs to a paid vacation for 5 days. These rights shall endure by the authority or public institution to which the transfer is made within a period not exceeding 15 days from the date of approval of the transfer.
  

(4) the transfer for the benefit of the service is made in a public function public function equivalent to that held by the public servant.
  

(5) the transfer on request is done in a public office, following approval of the equivalent demand of public functionary of the ruler of the authority or institution to which the transfer is sought.
  

Art. 85. — (1) the Moving within another section of public authority or institution can be permanent or temporary.

(2) moving the final in another compartment shall be approved, with the written consent of the public officer, by the head of the public body or authority that operates the public servant.
  

(3) temporary Relocation in another compartment shall be reasoned, in the interest of public authority or institution, by the head of the public authority or institution for a period not exceeding 6 months in a year, taking full account of vocational training and the salary of the public servant.
  

Art. 86. — (1) temporary Exercise of a public office of driving vacations can be achieved through the promotion of a public official who performs the specific conditions for this feature.


(2) the measures provided for in paragraph 1. (1) ordering by the head of the public authority or institution for a period not exceeding 6 months, with the opinion of the national agency of civil servants.
  

(3) temporary Exercise of a public office holder whose driving licence is suspended under this law shall be achieved through the promotion of temporary duration of the stay, to a public official who performs the specific conditions for this feature.
  

(4) the measures provided for in paragraph 1. (3) the ordering by the head of the institution or public authority.
  

(5) If the appropriate civil service salary is delegated to exercise the public servant is entitled to this.
  

Section 2 of the report of the service to be suspended Art. 87. (1) the ratio of the service will be suspended by operation of law when a public official is in one of the following situations: a) is appointed or elected in a function of public dignitaries, during that period;
  

b) is covered by a Cabinet official;
  

c) is designated by the authority or public institution to undertake work in the embassies of Romania times within international bodies or institutions, for that period;
  

d) trade union activity for which suspension is provided for in law;
  

e) performs military service, alternative military service, is focused or mobilized;
  

f) is arrested;
  

g) performs medical treatment abroad, if the public servant is not in sick leave for temporary incapacity for work, and for the accompanying spouse or, where appropriate, to a relative's wife times up to and including grade I, according to the law;
  

h) shall leave for temporary incapacity for work, in accordance with the law;
  

I) quarantine, according to the law;
  

j) maternity leave, in accordance with the law;
  

k) is gone, and the disappearance has been established by a final court decision;
  

l) force majeure;
  

m) in other cases expressly provided by law.
  

(2) within 5 calendar days from the date of termination of the reason for the suspension of the law, the public servant is obliged to inform in writing the authority or public institution leader about this fact.
  

(3) the authority or public institution Leader has an obligation to provide, within 5 days, the conditions necessary for the resumption of activity by the public servant.
  

Art. 88. — (1) the ratio of the public functionary suspended in the following circumstances: a) parental leave aged 2 years or, in the case of children with disabilities, up to the age of 3 years, in accordance with the law;
  

b) leave to care for sick child aged up to 7 years or, in the case of a disabled child for intercurrent diseases, up to the age of 18 years;
  

c) icebreakers in the framework of international bodies or institutions, in situations other than those referred to in article 1. 87 para. (1) (a). c);
  

d) for participation in the electoral campaign;
  

e) for participating in the strike, according to the law.
  

(2) the ratio of service may be discontinued at the reasoned request of a public functionary.
  

(3) the request to suspend the service report is made in writing with at least 15 calendar days before the date when the suspension is requested.
  

(4) Suspension of service is found in the cases referred to in paragraph 1. (1) (a). b) and in article 8. 87 para. (1) (a). (c)), as well as in other cases stipulated by special laws, shall be approved in the case referred to in paragraph 1. (2) by administrative body or authority of the ruler.
  

(5) the provisions of article 4. 87 para. (2) shall apply accordingly to the cases referred to in paragraph 1. (1) and (2).
  

Art. 89. — (1) the Ordinance ordering through administrative action of public authority or institution.

(2) an administrative Act by which it is established, shall approve the suspension of the service, as well as the one ordering the resumption of activity by the public officer shall communicate to the national agency of civil servants, within 10 working days from the date of issue.
  

(3) the period of suspension of service authorities and public institutions are under obligation to reserve the corresponding public service station. Its occupation is done over a determined period, by a public official in the body. Where in the body of the book there are civil servants who meet specific requirements, the post can be occupied on the basis of an individual contract of employment for a period equal to the period of suspension of service.
  

Section 3 Termination of service Art. 90.-(1) termination of service of civil servants takes place under the following conditions: (a));
  

(b) the consent of the parties, through) recorded in writing;
  

Liberation) public function;
  

d) dismissal from public office through;
  

e) by resignation.
  

(2) the report of the service is terminated by operation of law: a) at the time of the death of public functionary;
  

b) irrevocable judgement whether the Declaration of public functionary;
  

c) if public servant no longer satisfies one of the conditions laid down in article 21. 49 lit. a), d) and (f));
  

d) notification of the decision of retirement for old age disability public functionary times;
  

e) as a result of the finding of absolute nullity of the administrative act of appointment in public office, after the date on which a declaration of invalidity has been established by final court decision;
  

f) when a public official has been convicted by a final judgment for a deed as referred to in art. 49 lit. h) or by which it was willing to apply a sanction involving deprivation of liberty, from the date of final judgment of whether the conviction;
  

g) as a result of the ban on the exercise of the profession or function, as far as safe or as additional punishment, from the date of final judgement of whether that ordered the ban;
  

h) following the expiry of that has been exercised, temporary, public function.
  

(3) the finding of the case law of the termination of service is done within 5 working days of intervening through administrative action of public authority or institution. Administrative act by which it was established for termination of an intervening law of service shall communicate the national agency of civil servants, within 10 working days following delivery of his.
  

(4) the authority or public institution Leader will order the release of the public function through administrative action, which shall communicate the public functionary within 5 working days of issuance, for reasons not attributable to the public functionary in the following cases: a) the authority or public institution has ceased or moved to another location, and the public servant is not willing to follow;
  

(b) the authority or public institution) reduces its staff as a result of the reorganization of the business by reducing the station's busy public servant;
  

c) as a result of the admission application for reintegration in the occupied by the public officer of a public official issued or wrongful dismissal times for unfounded reasons, from the date of final judgment whether the reintegration;
  

d) for professional incompetence if obtaining the word "unsatisfactory" in assessing the performance of individual professional;
  

It's no longer a public servant) meets the condition laid down in article 21. 49 lit. g);
  

f) health or physical/mental disabilities and the public functionary, established by decision of the competent organs, medical expertise, no longer allow him to perform duties corresponding to the public function.
  

(5) Dismissal from public office by the administrative act of the public authority or institution, which shall be communicated to the public officer within five working days of the date of issue, for reasons attributable to the public functionary in the following cases: a disciplinary penalty), applied as for committing repeated some disciplinary or a disciplinary which had serious consequences;
  

b) if arose a legal reason of incompatibility, and public servant does not act for termination within a period of 10 calendar days from the date of intervention in the case of incompatibility.
  

(6) a public Servant may disclose to the termination of service by resignation notified in writing to the authority or institution of the driver. His resignation should not be motivated and take effect after thirty (30) calendar days from registration.
  

(7) for the purposes of its activity, reorganization of the provisions of this law lies in moving the public authority or institution to another locality or, in the case referred to in paragraph 1. (4) (a). b) in substantially modifying the powers of public authority or institution, as well as the organizational structure of the compartments. A reduction is justified if related tasks is changed more than 50% or if they are modified in the specific conditions of employment of the station in question.
  

(8) upon the termination of public service official report has the duty to teach the works and assets that have been entrusted to carry on job duties.
  


(9) upon the termination of public service official report retains the rights acquired in the context of his career, except that the ratio of service ceased for reasons attributable to him.
  

(10) civil servants shall receive entitlements from unemployment insurance budget, where reports of service they have come to an end under the conditions referred to in paragraph 1: (a)). (2) (a). c), except where the public servant no longer satisfies the condition laid down in article 21. 49 lit. a);
  

b) para. (2) (a). e) and (h));
  

c) para. (4). 91. — (1) the authority or public institution shall be bound to grant civil servants a notice of 30 calendar days, in the case of issue from public office for the situations described in article 2. 90 para. 4. (2) The period of notice to public body or authority leader may make the cause of reducing working hours up to 4 hours per day, without affecting the rights of salary due.
  

Art. 92. — (1) civil servants may be freed from public office in the circumstances referred to in article 1. 90 para. (4) (a). b), c) and (e)), where there are no public offices under the authority of the appropriate holidays or public institution.

(2) in the cases referred to in article 1. 90 para. (4) (a). the-c)) and e) authority or public institution is obliged to request the national agency of civil servants during the period of notice, the list of public functions.
  

(3) where there is a public holiday, identified in the period of notice, the public servant will be transferred in the interests of the service or upon request.
  

Art. 93. (1) the redistribution of public servants shall be made by the national agency of civil servants, as follows: a) authorities or public institutions from the same commune or a village located at a distance of up to 50 km from the Township of home;
  

b) authorities or public institutions from another county or within a distance of more than 50 km from the place of residence, at the request of public functionary.
  

(2) the redistribution of public servants shall be on the public equivalent public office held.
  

(3) the redistribution can be done in a public office was vacant, with lower written consent of public functionary.
  

(4) the national agency of civil servants will ensure redistribution of public functions on a temporary basis, as a result of the suspension of the holder for a period of at least one month, the civil servants Corps reserve that meet specific conditions for the tool in question. Where there are several civil servants who meet specific conditions for the tool in question, the civil servants Agency organizes, in collaboration with the authority or public institution within which lies the vacant, a professional test for selecting public functionary to be redistributed.
  

(5) the redistribution of public servants from the body of the book is available by order of the President of the national agency of civil servants.
  

(6) the managers of public authorities and institutions have a duty to appoint public officers distribute permanently or temporarily.
  

(7) where the heads of public authorities and institutions refuse employment of public servants under the conditions of paragraph 1. (6) the clerk may apply to public administrative court.
  

Art. 94. (1) the body of the book is made up of public servants who have been freed from the article. 90 para. (4) (a). the-c)) and e) and is managed by the national agency of civil servants.

(2) civil servants leaving the body and lose the quality of civil servants in the following circumstances: a) after expiry of two years from the date of the changeover in the body of the book;
  

b) where the national agency of civil servants it redistributes in public office vacant and completed studies corresponding training, and a public servant refuses;
  

c) hiring on the basis of a contract of employment for a period of more than 12 months;
  

d) at the request of public functionary.
  

Art. 94 ^ 1. -(1) where the ratio of service ceased for reasons that public servant he considered netemeinice or unlawful, it may appeal to the Court of administrative cancellation of administrative act by which it was established or willing service, the termination report within 30 calendar days of receipt, and payment by the issuing authority or public institution of administrative compensation act equal wages indexed Plus and recalculated, and other rights that they would have benefited the public servant.

(2) at the request of the public officer, the Court found the nullity of the administrative act shall order its reintegration into public office held. "
  

49. Articles 95, 96 and 97 shall be repealed.
50. Article 98 shall read as follows: Art. 98.-public functions shall be determined for each authority and public institution, in part, by its ruler or decision made by the County Council or, where appropriate, to the local Council, on the basis of activities under article 4. 2 (2). (1) and (3) and with the opinion of the national agency of public servants. "
51. Articles 100 and 101 are hereby repealed.
52. Article 103 shall read as follows: Art. 103.-the provisions of this law shall be supplemented by the provisions of the labour legislation and common law regulations of civil, administrative or criminal proceedings, as appropriate, in so far as they do not contravene the laws specific to the public service. "
53. Paragraph 1 of article 104 shall be repealed.
54. The annex to law No. 188/1999, as amended and supplemented, is replaced by the annex to this title.


Article XIV (1) rules of organization and functioning of the national agency of civil servants shall be approved by decision of the Government on the proposal of the Ministry of regional development and public administration, within 30 days after the entry into force of this law.
  

(2) within 60 days of the approval of the regulation on the organisation and functioning of the national agency of civil servants, public authorities and institutions shall transmit the personal data of its civil servants, and public functions.
  


Article XV (1) within 90 days after the date of entry into force of this law, public authorities and institutions. 5 para. (1) of law No. 188/1999, as amended and supplemented, are required to harmonize the statutes with the provisions of this title, with the consultation and opinion of the national agency of civil servants.
  

(2) Repealed.
  

— — — — — — — — — — —-. (2) of article 9. XV has been repealed by article 16. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. XV has been repealed by article 16. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.


Article XVI (1) public authorities and institutions from Central and local public administration are required: a) to request the opinion of the national agency of civil servants for the establishment of public functions, until 1 June 2003;
  

(b)) to make the appropriate changes in the organizational structure and the personnel functions, setting the maximum number of public offices, in compliance with the provisions of this law shall, not later than 1 July 2003;
  

c) do get public servants, in accordance with the provisions of this law shall, not later than 15 July 2003.
  

(2) the organizational structure of public authorities and institutions shall comply with the following requirements: (a) the establishment of a Bureau) for a number of not less than 5 posts;
  

(b) the establishment of a service) for a number of minimum 7 posts;
  

(c) establishment of a) for directions is required a number of at least 15 posts;
  

(d) establishment of a) for general directions requires a minimum number of 25 posts.
  

(3) within the framework of public authorities and institutions from central public administration public functions from the class number is not less than 70% of the total number of public functions.
  

(4) Repealed.
  

— — — — — — — — — — —-. (4) article. The 16TH was repealed by article. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.

(5) Repealed.
  

— — — — — — — — — — —-. (5) article. The 16TH was repealed by article. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.

(6) Repealed.
  

— — — — — — — — — — —-. (6) article. The 16TH was repealed by article. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.


Article XVII (1) public servants appointed in public functions provided for by law No. 188/1999, as amended and supplemented, will be appointed in the public functions) set out in the annex to this title, if carried out one of the activities referred to in article 1. 2 (2). (3) and referred to in article satisfies the conditions. 49 of law No. 188/1999, as amended and supplemented, to the extent of public functions established under art. 16TH;
  

b) freed from public functions, if they do not meet the conditions referred to in points. the reflow conditions). They will be employed with individual contract of employment, in accordance with the law.
  


(2) appropriate public officials return to the category of senior public servants and public servants driving category within each authority or public institutions is done as follows: a) to the extent of public functions provided for according to the organizational structure;
  

(b) respecting the minimum conditions) the specialty and studies necessary public tenure provided for in law No. 188/1999, as amended and supplemented.
  

(3) civil servants in public offices experienced CCI in accordance with para. (2) maintains public functions held, if no later than 31 December 2008 have completed specialized training programmes and improvement in public administration, organized by the National Institute of administration, or a form of postgraduate education, with at least one year, in the country or abroad, or have acquired the title of doctor of scientific specialty tool in question.
  

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Alin. (3) art. XVII was amended by article in EMERGENCY ORDINANCE No. 31 of 19 April 2006, published in MONITORUL OFICIAL nr. 357 of 20 April 2006.

(4) civil servants who do not meet the conditions laid down in paragraph 1. (2) can be completed, according to the experienced CCI studies, public officials, if they fulfil the conditions laid down in this law.
  

(5) civil servants leave the public functions they are entitled to unemployment insurance budget, in accordance with the law.
  


Article XVIII for 2003 civil servants retain salary rights established under Government Emergency Ordinance nr. 192/2002 regulating the rights of civil servants ' wage of nature, published in the Official Gazette of Romania, part I, no. 949 of 24 December 2002.


Article XIX public servants who have completed postgraduate education molds in the specialty of public administration or who, on the date of entry into force of this title, is one of the forms mentioned education are equated these studies with training programs in public administration, organized by the National Institute of administration.


Repealed Article XX.
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Art. XX was repealed by article. XIV of the Act. 251 of 23 June 2006, published in MONITORUL OFICIAL nr. 574 of 4 July 2006.


Article XXI as prefect and subprefect can be called persons who fulfil the conditions laid down in this title for appointment as a senior public servant, since 2006, by way of executive orders, the decision of the Government. Until that time the functions of prefect and subprefect applies legal regime provided for by the law on local public administration no. 215/2001, as amended and supplemented.


Article XXII of the public authorities and institutions have an obligation to communicate to the national agency of civil servants, until august 15, 2003, the data contained in the files of civil servants, as well as data relating to public functions.


The proposal article XXIII of the national agency of civil servants, Government decision, approved the rules relating to: (a)) Organization and development of career civil servants, within 60 days after the date of entry into force of the present law;
  

b) rules on the organisation and functioning of boards of discipline and parity committees, within 60 days after the date of entry into force of this law.
  


Article XXIV of the discipline Committees and parity committees organized under the law. 188/1999, as amended and supplemented, it is considered legally constituted by the date of entry into force of the decision of the Government concerning the Organization and functioning of boards of discipline and parity committees. The provisions of governmental decision nr. 1.084/2001 approving the methodology for assessing the performance of individual civil servants, as well as appeals of descriptions provided of the governmental decision nr. 1.085/2001 on the Organization of internship period, the assessment conditions and specific rules applicable to civil servants and school teachers of the governmental decision nr. 1.087/2001 on the Organization of competitions and examinations for occupying public functions shall apply accordingly.


Article XXV dowm. 22, art. 29 para. (1), art. 49 ^ 1, art. 52-57, art. 74 ^ 1, and of article 12. 83 para. (4), concerning the granting of the allowance of detachment, of law No. 188/1999, as amended and supplemented, shall apply with effect from 1 January 2004.


Article Act No. XXVI. 188/1999, as amended and supplemented, including those made by this title shall be in the Official Gazette of Romania, part I, posing a new texts.


-Annex-title III-------------the list of public functions i. general public Functions: 1. Government's Secretary general and Deputy Secretary general of the Government;
2. State Councillor;
3. the Secretary general and Deputy Secretary general from ministries and other specialized bodies of central public administration;
4. the prefect;
5. the subprefect;
6. the Secretary general of the Prefecture, Secretary-General of the County and the municipality of Bucharest;
7. the director-general within the ministries and other specialized bodies of central public administration;
8. the Deputy director general, director and Deputy director from the ministries and other specialized bodies of central public administration;
9. the Secretary of the municipality of Bucharest, sector of the city and of the commune;
10. the executive director and Deputy Executive director public services decentralized of ministries and other specialized bodies of central public administration, as well as within the apparatus of the local public administration authorities;
11. Chief;
12. Head Office;
13. an expert counselor, inspector, auditor, legal advisor;
14. the reviewer;
15. the reviewer.
Note: the general public Functions, other than those referred to in point. I shall be determined with the advice of the national agency of civil servants.
II. specific public Functions: 1. Chief Architect;
2. inspector;
3. customs inspector;
4. inspector;
5. controller delegate;
6. Commissioner.
NOTE: specific public functions, other than those referred to in point (II), may be established by the authorities and public institutions, with the opinion of the national agency of civil servants.

This law was adopted pursuant to the provisions of art. 113 of the Constitution of Romania, as a result of the commitment of the Government toward liability, the Chamber of Deputies and the Senate, in joint sitting of 31 March 2003.

PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER SENATE CHAIRMAN NICOLAE VĂCĂROIU Bucharest, April 19, 2003.
No. 161.
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