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Law No. 161 Of 19 April 2003

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

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LEGE no. 161 161 of 19 April 2003 (* updated *) on certain measures to ensure transparency in the exercise of public dignity, public functions and in the business environment, prevention and sanctioning of corruption ((updated on 1 January 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Book I General regulations to prevent and combat corruption + Title I Transparency of information on outstanding budgetary obligations + Article 1 Repealed. ---------- Article 1 was repealed by the letter. e) a art. 354 of LAW no. 207 207 of 20 July 2015 , published in MONITORUL OFFICIAL no. 547 547 of 23 July 2015. + Article 2 Repealed. ---------- Article 2 was repealed by the letter. e) a art. 354 of LAW no. 207 207 of 20 July 2015 , published in MONITORUL OFFICIAL no. 547 547 of 23 July 2015. + Article 3 Repealed. ---------- Article 3 was repealed by the letter. e) a art. 354 of LAW no. 207 207 of 20 July 2015 , published in MONITORUL OFFICIAL no. 547 547 of 23 July 2015. + Article 4 Repealed. ---------- Article 4 was repealed by the letter. e) a art. 354 of LAW no. 207 207 of 20 July 2015 , published in MONITORUL OFFICIAL no. 547 547 of 23 July 2015. + Article 5 Repealed. ---------- Article 5 was repealed by the letter. e) a art. 354 of LAW no. 207 207 of 20 July 2015 , published in MONITORUL OFFICIAL no. 547 547 of 23 July 2015. + Title II Transparency in the administration of public information and services by electronic means + Chapter I General provisions + Article 6 ((1) This Title sets out the objectives, principles, terms and conditions of use of the electronic access procedure to public information and services and their provision, as well as the general rules of insurance, by means of electronic, transparency of public information and services as an integral part of the public administration reform. (2) Public administration authorities shall provide public information and services by electronic means concurrently with traditional procedures. + Article 7 The objectives of this Title are: a) reducing public spending, combating bureaucracy and corruption at the level of public institutions; b) increasing the transparency of the use and administration of public funds; c) improving access to public information and services in accordance with the legislation on the protection of personal data and free access to information of public interest; d) the removal of direct contact between the counter official and the citizen or the economic agent; e) provision of quality information and public services through electronic means; f) strengthening the administrative capacity of public institutions to fulfil their role and objectives and to ensure the provision, in a transparent manner, of public information and services; g) promotion of collaboration between public institutions for the provision of public services by electronic means; h) redefining the relationship between the citizen and the public administration, respectively between the business environment and the public administration, in order to facilitate their access to public services and information, through information technology; i) to promote the use of Internet and cutting-edge technologies in public institutions. + Article 8 (1) The principles underlying the provision of public information and services by electronic means are: a) transparency in the provision of public information and services; b) equal, non-discriminatory access to public information and services, including for persons with disabilities; c) the efficiency of using public funds d) confidentiality, namely to guarantee the protection of the secrecy of personal data; e) ensuring the availability of information and public services. (2) The authorities of the public administration shall ensure compliance with the principles provided in par. (1) in relation to natural or legal persons interested in using the electronic procedure for access to public information and services, as well as for the exchange of information. + Article 9 (1) The National Electronic System as a computer system of public utility shall be established by this title, in order to ensure access to public information and to provide public services to individuals and legal entities. (2) The National Electronic System Operators are: a) the General Inspectorate for Communications and Information Technology subordinated to the Ministry for Information Society, for the "e-government"; b) Ministry of Regional Development and Public Administration, for the "e-administration system"; c) the authority established by the Supreme Council of Defense of the Country, under the conditions approved by it, for the National Defense and Safety System. (3) The operators will take the necessary measures to develop the National Electronic System and will ensure the actions to promote it. ((4) Operators will use security standards and procedures to ensure a high degree of reliability and safety of operations carried out within the National Electronic System, in accordance with international practices in the field. + Article 10 Other natural or legal persons, such as banks, public notaries, experts, under the law, may participate in the National Electronic System. + Article 11 For the purposes of this Title, the following terms shall be defined a) electronic governance is the use by central public administration authorities of information technology-based applications in order to: 1. improving access to public information and services of central public administration authorities; 2. the elimination of bureaucratic procedures and the simplification of working methodologies; 3. to improve the exchange of information and services between central public administration authorities; 4. improving the quality of public services at central public administration level; b) electronic administration is the use by local public administration authorities of applications based on information technology, in order to: 1. improving the access and provision of public information and services of local public administration authorities to citizens; 2. the elimination of bureaucratic procedures and the simplification of working methodologies; 3. improve the exchange of information between the components of local public administration authorities 4. improving the effectiveness, efficiency and quality of public services at the level of local public administration authorities c) the portal for access to electronic governance services and administrative forms in electronic format of the central public administration is the public utility computer system, accessible via the Internet at www.e-guvernare.ro, hereinafter referred to as 'e-government'; d) the portal for access to electronic administration services and administrative forms in electronic format of the local public administration is the public utility computer system, accessible by Internet at the address www.e-administratie.ro www.e-administratie.ro, hereinafter referred to as 'e-Management System'; e) The National Electronic System is the unitary ensemble made up of the "e-government" and the "e-administration system", accessible via the Internet at www.e-guvernare.ro; f) the electronic procedure is the way in which a natural or legal person benefits from the technical facilities offered by the National Electronic System; g) the unidirectional interaction is the electronic procedure whereby the recipients of public information and the beneficiaries of public services have access to administrative forms, which they can view, complete and print in order to submit or their transmission to public administration authorities by means of traditional means; h) two-way interaction is the electronic procedure whereby the recipients of public information and beneficiaries of public services have access to administrative forms, which they can view, complete and send to the authorities public administration by electronic means; i) interoperability is the ability of computer systems, program products, applications or services accessible through the National Electronic System to communicate and exchange information in an effective and compatible way. + Article 12 (1) The basic public services to be provided through electronic means are: a) declaration, notification and payment by means of electronic means on taxes due by natural and legal persons to the state budget, state social insurance budget, insurance budget for unemployment, the budget of the Single National Fund for Health Insurance and local budgets; b) job search services through employment agencies, such as: records of jobs, records of unemployed persons, completion of applications for job finding, notification of places of employment, etc. work available; c) services on obtaining permits or certificates, such as: completing applications for obtaining urban planning certificates, obtaining building permits or abolishing, completing and electronically transmitting documents necessary to issue authorisations and certificates, make payments by means of electronic means of payment, programming for the issuance of authorisations or certificates; d) services regarding the obtaining of operating licenses, such as: completion of applications for obtaining licenses, electronic completion and transmission of documents necessary for issuing licenses, making payments by means of means electronic payment, programming for the issue of licences; e) services on obtaining permits related to the environment, such as: completing applications for obtaining permits related to the environment, making payments through electronic means of payment; f) services related to public procurement by electronic means, including payment by electronic means of payment; g) services regarding the registration of a trader or the making of mentions in the commercial register, such as: transmission of the application for registration in the commercial register, electronic transmission of the status, of the company contract or other documents, reservation of the name, appointment in order to issue legal permits; h) services in connection with the computerized record of the person, such as: completion of applications for issuing passports, identity cards and driving licenses, notification of change of domicile or residence, electronic transmission of documents, making payments by means of electronic means of payment, scheduling in order to issue such documents, declaration of theft or loss of such documents, pursuit of complaint settlement, publication lists of lost documents; i) services in connection with the registration of motor vehicles, such as: notification of the purchase of a new vehicle, optional reservation of the registration number, completion of the necessary forms for registration, appointment in the purpose of registration and 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 means electronic payment; k) services regarding access to public libraries, such as: consultation of catalogues, preparation of the national virtual catalogue, consultation of books or publications in electronic format; l) enrolment in different forms of education, especially high school and higher education: completion and electronic transmission of applications for registration and documents; m) services regarding the collection of statistical data by the National Institute of Statistics, in particular: notifications regarding the start of statistical surveys, questionnaires in electronic format, verification of correlations in real time and notification in case of errors, aggregation, processing and publication of data; n) services regarding the registration of an association or foundation, such as: the request for reservation of the name, the consultation of the National Register of legal entities without patrimonial purpose, the payment by means of electronic means of payment; o) services on customs declarations, such as: preparation and transmission of customs declarations, making payments for customs duties and commissions by electronic means of payment; p) services regarding the consultation and issuance of its own fiscal record; q) consultation services of the Official Monitor of Romania. (2) By decision of the Government can be introduced into the National Electronic System and services other than those provided in par. ((1). + Article 13 Quarterly, the operators of the National Electronic System, together with the public administration authorities, develop reports on the use of public services provided by electronic means in relation to the share of all services public provided and submit them to the Romanian Government + Chapter II Electronic procedure + Article 14 Public administration authorities have the obligation to apply the electronic procedure provided for in this chapter for the provision of public information and services by electronic means to natural or legal persons. + Article 15 Provision of public services provided in art. 12, through the National Electronic System, is carried out gradually, in the following stages: a) publication by means of electronic means of information of public interest; b) Unidirectional interaction; c) two-way interaction; d) making payments by electronic means of payment. + Article 16 The development and operation of the National Electronic System shall be in accordance with the following criteria a) the provision of public services and information through the electronic procedure is made by category of users, natural or legal persons, in an integrated way, on the basis of functionalities, and not on the basis of the competence of an institution public; b) ensuring the accessibility of public services and information relevant to natural or legal persons by means of a single point: the National Electronic System; c) access to public services and information will be integrated at central, county or local level through the information and public services provided by electronic procedure; d) access to information held by several public institutions will be made so as to ensure the protection of personal data, according to the legislation in force. + Article 17 The Ministry for Information Society and the Ministry of Regional Development and Public Administration establish procedures and rules, including those related to security, to ensure the necessary degree of confidentiality and safety in use, in the purpose of the electronic procedure. + Article 18 (1) All documents submitted within the electronic procedure must be presented in electronic form and signed electronically, under the conditions established by the operators of the National Electronic System. ((. Any document in electronic form must be recorded at the time of transmission and receipt, in accordance with the procedure established by the operators of the National Electronic System. ((3) Any document in electronic form must be confirmed upon receipt, except for documents confirming receipt. (4) The format of the electronic document, as well as the conditions of its generation, transmission and storage are established by the operators of the National Electronic System and approved by Government decision. + Article 19 (1) The Information Technology Promotion Group in Romania, established by Government Decision no. 271/2001 , approves the projects in the field of electronic governance, proposes to the Government to allocate the necessary funds through the annual budgets of the public administration authorities and supervise the implementation of public services account of: a) priorities established by sectoral strategies in the field; b) planning of funds and control of investments in information technology; c) information security; d) protection of personal data; e) accessibility, dissemination and preservation of public information; f) accessibility of information technology for persons with disabilities; g) other elements related to electronic governance. (2) The Information Technology Promotion Group in Romania also exercises the following tasks: a) proposes the allocation of resources necessary for the development and effective administration of electronic governance initiatives; b) recommends adaptations of the national strategy and priorities with regard to electronic governance; c) promote the use of innovation in the field of information technology by public administration authorities, initiatives involving cooperation between several public authorities, by supporting pilot projects, research projects and use of information technology d) monitor the implementation of information technology projects, through the Ministry for Information Society and the Ministry of Regional Development and Public Administration; e) coordinates, through the Ministry for Information Society, the programs implemented at the level of the central public administration, in order to provide electronic governance services, and will aim to streamline the use information technology by public institutions of the central public administration; f) coordinates, through the Ministry of Regional Development and Public Administration and the Ministry for Information Society, the programs implemented at the level of the local public administration, in order to provide electronic administration, and will aim to streamline the use of information technology by public institutions of the local public administration; g) coordinate the work of the Ministry for Information Society in establishing policies that will contribute to the adoption, at national level, of a set of standards and recommendations in the field of information technology on efficiency and the security of electronic governance systems; h) coordinates the activity of the Ministry for Information Society and the Ministry of Regional Development and Public Administration in establishing policies that will contribute to the adaptation, at national level, of a set of standards and recommendations in the field of information technology on the interconnectivity and interoperability of electronic governance systems and related databases. + Article 20 ((1) In order to cover the operating costs and use of the National Electronic System, each legal person using the electronic procedure for obtaining services must pay, as the case may be, to the operators of the Electronic System National an annual usage rate. (2) The amount of the usage tariff and the categories of users exempted from its payment shall be determined by Government decision. (3) The obligation to pay the use tariff provided in par. (1) is born upon registration in the system. (4) Individuals and public institutions do not owe usage tariffs. (5) The tariff provided in par. (1) is constituted income to the budget of National Electronic System operators. + Article 21 The Ministry of Regional Development and Public Administration and the Ministry for Information Society will develop strategies for the development of the National Electronic System, in accordance with the priorities and directions established by the Promotion Group of Information Technology in Romania. + Article 22 Every year, until March 31, the Ministry for Information Society, the Ministry of Regional Development and Public Administration and the Ministry of Public Information *) will submit to the Government, with the opinion of the Technology Promotion Group Information in Romania, a report on the state of the provision of public services and information through the electronic procedure. + Chapter III Conditions for participation in the electronic procedure + Article 23 Any natural or legal person has the right to access through the electronic procedure, under the conditions Law no. 544/2001 and of this Title, public information and services. + Article 24 ((1) Participation in the electronic procedure can be done only after registration in the National Electronic System. (2) The conditions and procedure of registration shall be determined by Government decision. (3) Any natural or legal person in Romania has the right to apply for registration in the National Electronic System. (4) All public administration authorities have the obligation to register and use the National Electronic System. + Chapter IV Implementation of National Electronic System + Article 25 (1) Government Decision establishes the public administration authorities that have the obligation to apply the provisions of this title, as well as the administrative forms and public services, respectively the deadlines from which they will participate in the electronic procedure. (2) The registration in the National Electronic System of public administration authorities interested in participating in the electronic procedure is carried out gradually, with the opinion of the operators of this system, by Government decision + Article 26 Within 60 days of registration in the National Electronic System, each authority of the public administration will transmit to the Ministry for Information Society and the Ministry of Regional Development and Public Administration the forms typified administrative that is used in relations with individuals and legal entities, which will be available through the National Electronic System. + Article 27 (1) Within 6 months from registration in the National Electronic System, each authority of the public administration has the obligation to use administrative forms in electronic format through the National Electronic System, established under art. 25. (2) Within 12 months from registration in the National Electronic System, public institutions of the central public administration have the obligation to implement and use, gradually, public services provided through the Electronic System National, established according to art. 25, in accordance with the existing IT systems. (3) Within 24 months from registration in the National Electronic System, public institutions of the local public administration have the obligation to implement and use, gradually, public services provided through the Electronic System National, established according to art. 25, in line with existing IT resources and systems. + Article 28 (1) Within 60 days from the entry into force of this title, all public administration authorities shall transmit to the Ministry of Regional Development and Public Administration, Ministry for Information Society and Ministry Public Information *) data on the existence of an own website, through which public information and public services are offered through electronic means. (2) Within 60 days from the entry into force of this title, all public administration authorities shall transmit to the Ministry of Regional Development and Public Administration, Ministry for Information Society and Ministry Public Information *) data on existing IT systems and public services offered through them, as well as in the categories of users to whom they are addressed. + Article 29 Within 6 months from registration in the National Electronic System, each authority of the public administration, established according to art. 25, has the obligation to create a website of its own. + Article 30 The implementation of the Internet pages of public administration authorities is done in view of the following performance criteria: a) speed of retrieval of information; b) accessibility and availability of public information and services; c) the relevant information d) structuring of information; e) the existence of measures for the protection of personal data; f) the existence of security measures to protect information. + Chapter V Final provisions + Article 31 The Ministry of Regional Development and Public Administration and the Ministry for Information Society may adopt, where required, mandatory rules for the use of the National Electronic System, depending on the degree of development of the the technology and the necessary security requirements. + Article 32 (1) The Ministry of Regional Development and Public Administration will establish, until January 31, 2004, by Government Decision, the National Informatic Center of the Ministry of Regional Development and Public Administration, which will maintain, develop and promote the "e-administration system". (2) As of February 1, 2004, the operator of the "e-administration" is the National Informatic Center of the Integrated Data Basics of the Ministry of Regional Development and Public Administration. + Article 33 The provisions of this title shall enter into force 30 days from the date of publication of the law in the Official Gazette of Romania, Part I. + Title III Preventing and combating cybercrime + Chapter I General provisions + Article 34 This title regulates the prevention and control of cybercrime, through specific measures to prevent, discover and sanction crimes committed through computer systems, ensuring respect for human rights. man and personal data protection. + Article 35 (. In this Title, the following terms and expressions shall read as follows: a) by computer system means any device or assembly of devices interconnected or in functional relationship, one or more of which ensures automatic data processing, with the help of a computer program; b) automatic data processing means the process by which data from a computer system is processed through a computer program; c) computer program means a set of instructions that can be executed by a computer system in order to obtain a determined result; d) by computer data means any representation of facts, information or concepts in a form that can be processed through a computer system. This category includes any computer program that can determine the performance of a function by a computer system; e) through the service provider it is understood: 1. any natural or legal person who gives users the opportunity to communicate via computer systems; 2. any other natural or legal person who processes or stores computer data for the persons referred to in item 1 and for users of the services provided by them; f) data relating to information traffic means any computer data relating to a communication made by a computer system and produced by it, which is part of the communication chain, indicating the origin, destination, the route, time, date, size, volume and duration of the communication, and the type of service used for communication; g) user data means any information that may lead to the identification of a user, including the type of communication and the service used, the postal address, the geographical address, telephone numbers or other access numbers and the method of payment of that service and any other data that may lead to the identification of the user; h) security measures mean the use of specialized computer procedures, devices or software with which access to a computer system is restricted or prohibited for certain categories of users; i) through child pornography material means any material that presents a minor having an explicit sexual behavior or a major person who is presented as a minor having sexually explicit behavior or images that, although not presents a real person, simulates, credibly, a minor having an explicit sexual behavior. (. For the purposes of this Title, it shall act without the person who is in one of the following situations: a) is not authorized, under the law or a contract; b) exceeds the limits of authorization; c) has no permission, from the competent natural or legal person, according to the law, to grant it, to use, administer or control a computer system or to conduct scientific research or to carry out any other operation in a computer system. + Chapter II Preventing cybercrime + Article 36 To ensure the security of computer 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 carry out joint activities and programmes to prevent cybercrime. + Article 37 Public authorities and institutions with competence in the field, in cooperation with service providers, non-governmental organisations and other civil society representatives shall promote policies, practices, measures, procedures and minimum standards of security of computer systems. + Article 38 Public authorities and institutions with competence in the field, in cooperation with service providers, non-governmental organisations and other representatives of civil society organise information campaigns on cybercrime and the risks to which users of computer systems are exposed. + Article 39 (1) The Ministry of Justice, the Ministry of Internal Affairs, the Ministry for Information Society, the Romanian Intelligence Service and the Foreign Intelligence Service constitute and continuously update databases on cybercrime. (2) The National Institute of Criminology under the Ministry of Justice carries out periodic studies in order to identify the causes that determine and conditions that favor cybercrime. + Article 40 The Ministry of Justice, the Ministry of Internal Affairs, the Ministry for Information Society, the Romanian Intelligence Service and the Foreign Intelligence Service carry out special programs to prepare and refine the personnel preventing and combating cybercrime. + Article 41 Owners or administrators of computer systems to which access is prohibited or restricted for certain categories of users are required to warn users of the legal conditions of access and use as well as with look at the legal consequences of access without right to these IT systems. The warning must be accessible to any user. + Chapter III Offences and contraventions + Section 1 Repealed ---------- Section 1 of Cap. III, Title III was repealed by section III. 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 42 Repealed. ---------- Article 42 has been repealed by point (a) 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 43 Repealed. ---------- Article 43 was repealed by point (a). 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 44 Repealed. ---------- Article 44 was repealed by point (a). 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 45 Repealed. ---------- Article 45 was repealed by point (a). 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 46 Repealed. ---------- Article 46 was repealed by point (a). 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 47 Repealed. ---------- Article 47 was repealed by point (a). 1 1 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 2 Repealed ---------- Section 2 of Cap. III, Title III was repealed by section III. 2 2 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 48 Repealed. ---------- Article 48 has been repealed by point (a). 2 2 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 49 Repealed. ---------- Article 49 has been repealed by point 2 2 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 50 Repealed. ---------- Article 50 was repealed by point (a). 2 2 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 3 Repealed ---------- Section 3 of Cap. III, Title III was repealed by section III. 3 3 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 51 Repealed. ---------- Article 51 has been repealed by point (a) 3 3 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 4 Contraventions + Article 52 Non-compliance with the obligation provided 41 constitutes contravention and is sanctioned with a fine of 5,000,000 lei to 50,000,000 lei. + Article 53 (1) The finding of the contravention provided in art. 52 and the application of the sanction shall be made by the staff empowered for this purpose by the Minister for the Information Society, as well as by the specially empowered staff of the Ministry of Internal Affairs. ((2) Contraventions provided for in art. 52 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Chapter IV Procedural provisions + Article 54 Repealed. ---------- Article 54 was repealed by art. 62 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 55 Repealed. ---------- Article 55 was repealed by art. 62 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 56 Repealed. ---------- Article 56 was repealed by art. 62 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 57 Repealed. ---------- Article 57 was repealed by art. 62 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 58 Repealed. ---------- Article 58 was repealed by art. 62 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 59 Repealed. ---------- Article 59 has been repealed by point (a) 4 4 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter V International cooperation + Article 60 (1) The Romanian judicial authorities shall cooperate directly, under the law and in compliance with the obligations arising from the international legal instruments to which Romania is a party, with the institutions having similar duties from other states, such as and with international organizations specialized in the field. ((2) The cooperation, which is organized and carried out according to par. ((1), may have as its object, as the case may be, international judicial assistance in criminal matters, extradition, identification, blocking, seizure and confiscation of the products and instruments of the crime, conduct of joint investigations, exchange of information, technical or other assistance for the collection and analysis of information, training of specialist staff and other such activities. + Article 61 (1) At the request of the Romanian competent authorities or other states, joint investigations may be carried out on the territory of Romania, in order to prevent and combat cybercrime. (2) The common surveys referred to in par. ((1) shall be carried out under 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, in compliance with their laws. + Article 62 (1) In order to ensure immediate and permanent international cooperation in the field of combating cybercrime, it is established, within the Section for Combating Organized Crime and Drug Enforcement in the Prosecutor's Office of the Supreme Court of Justice, the Cybercrime Service, as a permanent contact point. (2) The Cybercrime Service shall have the following tasks: a) provide specialized assistance and provide data on the Romanian legislation in the field of similar contact points in other states; b) order the immediate preservation of the data, as well as the erection of objects containing computer data or data relating to information traffic requested by a competent foreign authority; c) execute or facilitate the execution, according to the law, of the rogatory commissions requested in cases regarding the fight against cybercrime, cooperating with all the competent Romanian authorities. + Article 63 (1) Within the framework of international cooperation, the competent foreign authorities may request the Cybercrime Service to immediately preserve computer data or data on information traffic, existing in a computer system on the territory of Romania, on which the foreign authority is to make an application for international judicial assistance in criminal matters. (2) The immediate conservation application referred to in par. (1) comprises the following: a) the authority requesting the conservation; b) a brief presentation of the facts covered by the criminal investigation and their legal classification; c) computer data that are required to be preserved; d) any information available, necessary for the identification of the computer data holder and the location of the computer system; e) the usefulness of computer data and the necessity of preserving f) the intention of the foreign authority to make an application for international judicial assistance in criminal matters. (3) The conservation application shall be executed according to art. 54 for a period which cannot be less than 60 days and is valid until a decision is taken by the competent Romanian authorities on the application for international judicial assistance in criminal matters. + Article 64 If in execution of the request made according to 63 63 para. (1) it is found that a service provider of another state is in possession of data relating to information traffic, the Cybercrime Service will immediately inform about this requesting foreign authority, communicating. at the same time the information necessary to identify the service provider + Article 65 (1) A competent foreign authority may have access to the Romanian public sources of public computer data, without the need to formulate a request in this regard to the Romanian authorities. (2) A competent foreign authority may have access or receive, through an existing IT system on its territory, computer data stored in Romania, if it has the approval of the authorized person, according to the law, to put them to provision by means of that computer system, without the need to formulate a request in this regard to the Romanian authorities. + Article 66 The competent Romanian authorities may submit, ex officio, to the competent foreign authorities, in compliance with the legal provisions on the protection of personal data, the information and data held, necessary for the committed through computer systems or for the resolution by the competent foreign authorities of the cases relating to these offences. + Article 67 Article 29 of Law no. 365/2002 on electronic commerce, published in the Official Gazette of Romania, Part I, no. 483 of 5 July 2002, shall be repealed. + Title IV Conflict of interest and the regime of incompatibilities in the exercise of public dignity and public functions + Chapter I Repealed. -------------- Head. I of Title IV was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 68 Repealed. -------------- Art. 68 was repealed by letter. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 69 Repealed. -------------- Article 69 was repealed by letter. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Chapter II Conflict of interest + Section 1 Definition and principles + Article 70 Conflict of interest means the situation in which the person exercising a public dignity or a public office has a personal interest of a patrimonial nature, which could influence the objectivity of his duties with objectivity according to the Constitution and other normative acts + Article 71 The principles underlying the prevention of conflict of interest in the exercise of public dignity and public functions are: impartiality, integrity, transparency of the decision and the supremacy of the public interest. + Section 2 Conflict of interest in the exercise of the position of member of the Government and other public offices of authority in central and local public administration + Article 72 (1) The person who exercises the position of member of the Government, secretary of state, undersecretary of state or functions assimilated to them, prefect or sub-prefect is obliged not to issue an administrative act or not to conclude a legal act or not to take or not to take participate in making a decision in the exercise of the public office of authority, which produces a material use for himself, for his spouse or his relatives of the first degree. (2) The obligations provided in par. (1) do not concern the issuance, approval or adoption of normative acts + Article 73 (1) Violation of the obligations provided in art. 72 72 para. (1) constitutes administrative misconduct, if it is not a more serious act, according to the law. (2) Administrative acts issued or legal acts concluded by violation of the obligations provided in art. 72 72 para. (1) are hit by absolute nullity. ((3) Abrogat. -------------- Alin. ((3) of art. 73 73 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. ((4) Abrogat. -------------- Alin. ((4) of art. 73 73 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. ((5) Abrogat. -------------- Alin. ((5) of art. 73 73 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. ((6) Abrogat. -------------- Alin. ((6) of art. 73 73 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. ((7) Abrogat. -------------- Alin. ((7) of art. 73 73 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 74 Repealed. -------------- Article 74 was repealed by the letter. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 75 The person who considers himself injured in a right or a legitimate interest as a result of the existence of a conflict of interest provided for in this section may appeal to the competent court, according to the law, depending on the nature of the act issued or concluded. + Section 3 Conflict of interest in local elected officials + Article 76 (1) The mayors and deputy mayors, the general mayor and the deputy mayors of Bucharest are obliged not to issue an administrative act or not to conclude a legal act or not to issue a provision, in the exercise of the office, which produces a material use for himself, for his spouse or his first-degree relatives. (2) The administrative acts issued or the legal acts concluded or the provisions issued in violation of the obligations provided in par. (1) are hit by absolute nullity. ((3) Abrogat. -------------- Alin. ((3) of art. 76 76 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. ((4) Abrogat. -------------- Alin. ((4) of art. 76 76 was repealed by lit. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 77 Conflicts of interest for presidents and vice-presidents of county councils or local and county councillors are provided in art. 47 of the Local Public Administration Law no. 215/2001 , with subsequent amendments and completions. + Article 78 The person who considers himself injured in a right or a legitimate interest as a result of the existence of a conflict of interest provided for in this section may appeal to the competent court, according to the law, depending on the nature of the act issued or concluded. + Section 4 Conflict of interest on civil servants + Article 79 (. The public servant shall be in conflict of interest if he is in one of the following situations: a) is called to solve requests, to make decisions or to participate in decision-making on individuals and legal entities with whom it has relations with patrimonial character; b) participate in the same commission, constituted according to the law, with civil servants who have the status of husband or relative of the first degree; c) its patrimonial interests, of its spouse or relatives of the first degree may influence the decisions it must take in the exercise of public office. (2) In the event of a conflict of interest, the civil servant shall be obliged to refrain from resolving the application, making the decision or taking part in a decision and immediately inform the hierarchical head to whom he is subordinate Direct. It is obliged to take the necessary measures for the exercise with impartiality of the public office, no later than 3 days from the date of the taking to the notice. (3) In the cases provided in par. (1), the head of the public authority or institution, at the proposal of the hierarchical head to whom the civil servant concerned is directly subordinated, shall designate another public official, who has the same training and level of experience. (4) Violation of provisions of paragraph (2) may attract, as appropriate, disciplinary, administrative, civil or criminal liability, according to the law. + Chapter III Incompatibilities + Section 1 General provisions + Article 80 *) The incompatibilities regarding public dignities and public functions are those governed by the Constitution, by the law applicable to the public authority or institution in which persons exercising a public dignity or a public office carry out the activity and the provisions of this Title. + Section 2 Incompatibilities on parliamentary quality + Article 81 *) (1) The quality of deputy or senator is incompatible with the exercise of any public office of authority, according to the Constitution, except for the member of the Government. (2) Through public functions of authority, incompatible with the status of deputy or senator, it is understood the functions of the public administration assimilated to the minister, the positions of secretary of state, undersecretary of state and the functions assimilated to those of state secretary and undersecretary of state within the specialized bodies subordinated to the Government or ministries, the functions of the Presidential Administration, the working apparatus of the Parliament and the Government, the specific leadership positions ministries, other public authorities and institutions, the functions of advisors local and county councillors, prefects and sub-prefects and other management positions in the prefectures ' own apparatus, positions of mayor, deputy mayor and secretary of administrative-territorial units, management and execution functions of decentralized public services of ministries and other bodies in administrative-territorial units and in the own apparatus and public services of county councils and local councils, as well as functions that, according to the law, do not allow people who hold them to run in elections. + Article 82 *) (1) The quality of deputy and senator is also incompatible with: a) the position of chairman, vice-president, general manager, director, administrator, board member or censor at companies, including banks or other credit institutions, insurance and financial corporations, as well as public institutions; b) the position of chairman or secretary of general meetings of shareholders or associates at the companies referred to in lett. a); c) the position of representative of the state in the general meetings of the companies provided in lett. a); d) the position of manager or member of the boards of autonomous regions, companies and national companies; e) the quality of the individual trader; f) membership of a group of economic interest; g) a public office entrusted by a foreign state, except for those functions provided for in the agreements and conventions to which Romania is a party; h) the position of President, Vice-President, Secretary and Treasurer of Trade Union Federations and Confederations. -------------- Lit. h) a par. ((1) art. 82 82 was introduced by the single article of LAW no. 134 134 of 5 July 2011 , published in MONITORUL OFFICIAL no. 481 481 of 7 July 2011. ((2) Abrogat. -------------- Alin. ((2) of art. 82 was repealed by par. ((2) art. 61, Cap. XII of LAW no. 96 96 of 21 April 2006 , published in MONITORUL OFFICIAL no. 380 380 of 3 May 2006. (3) Deputies and senators may exercise functions or activities in the field of teaching, scientific research and literary-artistic creation. + Article 82 ^ 1 *) (1) The deputy or senator who, during the term of office of the parliamentarian, wishes to exercise and the profession of lawyer cannot plead in the cases to be tried by the judges or tribunals, nor can he grant legal assistance to The prosecutor's offices near these courts. (2) The deputy or senator in the situation referred to in par. ((1) may not provide legal assistance to suspects or defendants, nor may it assist or represent them in courts in criminal cases concerning: a) corruption offences, crimes assimilated to corruption offences, as well as offences against the financial interests of the European Union, set out in Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions; b) the offences provided in Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, as amended and supplemented; c) crimes of trafficking and exploitation of vulnerable persons, provided in art. 209-217 of the Criminal Code; d) the crime of money laundering, provided in Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, republished; e) crimes against national security, provided in art. 394-410 and 412 of the Criminal Code, as well as those provided by Law no. 51/1991 on the national security of Romania; f) crimes against the achievement of justice, provided in art. 266-288 of the Criminal Code; g) crimes of genocide, against humanity and war, provided in art. 438-445 of the Criminal Code. ---------- Alin. ((2) of art. 82 ^ 1 has been amended by section 4.2 5 5 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (3) The deputy or senator in the situation referred to in par. ((1) may not plead in civil or commercial cases against the State, public authorities or institutions, national companies or national companies in which they are parties. He also cannot plead in lawsuits filed against the Romanian state, before the international courts. (4) The provisions of par. ((1)-(3) shall not apply in cases where the lawyer is a party in the process or grants assistance or representation to the spouse or relatives up to and including the fourth degree. -------------- Art. 82 ^ 1 was introduced by item 2 2 of the single article of LAW no. 280 280 of 23 June 2004 , published in MONITORUL OFFICIAL no. 574 574 of 29 June 2004, amending art. I of EMERGENCY ORDINANCE no. 77 77 of 4 September 2003 , published in MONITORUL OFFICIAL no. 640 640 of 9 September 2003. + Article 83 *) (1) The deputy or senator who on the date of entry into force of this title is in one of the incompatibilities provided by art. 81 and 82 will inform, within 15 days, the Permanent Bureau of the Chamber to which it belongs. ((2) Within 60 days from the expiry of the term provided in par. (1), the MP or senator will opt between the parliamentary term and the position that generates incompatibility, resigning from one of the positions. (3) After the expiry of the term provided in par (2), if the state of incompatibility continues to exist, the MP or senator is considered resigned from the position of deputy or senator. The resignation is brought to the attention of the House to which the lawmaker belongs The decision of the Chamber establishing the resignation shall be published in the Official Gazette of Romania, Part I. (4) The procedure for finding incompatibility is that provided for in the Rules of the Chamber of Deputies and the Senate Rules. + Section 3 Incompatibilities regarding the position of member of the Government and other public functions of authority in central and local public administration + Article 84 *) (1) The position of member of the Government is incompatible with: a) any other public office of authority, with the exception of that of deputy or senator or other situations provided by the Constitution; b) a function of salarized professional representation in commercial organizations; c) the position of chairman, vice-president, general manager, director, administrator, board member or censor at companies, including banks or other credit institutions, insurance and financial corporations, as well as public institutions; d) the position of chairman or secretary of general meetings of shareholders or associates at the companies referred to in lett. c); e) the position of representative of the state in the general meetings of the companies provided in lett. c); f) the position of manager or member of the boards of autonomous regions, companies and national companies; g) the quality of the individual trader; h) membership of a group of economic interest; i) a public office entrusted by a foreign state, except for those functions provided for in the agreements and conventions to which Romania is a party. (2) The position of secretary of state, the position of state undersecretary and the functions assimilated to them are incompatible with the exercise of another public office of authority, as well as with the exercise of the functions provided in par. ((1) lit. b)-i). (3) Exceptionally, the Government may approve the participation of persons referred to in par. ((1) and (2) as state representatives in the general meeting of shareholders or as members of the board of directors of autonomous regions, companies or national companies, public institutions or companies, including banks or other credit institutions, insurance and financial undertakings, of strategic interest or where a public interest so requires. (4) Government members, state secretaries, state subsecretaries and persons who perform functions assimilated to them may perform functions or activities in the field of teaching, scientific research and literary-artistic creation. + Article 85 *) (1) The position of prefect and sub-prefect is incompatible with: a) the status of deputy or senator; b) the position of mayor and deputy mayor, general mayor and deputy mayor of Bucharest; c) the position of local councillor or county councillor; d) a function of salarized professional representation in commercial organizations; e) the position of chairman, vice-president, general manager, director, administrator, board member or censor at companies, including banks or other credit institutions, insurance and financial corporations, as well as public institutions; f) the position of chairman or secretary of general meetings of shareholders or associates at the companies referred to in lett. e); g) the position of representative of the state in the general meetings of the companies provided in lett. e); h) the position of manager or member of the boards of autonomous regions, companies and national companies; i) the quality of the individual trader; j) membership of a group of economic interest; k) a public office entrusted by a foreign state, except for those functions provided for in the agreements and conventions to which Romania is a party. (2) The prefects and sub-prefects may perform functions or activities in the field of teaching, scientific research and literary-artistic creation. + Article 86 *) (1) The person who exercises one of the public functions of authority referred to in art. 84 and 85 is obliged, at the time of the swearing-in or, as the case may be, on the date of appointment, to declare that it is not in one of the cases of incompatibility provided by law. (2) If, during the exercise of the public office of authority provided for in art. 84 and 85, appears one of the cases of incompatibility provided by law, shall be done as follows: a) for the position of Prime Minister, Minister and Minister Delegate, the corresponding provisions of the Law no. 90/2001 on the organization and functioning of the Romanian Government and ministries; b) for the position of secretary of state, undersecretary of state and their assimilated functions, as well as for the position of prefect and sub-prefect, the finding of the case of incompatibility is made by the Minister of Public Administration, who will inform Prime Minister, to order the necessary measures. + Section 4 Incompatibilities regarding local elected officials + Article 87 *) (1) The position of mayor and deputy mayor, general mayor and deputy mayor of Bucharest, president and deputy chairman of the county council is incompatible with: a) the position of local councillor; b) function of prefect or sub-prefect; c) the quality of civil servant or employee with an individual employment contract, regardless of its duration; d) the position of chairman, vice-president, general manager, director, manager, administrator, member of the board of directors or censor or any management or execution function at the companies, including banks or other institutions credit, insurance and financial corporations, autonomous regions of national or local interest, national companies and companies, and public institutions; e) the position of chairman or secretary of general meetings of shareholders or associates at a company; f) the position of representative of the administrative-territorial unit in general meetings of companies of local interest or state representative in the general meeting of a commercial company of national interest; g) the quality of the individual trader; h) membership of a group of economic interest; i) the quality of deputy or senator; j) the position of minister, secretary of state, undersecretary of state or another function assimilated to them; k) any other public office or paid activities, in the country or abroad, except for the position of teacher or functions in associations, foundations or other non-governmental organizations. (2) Mayors and deputy mayors, the general mayor and deputy mayors of Bucharest municipality cannot hold, during the term of office, the position of county councillor. (3) Mayors and deputy mayors, the general mayor and deputy mayors of Bucharest municipality can exercise functions or activities in the field of teaching, scientific research and literary-artistic creation. + Article 88 *) (1) The position of local councillor or county councillor is incompatible with: a) the office of mayor or deputy mayor; b) function of prefect or sub-prefect; c) the quality of civil servant or employee with individual employment contract in the own apparatus of the respective local council or in the own apparatus of the county council or of the prefecture of the respective county; d) the position of chairman, vice-president, general manager, director, manager, associate, administrator, board member or censor at autonomous regions and commercial companies of local interest established or under the authority the local council or the respective county council or the autonomous regions and the companies of national interest which have their headquarters or which hold branches in the respective administrative-territorial unit; e) the position of chairman or secretary of general meetings of shareholders or associates to a commercial company of local interest or to a commercial company of national interest which has its seat or which holds subsidiaries in the establishment the respective administrative-territorial; f) the position of representative of the state to a commercial company that has its headquarters or which holds branches in the respective administrative-territorial unit; g) the status of deputy or senator; h) office of minister, secretary of state, undersecretary of state and functions assimilated to them. (2) A person may not at the same time exercise a mandate as a local councillor and a mandate as a county councillor. + Article 89 *) (1) The local quality of choice is also incompatible with the quality of significant shareholder in a company established by the local council, respectively by the county council. (2) Incompatibility exists also in the situation in which the husband or relatives of the first degree of the local elected hold the status of significant shareholder in one of the economic agents referred to in par. ((1). (3) A significant shareholder means the person exercising rights related to shares that, cumulatively, represent at least 10% of the share capital or give him at least 10% of the total voting rights in the general meeting. + Article 90 *) (1) Local councillors and county councillors who have the position of chairman, vice-president, general manager, director, manager, administrator, board member or censor or other management positions, as well as the quality of shareholder or associate in companies with private capital or majority state capital or capital of an administrative-territorial unit cannot conclude commercial contracts for the provision of services, execution of works, supply of products or contracts of association with the local public administration authorities of the which are part, with the autonomous institutions or regions of local interest subordinated or under the authority of the respective local or county council or with the companies established by the respective local councils or county councils. (2) Provisions of para. ((1) shall also apply if the respective functions or qualities are held by the first-degree spouse or relatives of the local elected officials. + Article 91 *) (1) The state of incompatibility intervenes only after the validation of the mandate, and in the case provided in 88 88 para. (2), after the validation of the second mandate, respectively after the appointment or employment of the local elected officials, after the validation of the mandate, in an incompatible position with the local elected one. (2) In the case provided for in art. 89, the incompatibility with the quality of local elected intervenes on the date on which the local elected, his spouse or his first degree relative become shareholders. (3) The local elected may waive the position held before being appointed or elected to the office that attracts the state of incompatibility or within 15 days of the appointment or election to this position. The local elected who becomes incompatible by applying the provisions of this section is obliged to resign from one of the incompatible functions no later than 60 days after the entry into force of this Law. (4) If the local elected person in a state of incompatibility does not give up one of the two incompatible functions within the period provided in par. (3), the prefect will issue an order finding the termination of the right of local elected office on the date of completion of the 15-day period or, as the case may be, 60 days, at the proposal of the secretary of the administrative-territorial unit. Any person may refer the secretary to the administrative-territorial unit. (5) Order issued by the prefect according to par. ((4) may be appealed to the competent administrative court. (6) In the case of mayors, the prefect will propose to the Government to set the date for the election of a new mayor, and in the case of local councillors and county councillors, the validation of the mandate of an alternate will be validated, according to the provisions Law no. 70/1991 on local elections, republished, with subsequent amendments and completions. + Article 92 *) (1) Violation of art. 90 90 draws the termination of the local elected mandate at the time of conclusion of the contracts. (2) Local councillors and county councillors who have contracts concluded in violation of art. 90 have the obligation that, within 60 days from the entry into force of this law, they should give up their contracts. Any person may refer the secretary to the administrative-territorial unit. (3) Violation of the obligation provided in par. (2) draws an end to the right of the local elected office. (4) The finding of termination of the mandate of local councillor or county councillor is by order of the prefect, at the proposal of the secretary of the administrative-territorial unit. (5) Order issued by the prefect according to par. ((4) may be appealed to the competent administrative court. (6) Provisions of para. (1) and (3) shall not apply if, until the order is issued by the prefect, proof is made that the violation of the provisions of art. 90 90 has stopped. + Article 93 *) (1) The provisions of art. 90 applies also to persons with individual employment contract in the own apparatus of the local council or county council or to the autonomous regions under the authority of the respective councils or to the companies established by the councils local or county councils concerned. (2) The violation by the persons referred to in par. ((1) the provisions of art. 90 draws an end to the right of employment. (3) The finding of termination of employment shall be made by order or provision of heads of public authorities or economic agents referred to in par. ((1). Art. 92 92 para. ((6) shall apply accordingly. + Section 5-a Incompatibilities regarding civil servants + Article 94 *) (. The quality of the civil servant shall be incompatible with any public office other than that in which he was appointed, as well as with the functions of public dignity. (2) Public servants may not hold other functions and may not carry out other activities, remunerated or unpaid, as follows: a) within the public authorities or institutions; b) within the dignitary's office, unless the civil servant is suspended from public office, under the law, during his appointment; c) within the autonomous regions, companies or other units for profit in the public sector; --------------- Lit. c) a par. ((2) of art. 94 94 has been amended by art. 51, Cap. VI of the Framework LAW no. 330 330 of 5 November 2009 , published in MONITORUL OFFICIAL no. 762 762 of 9 November 2009. d) as a member of a group of economic interest. (2 ^ 1) It is not in a situation of incompatibility, within the meaning of the provisions of para. ((2) lit. a) and c), the civil servant who: a) is designated by an administrative act, issued under the law, to represent the interests of the state in connection with the activities carried out by economic operators with capital or integral or majority state heritage, under the conditions resulting from the normative acts in force; b) is designated by an administrative act, issued under the law, to participate as a representative of the authority or public institution in the framework of collective governing bodies or bodies established under normative acts in vigor; c) exercise a mandate of representation, on the basis of designation by an authority or public institution, under the express conditions provided by the normative acts in force. ------------ Alin. (2 ^ 1) of art. 94 94 has been amended by section 1 1 of art. 40, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. (2 ^ 2) It is not in a situation of incompatibility, within the meaning of the provisions of para. (2), the civil servant who is designated by administrative act to be part of the project team financed by non-reimbursable community post-accession funds, as well as from external loans contracted or guaranteed by the redeemable state or non-refundable, with the exception of civil servants exercising duties as auditor or control duties on the activity carried out within it and the civil servants belonging to the project team, but for which the activity carried out within that team generates a conflict of interest situation with the public office it occupies. ------------ Alin. (2 ^ 2) of art. 94 94 has been introduced by section 2 2 of art. 40, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. (3) Civil servants who, in the exercise of public office, carried out monitoring and control activities with regard to commercial companies or other units with a lucrative purpose of the nature of those provided in par. ((2) lit. c) they cannot carry out their activity and cannot provide expert advice to these companies for 3 years after leaving the body of civil servants. (4) Public servants may not be trustees of persons in respect of carrying out acts in connection with the public office they exercise. (5) In the situation referred to in par. ((2) lit. b), at the end of the mandate of the dignitary, the civil servant is reinstated in the public office held or in a similar position. + Article 95 *) (1) Direct hierarchical relations shall not be permitted where such civil servants are spouses or first-degree relatives. (2) Provisions of para. ((1) shall also apply where the direct hierarchical head is a dignitary. (3) Persons who are in one of the situations referred to in par. ((1) or (2) will opt, within 60 days, for the cessation of direct hierarchical relations or the waiver of the quality of dignitary. (4) Any person may refer the existence of the situations provided in par. ((1) or (2). (5) The situations provided in par. (1) and failure to fulfill the obligation provided in par. (3) is found by the superior hierarchical head of the respective public servants, who orders the termination of direct hierarchical relations between spouses or relatives of first degree. (6) The situations provided in par. (2) and failure to fulfill the obligation provided in par. (3) it is found, as the case may be, by the Prime Minister, Minister or Prefect, who orders the termination of direct hierarchical relations between the dignitary and the public official husband or relative of the first degree. + Article 96 *) (1) Civil servants, parliamentary civil servants and civil servants with special status may perform functions or activities in the field of teaching, scientific research, literary-artistic creation. Civil servants, parliamentary civil servants and civil servants with special status may exercise functions in other areas of activity in the private sector, which are not directly or indirectly related to the duties exercised as public servant, parliamentary civil servant or civil servant with special status, according to the job description. ------------ Alin. ((1) of art. 96 96 has been amended by section 3 3 of art. 40, Cap. IV of the Framework LAW no. 284 284 of 28 December 2010 , published in MONITORUL OFFICIAL no. 877 877 of 28 December 2010. (2) In the case of civil servants carrying out the activities provided in par. ((1), the documents making up the professional file shall be managed by the public authority or institution to which they are appointed. + Article 97 *) (1) The public official may run for an eligible position or be appointed to a public dignity function. (. The service report of the civil servant shall be suspended: a) during the electoral campaign, until the day after the elections, if not elected; b) until the end of the eligible function or the function of public dignity, if the civil servant has been elected or appointed. + Article 98 *) (1) Civil servants may be members of legally constituted political parties. (2) Public servants are prohibited from being members of the governing bodies of political parties and to publicly express or defend the positions of a political party. (3) Civil servants who, according to the law, belong to the category of senior civil servants cannot be members of a political party, under the sanction of dismissal from public office. + Chapter IV Other conflicts of interest and incompatibilities + Article 99 *) (1) Persons who exercise the following public dignities and public functions of authority within the authorities and institutions exclusively under parliamentary control: a) members of the Court of Auditors b) President of the Legislative Council and section presidents; c) Ombudsman and his deputies; d) members of the Competition Council; e) members of the National Securities Commission; f) the governor, the first deputy governor, the deputy governors, the members of the board of directors and the employees with management positions of the National Bank of Romania; g) Director of the Romanian Intelligence Service, first deputy and his deputies; h) Director of the Foreign Intelligence Service and his deputies; i) members of the Insurance Supervisory Board; j) members of the National Audiovisual Council; k) members of the boards and directories of the Romanian Radio Broadcasting Society and the Romanian Television Society; l) members of the National Council for the Study of Security Archives; m) Director General and members of the Board of Directors of the National Press Agency ROMPRES the provisions of art. 72 and the regime of incompatibilities provided for in this title for ministers and secretaries of state, respectively, as well as the incompatibilities provided in special laws. (2) Persons referred to in par. (1) may exercise functions or activities in the field of teaching, scientific research and literary-artistic creation. (3) Provisions art. 73 and 74 shall also apply accordingly to the persons referred to in par. (1) by the Parliament's specialist committees. (4) Persons who occupy public dignities and public functions of authority within the authorities and institutions provided in par. (1), if they are in a case of incompatibility, will inform, within 15 days, the Permanent Bureau of the Chamber of Deputies and the Senate, respectively. (5) Within 60 days from the expiry of the term provided in par. (4), persons exercising public dignities and public functions provided in par. (1) will opt between these functions and those that are incompatible with them, resigning from the position that generated the case of incompatibility. (6) After the expiry of the period provided for in ((5), if the state of incompatibility continues to exist, the person occupying the office or public dignity shall be considered resigned from this position. The resignation is brought to the attention of the Chamber of Deputies and the Senate The decision of the Chamber establishing the resignation shall be published in the Official Gazette of Romania, Part I. + Article 100 *) (1) Presidential advisers and state counselors of the Presidential Administration shall be subject to the provisions of art. 72 and the regime of incompatibilities provided for in this title for ministers and secretaries of state, respectively. (2) Presidential advisers and state counselors of the Presidential Administration may exercise functions or activities in the field of teaching, scientific research and literary-artistic creation. (3) Provisions art. 73 and 74 shall also apply accordingly to the persons referred to in par. (1) by the President of Romania. (4) Procedures for finding incompatibilities for persons referred to in par. (1) are those established by the Rules of Organization and Functioning of the Presidential Administration. + Article 100 ^ 1 *) Exceptionally, for persons appointed, according to the law, by the President of Romania, by the Parliament, on his proposal, or by the Supreme Council of Defense of the Country, the permanent offices of the Chambers, in the joint meeting, can approve, upon referral To the President of Romania, the performance, further, of the function that generated the case of incompatibility, if a public interest so requires. ------------- Art. 100 ^ 1 was amended by the single article of LAW no. 114 114 of 7 April 2004 , published in MONITORUL OFFICIAL no. 336 336 of 16 April 2004, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 40 40 of 20 May 2003 , published in MONITORUL OFFICIAL no. 378 378 of 2 June 2003. + Chapter V Regulations on magistrates + Article 101 *) The position of judge and prosecutor is incompatible with any other public or private office, except for teaching positions in higher education. + Article 102 *) Magistrates are prohibited: a) conduct arbitration activities in civil, commercial or other disputes; b) have the status of associate, member in the governing bodies, administration or control to civil societies, companies, including banks or other credit institutions, insurance or financial companies, national companies, companies national or autonomous kings; c) to carry out commercial activities, directly or through interposed persons; d) be a member of a group of economic interest. + Article 103 *) (1) The magistrates do not subordinate themselves to political purposes and doctrines. (2) The magistrates cannot be part of political parties or carry out activities of a political nature. (3) The magistrates have the obligation to refrain from expressing or manifesting their political beliefs in the exercise of their duties. + Article 104 *) Magistrates are prohibited from any manifestation contrary to the dignity of the office they occupy or likely to affect its impartiality or prestige. + Article 105 *) (1) The magistrates are prohibited from participating in the trial of a case, as a judge or prosecutor: a) whether they are spouses or relatives up to and including the fourth degree; b) if they, their spouses or relatives up to the fourth degree including have any interest in the case. (2) Provisions of para. (1) also applies to the magistrate who participates, as a judge or prosecutor, at the trial of a case in the remedies, when his spouse or relative up to the fourth degree including the magistrate participated, as a judge or prosecutor, at the trial in fund of that cause. ((3) Provisions of para. (1) and (2) shall be supplemented by the provisions of the Civil Procedure Code and the Code of Criminal Procedure relating to incompatibilities, abstention and recusal. + Article 106 *) (1) The judge who becomes a lawyer cannot put conclusions to the court where it worked, for 2 years after the end of the quality of judge. (2) The prosecutor who becomes a lawyer cannot provide legal assistance to the prosecution bodies in the locality where it worked, for 2 years after the end of the quality of prosecutor. + Article 107 *) Magistrates are required to immediately inform the president of the court or, as the case may be, of the attorney general under whom any interference in the act of justice, of a political or economic nature, on the part of a person physical or legal or a group of persons. + Article 108 *) (1) Violation of art. 101-105 and 107 constitute disciplinary violations and are sanctioned, in relation to the gravity of the deviations, with: a) suspension from office for a maximum of 6 months; b) removal from the magistracy. (2) The disciplinary sanctions shall apply by the Superior Council of Magistracy, according to the procedure laid down in Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions. (3) The judge or prosecutor sanctioned with removal from the magistracy cannot occupy any legal specialist position for 3 years. + Article 109 *) (1) The magistrates may participate in the elaboration of publications or specialized studies, literary or scientific works or on audiovisual issues, except those of a political nature. (2) The magistrates may be members of commissions for examination or elaboration of draft normative acts, internal or international documents. + Article 110 *) Art. 101-104, 107 and 109 shall also apply accordingly to the judges of the Constitutional Court. + Chapter VI Common provisions + Article 111 (1) Persons exercising public dignities and public functions provided for in this Title shall submit a declaration of interests, on their own responsibility, with respect to the functions and activities they carry out, except those related to the public office or office which it exercises. (. The functions and activities to be included in the declaration of interests shall be: a) the status of associate or shareholder in companies, companies/national companies, credit institutions, economic interest groups, as well as member of associations, foundations or other non-governmental organizations; b) the position of member in the management, administration and control bodies of companies, autonomous regions, national companies/companies, credit institutions, economic interest groups, associations or foundations or other nongovernmental organizations c) membership in professional and/or trade union associations; d) membership in the management, administration and control bodies, repaid or not paid, held within the political parties, the position held and the name of the political party. ------------- Alin. ((2) of art. 111 111 has been amended by art. II of EMERGENCY ORDINANCE no. 14 14 of 3 March 2005 , published in MONITORUL OFFICIAL no. 200 200 of 9 March 2005. (3) Persons referred to in par. ((1), which do not perform other functions or carry out activities other than those related to the mandate or function they exercise, shall submit a statement in this regard. + Article 112 Repealed. -------------- Article 112 was repealed by letter. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 113 Repealed. -------------- Article 113 was repealed by letter. b) a art. 60, Cap. VIII of LAW no. 144 144 of 21 May 2007 , published in MONITORUL OFFICIAL no. 359 359 of 25 May 2007. + Article 114 (1) It is prohibited to use by a person who exercises a public dignity or a public office among those provided for in this title, in private interest, of the symbols related to the exercise of his dignity or function. (2) The use or permission to use the name accompanied by the quality of the person exercising public dignities and public functions provided for in this title in any form of advertising of a Romanian or foreign economic agent, such as and of any commercial, national or foreign product. (3) The use or permission to use the public image, name, voice or signature of the person exercising public dignities and public functions provided for in this Title for any form of advertising regarding an activity which brings profit, with the exception of free publicity for charitable purposes. (4) It is prohibited for persons exercising public dignity or public office from those provided for in this title to use or direct or indirect exploitation of non-public information obtained in connection with the exercise of duties, in order to obtain advantages for themselves or others. + Chapter VII Final provisions + Article 115 *) Other cases of incompatibilities and prohibitions are those established by special laws. + Article 116 *) (1) The prefects are obliged to check, no later than 30 days after the entry into force of this law, the situation of all local elected officials in the county. To this end, the heads of public authorities and institutions, as well as the heads of the trade register offices of the courts, are obliged to make available to the prefect and persons authorized by him the data requested, necessary to determine the persons to whom the incompatibilities and prohibitions provided for in this Title are applicable (2) Failure to comply with par. (1) attracts sanctions, according to the law. + Article 117 *) On the date of entry into force of this Law, the provisions art. 4 4 para. ((1) of Law no. 90/2001 on the organization and functioning of the Romanian Government and ministries, published in the Official Gazette of Romania, Part I, no. 164 of 2 April 2001, art. 30 30, art. 60 60 para. ((1) lit. b), art. 62 62, art. 72 72 para. ((2) lit. b), art. 131 and the final sentence of art. 152 "and councillors in office on the date of entry into force of this law will exercise their mandate until the next local elections" in Local Public Administration Law no. 215/2001 , published in the Official Gazette of Romania, Part I, no. 204 204 of 23 April 2001, as amended and supplemented, and Government Emergency Ordinance no. 5/2002 on the establishment of prohibitions for local elected officials and civil servants, published in the Official Gazette of Romania, Part I, no. 90 90 of 2 February 2002, approved and amended by Law no. 378/2002 . + Title V Economic interest groups + Chapter I Economic interest groups + Section 1 General provisions + Article 118 (1) The group of economic interest-G.I.E. represents an association between two or more natural or legal persons, constituted for a fixed period, for the purpose of facilitating or developing the economic activity of its members, as well as the improving the results of that activity (2) The economic interest group is a legal entity with a patrimonial purpose, which may be a merchant or non-commercial. (. The number of members of a group of economic interest may not be more than 20. (4) The activity of the group must relate to the economic activity of its members and have only an accessory character towards it. (5) The Group may not: a) exercise, directly or indirectly, an activity of administration or supervision of the activity of its members or of another legal person, in particular in the fields of personnel, finance and investment; b) to hold shares, shares or interests, directly or indirectly, to one of the member companies; the holding of shares, shares or interests in another company is permitted only to the extent that it is necessary to meet the objectives of the group and if it is on behalf of c) employ more than 500 persons; d) be used by a company for the purpose of lending, under conditions other than those expressly provided by Law no. 31/1990 on companies, republished, with subsequent amendments and completions, of an administrator or director of the commercial company or of the spouse, relatives or afini up to the fourth degree including the administrator or the director respectively; also, if the credit operation concerns a civil or commercial company in which one of the aforementioned persons is an administrator or director or holds, alone or together with one of the above-mentioned persons, a the share of at least 20% of the subscribed share capital; e) be used by a company for the purpose of transmitting goods, under conditions other than those expressly provided by Law no. 31/1990 , republished, with subsequent amendments and completions, to and from the administrator or director of the commercial company or the husband, relatives or afinii to the fourth degree including the administrator or the respective director; also, if the operation concerns a civil or commercial company in which one of the abovementioned persons is an administrator or director or holds, alone or together with one of the abovementioned persons, a share of at least 20% of the value subscribed share capital, unless one of the companies is the other's subsidiary; f) be a member of another group of economic interest or European group of economic interest. (6) The economic interest group may not issue shares, bonds or other negotiable securities. + Article 119 (1) The members of the economic interest group shall be unlimited for the group's obligations and in solidarity, in the absence of a stipulation contrary to the co-contracting parties. The group's creditors will first move against it for its obligations and, only if it does not pay them no later than 15 days after the date of the delay, will be able to move against the members of the group. (2) By way of derogation, the provisions of paragraph (1) and insofar as the constituent act allows it, a new member of the group may be exonerated from its obligations, born prior to its accession; the exemption decision is opposable to third parties from the date of mention in the trade register and Publication in the Official Gazette of Romania, Part IV. + Section 2 Establishment of the economic interest group + Article 120 (1) The group of economic interest shall be constituted by contract signed by all members and concluded in authentic form, called a constituent act. (2) The signatories of the articles of association, as well as persons who have a determining role in the formation of the group are considered founders. (3) The persons who, according to the law, are incapable or who have been convicted of fraudulent management, abuse of trust, deception, embezzlement, bribery, bribery, receipt of undue benefit, influence peddling, false testimony, false, use of forgery, as well as for the offences provided by Law no. 31/1990 , republished, with subsequent amendments and completions, the offences provided by Law no. 241/2005 to prevent and combat tax evasion and money laundering offences provided by Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, with subsequent amendments and completions. ------------ Alin. ((3) of art. 120 120 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. (4) The provisions of par. (3) shall apply, accordingly, to persons with functions of administrator, censor and liquidator of the economic interest group. + Article 121 (. The economic interest group may be constituted with or without capital. ((2) If the members of the group decide to affect a certain capital for carrying out the group's activity, the members ' contributions must not have a minimum value and may have any nature. (. The rights of the members of the group may not be represented by negotiable securities; any clause to the contrary shall be deemed void. + Article 122 (. The constitutive act of the economic interest group shall determine the organization of the group, under the conditions laid down in this Title, and shall include: a) the name, preceded or followed by the phrase "economic interest group" or the initials "G.I.E.", the seat and, if applicable, the emblem of the group; b) the name and surname, place and date of birth, domicile and citizenship of the members, individuals; name, legal form, seat and nationality of the members, legal persons; c) the personal numerical code of the members, individuals; the identification code of the members, legal entities, depending on their legal form; d) the object of activity of the group, specifying the main domain and activity, as well as the commercial or non-commercial nature of the activity; e) the subscribed capital and the paid-up capital, with the mention of the contribution of each member and the manner of its shedding, the amount of the contribution in kind and the manner of assessment, if the group is constituted with capital; f) group duration; g) the members representing and administering the group or the non-member administrators, natural or legal persons, the powers conferred on them and whether they are to exercise them together or separately, and the conditions under which they may be revocation; h) clauses on the control of the management of the group by the statutory bodies, its control by the members, as well as the documents to which they will be able to have access to inform and exercise their control; i) secondary offices-branches, agencies, representatives or other such units without legal personality-, when setting up a date with the group, or the conditions for their subsequent establishment, if such establishment is envisaged; j) how to dissolve and liquidate the group. ((2) Any modification of the articles of association shall be made under the conditions laid down at its conclusion, shall be mentioned in the commercial register and shall be published in the Official Gazette of Romania, Part IV; the amendments shall be opposable from the date Publication. + Article 123 (. In the course of its existence, the economic interest group may accept new members, with the unanimous vote of its members. ((. Any member of the group may withdraw under the conditions laid down in the Articles of Association, subject to the prior fulfilment of his specific obligations. + Article 124 (1) Upon authentication of the articles of association shall be presented the proof issued by the trade register office regarding the availability of the company and the emblem. Proof will also be presented that the group has, on the basis of legal acts, a headquarters at the indicated address. (. The group's headquarters shall be established: a) to the place where the central administration of the group is located; b) either at the place where the central administration of one of the members of the group is located or, in the case of a natural person, its main activity, if the group exercises an activity in the said place. (3) At the headquarters indicated by the group will be able to operate several legal entities, if at least one person is, under the law, associate or member in each of these legal entities. (4) The public notary will refuse the authentication of the articles of association, if the documentation presented does not result that the legal conditions are met. + Section 3 Registration of the economic interest group + Article 125 (1) Within 15 days from the date of authentication of the articles of association, the founders or administrators of the group or an authorized person shall require the registration of the group in the commercial register in whose territorial area the group will be based. (2) The application shall be accompanied by: a) the group's articles of association; b) proof of payment, under the conditions of the articles of association, if applicable; c) where applicable, the acts relating to the ownership of the contributions in kind, and where such property is included, the certificate of the finding of the tasks to which they are encumbered; d) the findings of the operations concluded on behalf of the group and approved by the members; e) proof of declared f) the affidavit of the founders, administrators and censors that they meet the conditions laid down in this title. ((3) Abrogat. ------------ Alin. ((3) of art. 125 125 has been repealed by section 6.6. 2 2 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 126 (1) If the legal requirements are met, the judge-delegate, by pronounced conclusion within 5 days from the fulfilment of these requirements, will authorize the formation of the group and will order its registration in the commercial register, in the conditions of Law no. 26/1990 on the trade register, republished, as amended. (2) The registration will render the terms of the articles of association provided for in art. 122. + Article 127 (. The economic interest group shall acquire legal personality from the date of its registration in the commercial register. ((2) The registration shall be made within 24 hours from the date of delivery of the conclusion of the judge-delegate authorising the registration of the group. ((3) The registration does not presume the quality of the group's trader. (4) The group of economic interest having the status of a trader may, on its own behalf, be the principal and in an ordinary manner, all the facts of trade necessary for the achievement of its purpose. + Article 128 Will be subject to mandatory registration, under the law, the following: a) any modification of the group's articles of association, including any changes in the composition of the group b) the establishment or abolition of all branches, representations and other entities without legal personality; c) the court decision declaring the nullity of the group; d) the decision to appoint the administrator or administrators of the group, their name/name, the mention if the administrators can act individually or together, as well as the termination of their duties; e) the assignment, in whole or in part, of the parties of interest of a member; f) the decision of the members of the group or the court decision of dissolution g) the decision to designate the liquidators of the group, their name/name, and the termination of their duties; h) termination of group liquidation; i) the proposal to move the headquarters to a foreign state; j) the clause by which the new members are exempt from the payment of the group's debts, previously born to their admission to the group. + Article 129 The economic interest group is obliged to publish in full, in the Official Gazette of Romania, Part IV, under the law: a) the group's articles of association; b) its modifying acts; c) the particulars relating to the group's registration code, the date and place of registration and the deletion of the group; d) the documents and mentions provided in art. 128 lit. b)-j). + Article 130 Provisions relating to the establishment, registration and operation of subsidiaries and branches of companies, provided for by Law no. 31/1990 , republished, with subsequent amendments and completions, shall apply accordingly to the subsidiaries and branches of the economic interest group. + Article 131 (1) The headquarters of the economic interest group may be moved to a foreign state, by decision of the members of the group, taken unanimously. (2) Within 15 days from the adoption of the decision provided in par. (1), it will be mentioned, through the care of the administrators of the group, in the trade 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 of Romania, any interested person may object to the decision to transfer the headquarters, for reasons of public order, under the conditions provided by art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions. (4) The irrevocable court decision which resolves the opposition to the decision to transfer the seat shall be mentioned, ex officio, in the commercial register. (5) The registration of the group in the corresponding register of the foreign state shall not be opposable to third parties until after the decision to change the seat becomes effective. (6) Radiation of the trade register group is possible only after the presentation of the proof of the registration of the group in the foreign state register (7) Until the mention is made regarding the deletion of the group, in the commercial register, third parties may rely on the headquarters of the group in Romania, unless the group proves that they have known the existence of the headquarters in the foreign state. + Article 132 (1) The representatives of the group shall be obliged to submit to the trade register office their signatures, on the date of completion of the application for registration, if they were appointed by the articles of association, and those elected during the operation of the group, within 15 days of your choice. (2) Provisions of para. ((1) shall also apply accordingly to the heads of branches. + Section 4 Effects of violation of legal requirements for the establishment of the economic interest group + Article 133 When the constituent act does not contain the particulars provided by law or includes clauses by which an imperative provision of the law is violated or when a legal requirement has not been fulfilled for the constitution of the group, the judge-delegate, ex officio or at the application of any member or other interested party shall, by conclusion, reject the application for registration, unless the members or representatives of the group remove such irregularities. The delegated judge will take note of the regularisations carried out. + Article 134 If the founders or representatives of the group did not ask for its registration within the legal period, either member may ask the trade register office to conduct the registration, after having, by notice or registered letter, put them in delay, and they did not comply no more than 8 days after receipt. + Article 135 (1) In the case of irregularities found after registration, the group is obliged to take measures to remove them, no later than 8 days after the date of finding those irregularities. (2) If the group does not comply, any interested person may ask the court to compel the organs of the company, under penalty of payment of damages to the cominators, to regularize them. ((3) The right to the settlement action is prescribed by the passage of a period of 6 months from the date of registration of the group. + Article 136 The founders, representatives of the group, as well as the first members of the management, administration and control bodies of the group shall respond unlimited and severally to the damage caused by the irregularities provided in art. 133-135. + Article 137 (1) The acts or acts for which the advertising provided for by the law has not been carried out may not be opposed to third parties, unless the group proves that they knew them. (2) The operations carried out by the group before the 16th day from the date of publication in the Official Gazette of Romania, Part IV, of the conclusion of the delegated judge are not opposable to third parties, if they prove that they were unable to take knowledge of them. + Article 138 Third parties, however, may invoke the acts or facts as to which the advertising has not been fulfilled, unless the omission of advertising lacks effects. + Article 139 The founders, representatives and other persons, who worked on behalf of a group in the process of constituting, jointly and severally respond to third parties for the legal acts concluded with them on the group, apart from the case in which the group, after having acquired legal personality, took them upon himself. The acts thus taken over are considered to have been by the group since the date of their conclusion. + Article 140 (1) Neither the group nor the third parties may object, in order to evade the obligations assumed, an irregularity in the appointment of the representatives, administrators or other persons belonging to the organs of the group, when this appointment was published in accordance with the legal provisions. (2) The group may not invoke to third parties the appointments in the functions mentioned in par. ((1) or the termination of these functions, if they have not been published in accordance with the legal provisions. + Article 141 (1) In relation to third parties, the group shall be employed by the acts of its bodies, even if these acts exceed the scope of activity, unless it proves that the third parties knew or, in the circumstances, had to know the overtaking it. The publication of the articles of association cannot be the proof of knowledge alone. (2) The clauses of the articles of association or the decisions of the statutory bodies of the group, which limit the powers conferred by law on these bodies, are inopposable to third parties, even if they have been published (3) The Articles of Association will be able to provide that the group will respond validly only if two or more administrators act together. Such a clause is opposable to third parties only under the conditions of its publication in the Official Gazette of Romania, Part IV, under the conditions provided in art. 129. + Article 142 The invalidity of a group of economic interest registered in the trade register may be declared by the court only when: a) lack of the constituent act or when it has not been concluded in authentic form; b) all the founders were, according to the law, incapable, at the date of the formation of the c) the object of activity of the group is illicit or contrary to public order; d) lack the conclusion of the group's registration-delegate; e) lack of legal administrative authorization for the formation of the group, in cases where this authorization is provided in the special laws for carrying out certain activities, such as banking or insurance; f) the constituent act does not provide the name, seat and object of activity of the group + Article 143 Nullity cannot be declared if its cause, invoked in the request for annulment, has been removed before conclusions are made in court, unless the nullity is caused by the wrongful nature or contrary to the order. public of the group's object. + Article 144 (. The Court of First Instance with a request for a declaration of invalidity may, on its own motion, establish a time limit for the (2) If, for the coverage of invalidity, it is necessary to convene the members of the group or to communicate to them the text of the draft decision together with the related documentation, the tribunal will grant, by conclusion, the necessary for the members to adopt the ruling. + Article 145 (1) On the date on which the court decision declaring nullity has become irrevocable, the group shall cease without retroactive effect and shall enter into liquidation. The legal provisions on the liquidation of the groups as a result of the dissolution shall apply accordingly. (2) By the court decision declaring a nullity shall be called the liquidators of the group. (3) The Tribunal will communicate the device to this decision to the trade register office, which, after mentioning, will send it to the Official Monitor of Romania for publication. (4) The members of the group shall be responsible for their obligations until their coverage in accordance with the provisions of 119. + Article 146 (. The declaration of invalidity shall be without prejudice to acts concluded on its behalf. (2) Neither the group nor its members may object to third parties of good faith the nullity of the group. + Article 147 Provisions head. V "Some procedural provisions" of Title II "Establishment of companies" of the Law no. 31/1990 , republished, with subsequent amendments and completions, shall apply, accordingly, with regard to economic interest groups. + Section 5-a Operation of economic interest groups + Article 148 (1) The administrators may make all the operations required to comply with the object of activity of the group, apart from the restrictions shown in the articles of association. (2) They are obliged to take part in all assemblies of the group, the boards of the administrators and the governing bodies similar to them. + Article 149 (1) Administrators who have the right to represent the group may not transmit it unless this faculty has been expressly granted it. (2) In case of violation of the provisions ((1), the group may claim from the substituted the benefits resulting from the operation. (3) The administrator who without right substitutes another person shall be jointly and severally liable for any damage caused to the group. + Article 150 The obligations and liability of the administrators shall be those provided for in this Title and the provisions concerning the mandate + Article 151 (1) The administrators shall be jointly and severally liable to the company for: a) the existence of registers required by law and their correct young; b) the exact fulfilment of the decisions of the general meetings; c) strict fulfilment of the duties that the law and the articles of association impose. ((2) The action in liability against the administrators also belongs to the creditors of the group, but they will be able to exercise it only when, through the operations carried out to achieve the object of activity of the group, they are not paid the obligations of the group, or in the event of the opening of the regulated procedure, Law no. 64/1995 * *) on the procedure of judicial reorganization and bankruptcy, republished, with subsequent amendments and completions. Note
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* *) Law no. 64/1995 The rep was repealed by art. 156 of LAW no. 85 of April 5, 2006, published in the OFFICIAL GAZETTE no. 359 359 of 21 April 2006.
---------- + Article 152 (1) In any invoice, offer, order, tariff, prospectus, letter, notice, publication or other documents, emanating from a group, it must be stated: a) the name, accompanied by the words "economic interest group" or "G.I.E." initials; b) premises; c) the unique registration code and the trade register office in which the group was registered; d) where applicable, the claim that the group is in liquidation; e) where applicable, the mention that the administrators must act together, according to the provisions of art. 128 lit. d). (2) They are exempted from the application of the provisions of para. (1) tax receipts, issued by electronic cash registers, which will include the elements provided by the legislation in the field. + Article 153 (1) The general assembly of the members of the group may adopt any decision, including the early dissolution or extension of the duration of the group, under the conditions stipulated by the Articles (2) The Articles of Association may provide that all decisions or a part thereof shall be adopted under certain conditions concerning the quorum and the required majority. In the absence of such stipulation, the decisions shall be adopted with the unanimous vote of the members. (3) The constitutive act of the group may stipulate that these decisions or some of them may be taken by the written consultation of the members; the articles of association shall state in this case the procedure for consultation and adoption of decisions. (4) The unanimous vote of all members is mandatory for the adoption of decisions on: a) modification of the group's object b) change of the number of votes assigned to each member; c) amending the conditions for adoption of decisions; d) extension of the duration of the group beyond the period laid down in the e) change of the members ' contribution to the group's f) the modification of any other obligation of the members, if the articles of association do not provide otherwise; g) any other modification of the articles of association, if the articles of association do not provide otherwise. (5) The Articles of Association may establish that certain members shall have a different number of votes from each other, but without a member holding a majority of votes. In the absence of such a stipulation, each member shall be deemed to have one vote. + Article 154 (1) At the initiative of any administrator or at the request of any member, the administrators shall immediately convene the general meeting of the members for the adoption of a decision entering the duties of the assembly. (. The General Assembly shall meet within the time limit laid down by the Articles of Association, but which shall not be less than 10 days and more than one month after the date of the convocation. (3) At the request of any interested person and with the hearing of the parties, the court of the seat of the group will be able to order the convocation of the general meeting, if it is not convened by the administrators; by the decision of conven the court will designate, among the members of the group, the person who will chair the general assembly (4) All members of the group will be able, if none of them opposes, to hold a general assembly and to take any decision of the competence of the assembly, without complying with the formalities required for its convocation. + Article 155 ((1) Convocation may be made by registered letter or, if the constituent act allows, by simple letter, sent at least 10 days before the date of the young assembly, to the member's address, as set out in the group's records. The change of address cannot be opposed to the group, if not communicated to it in writing by the member. (2) The convocation will include the place and date of the young assembly, as well as the agenda, with the explicit mention of all the issues that will be the subject of the general assembly debates. (3) If proposals are included in the agenda for amending the Articles of Association, the convocation will have to include the full text of the proposals. + Article 156 (1) Members shall have the right to inform themselves of the management of the group, consulting the documents provided for in the articles of association, in accordance with art. 122 lit. h). They will be able to ask, at their expense, legalized copies of these. After consulting the members will be able to refer them, in writing, to the administrators, who will have to answer them, also in writing, within 15 days from the registration of the complaint. (2) If the administrators do not respond within the deadline set in paragraph (1), the members will be able to apply to the competent court, which will be able to oblige the group to pay a sum of money for each day of delay + Article 157 ((1) Members may choose, by unanimous vote, one or more administrators among them, fixing their duties, the duration of the assignment and their eventual remuneration, unless otherwise provided by the articles of association. (2) By unanimous vote the members may also decide on the revocation of the administrators or on the limitation of their powers, unless the administrators were appointed by the articles of association. + Article 158 (. A legal person may be appointed or elected administrator of a group of economic interest. (. The rights and obligations of the parties shall be established by an administration contract. The contract will stipulate, among other things, that the legal person is obliged to designate one or more permanent representatives, individuals. The representative is subject to the same conditions and obligations and has the same civil and criminal responsibility as an administrator, a natural person, acting on his own behalf, without this legal person representing him being exempt from liability or to be reduced jointly and severally. (. When the legal person revokes his representative, he shall at the same time appoint a replacement. + Article 159 (1) Each administrator will have to lodge a security for his administration, provided for in the articles of association or, in the absence of a clause in it, approved by the general assembly. The guarantee may not be less than twice the monthly remuneration. ((2) The guarantee will be submitted before the administrator takes office; it may also be filed by a third party. (3) If the guarantee is not lodged before the date of taking office, the administrator shall be deemed to be resigned. ((4) The guarantee remains available to the group and will not be able to be returned to the administrator until after the general meeting has approved the financial situation of the last financial year in which the administrator has fulfilled this function and given it unloading. + Article 160 The signatures of the administrators will be submitted to the trade register office, under the conditions provided in art. 132 132 para. ((1), with the presentation of the certificate issued by the persons fulfilling the censor award from which the deposit of the guarantee results. + Article 161 (1) If an administrator takes the initiative of an operation exceeding the limits of the usual operations of the group, it must notify the other administrators, before concluding it, under penalty of support. the losses that would result from it. (2) In case of opposition of any of them, the members representing the majority shall decide. (3) The operation concluded against the opposition made is valid from the third parties to whom this opposition will not be communicated. + Article 162 (1) The member who, in a determined operation, has, on his own account or on the account of another, interests contrary to those of the group, cannot take part in any deliberation or decision on this operation. (2) The member who contravenes the provisions of par. ((1) is liable for damages caused to the group, if, without its vote, the required majority had not been obtained. + Article 163 The member who, without the written consent of the other members, uses the capital, the goods or the credit of the group for the benefit of or in that of another person is obliged to return to the group the benefits that have resulted and to pay compensation for damage caused. + Article 164 (1) No member may take from the group's funds any more than he has been fixed for the expenses made or for those to be made in the interest of the group. (2) The member who is contrary to this provision shall be liable for the amounts taken and damages. (3) It will be possible to stipulate, by the articles of association, the conditions in which the members can take from the house of the group certain amounts, on loan, for their particular expenses. + Article 165 (1) The Group may not aim to obtain profits for itself. (2) If the activity of the group results in profit according to the annual financial situation, it will be distributed in full, on a compulsory basis, between the members of the group, as dividends, in the quotas provided for in the articles of association or, failing a such clauses, in equal parts. (3) The group's profit will not be able to allocate, under any circumstances, amounts of money for the establishment of reserve funds. ((4) If the expenses exceed the group's income, the difference will be covered by its members in the quotas provided for in the articles of association or, in the absence of such a clause, in equal parts. (5) Amounts distributed to members of group profit, according to par. (2), constitute dividends, which are subject to taxation, under the law. + Article 166 When the contribution to the group's capital belongs to several persons, they are jointly bound by the group and must designate a common representative for the exercise of the rights arising from this contribution. + Article 167 ((. Members shall be obliged unlimited and severally bound for the operations carried out on behalf of the group of persons representing him. (2) The court decision obtained against the group is opposable to each member. + Article 168 For the approval of the financial situation and for decisions regarding the liability of the administrators, the majority of members + Article 169 (1) The assignment or establishment of a guarantee on the party of interest to members or third parties is possible with the unanimous consent of the members. (2) The establishment of a guarantee on the party of interest to members or third parties is also possible if it was allowed by the constitutive act of the group. In this case, however, a third party cannot become a member of the group, by acquiring the party of interest, except with the unanimous consent of the other members. ((3) The divestment does not liberate the transferor member from what is still due to the group from its capital contribution. (4) The transferor to the third party shall remain liable according to the provisions governing the exclusion (5) When the articles of association provide for cases of withdrawal of a member, the provisions of art. 182 and 186. + Article 170 The right to represent the group belongs to each administrator, unless there is a contrarian stipulation in the articles of association. + Article 171 (1) If the constituent act has the administrators to work together, the decision must be taken unanimously; in case of divergence between the administrators, it will be decided by the majority vote of the members. (2) For urgent acts, the failure of which would cause a large damage to the group, may decide a single administrator in the absence of others, who find themselves in impossibility, even momentarily, to take part in the administration. + Article 172 The economic interest group shall, accordingly, be applicable to the provisions of the Accounting Law no. 82/1991 , republished. + Article 173 (1) The annual financial situation of the economic interest group will be drawn up according to the norms provided for the company in the collective name. for 15 days, at the public finance administration. ------------ Alin. ((1) of art. 173 173 was amended by the repeal of the final thesis of this paragraph by letter. e) a art. III of EMERGENCY ORDINANCE no. 37 37 of 13 April 2011 , published in MONITORUL OFFICIAL no. 285 285 of 22 April 2011. ((2) The approval of the annual financial situation by the general meeting shall not prevent the exercise of the liability against the administrators. + Section 6 Amendment of the Articles + Article 174 (. The constitutive act may be amended by the members, in compliance with the substantive and form conditions laid down for its conclusion. ((2) Abrogat. ------------- Alin. ((2) of art. 174 was repealed by par. ((2) art. 46, Cap. VIII of LAW no. 359 359 of 8 September 2004 , published in MONITORUL OFFICIAL no. 839 839 of 13 September 2004. (3) The addendum comprising the full text of the provisions of the constitutive act, amended, shall be submitted to the trade register office and shall be mentioned in this register. The modifier act is published in full in the Official Gazette of Romania, Part IV. (4) If several changes are made to the constitutive act either concurrently or successively, it will be updated with all changes to the day and, in this form, will be deposited at the trade register office. (5) In the form updated according to the previous paragraph, the name or the name and other identification data of the founders and the first members of the group's bodies may be omitted. (6) The omission is allowed only if at least 5 years have passed since the date of registration of the group and only if the articles of association do not provide otherwise. + Article 175 (1) Personal creditors of the members of the group may object, under the conditions art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions, against the decision of the assembly of members to extend the duration of the group over the period initially fixed, if they have rights established by a title enforceable (2) When the opposition has been admitted, the members must decide, within one month from the date on which the decision has become irrevocable, whether they understand to give up the extension or exclude the debtor member of the opponent from the group. (3) In the latter case the rights due to the debtor member will be calculated on the basis of the last approved financial situation. (4) In case of appeal over the value of the rights of the member of the group subject to redemption, it shall be determined by an expert appointed by the parties or in the absence of their agreement, by the court, by irrevocable conclusion. + Article 176 If the group was constituted with capital, the reduction or its increase shall be carried out accordingly to the reduction or increase of the capital of the companies in collective names. + Section 7 Termination of membership. Exclusion and withdrawal of members of the economic interest + Article 177 (. The membership shall cease, where appropriate, by: a) exclusion; b) withdrawal; c) assignment of the parties of interest, under the law and of the articles of association; d) death, respectively the termination of legal personality, under the law. (2) It may be excluded from the economic interest group: a) the member who, who is late, does not make the contribution to which he or she obliged; b) the member in bankruptcy or who has become legally incapacitated; c) the member who mixes without right into administration, contravenes the provisions of art. 163 either disturbs or threatens the serious disturbance of the group's functioning; d) the administrator member who commits fraud to the detriment of the group or is served by the group's signature or its capital for the benefit of or e) the member against whom there is an enforceable title held by a third party who opposes the decision to extend the duration of the group, under the conditions provided in art. 175. + Article 178 (1) As soon as a member ceases to belong to a group, the administrators shall inform the other members of that fact and shall do the due diligence to make the mention in the trade register and publish in the Official Gazette of the Romania, Part IV. (2) If the administrators do not take the measures provided in par. (1), any person concerned may act in order to carry out such measures. + Article 179 (1) If the constituent act does not provide otherwise, the group shall continue to exist after a member has ceased this quality, under the conditions laid down in the articles of association or established with the unanimous consent of the remaining members. (2) Provisions of para. ((1) shall not affect the rights acquired by a person in accordance with the provisions of art. 169 169 para. ((1) and art. 186 186 para. ((2). + Article 180 ((. The exclusion shall be pronounced, at the request of the majority of the members of the group, if the constituent act does not provide otherwise, by judicial decision. (2) In the resolution of the exclusion request, the group and the respondent member will be quoted (3) As a result of the exclusion, the court will order, by the same decision, the structure of participation in the group's capital of the other members. (4) The final exclusion decision will be submitted, within 15 days, to the trade register office to be registered, and the device of the decision will be published, at the request of the group, in the Official Gazette of Romania, Part IV. + Article 181 (1) The excluded member is liable for losses and is entitled to benefits until the day of his exclusion, but he will not be able to ask for their liquidation until they are assigned according to the provisions of the articles of association. (2) The excluded member is not entitled to a proportional part of the group's assets, but only to a sum of money to represent its value at the time of its definitive exclusion. + Article 182 (1) The excluded member shall remain obliged to third parties for the operations made by the group until the day of the final stay of the exclusion decision. (2) If, at the time of exclusion are operations in the process of execution, the member is obliged to bear the consequences and will not be able to withdraw his due party until after the end of those operations. (3) The right to action against the excluded member, provided in par. (1), shall be prescribed within 5 years, which flows from the date of publication of the mention aimed at excluding it in the Official Gazette of Romania, Part IV. + Article 183 ((. Any member of the group may withdraw from the group: a) in cases provided for in the articles of association; b) with the consent of all other members c) in the absence of provisions in the articles of association or when the unanimous consent is not carried out, the member may withdraw for thorough reasons, based on a decision of the tribunal, subject only to the appeal, within 15 days of communication. (2) In the situation referred to in par. ((1) lit. c) the court will order, by the same decision, the structure of participation in the group's capital of the other members. (3) The rights of the withdrawn member, due to his parties of interest, shall be established by the agreement of the members or by an expert appointed by them or, in case of misunderstanding, by the court, by irrevocable conclusion. (4) The rights of the withdrawn member referred to in par. ((3), shall not be established in advance as a lump sum. (5) The provisions of art. 182 regarding the liability of the member excluded from the obligations arising from the activity of the group until the date of final stay of the exclusion decision shall be applied accordingly to the withdrawn member, as well as to the one to whom it ceases in another This quality. + Section 8 Dissolution, merger and division of the economic interest group + Article 184 (. The economic interest group shall be dissolved by: a) the time limit set for the duration of b) the impossibility of accomplishing the object of activity of the group or c) declaration of invalidity d) the decision of the assembly of members, adopted with the unanimous vote of the members, unless the constituent act has otherwise; e) the judgment of the tribunal, at the request of any member, for sound reasons, such as serious misunderstandings between members, which impede the functioning of the group and at the request of any competent public authority f) declaring bankruptcy of the group; g) other causes provided by law or the constitutive act of the group. (2) In the case provided in par. ((1) lit. a) the members must be consulted, at least 3 months before the expiry of the group's duration, on the possible extension of the group. In the absence, at the request of any of the members, the tribunal will be able to order, by irrevocable conclusion, the consultation + Article 185 (1) The group shall dissolve by entering into bankruptcy, failure, exclusion, withdrawal or death, respectively the termination of the legal personality, under the law, of one of the members, when, due to these causes, the number of members has reduced to one alone. (2) The case when in the articles of association there is a continuation clause with the heirs shall be exempted. + Article 186 (1) If a member dies and if there is no contrary convention, the group must pay the due party to the heirs, after the last approved financial situation, within 3 months of notification of the member's death, if the remaining members do not Unanimously decide to continue the group with the heirs who consent to it. ((. In the event of the death of a member, no other person may become a member in his place, unless the constituent act has otherwise or, in the absence of an express provision in this regard, only with the unanimous consent of the remaining members. (3) The heirs remain liable, according to art. 181, until the changes are published. + Article 187 (1) In case of dissolution of the group by decision of the members, they will be able to return, with the majority required for the amendment of the constitutive act, on the decision taken, as long as no distribution of the asset has been made. (2) The new decision is mentioned in the trade register, after which the trade register office will send it to the Official Monitor of Romania, for publication in Part IV, at the expense of the group. (3) Creditors and any interested party may object to the court against the judgment, under the conditions art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions. + Article 188 (1) The dissolution of the group must be entered in the trade register and published in the Official Gazette of Romania, Part IV, apart from the case provided for in art. 184 184 para. ((1) lit. a). (2) Registration and publication will be made according to art. 174, when the dissolution takes place on the basis of a decision of the general assembly, and within 15 days from the date on which the court decision became irrevocable, when the dissolution was delivered by the judiciary. (3) In the case provided for in art. 184 184 para. ((1) lit. f), the dissolution is pronounced by the syndic judge by the same conclusion by which the group's bankruptcy is decided. + Article 189 (1) The dissolution of the group has the effect of opening the liquidation procedure. The dissolution takes place without liquidation, in the case of the merger or the total division of the group or in other cases provided by law. (2) From the moment of dissolution, the administrators can no longer undertake new operations; otherwise, they are personally and jointly and severally liable for the operations they have undertaken. (3) The prohibition provided in par. ((2) shall apply from the day of expiry of the period fixed for the duration of the group or from the date on which the dissolution was decided by the general meeting or declared by the court (. The Group shall retain its legal personality for the operations of the liquidation until its termination. + Article 190 The dissolution of the group before the expiry of the term fixed for its duration has an effect on third parties only after the passage of a period of 30 days from the publication of the decision of the general meeting in the Official Gazette of Romania, Part IV + Article 191 The members of the group may decide, with the dissolution, with the quorum and the majority provided for the amendment of the articles of association, and the manner of liquidation of the group, when they agree on the distribution and liquidation of the group's assets and when it ensures the liability is extinguished or its regularization in agreement with creditors. + Article 192 ((. At the request of any interested person, the Tribunal shall be able to pronounce the dissolution of the group in cases a) the group no longer has statutory bodies or they can no longer meet; b) the group did not submit, no later than 6 months after the expiry of the legal deadlines, the annual financial statements or other acts that, according to the law, are submitted to the trade register office; c) the group has ceased its activity, it has no known headquarters or does not meet the conditions regarding the premises or the members have disappeared or do not have the known domicile or (2) Provisions of para. ((1) lit. c) are not applicable if the group has been in temporary inactivity announced to the tax authorities and registered in the commercial register. The duration of inactivity cannot exceed 3 years. (3) The decision of the court decision declaring the dissolution shall be recorded in the commercial register, shall be communicated to the general direction of the county public finances, respectively of the city of Bucharest, and shall be published in the Official Gazette of Romania, Part IV, at the expense of the holder of the dissolution request, which can be directed against the group. (4) In the case of several decisions of dissolution, for the situations provided in par. (1), the advertising will be able to be carried out in the Official Gazette of Romania, Part IV, in the form of a table comprising: the unique registration code, the name, the legal form and the headquarters of the dissolved group, the court that ordered the dissolution, the number the file, number and date of the dissolution decision. In these cases the publication rates in the Official Gazette of Romania are reduced by 50%. (5) Any interested person may appeal against the dissolution decision, within 30 days from the performance of the advertising under the conditions of par. ((3) and (4). Article 60 (1) ((3) and (4) of Law no. 31/1990 , republished, with subsequent amendments and completions, shall apply accordingly. (6) On the date of the final stay of the judgment of the tribunal the group will be removed from the trade register, ex officio, unless by the judgment of the tribunal it was ordered otherwise: + Article 193 (1) The merger is done by absorbing a group by another group or by merging twice as many groups to make up a new group. ((2) Diving is done by dividing the entire patrimony of a group that ceases to exist between two or more existing groups or that thus take into being. (. The Group shall not cease to exist if a part of its patrimony comes off and is transmitted to one or more existing legal persons or who are such a being. ((4) The groups in liquidation may merge or divide only if they have not started the distribution between members of the parties that would be due to their liquidation. + Article 194 (. The merger or division shall be decided by each group, under the conditions laid down for the amendment of the group's articles of association. (. If a new group is established by merger or division, it shall be constituted under the conditions laid down in this Title. + Article 195 The merger or division has the effect of dissolving, without liquidation, the group that ceases its existence and universal or universal transmission of the patrimony or to the group or groups resulting from merger/division, in the state in which it is finds on the date of the merger or division, in exchange for the assignment of their parties of interest to the members of the group that ceases and, possibly, a sum in money which may not exceed 10% of the nominal value of the assigned interest parties. + Article 196 On the basis of the decision of the general meeting of the members of each of the groups participating in the merger or the division, their administrators shall draw up a draft merger or division, which shall include: a) the name and seat of all groups participating in the operation b) the foundation and conditions of the merger or division; c) establishment and evaluation of the asset and liability, which shall be transmitted to the beneficiary groups; d) where appropriate, the arrangements for the surrender of the parties of interest and the date from which they entitle to dividends; e) the exchange ratio of the parties of interest and, where applicable, the amount of the sulta; f) the date of the merger/division financial situation, which will be the same for all participating groups; g) any other data that is of interest to the operation. + Article 197 (. The draft terms of merger or division, signed by the representatives of the participating groups, shall be submitted to the trade register office where each group is registered, accompanied by a declaration by the group which ceases to exist following the merger or division about how he decided to put out his passive. (2) The draft merger or division, targeted by the judge-delegate, shall be published in the Official Gazette of Romania, Part IV, at the expense of the parties, in full or in extract, according to the disposition of the judge-delegate or the request of the parties, with the days before the dates of the meetings in which the general meetings are to decide on the merger/division. + Article 198 ((1) Any creditor of the group merging or dividing, having a claim prior to the publication of the draft merger or division, may object under the conditions art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions. (2) The opposition suspends the execution of the merger or division until the date on which the court decision has become irrevocable, unless the debtor group makes proof of payment of debts or provides guarantees accepted by creditors or agrees with they an arrangement for the payment of debts ((3) Provisions art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions, remain applicable. + Article 199 ((. The administrators of the merging or dividing groups shall make available to the members, at the headquarters of the groups, at least one month before the date of the meeting of the general meeting: a) the draft terms of merger or division; b) the taking into account of the administrators, in which the necessity of mergers/division is justified from an economic and legal point of view, and the exchange ratio of the parties of interest will be established; c) the financial statements together with the management reports on the last three financial years, as well as 3 months before the date of the draft merger or division; d) report of censors; e) the record of contracts with values exceeding 100,000,000 lei, being executed, and their distribution, in case of division of the group. (2) Members will be able to obtain free copies of the documents listed in par. ((1) or extracted from them. + Article 200 In the case of the merger by absorption, the administrators of the absorbed group shall respond to the members of the group absorbed for the damage caused to them, due to errors committed in the merger operation. + Article 201 (1) Not later than two months after the expiry of the term provided for in art. 198 or, as the case may be, from the date on which the court decision became irrevocable, the general assembly of each of the participating groups shall decide on the merger or division. (. The constituent acts of the newly established groups by merger or division shall be approved by the general assembly of the group or groups which cease to exist. + Article 202 (1) The amending act of the constitutive act of the acquiring group shall be registered in the trade register in whose constituency the group is based and, as referred to by the delegated judge, shall be transmitted, ex officio, to the Official Monitor of Romania, to publication in Part IV, at the expense of the group. ((2) The advertising for the absorbed groups may be carried out by the absorbing group, in cases where those groups have not carried out within 15 days of the amendment of the amending act of the constitutive act of the absorbing group by the judge-delegate. + Article 203 The merger or division shall take place on the following dates: a) in the case of the formation of one or more new groups, at the date of registration in the commercial register of the new group or the last of them; b) in the other cases, at the date of registration in the trade register of the mention on the increase of the share capital of the absorbing + Article 204 In the case of merger by absorption, the absorbing group acquires the rights and is held by the obligations of the group it absorbs, and in the case of merger by merger, the rights and obligations of the groups that cease their existence pass on the new group thus established. + Article 205 (1) Groups acquiring goods through the effect of the division shall be liable to creditors for the obligations of the group which has ceased its existence by division, in proportion to the value of the assets acquired, unless the act of division has been set other proportions. (. If the group liable for an obligation cannot be established, the groups which have acquired goods by division shall be jointly and severally liable. ((3) The port of a part of the assets of a group to one or more existing groups or which so shall be established, in exchange for the parties of interest to be assigned to the members of that group to the beneficiary groups, shall be subject, accordingly, to the members of the the legal provisions on division, if it takes place by detachment according to art. 193 193 para. ((3). + Section 9 Liquidation of the economic interest group. Insolvency of the economic interest group + Article 206 (1) For the liquidation and distribution of the patrimony of the economic interest group, even if rules are provided for in the articles of association, the following rules shall be binding: a) Until the liquidators take over the office, the administrators shall continue their mandate, except provided for in art. 189 189; b) The act of appointment of liquidators or the sentence that holds its place and any subsequent act, which would bring changes in their person, must be submitted, through the care of the liquidators, to the trade register office, to be entered immediately and published in the Official Gazette of Romania, Part IV. (2) Only after the completion of the formalities in par. (1) the liquidators shall submit their signature specimen in the trade register and shall exercise this function. (3) Following the publication provided in par. (2) no action may be exercised for the group or against it except on behalf of the liquidators or against them. ((. Apart from the provisions of this Chapter, the rules shall apply to the groups in liquidation by the rules established by the articles of association and by law, in so far as they are not incompatible with the liquidation. ((5) All documents emanating from the group must show that it is in liquidation. + Article 207 (1) Liquidators will be able to be natural persons or legal entities. Liquidators of natural persons or permanent representatives, natural persons of the liquidating company must be authorized liquidators, under the law. ((2) Liquidators have the same responsibility as administrators. ((3) The liquidators are obliged, immediately after assuming office, that together with the administrators of the group to make an inventory and to conclude a financial situation that ascertain the exact situation of the group's asset and liability and to sign them. ((4) The liquidators are obliged to receive and preserve the group's patrimony, the registers entrusted to them by the administrators and the acts of the group. They will also keep a register with all the operations of the liquidation, in the order of their date. ((5) Liquidators shall fulfil their mandate under the control of persons who perform the power of censor. + Article 208 In the case of groups whose activity was carried out on the basis of the environmental permit provided for by Environmental Protection Law no. 137/1995 , republished, as amended, the liquidators are obliged to take measures to carry out the environmental balance provided by this law and to communicate the results of this review to the territorial agency for environmental protection. + Article 209 ((1) Apart from the powers conferred by the members, with the same majority required for their appointment, the liquidators will be able to: a) to stand trial and to be acted in the interest of liquidation; b) to execute and complete the patrimonial operations relating to the liquidation; c) to sell by public auction the buildings and any furniture assets of the group; d) to conclude transactions; e) to liquidate and collect the claims of the group, even if the debtors are subject to the regulated procedure of Law no. 64/1995 * *) on the procedure of judicial reorganization and bankruptcy, republished, with subsequent amendments, giving the receipt; f) to contract cambiale obligations, to make non-mortgage loans and to fulfill any other necessary acts. (2) They cannot, however, in the absence of special provisions in the articles of association or in their act of appointment, constitute mortgages on the assets of the group, if they are not authorized by the court, with the opinion of the persons who perform the act of censor. ((3) Liquidators who undertake new operations that are not necessary for the purpose of liquidation shall be personally and severally liable for their execution. Note
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* *) Law no. 64/1995 The rep was repealed by art. 156 of LAW no. 85 of April 5, 2006, published in the OFFICIAL GAZETTE no. 359 359 of 21 April 2006.
---------- + Article 210 ((1) The liquidators may not pay the members any amount in the account of the parties that would be due to them from liquidation, before the payment of the group's creditors. (2) Members, however, will be able to ask that the amounts withheld be deposited at the Savings House and Consemnations or at another bank or at one of their units and make the distribution of the parties of interest even during the liquidation, if, outside of what is necessary for the fulfilment of all obligations of the group, due or which will mature, remains an available of at least 10% of their amount. (3) Against the decisions of liquidators the creditors of the group may object to art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions. + Article 211 Liquidators who prove, by presenting the financial situation, that the funds available to the group are not sufficient to cover the chargeable liability must ask for the necessary amounts to the members. + Article 212 The liquidators who paid the debts of the group with their own money will not be able to exercise against the group higher rights than those belonging to the paid creditors. + Article 213 (1) The creditors of the group have the right to exercise against the liquidators the shares arising from the receivables reached, until the competition of the existing assets in the group's patrimony, and only after that of heading against the members. (2) Right to action against the members of the group, provided in par. (1), shall be prescribed within 5 years, which flows from the date of publication of the mention aimed at the termination of liquidation in the Official Gazette of Romania, Part IV. + Article 214 ((1) The liquidation of the group must be completed no later than 3 years after the dissolution date. For thorough reasons the tribunal may extend this term by no more than 2 years. (2) Within 15 days from the end of the liquidation, the liquidators will ask for the removal of the group from the commercial register, under penalty of a civil 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. The conclusion of the delegated judge will be final and enforceable. ((3) Radiation can also be done ex officio. ((4) The liquidation does not liberate the members and does not prevent the opening of the judicial reorganization and bankruptcy proceedings of the group. + Article 215 (1) After the approval of the accounts and the completion of the distribution of the registers and the acts of the group, which will not be necessary for any of the members, will be submitted to the member appointed by the majority or, if none of them wants, at the register office trade, at group expense. (2) The group registers will be kept for 5 years and will be able to be consulted by any interested party at its expense. + Article 216 (1) The appointment of liquidators shall be made by all members, unless otherwise provided in the articles of association. (2) If the unanimity of votes cannot be met, the appointment of liquidators will be made by the court, at the request of any member or administrator, with the hearing of all members and administrators. (3) The sentence may be declared only by members or administrators, within 15 days of delivery. + Article 217 (1) After the end of the liquidation of the group, the liquidators must draw up the financial situation of liquidation and propose the distribution of the asset between the members. (2) The disgruntled member may object, under the conditions art. 62 62 of Law no. 31/1990 , republished, with subsequent amendments and completions, within 15 days from the notification of the liquidation financial situation and the distribution project. (3) In order to resolve the opposition the problems related to liquidation will be separated from those of the distribution, to which the liquidators may remain foreigners. (4) After the expiry of the term provided in par (2) or after the sentence on the opposition has remained irrevocable, the financial situation of liquidation and the distribution shall be deemed approved and the liquidators shall be released. + Article 218 (1) The economic interest group, which is insolvent, will be subject to the procedure of judicial reorganization and bankruptcy, under the conditions established by Law no. 64/1995 * *) on the procedure of judicial reorganization and bankruptcy, republished, as amended. (2) Provisions of para. ((1) shall apply irrespective of the quality of trader or non-trader of the economic interest group. Note
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* *) Law no. 64/1995 The rep was repealed by art. 156 of LAW no. 85 of April 5, 2006, published in the OFFICIAL GAZETTE no. 359 359 of 21 April 2006.
---------- + Section 10 Bans. Sanctions + Article 219 (1) The directors of remuneration and any other amounts or advantages may be granted only on the basis of a decision of the general meeting. (2) It is forbidden to credit to the group its administrators, by means of operations, such as: a) the granting of loans to administrators; b) the granting of financial advantages to the administrators on the occasion or after the conclusion by the group with them of operations of delivery of goods, services or execution of works; c) guarantee, direct or indirect, in whole or in part, of any loans granted to the administrators, concurrent or subsequent to the granting of the loan; d) the guarantee, direct or indirect, in whole or in part, of the execution by the administrators of any other personal obligations of them towards third persons; e) the acquisition of a debt or payment, in whole or in part, of a claim related to a loan granted by a third party to the administrators or another personal benefit thereof. (3) The provisions of par. (2) are also applicable to the operations in which the husband, relatives or afinii are interested up to the fourth degree including the administrator; also the provisions of par. (2) are applicable if the operations concern a civil or commercial company in which one of the aforementioned persons is an administrator or director or holds, alone or together with one of the above-mentioned persons, a share of the % of the subscribed share capital. (4) The provisions of par. ((2) shall not apply: a) in the case of operations whose cumulative chargeable value is less than the equivalent in lei of the amount of 5,000 euros; b) if the operation is concluded by the group under the conditions of the current exercise of its activity, and the clauses of the operation are not more favorable to the persons mentioned in par. ((2) and (3) than those which, ordinarily, the group practices towards third parties. + Article 220 (1) The administrator who has in a certain operation, directly or indirectly, interests contrary to the interests of the group must notify the other administrators and the censors about it and not take part in any deliberation regarding it. operation. (2) The same obligation has the administrator if, in a certain operation, he knows that his wife, relatives or afinii are interested until the fourth degree inclusive. (3) The administrator who did not comply with the provisions of para. ((1) and (2) will respond to the damage resulting for the group. + Article 221 (1) If the articles of association are not otherwise ordered and subject to the provisions of art. 220 the estrangements, namely the acquisition of goods, carried out by administrators to or from the economic interest group before obtaining the approval of the general meeting, are hit by nullity. (2) Provisions of para. (1) shall also apply to rental or leasing operations. (3) The provisions of this Article are also applicable to operations in which one of the parties is the spouse of the administrator or relative or afin, up to and including the fourth degree, of the latter; also, if the operation is concluded with a company civil or commercial to which one of the aforementioned persons is an administrator or director or holds, alone or together, a share of at least 20% of the value of the subscribed share capital. + Article 222 Repealed. ----------- Article 222 has been repealed by point (a) 6 6 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 223 (1) Violation of the obligations provided in art. 152 constitutes contravention and is sanctioned with a fine from 5,000,000 lei to 10,000,000 lei. (2) The finding of contraventions and application of sanctions shall be made by the control bodies of the Ministry of Public Finance. (3) Contraventions provided in par. (1) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Article 224 Repealed. ----------- Article 224 has been repealed by point (a) 6 6 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 225 (1) It is punishable by imprisonment from 6 months to 3 years or with a fine the founder, administrator or legal representative of the group, who: a) use, in bad faith, goods or credit that the group enjoys for a purpose contrary to its interests or for its own benefit or to favor another legal person in which it has direct or indirect interests; b) it borrows, in any form, under conditions other than those expressly permitted by law, directly or through an interposed person, from the group it manages, from a company controlled by it or makes one of these legal entities give him any guarantee for own debts; c) violate the provisions of art 165 165 para. ((3). (2) It is punishable by imprisonment from one year to 5 years the person provided in par. ((1) which collects or pays dividends, in any form, from fictitious profits or which could not be distributed. ----------- Article 225 has been amended by section 6.6. 7 7 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 226 It is punishable by imprisonment from one month to one year or by fine the administrator or the legal representative of the group, which: a) meets the decisions of the general meeting relating to the merger or division of the company or to the reduction of the group's capital, before the expiry of the terms stipulated by law b) meets the decisions of the general meeting relating to the reduction of the group's capital, without the members being executed for carrying out the varsamant due or without having been exempted by the decision of the general meeting of payment Subsequent payments; c) fulfils the decisions of the general meeting relating to the merger, division, dissolution, reorganization or reduction of the share capital, without informing the judicial body or in violation of the prohibition established by him, if the the company has started the prosecution. ----------- Article 226 has been amended by section 4.2. 8 8 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 227 (1) It is punishable by imprisonment from one month to one year or by fine the administrator who: a) violate, directly or through persons interposed or by simulated acts, the provisions of art. 220 220; b) does not convene the general meeting in the cases provided by law c) issue negotiable securities representing parts of interest of a group of economic interest. (2) With the punishment provided in par. (1) the member of the economic interest group who violates the provisions of art. 162. + Article 228 It is punishable by imprisonment from 3 months to one year or with a fine the founder, administrator or censor who exercises his functions or duties in violation of the provisions of art. 120 120 para. ((3) and (4) relating to incompatibility. ----------- Article 228 has been amended by section 4.2. 9 9 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 229 Art. 223-227 shall also apply to the liquidator. + Article 230 It is punishable by imprisonment from one month to one year or by fine the liquidator who makes payments to associates in violation of the provisions of art. 210. + Article 231 Repealed. ----------- Article 231 has been repealed by point (a) 10 10 of art. 130, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter II European Economic Interest Groups + Article 232 (1) European groups of economic interest-GEIE, legal entities with patrimonial purpose, are recognized and can operate in Romania, pursuant to Council Regulation (EEC) no. 2.137/85 2.137/85 of 25 July 1985 on the establishment of the European Economic Interest Group (EEIG), published in the Official Journal of the European Communities no. L 199 of July 31, 1985, and of the present law. (2) European groups of economic interest registered in Romania may not have more than 20 members. ------------ Article 232 has been amended by section 4.2. 3 3 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 233 Repealed. ------------ Article 233 has been repealed by point (a) 4 4 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 (. The European Economic Interest Group shall be constituted by contract signed by all members and concluded in authentic form, called a constituent act. ((2) Within 15 days from the date of authentication of the constitutive act of the European economic interest group, the founders or administrators or a power of attorney shall require the registration of the group in the commercial register in whose radius territorial will have its headquarters, under the conditions Law no. 26/1990 on the trade register, republished, with subsequent amendments and completions, and of Law no. 359/2004 on the simplification of formalities when registering in the commercial register of natural persons, family associations and legal persons, their tax registration and the authorization of the officials of legal persons, with subsequent amendments and completions. (. European Economic Interest Groups shall acquire legal personality from the date of registration, which shall be carried out within 24 hours from the date of delivery of the conclusion of the judge-delegate authorising the registration of the group. ((4) The registration in the commercial register does not presume the commercial nature of the European economic interest group. (5) After the registration, the office of the trade register communicates, ex officio, an extract of the conclusion of the judge-delegate of the Autonomous Regia "Monitorul Oficial", for publication, at the applicant's expense. (6) After each amendment of the articles of association, the administrators shall submit to the trade register office in whose territorial area the seat of the European economic interest group is located, within 15 days, the amending act and the complete text of the the constitutive act in authentic form, updated with all amendments, which will be registered under the judgment of the judge-delegate. (7) The trade register office shall submit, ex officio, the amending act thus registered and a notification on the submission of the updated text of the articles of association to the Autonomous Regia "Monitorul Oficial", to be published in Part IV, on expenditure of the European Economic Interest Group. (8) The founders, respectively the administrators, jointly respond for any damage they cause by not fulfilling the obligations provided in par. ((1) and (3). ------------ Article 234 has been amended by section 6.6. 5 5 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 1 If the founders or representatives of the European economic interest group did not ask for their registration within the legal period, any member may ask the trade register office to carry out the registration, after, by notification or Recommended letter, has delayed the founders or representatives of the group, and they did not comply no more than 8 days after receipt. ------------ Art. 234 ^ 1 was introduced by item 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 2 ((. In the case of irregularities found after registration, the European economic interest group shall be obliged to take measures to remove them, no later than 8 days after the date of their finding. (2) If the European group of economic interest does not comply, any interested person may ask the court to oblige the bodies of the group, under penalty of payment of damages to the cominators, to remove irregularities found according to the provisions of par. ((1). ((3) The right to action for regularization is prescribed by the passage of a period of 6 months from the date of registration of the European group of economic interest. ------------ Art. 234 ^ 2 was introduced by section 4.2. 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 243 ^ 3 In any invoice, offer, order, tariff, prospectus, letter, announcement, publication or in other documents emanating from a European economic interest group, it must be stated its name, accompanied by the mention " European interest group economic "or the initials" GEIE ". ------------ Art. 234 ^ 3 was introduced by item 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 4 The invalidity of a European economic interest group registered in the trade register may be declared by the court only where: a) lack of the constituent act or when it has not been concluded in authentic form; b) all the founders were, according to the law, incapable, at the date of the formation of the c) the object of activity of the group is illicit or contrary to public order; d) lack the conclusion of the group's registration-delegate; e) lack of legal administrative authorization for the formation of the group, in cases where this authorization is provided in the special laws for carrying out certain activities, such as banking or insurance; f) the constituent act does not provide the name, seat and object of activity of the group ------------ Art. 234 ^ 4 was introduced by section 4. 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 5 Nullity cannot be declared if its cause, invoked in the request for annulment, has been removed before conclusions are made on the merits of the court, unless the nullity is caused by the wrongful nature or contrary to the order. public of the object of the European economic interest group. ------------ Art. 234 ^ 5 was introduced by section 4.2. 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 6 (. The Court of First Instance with a request for a declaration of invalidity may, on its own motion, establish a time limit for the ((2) If, for the coverage of invalidity, it is necessary to convene the members of the European economic interest group or to communicate to them the text of the draft decision together with the related documentation, the tribunal will grant, by closure, the time required for the members to adopt the decision. ------------ Article 234 ^ 6 was introduced by the section 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 7 (1) On the date on which the court decision declaring a declaration of invalidity has become irrevocable, the European economic interest group shall be dissolved and shall enter into liquidation. (2) The judicial decision declaring a nullity shall also be called the liquidators of the European economic interest group. (3) The Tribunal will communicate the device to this decision to the trade register office, which, after registering the mention, will send it for publication in the Official Gazette of Romania, Part IV. ------------ Article 234 ^ 7 was introduced by the section 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 8 The European Economic Interest Group may not issue shares, bonds or other negotiable securities. ------------ Art. 234 ^ 8 was introduced by section 4.2. 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 234 ^ 9 (. A legal person may be appointed or elected administrator of a European economic interest group. (2) The administrators shall be jointly and severally liable for the fulfilment of all obligations laid down in their task by Council Regulation no. 2137/85 2137/85 of 25 July 1985 on the establishment of the 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 Association. ------------ Article 234 ^ 9 was introduced by the section 6 6 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 235 (1) European economic interest groups may establish in Romania subsidiaries, as well as branches, representative offices and other units without legal personality. (2) The establishment of branches or branches in Romania will be subject to all provisions regarding the registration, mention and publication of the documents and facts required for the Romanian economic interest groups. (3) European economic interest groups are not subject to the authorisation provided for by Decree-Law no. 122/1990 on the authorization and functioning in Romania of the representative offices of companies and foreign economic organizations, with subsequent amendments and completions. ((. Applications for registration shall also indicate: a) the name of branches/branch and the name and seat of the European economic interest group; b) the activity of the branch/branch, specifying the main domain and activity, as well as the commercial or non-commercial nature of the activity; c) the name and quality of persons who may represent the European economic interest group, as well as those of those who are directly involved in the activity of the branch/branch; d) the powers conferred on the representatives and whether they are to exercise them together or separately; e) the accounting documents of the European economic interest group, verified and published according to the legislation of the state in which it is based. (5) The registration and particulars relating to: a) the opening of a judicial or extrajudicial insolvency proceedings on the European economic interest group; b) the dissolution of the European economic interest group, the name/name and powers of its liquidators; c) closure of the branch/branch. (6) All these formalities will be made at the trade register office at the branch or branch office. (7) If a European economic interest group establishes several branches in Romania, the founding documents and other acts of the same European group, necessary for the registration of a branch, shall be submitted only to one of the branches. + Article 236 ((1) The representative or representatives of the branch of a European economic interest group shall respond individually or severally, as the case may be, to the group or to third parties, for violating the legal provisions governing the groups of economic interest, for non-compliance with the provisions of the articles of association, or for culpe in the activity carried out, which caused damage (2) If several representatives can be held responsible for the same facts, the tribunal will determine the contribution of each to the compensation of the damage. + Article 237 The annual revenue of the branch of a European economic interest group shall be taxed in accordance with the provisions of Government Ordinance no. 24/1996 on the income tax on Romanian representative offices of companies and foreign economic organizations, approved and modified by Law no. 29/1997 ,, as amended. + Article 237 ^ 1 (. The seat of the European Economic Interest Group may be moved to another Member State, by decision of the members of the group, taken unanimously. (2) The draft decision referred to in par. (1) will be communicated, through the care of the administrators, within 15 days from the elaboration, to the trade register office at the headquarters of the European economic interest group, in order to mention the transfer intention in the trade register. The Trade Register Office will submit the draft for publication in the Official Gazette of Romania, Part IV. (3) Within two months from the date of publication of the project in the Official Gazette of Romania, Part IV, any interested person may object, for reasons of public order, under the conditions Law no. 31/1990 , republished, with subsequent amendments and completions. (4) The irrevocable court decision to settle the opposition to the draft transfer decision of the seat shall be mentioned, ex officio, in the commercial register. (5) After the final stay of the court decision rendered with the observation of the provisions of para. ((3) or the expiry of the time limit for the introduction of the oppositions, the European Economic Interest Group will be able to adopt, with the unanimity of the votes of its members, the decision (6) The transfer decision will take effect from the date of registration of the European economic interest group in the register corresponding to the new establishment. ((7) Radiation of the European economic interest group from the trade register is only possible after the presentation of proof of the registration of the group in the register of the Member State of destination ((8) Until the mention is made of the deletion of the European economic interest group from the commercial register, third parties may rely on the headquarters of the group in Romania, unless the group proves that they have known the existence of the headquarters of the Member State of destination ------------ Art. 237 ^ 1 was introduced by item 7 7 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Article 237 ^ 2 The registration and/or deletion in/from the trade register of a European Economic Interest Group shall be published in the Official Journal of the European Union. The Office of the Trade Register at the headquarters of the Group shall, ex officio, send a statement to the Office of Official Publications of the European Communities for its publication in the Official Journal of the European Union. ------------ Art. 237 ^ 2 was introduced by item 7 7 of art. II of EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.036 1.036 of 28 December 2006. + Chapter III Final provisions + Article 238 This title shall enter into force 90 days from the date of publication of the law in the Official Gazette of Romania. + Book II Amending some regulations to prevent and combat corruption + Title I Ensuring transparency in the exercise of public functions, preventing and combating corruption + Article I Law no. 78/2000 *) for the prevention, discovery and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 219 of 18 May 2000, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law no. 78/2000 has been amended until 12 November 2009 by LAW no. 521 521 of 24 November 2004 , EMERGENCY ORDINANCE no. 124 124 of 6 September 2005 , EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 and by LAW no. 69 69 of 26 March 2007. Direct changes to the Law no. 78/2000 are found in the updated forms of this normative act.
---------- 1. Paragraph 1 of Article 5 shall read as follows: "" Art. 5. -(1) In the meaning of this law, there are crimes of corruption referred to in art. 254-257 of the Criminal Code, at art. 6 ^ 1 and 8 ^ 2 of this law, as well as the crimes provided in special laws, as specific ways of the crimes provided in art. 254-257 of the Criminal Code, and to art. 6 6 ^ 1 and 8 ^ 2 of this Law. " 2. in Article 5, after paragraph 3, paragraph 4 is inserted as follows: " (4) The provisions of this Law are also applicable to crimes against the financial interests of the European Communities provided for in 18 ^ 1-18 ^ 5, by sanctioning the protection of funds and resources of the European Communities. " 3. Article 6 shall be inserted after Article 6, with the following contents: "" Art. 6 6 ^ 1. -(1) The promise, the offering or the giving of money, of gifts or other benefits, directly or indirectly, to a person who has influence or leave to believe that he has influence over an official, to determine him to do or not to do an act entering into His duties are punishable by imprisonment from 2 to 10 years. (2) The Faptor shall not be punished if he denounces the authority of the act before the prosecution body has been notified for that act. (3) The money, values or any other goods that have been the subject of the crime provided in par. (1) it is confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. (4) The money, the values or any other goods shall be returned to the person who gave them in the case provided in par. ((2). ' 4. Paragraph 3 of Article 7 shall read as follows: " (3) If the offences referred to in art. 256 and 257 of the Criminal Code, as well as the crimes provided in art. 6 ^ 1 and 8 ^ 2 of this law were committed by one of the persons mentioned in par. ((1) and (2), the special maximum of the sentence shall be increased by 2 years. " 5. Article 8 shall read as follows: "" Art. 8. -It constitutes the crimes provided in art. 254-257 of the Criminal Code, art. 6 ^ 1 and 8 ^ 2 of this law and the facts criminalized in these texts committed by managers, directors, administrators, censors or other persons with control duties at companies, companies and national companies, autonomous regions and at any other economic agents. ' 6. After Article 8, Articles 8 ^ 1 and 8 ^ 2 are inserted with the following contents: "" Art. 8 8 ^ 1. -The provisions of art. 254-257 of the Criminal Code and art. 6 ^ 1 and 8 ^ 2 of this Law shall also apply accordingly to the following persons: a) officials or persons operating on the basis of a contract of employment or other persons exercising similar duties within an international public organization to which Romania is a party; b) members of parliamentary assemblies of international organizations to which Romania is a party; c) officials or persons operating on the basis of a contract of employment or other persons exercising similar duties in the European Communities; d) persons exercising judicial functions in international courts whose competence is accepted by Romania, as well as officials from the grafts of these courts; e) officials of a foreign state; f) members of parliamentary or administrative assemblies of a foreign state. Art. 8 ^ 2. -The promise, offering or giving, directly or indirectly, of money or other benefits to an official of a foreign state or of an international public organization, in order to fulfill or not perform an act regarding his duties, in order to obtain an undue benefit in international economic operations, it shall be punishable by imprisonment from one to seven years. " 7. Article 13 shall read as follows: "" Art. 13. -The deed of the person who performs a leading position in a party, in a trade union or patronage or within a legal person without patrimonial purpose, to use the influence or his authority for the purpose of obtaining for himself or for another of money, goods or other undue benefits, is punishable by imprisonment from one to 5 years. " 8. Article 13 (1) shall be inserted after Article 13: "" Art. 13 13 ^ 1. -The crime of blackmail, provided in art. 194 of the Criminal Code, in which a person is involved among those provided in art. 1, is punishable by imprisonment from 7 to 12 years. " 9. In Article 17, after letter d), the letter d ^ 1 is inserted) with the following contents: "" d ^ 1) blackmail, committed in connection with the offences set out in sections 2 and 3; ' 10 10. The letter e) of Article 17 shall read as follows: " e) the money laundering offences set out in Law no. 656/2002 for the prevention and sanctioning of money laundering, when money, goods or other values come from the commission of a crime provided for in sections 2 and 3; " 11 11. The letter g) of Article 17 shall read as follows: " g) offences set out in Law no. 87/1994 to combat tax evasion, as amended, committed in connection with the offences set out in sections 2 and 3; ' 12 12. Letter i) of article 17 shall read as follows: " i) drug trafficking, trafficking of toxic substances and non-compliance with the regime of firearms and ammunition, committed in connection with an offence provided for in sections 2 and 3; ' 13. in Article 17, after letter i) the letters j) and k) shall be inserted as follows: " j) human trafficking offences set out in Law no. 678/2001 on the prevention and combating of trafficking in human beings, committed in connection with a criminal offence set out in sections 2 and 3; k) the offence provided in Government Emergency Ordinance no. 159/2001 to prevent and combat the use of the financial and banking system for the purpose of financing terrorist acts, approved by Law no. 466/2002 , committed in connection with a criminal offence set out in sections 2 and 3. ' 14 paragraphs 1 and 2 of Article 18 shall read as follows: "" Art. 18. -(1) The offences referred to in art. 17 lit. a)-d ^ 1) is sanctioned with the penalties provided for in the Criminal Code for these crimes, the maximum of which is increased by 2 years. ((2) The offences provided for in art. 17 lit. e) is sanctioned with the penalties provided for in Law no. 656/2002 for the prevention and sanctioning of money laundering, the maximum of which is increased by 3 years. " 15. Paragraph 4 of Article 18 shall read as follows: "" (4) The offences provided for in art. 17 lit. g) is sanctioned with the penalties provided for in Law no. 87/1994 to combat tax evasion, as amended, the maximum of which is increased by 2 years. " 16. Paragraph 6 of Article 18 shall read as follows: " (6) The offences referred to in art. 17 lit. i) on drug trafficking is sanctioned with the penalties provided for in Law no. 143/2000 on the fight against trafficking and illicit use of drugs, the maximum of which is increased by 2 years, the crime of trafficking in toxic substances is sanctioned with the punishment provided for in art. 312 of the Criminal Code, the maximum of which is increased by 2 years, and the crime of non-compliance with the regime of weapons and ammunition is sanctioned with the penalties provided for in art. 279 279 of the Criminal Code whose maximum is increased by 2 years. " 17. in Article 18, paragraphs 7 and 8 shall be inserted as follows: " (7) The offences referred to in art. 17 lit. j) on human trafficking is sanctioned with the penalties provided for in Law no. 678/2001 on preventing and combating trafficking in human beings, the maximum of which is increased by 2 years. (8) The offence provided for in art. 17 lit. k) is sanctioned with the punishment provided for in Government Emergency Ordinance no. 159/2001 to prevent and combat the use of the financial and 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, after Article 18, insert Section 4 ^ 1 with the following contents: "" SECTION 4 ^ 1 Offences against the European Communities ' financial interests Art. 18 ^ 1. --(1) The use or presentation of false, inaccurate or incomplete documents or statements, which results in the unfair obtaining of funds from the general budget of the European Communities or from the budgets administered by them or on their behalf, shall be punishes with imprisonment from 3 to 15 years and prohibition of some rights. (2) With the same punishment, the omission to provide, with science, the data required according to the law for obtaining funds from the general budget of the European Communities or from the budgets administered by them or on their behalf, if the act has as a result of unfairly obtaining these funds. (3) If the facts provided in par. (1) and (2) have produced particularly serious consequences, the sentence is imprisonment from 10 to 20 years and the prohibition of some rights. Article 18 ^ 2. -(1) The change, without complying with the legal provisions, of the destination of funds obtained from the general budget of the European Communities or from the budgets administered by them or on their behalf is punishable by imprisonment from 6 months to 5 years. (2) If the act provided in par. (1) has produced particularly serious consequences, the sentence is imprisonment from 5 to 15 years and the prohibition of some rights. ((3) The change, without complying with the legal provisions, of the destination of a legal use obtained, if the act results in the illegal reduction of resources from the general budget of the European Communities or from the budgets administered by them or on behalf to them, is sanctioned with the punishment provided in par. ((1). Art. 18 ^ 3. --(1) The use or presentation of false, inaccurate or incomplete documents or statements, which results in the illegal reduction of resources from the general budget of the European Communities or from the budgets administered by them or on their behalf, shall be punishes with imprisonment from 3 to 15 years and prohibition of some rights. (2) With the same punishment, the failure to provide, with science, the data required according to the law is sanctioned, if the act results in the illegal reduction of resources from the general budget of the European Communities or from the budgets administered by them or on their behalf. (3) If the facts provided in par. (1) and (2) have produced particularly serious consequences, the sentence is imprisonment from 10 to 20 years and the prohibition of some rights. Article 18 ^ 4. -Attempted crimes provided in art. 18 ^ 1-18 ^ 3 is punishable. Art. 18 ^ 5. -Breach of fault, by the director, administrator or person with powers of decision or control within an economic agent, of a duty of service, by not fulfilling it or by fulfilling it defective, if it had as result of one of the offences provided in art. 18 ^ 1-18 ^ 3 or the commission of a corruption or money laundering crime in connection with the funds of the European Communities, by a person subordinated to him and acting on behalf of that economic agent, shall be punished with imprisonment from 6 months to 5 years and prohibition of some rights. " 19. Article 22 shall read as follows: "" Art. 22. -In the case of the crimes provided for in this law, the prosecution shall be made mandatory by the prosecutor. " 20. Paragraph 3 of Article 25 shall be repealed. 21. Article 26 shall read as follows: "" Art. 26. -Banking and professional secrecy, except for the professional secrecy of the lawyer exercised under the law, are not opposable to the prosecutor, after the start of the prosecution, nor to the court. The data and information requested by the prosecutor or the court shall be communicated at the written request of the prosecutor, during the prosecution, or of the court, in the course of the trial. " 22. Article 27 shall read as follows: "" Art. 27. -(1) When there are strong indications regarding the commission of one of the crimes provided for in this law, in order to collect evidence or identify the perpetrator, the prosecutor may authorize reasoned, for a duration of no more than 30 days: a) the supervision of bank accounts and their assimilated accounts; b) surveillance or interception of communications; c) access to information systems; d) communication of documents, bank documents, financial or accounting documents. (2) For thorough reasons the authorization provided in par. ((1) may be extended, under the same conditions, each extension not exceeding 30 days. Maximum duration of the measures provided in par. ((1) lit. a)-c) authorized is 4 months. (3) During the judgment, the court may order the extension of the measures provided in par. (1), by reasoned conclusion. (4) Provisions art. 91 ^ 1-91 ^ 5 of the Code of Criminal Procedure shall apply accordingly. " 23. Article 29 shall read as follows: "" Art. 29. -(1) For the trial in the first instance of the offences provided for in this Law, specialized complete shall be constituted. (2) In judges, courts and courts of appeal, the specialized panels consist of 2 judges. " 24. in Article 31, after paragraph 1, paragraph 2 is inserted as follows: "" (2) Provisions Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, with subsequent amendments and completions, shall also apply accordingly to this law, in so far as it does not provide otherwise. " 25. Article 32 shall be repealed. + Article II Government Emergency Ordinance no. 43/2002 *) on the National Anticorruption Prosecutor's Office, published in the Official Gazette of Romania, Part I, no. 244 of 11 April 2002, approved with amendments and additions by Law no. 503/2002 ,, amend and supplement as follows: Note
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* *) Government Emergency Ordinance no. 43/2002 has been amended until 12 November 2009 by EMERGENCY ORDINANCE no. 102 102 of 24 October 2003 , LAW no. 26 26 of 5 March 2004 , EMERGENCY ORDINANCE no. 24 24 of 21 April 2004 , EMERGENCY ORDINANCE no. 103 103 of 16 November 2004 , LAW no. 601 601 of 16 December 2004 , LAW no. 247 247 of 19 July 2005 , EMERGENCY ORDINANCE no. 120 120 of 1 September 2005 , EMERGENCY ORDINANCE no. 134 134 of 29 September 2005 , LAW no. 383 383 of 16 December 2005 , LAW no. 35 35 of 1 March 2006 , LAW no. 54 54 of 9 March 2006 , EMERGENCY ORDINANCE no. 27 27 of 29 March 2006 , JUDGMENT no. 655 655 of 24 May 2006 , LAW no. 356 356 of 21 July 2006 , EMERGENCY ORDINANCE no. 60 60 of 6 September 2006 , DECISION no. 365 365 of 17 March 2009 . Direct changes brought on Government Emergency Ordinance no. 43/2002 are found in the updated forms of this normative act.
---------- 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 led by a prosecutor general and is coordinated by the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice. The Prosecutor General of the National Anti-Corruption Prosecutor's Office is assimilated to the first deputy of the Prosecutor General of the Prosecutor's Office of the Supreme Court 2 2. The letter a) of paragraph 1 of Article 3 shall read as follows: " a) the prosecution, under the conditions laid down in the Code of Criminal Procedure, in Law no. 78/2000 for the prevention, discovery and sanctioning of corruption and in the present emergency ordinance, for the offences provided for in Law no. 78/2000 which are, according to art. 13, in the competence of the National Anti-Corruption Prosecutor 3. in Article 3, after paragraph 2, paragraph 3 is inserted as follows: " (3) In the exercise of his duties, the Prosecutor General of the National Anti-Corruption Prosecutor's Office issues orders. 4. Paragraph 1 of Article 4 shall read as follows: "" Art. 4. -(1) The National Anti-Corruption Prosecutor's Office is headed, according to the 1 1 para. (3), by an attorney general, assisted by a deputy attorney general, assimilated to the deputy prosecutor general of the Prosecutor's Office of the Supreme Court of Justice. " 5. in Article 4, after paragraph 1, the following paragraph 1 shall be inserted: "(1 ^ 1) In his activity, the Prosecutor General of the National Anti-Corruption Prosecutor's Office is helped by 2 prosecutors councillors, assimilated to prosecutors of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice." 6. Paragraph 3 of Article 4 shall read as follows: " (3) The financing of current and capital expenditures of the National Anti-Corruption Prosecutor's Office shall be ensured from the state budget, through the budget of the The funds allocated to the National Anti-Corruption Prosecutor's Office are distinctly approved by the Parliament as an annex to the budget 7 paragraphs 1 and 2 of Article 5 shall read as follows: "" Art. 5. -(1) At the central level the National Anti-Corruption Prosecutor's Office is organized in wards led by prosecutors heads of section, namely: a) the corruption fighting section; b) the section for combating crimes related to corruption crimes; c) criminal judicial section. (2) Within the National Anticorruption Prosecutor's Office at central level, services and offices can be organized, by order of the Prosecutor General of the National Anti-Corruption Prosecutor's Office 8. in Article 5, after paragraph 3, paragraph 4 is inserted as follows: " (4) Judicial police officers are organized in a brigade led by a quaestor, subordinated to the Prosecutor General of the National Anti-Corruption Prosecutor's Office, and specialists assigned to the National Anti-Corruption Prosecutor's Office are organized into services and offices, by order of the Prosecutor General of the National Anticorruption Prosecutor's Office 9. Paragraph 1 of Article 7 shall read as follows: "" Art. 7. -(1) The territorial services of the National Anti-Corruption Prosecutor's Office shall be established at the level of the prosecutor's offices. " 10. Paragraph 3 of Article 7 shall read as follows: " (3) The number of prosecutors, judicial police officers and specialists referred to in art. 6, classified in the territorial services provided in par. (1), is established by the Prosecutor General of the National Anti-Corruption Prosecutor's Office, for each service, depending on the volume and complexity of the prosecution activity, within the limit of the total number of approved posts. " 11. in Article 7, after paragraph 3, paragraph 4 is inserted as follows: " (4) Within the territorial services of the National Anti-Corruption Prosecutor's Office, offices and other departments of activity can be organized, by order of the Prosecutor General of the National Anti-Corruption Prosecutor's Office 12. Article 13 shall read as follows: "" Art. 13. -(1) I am within the competence of the National Anti-Corruption Prosecutor's Office, which operates at central level, Law no. 78/2000 , committed in one of the following conditions: a) if, regardless of the quality of the persons who committed them, they caused a material damage greater than the equivalent in lei of 100,000 euros or a particularly serious disturbance of the activity of a public authority, public institutions or any other legal persons or if the value of the amount or of the good that forms the object of the corruption offence is higher than the equivalent in lei of 10,000 euros; b) if, regardless of the value of the material damage or the gravity of the disturbance to a public authority, public institutions or any other legal person or the value of the amount or property forming the object of the corruption offence, are committed by the deputies, senators, members of the Government, secretaries of state and their assimilations, the judges of the Supreme Court of Justice, the Constitutional Court, the President of the Legislative Council, the Ombudsman, the presidential advisers and state councilors of the Presidential Administration, advisers of state of the Prime Minister, members, judges, prosecutors and financial controllers of the Court of Accounts, Governor and Deputy Governor of the National Bank of Romania, President of the Competition Council, other magistrates, senior officers, admirals, generals, marshals, quaestors, chief quaestors, deputy chief quaestors and chief quaestors, subcommissioners, commissioners and chief commissioners, presidents and vice presidents of county councils, general mayor and deputy mayors of Bucharest, mayors and deputy mayors of the sectors of Bucharest and mayors and deputy mayors of the county seat municipalities, prefects, sub-prefects, persons with management and control positions within the central public authorities, public notaries, Commissioner General of the Financial Guard and Chief Commissioners of the Financial Guard county, members of the boards and persons holding senior positions from the director including, within the autonomous regions of national interest, companies and national companies, banks and companies to which the state is a majority shareholder, public institutions that have powers in the of privatization and of central financial and banking units, as well as persons referred to in art. 8 ^ 1 of Law no. 78/2000 . (2) I am within the competence of the territorial services of the National Anti-Corruption Prosecutor's Office, which operates at the level of the prosecutor's offices Law no. 78/2000 , committed in one of the following conditions: a) if, regardless of the quality of the persons who committed them, they caused a material damage greater than the equivalent in lei of 10,000 euros, but not higher than the equivalent in lei of 100,000 euros or if the value of the amount or good that forms the object of the crime of corruption is higher than the equivalent in lei of 3,000 euros, but not higher than the equivalent in lei of 10,000 euros; b) if, regardless of the value of the material damage or the amount or value of the good that forms the object of the crime of corruption, are committed by judicial liquidators, commissioners of the Financial Guard, sub-inspectors, inspectors, inspectors principal, police officers, regardless of professional degree, customs personnel, judges, prosecutors and financial controllers of the county chambers of accounts, bailiffs, county and local councillors, mayors and deputy mayors cities other than those referred to in par. ((1) lit. b), persons with management and control positions within the local public authorities. (3) The specialized prosecutors of the National Anti-Corruption Prosecutor's Office shall make mandatory the prosecution for the crimes provided in par. ((1) and (2). (4) Criminal prosecution in the cases concerning the offences referred to in par. (1) and (2) committed by the military shall be carried out by military prosecutors from the National Anti-Corruption Prosecutor's Office. (5) I am within the competence of the prosecutor's offices of the courts, according to the provisions of the Code of Criminal Procedure, Law no. 78/2000 which are not given, according to par. ((1) and (2), in the competence of the National Anticorruption Prosecutor's Office 13. Article 13 (1) shall be inserted after Article 13: "" Art. 13 13 ^ 1. -The jurisdiction of judgment on crimes committed by prosecutors in the National Anti-Corruption Prosecutor's Office lies with the competent court to judge, according to the law, the crimes committed by prosecutors from prosecutors ' offices near the courts of appeal and The Prosecutor's Office of the Supreme Court of Justice. " 14. Article 22 (1) shall be inserted after Article 22: "" Art. 22 22 ^ 1. -The ordinances ordering the preventive arrest and indictments drawn up by prosecutors from the territorial services of the National Anti-Corruption Prosecutor's Office are confirmed by the chief prosecutors of these services, those prepared by The chief prosecutors of the territorial services, as well as those prepared by the prosecutors of the central structure of the National Anti-Corruption Prosecutor's Office are confirmed by the chief prosecutors When the ordinances ordering the preventive arrest and the indictments are drawn up by the chief prosecutors of the sections of the National Anti-Corruption Prosecutor's Office, the confirmation is made by the prosecutor general of this prosecutor's office. " 15. Article 23 shall read as follows: "" Art. 23. -Persons remanded in custody in cases of competence of the National Anti-Corruption Prosecutor's Office are held in specific places established within the National Anti-Corruption Prosecutor's Office, served by detached personnel from the General Directorate of Prisons or as the case may be, in the remand sections of prisons. " 16. Article 25 shall read as follows: "" Art. 25. -In order to consult each other in the case of crimes of competence of the National Anti-Corruption Prosecutor's Office and the exchange of data and information on the investigation and prosecution of these crimes, a liaison office with institutions similar in other states. " 17. Article 26 shall be repealed. 18 18. Letters a), d) and e) of Article 27 shall read as follows: " a) 98 posts of prosecutors; d) 70 positions of specialized auxiliary personnel; e) 63 posts of economic and administrative personnel. " 19 paragraphs 1, 2 and 3 of Article 28 shall read as follows: "" Art. 28. -(1) Prosecutors from the National Anti-Corruption Prosecutor's Office are salarized with the allowances provided in Annex no. 1 1, head. A, no. crt. 2 2-11 to Government Emergency Ordinance no. 177/2002 on the salarization and other rights of magistrates. ((2) Specialists referred to in art. 11 are salarized with the allowance provided for in Annex no. 1 1, head. B, no. crt. 9 9 to Government Emergency Ordinance no. 177/2002 , this being the only form of payroll. Specialists who have the position of head office or head office are salarized with the allowance corresponding to the position of chief prosecutor service and, respectively, chief prosecutor office of the prosecutor's offices of the appellate courts. (3) Judicial police officers referred to in art. 10 are salarized with the allowance provided for in Annex no. 1 1, head. A, no. crt. 18 18 to Emergency Ordinance no. 177/2002 , this being the only form of payroll. Police officers who have the position of head of service and head of office are salarized with the allowance corresponding to the position of chief prosecutor and, respectively, chief prosecutor office of the prosecutor's offices of the Court of Appeal. " + Article III Law no. 115/1996 *) on the declaration and control of the wealth of dignitaries, magistrates, civil servants and persons with management positions, published in the Official Gazette of Romania, Part I, no. 263 of 28 October 1996, shall be amended and supplemented as follows: Note
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* *) Law no. 115/1996 has been amended until 12 November 2009 by EMERGENCY ORDINANCE no. 24 24 of 21 April 2004 , EMERGENCY ORDINANCE no. 14 14 of 3 March 2005 , LAW no. 144 144 of 21 May 2007 , EMERGENCY ORDINANCE no. 49 49 of 30 May 2007 and of LAW no. 94 94 of 14 April 2008 . Direct changes brought on Law no. 115/1996 are found in the updated forms of this normative act.
---------- 1. The title of the law will read: " LEGE for the declaration and control of the wealth of dignitaries, magistrates, persons with management and control positions and civil servants " 2. Article 1 shall read as follows: "" Art. 1. -The obligation to declare assets for dignitaries, magistrates and their assimilations, persons with management and control positions provided for in this law and for civil servants, as well as the procedure of controlling their assets in where there is definite evidence that certain goods or values have not been acquired in a lawful manner. ' 3. Article 2 shall read as follows: "" Art. 2. -(1) The President of Romania, the deputies, the senators, the members of the Government, the presidential advisers, the state counselors, the secretaries of state, the state subsecretaries, as well as their assimilations, the magistrates and their assimilations, the county councillors and local, mayors, deputy mayors, prefects, sub-prefects, persons with management and control positions and civil servants operating within central or local public authorities or within public institutions or of public interest, staff assigned to the dignitary's office, members boards of directors and persons holding management positions, from the director, including, up, within the autonomous regions of national or local interest, of companies and national companies, to companies to which his or her State an authority of the local public administration is a shareholder, public institutions involved in carrying out the privatization process, the National Bank of Romania, the banks to which the state is a majority shareholder, have the obligation to declare their wealth, in conditions of this law (2) The obligation to declare wealth returns, under the conditions of this law, to persons who are appointed by the President of Romania, Parliament or Prime Minister. " 4. Article 4 shall read as follows: "" Art. 4. -(1) The declaration of assets shall be filed as follows: a) The President of Romania, the presidential advisers and the state councilors shall submit the declaration of assets to the head of the Presidential Administration b) Presidents of the Houses of Parliament, Members and Senators shall submit their declaration of assets to the Secretary-General of the Chamber of which they belong c) Prime Minister, members of the Government, secretaries of state, state subsecretaries and their assimilates, as well as state councillors from the working apparatus of the Prime Minister submit the declaration of wealth to the Secretary General of the Government; d) the magistrates and their assimilates submit the declaration of assets to the Superior Council of Magistracy; e) persons referred to in art. 2 2 para. ((2) submit the declaration of assets to the secretariats of the public authorities or institutions of which they belong; f) county and local councillors, as well as mayors and deputy mayors submit the declaration of wealth to the secretaries of administrative-territorial units; g) prefects and sub-prefects submit the declaration of wealth to the secretary-general of the prefecture; h) persons with management and control functions provided for in art. 2 2 para. (1), civil servants and staff assigned to the dignitary's office shall submit the declaration of wealth to the human resources department within the public authorities, public institutions or, as the case may be, 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 authorities or central public institutions, prefectures or county councils, as the case may be, or in the Official Gazette of Romania, Part a III, within 30 days of the date of filing. The publication expenses shall be borne by the legal entities to which the persons referred to in art. 2. (3) The person designated to receive and keep the declarations of wealth shall issue to the depositor a proof of receipt and take measures to ensure their publication, according to the provisions of par. ((2). ' 5. Paragraph 2 of Article 5 shall be repealed. 6. Paragraph 1 of Article 6 shall read as follows: "" Art. 6. -(1) Persons referred to in art. 2 have the obligation that, annually, if they acquire goods of the nature of those set out in the Annex, they shall update their declaration of assets. Also, at the end of the mandate or at the end of the activity, they are required to submit a new declaration on the wealth they hold on that date. " 7. paragraphs 3 and 4 of Article 6 shall read as follows: " (3) Persons referred to in art. 2, appointed to positions for periods of more than 4 years or for indefinite duration, have the obligation that, from 4 to 4 years, they submit an updated declaration of wealth. (4) Failure to update the declaration of wealth, for imputable reasons, until December 31 of each year, in case of acquisition of some goods, according to par. ((1), or the failure to submit a new declaration within 15 days after the end of the activity or, as the case may be, from the expiry of the 4 years after the last declaration leads to the automatic triggering of the control procedure. " 8. Paragraph 2 of Article 14 shall read as follows: " (2) The ranking order shall be communicated to the parties and the prosecutor's office of the appeal court, within which the commission operates, as well as to the county general directorate of public finances within which the person whose wealth is subject research. " 9. Paragraph 1 of Article 21 shall read as follows: "" Art. 21. --(1) The opinion of the President of Romania, the deputies, the members of the Government, the Secretary-General of the Government, the heads of the public authorities appointed by the President, the Parliament or the Prime Minister, the judges of the Court Constitutional, account advisers, members of the Judicial College of the Court of Auditors and financial prosecutors of this, the magistrates of the Supreme Court of Justice and the prosecutor's office of this, from the Prosecutor's Office. National Anti-Corruption, as well as from the courts of appeal and from the prosecutor's offices beside these, in office, are 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 whom as president; -a prosecutor from the Prosecutor's Office of the Supreme Court, appointed by the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice. " 10. Paragraph 1 of Article 26 shall read as follows: "" Art. 26. -(1) The device of the judicial decision, remaining irrevocable, finding the illicit provinience of some goods, shall be published in the Official Gazette of Romania, Part III, and shall be communicated to the specialized body of the Ministry of Finance Public from the home of the person whose wealth was investigated, in order to execute. Publication expenses shall be borne by the budget of the Ministry of Justice 11. Article 32 shall read as follows: "" Art. 32. -The order of classification of the research commission remaining final or, as the case may be, the decision of the remaining irrevocable court, finding that the provinience of the goods is justified, will be published in the Official Gazette of Romania, Part The Third. Publication expenses 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. -Persons provided in art. 2, which held public offices similar to those mentioned in this article, after January 1, 1990, having, according to the legal regulations in force, the obligation to declare wealth, may be subject to control of assets, according to the procedures established by this law, if there is certain proof that certain goods or values, which they have in their heritage, have not been acquired in a lawful manner. " 14. The Annex concerning the declaration of assets shall be replaced by the Annex hereto. 15. Throughout the whole Law no. 115/1996 the following phrases will be replaced as follows: -Ministry of Finance with Public Finance Ministry; -Ministry of Culture with the Ministry of Culture and Religious Affairs; -The General Prosecutor's Office with the Prosecutor's Office of the Supreme Court -Attorney General with the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice; -First prosecutor of the prosecutor's office of the court of appeal with the prosecutor general of the prosecutor'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, shall be completed as follows: Note
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* *) Law no. 115/1999 on ministerial responsibility, republished was amended until 28 December 2006 by EMERGENCY ORDINANCE no. 24 24 of 21 April 2004 , EMERGENCY ORDINANCE no. 3 3 of 27 January 2005 and of LAW no. 90 90 of 13 April 2005 . Direct changes brought on Law no. 115/1999 republished are found in the updated forms of this normative act.
Law no. 115/1999 was republished in the OFFICIAL GAZETTE no. 200 200 of 23 March 2007.
---------- 1. After paragraph 1, paragraphs 1 ^ 1 and 1 ^ 2 shall be inserted as follows: " (1 ^ 1) The President of Romania is notified to request the prosecution of a member of the Government by the Prime Minister, the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice or the Prosecutor General of the National Prosecutor's Office Corruption. (1 ^ 2) Any citizen who is aware of the commission of a criminal act by the members of the Government in the exercise of their office may address the Prime Minister, the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice or The Prosecutor General of the National Anti-Corruption Prosecutor's Office, in order to request the complaint 2. Paragraph 3 shall be completed by two theses with the following contents: " The committee meetings are not public. The member of the Government for which the complaint was made has the right to be heard by the commission before the report is drawn up. " 3. After paragraph 3, paragraph 3 is inserted with the following contents: " (3 ^ 1) The President of Romania decides on the report presented by the special committee referred to in par. ((3) and shall provide the communication of the solution to the media. " + Article V Within 30 days from the entry into force of this law, the principal authorising officer, with the opinion of the Ministry of Public Finance, will introduce the corresponding changes in the structure of posts and expenses with salaries on paragraphs, with the total expenses of salaries approved in the budget of the Public Ministry for 2003. + Article VI (1) Within 30 days from the entry into force of this Law, persons referred to in art. 2 2 of Law no. 115/1996 will submit the declaration of wealth, which will be published according to art. 4 4 para. ((2). ((. The declarations of assets lodged until the entry into force of this Title shall preserve their confidentiality. Disclosure or publication in any way, in whole or in part, of their content constitutes a crime and is punishable by imprisonment from 6 months to 3 years. + Article VII Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 219 219 of 18 May 2000, as amended and supplemented, Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Prosecutor's Office, published in the Official Gazette of Romania, Part I, 244 of 11 April 2002, approved with amendments and additions by Law no. 503/2002 and Law no. 115/1996 on the declaration and control of the wealth of dignitaries, magistrates, civil servants and persons with management positions, published in the Official Gazette of Romania, Part I, no. 263 263 of 28 October 1996, and Law no. 115/1999 on ministerial responsibility, republished in the Official Gazette of Romania, Part I, no. 334 of May 20, 2002, with the amendments and completions brought by this title, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Annex ------ to Title I ----------- DECLARATION OF WEALTH The undersigned ........., having the function of ......... to ......, I declare, on my own responsibility, that together with the family *) I have the following wealth: I. Real estate * *): 1. Lands: Year Surface Value Land categories: tax acquisition -agricultural ................. ............ -forest ................. ............ -intravilane ................. ............ -water gloss ................. ............ 2. Buildings ......................................................... .................................................................... 2.1. Spaces with destination No. Year Surface Value of housing: the acquisition of taxation -apartment ..... ................ ................ -dwelling house ..... ................ ................ -holiday home ..... ................ ................ 2.2. Commercial premises or of production ..... ................ ................ II. Mobile goods: 1. Vehicles/cars, tractors, agricultural machinery, boats, yachts and other means of transport that are subject to registration, according to the law: --------------------------------------------------------------------------- Brand Name Buc. Year of manufacture --------------------------------------------------------------------------- ........... ......... ....... ........... ........... ......... ....... ........... ........... ......... ....... ........... ........... ......... ....... ........... --------------------------------------------------------------------------- 2. The amount of deposits and current accounts in foreign currency or in lei, in the country or abroad, whose summed value exceeds the equivalent of 10,000 euros: ................................................................................................................... ................................................................................................................... ................................................................................................................... ................................................................................................................... ------------ Pct. II/2 of the Annex to Title I of Book II has been amended by section II. 2 2 of art. I of EMERGENCY ORDINANCE no. 40 40 of 20 May 2003 , published in MONITORUL OFFICIAL no. 378 378 of 2 June 2003. 3. Creants with a value exceeding the equivalent of 10,000 EURO: Yes [] No [] 4. Obligations with a value exceeding the equivalent of 10,000 EURO: Yes [] No [] 5. Other goods producing net income that summed up exceed the equivalent of 10,000 EURO per year: Yes [] No [] III. Associate or shareholder in companies, if the value of shares or shares exceeds the equivalent of EUR 10,000: Companies * **): Yes [] No [] IV. Other profit-making activities, which produce an annual income whose value exceeds the equivalent of EUR 10,000: Yes [] No [] ------------- *) By family, for the purposes of this declaration, it is understood the dependent husband, wife and children. **) If it is in the indivision, it will show the share. *** ***) Including from other countries. V. Goods and services received free of charge in the framework of protocol activities in the exercise of the mandate or function, the value of which exceeds, each, the equivalent of 300 EURO Yes [] No [] VI. Other statements of the declarant ................................................................. ................................................................. This declaration constitutes a public act and responds, according to the criminal law, for the inaccuracy or incompleteness of the data. Date Signature ............. ............. .............. + Title II Ensuring transparency and stability in the business environment + Article VIII Law no. 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, shall be amended and supplemented as follows: Note
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* *) Law no. 26/1990 on the trade register, republished was amended until 12 November 2009 by LAW no. 505 505 of 26 November 2003 , LAW no. 183 183 of 17 May 2004 , ORDINANCE no. 72 72 of 13 August 2004 , LAW no. 519 519 of 23 November 2004 , LAW no. 1 1 of 21 February 2005 , LAW no. 441 441 of 27 November 2006 , EMERGENCY ORDINANCE no. 119 119 of 21 December 2006 , EMERGENCY ORDINANCE no. 82 82 of 28 June 2007 , EMERGENCY ORDINANCE no. 44 44 of 16 April 2008 and of EMERGENCY ORDINANCE no. 52 52 of 21 April 2008 . The changes determined by these normative acts are found in the updated forms of Law no. 26/1990 on the trade register, republished.
---------- 1 paragraphs 1 and 2 of Article 1 shall read as follows: "" Art. 1. -(1) Traders, before the commencement of trade, as well as other natural or legal persons, expressly provided by law, before the commencement of their activity, are required to ask for registration in the trade register, and in the course of the exercise and cessation of trade or, where appropriate, of that activity, require the entry in the same register of the particulars concerning the acts and acts the registration of which is provided for by law. (2) Within the meaning of the present law, traders are the individuals and family associations that routinely carry out acts of trade, companies, national companies and national companies, autonomous regions and organizations co-operative. " 2. After paragraph 2 of Article 1, paragraph 2 ^ 1 shall be inserted as follows: "" (2 ^ 1) According to this law, registration is understood both the registration of the trader and the registration of mentions, as well as other operations that, according to the law, are mentioned in the trade register. " 3. Article 6 shall read as follows: "" Art. 6. --(1) The records in the trade register shall be made on the basis of a conclusion of the delegated judge or, as the case may be, an irrevocable court decision, apart from the cases in which the law provides otherwise. (2) The conclusion of the delegated judge regarding the registration or any other records in the commercial register shall be enforceable and shall be subject only to the appeal. (3) The appeal period is 15 days and flows from the date of delivery of the conclusion for the parties and from the date of publication of the conclusion or the amending act of the articles of association in the Official Gazette of Romania, Part IV, for any other persons Interested. ((. The appeal shall be filed and shall be entered in the trade register where the registration was made. Within 3 days from the date of submission, the trade register office shall submit the appeal to the court of appeal in whose territorial area the domicile or the premises of the trader is located, and in the case of branches established in another county, at the court of appeal in whose territorial area is the seat of the branch. (5) The reasons for appeal may be filed with the court, at least two days before the trial deadline. ((6) In case of admission of appeal, the decision of the court of appeal shall be mentioned in the commercial register. " 4. Paragraph 1 of Article 7 shall read as follows: "" Art. 7. -(1) The courts are obliged to send to the trade register office, within 15 days from the date when they have remained irrevocable, certified copies of the irrevocable decisions referring to acts, facts and mentions of which registration in the commercial register shall be available to the law. " 5. Paragraph 1 of Article 12 shall read as follows: "" Art. 12. -(1) The trade register is made up of a register for the registration of natural persons and family associations and another for the registration of legal persons traders. A register is opened for each year. These registers shall be kept in computerised system. 6. The introductory part of paragraph 1 of Article 13 shall read as follows: "" Art. 13. -(1) The application for registration of a natural person trader in the commercial register shall include: " 7 7. The letter a) of paragraph 1 of Article 13 shall read as follows: "" a) the name and surname, personal identification number, domicile, nationality, date and place of birth, marital status and previous commercial activity; ' 8. After paragraph 1 of Article 13, paragraph 1 shall be inserted as follows: " (1 ^ 1) The application for registration of a family association in the commercial register must include: a) the names and surnames of each of the associates, personal numerical code, domicile, nationality, date and place of birth, family membership, marital status and previous commercial activity; b) the identification data of the person representing the association in relations with third parties-the family member on whose initiative the association or its authorized person was established; c) the commercial company and its premises; d) the object of trade, with the specification of the main domain and activity, as provided for in the authorization for the exercise of trade; e) the number, date and issuing body of the authorization for the exercise of trade. " 9. Paragraph 3 of Article 13 shall read as follows: " (3) The Office shall enter in the commercial register all data from the application, as well as, in the case of family associations, the unique registration code assigned according to the law 10. Article 14 shall read as follows: "" Art. 14. -(1) The application for registration of a company will include, as the case may be, the data necessarily contained in its constituent act and will be accompanied by the necessary supporting documents, according to Law no. 31/1990 on companies, republished, with subsequent amendments and completions. (2) The Office shall enter in the commercial register all data from the application, as well as the unique registration code, assigned according to the law. 11. The introductory part of Article 15 shall read as follows: "" Art. 15. -The application for registration of an autonomous kingdom, national companies or national companies in the commercial register must include: " 12. Article 15 shall be inserted in paragraph 2 with the following contents: " (2) The Office shall enter in the trade register all data from the application, as well as the unique registration code, assigned according to the law. 13. in Article 16, paragraph 2 is inserted as follows: " (2) The Office shall enter in the trade register all data from the application, as well as the unique registration code, assigned according to the law. 14 14. Letters a) and b) of Article 17 shall read as follows: "" a) for traders, natural persons and family associations, from the date of authorization; b) for companies, from the date of conclusion of the articles of association; " 15. Article 18 (1) shall be inserted after paragraph 1 with the following contents: "(1 ^ 1) The application for registration of the family association shall be made by the family member on whose initiative the association or its authorized person was established, with special and authentic power of attorney." 16 paragraphs 2 and 3 of Article 18 shall read as follows: " (2) In order to prove the specimen of signature, the individual trader, respectively the representative of the family association, shall sign at the trade register office, in the presence of the delegated judge or the director of the office or of the replacement That will certify the signature. ((3) In the absence of the individual trader, or of the representative of the family association, his signature may be replaced by the presentation of a signature specimen legalized by the notary public. " 17. Letters a), b) and c) of Article 21 shall read as follows: " a) the donation, sale, location or real security of furniture constituted on the trade fund, as well as any other act by which changes are made to the records in the trade register or that makes the company cease or the trade fund; b) name and surname, nationality, personal numerical code, for Romanian citizens, series and passport number, for foreign nationals, date and place of birth of the authorized or fiscal representative, if applicable; if the right of representation is limited to a certain branch, the mention will be made only in the register where the branch is registered, the signature of the authorized/fiscal representative will be given in the form provided in art. 18 18 para. ((2) and (3); c) patents of inventions, factory, trade and service marks, designations of origin, indications of provinience, company, emblem and other distinguishing marks on which the company, the autonomous direction, the cooperative organization or the natural person or family association has a right; " 18 18. The letter g) of Article 21 shall read as follows: "g) the conviction of the trader, the administrator or the censor for criminal acts which render him unworthy or incompatible to exercise this activity;" 19. Paragraph 3 of Article 22 shall read as follows: " (3) The measures shall be registered ex officio, within 15 days from the date of receipt of the certified copy of the irrevocable decision on the facts and acts provided for in art. 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 subsidiary by the trader who has the main office of foreign trade shall be subject to all the provisions relating to the registration, mention and publication of the required acts and deeds for traders in the country. " 21. In Article 24, after paragraph 1, paragraphs 1 and 1 shall be inserted and (1 ^ 2) with the following contents: "" (1 ^ 1) Registration applications shall also indicate: a) the name of the branch and the name/name, form and premises of the trader abroad; b) the name and quality of persons who may represent the foreign merchant and the foreign merchant, as well as those of those who are directly engaged in the activity of the branch; c) the last financial situation of the trader abroad approved, verified or published according to the legislation of the state in which the trader is domiciled. ((1 ^ 2) If applicable, particulars relating to: a) the opening of a judicial or extrajudicial insolvency proceedings on the trader abroad; b) dissolution of the company from abroad, names and powers of liquidators; c) closure of the branch. " 22. Paragraph 2 of Article 24 shall read as follows: "(2) All these formalities will be made at the office of the trade register office at the branch office." 23 paragraphs 1, 3, 4 and 5 of Article 25 shall read as follows: "" Art. 25. --(1) Any natural or legal person prejudiced as the effect of a registration or by a mention in the commercial register has the right to ask for the removal of the damaging record, in whole or only with regard to certain elements thereof, in the case in which irrevocable court decisions were abolished in whole or in part or amended the acts which were the basis of the registration with regard to which the deregistration is sought, if by the court decision was not ordered mention in the trade register. ............................................................ (. The Tribunal shall rule on the application with the citation of the Trade Register Office and the trader. (4) The judicial decision to settle the application can be appealed only with appeal, and the term of appeal flows from the pronouncement, for the parties present, and from the communication, for the missing parties. (5) The trade register office shall carry out the deletion and shall publish the irrevocable court decision in the Official Gazette of Romania, Part IV, at the expense of the party that introduced the application. For this purpose, the court will communicate to the office of the trade register the court decision, in legalized copy, with the mention of irrevocable stay. " 24. Paragraph 2 of Article 26 shall read as follows: "" (2) The registration in the commercial register shall be operated within 24 hours from the date of conclusion of the delegated judge, and in the case of the registration of the trader, within 24 hours from the date of delivery of the conclusion of the judge authorization of registration. " 25. Article 27 shall be repealed. 26. Article 29 shall read as follows: "" Art. 29-The trader is obliged to mention on invoices, offers, orders, tariffs, prospectuses and any other documents used in trade, name/name, registered office, unique registration code and, if applicable, personal numerical code. The tax receipts issued by electronic cash registers, which will include the elements provided by the legislation in the field, are exempted. " 27. in Article 31, after paragraph 1, the following paragraph 1 shall be inserted: "" (1 ^ 1) The firm of a family association must include the name of the family member at the initiative of which the family association is established, with the mention < > >, written in full. " 28. in Article 39, paragraph 3 is inserted as follows: " (3) Firms and emblems radiated from the commercial register are not available for a period of 2 years from the date of deregistration, except in the cases provided for in art. 41 41. " 29. Paragraph 1 of Article 41 shall read as follows: "" Art. 41. --(1) The purchaser with any title of a trade fund will be able to continue the activity under the previous company, which includes the name of a natural person trader or an associate of a family association, companies in collective name or ordered simple, with the express agreement of the previous holder or his successors in rights and with the obligation to mention in that company the quality of successor. " 30 paragraphs 1 and 2 of Article 44 shall read as follows: "" Art. 44. -(1) If they do not comply with the provisions of the law and the stipulated deadlines, traders who must ask for the registration or registration of a claim or submit signature specimens or certain acts will be obliged, by conclusion pronounced by the judge delegated, to pay a judicial fine from 500,000 lei to 5,000,000 lei, if the act does not constitute a crime. (2) If the registration, the mention, the submission of the specimen of signature or the act are in charge of a legal person, the judicial fine is from 5,000,000 lei to 20,000,000 lei, if the act does not constitute a crime. If there are more people to be fulfilled, the fine applies to each of them. " 31. Article 45 shall read as follows: "" Art. 45. -Traders individuals and representatives of family associations and legal entities, which do not comply with the obligations provided in art. 29, will be sanctioned by the control bodies of the Ministry of Public Finance with a fine of 5,000,000 lei to 10,000,000 lei, and in case of registration of false data, the appropriate provisions of the criminal law will be applied. " 32. Article 46 shall read as follows: "" Art. 46. -Referral of the delegated judge for the application of the fines provided in art. 44 44 may be made by any person concerned or ex-officio. " 33. Article 47 shall read as follows: "" Art. 47. -Judicial fines provided for in art. 44 are subject to the regime of common law of judicial fines, provided for by the Code of Civil Procedure. " + Article IX Law no. 31/1990 on companies, republished *) in the Official Gazette of Romania, Part I, no. 33 of 29 January 1998, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law no. 31/1990 on companies, republished was amended until 13 October 2004 by LAW no. 297 297 of 28 June 2004 . The amendments determined by this normative act are found in the updated form of Law no. 31/1990 on companies, republished.
Law no. 31/1990 was republished in the OFFICIAL GAZETTE no. 1066 1066 of 17 November 2004.
---------- 1. After paragraph 4 of Article 5, paragraph 4 shall be inserted as follows: "(4 ^ 1) In cases where the company contract and the statute constitute separate acts, the latter shall include the identification data of the associates and clauses regulating the organization, operation and conduct of the company's activity." 2. Paragraph 5 of Article 5 shall read as follows: " (5) The articles of association shall be concluded under private signature, shall be signed by all associations or, in the event of public subscription, by the founders. The authentic form of the articles of association is compulsory when: a) among the assets subscribed as contribution to the share capital there is a land; b) constitute a company in a collective name or in a simple order; c) the stock company shall be constituted by public subscription. " 3. in Article 5, paragraph 6 is inserted as follows: "(6) The constitutive act acquires the definite date and by filing with the trade register office." 4 4. The letter a) of Article 7 shall read as follows: "" a) the name and surname, personal numerical code, place and date of birth, domicile and nationality of natural persons; name, seat and nationality of legal persons; registration number in the trade register or single code registration, according to the national law; to the company in the simple order will be shown the commando associations, the associates ordered, as well as the fiscal representative, if applicable; " 5 5. The letter a) of Article 8 shall read as follows: "" a) the name and surname, personal numerical code, place and date of birth, domicile and nationality of natural persons; name, seat and nationality of legal persons, registration number in the trade register or single code registration, according to the national law; to the company in order on actions will be shown the commando associations and the associates ordered, as well as the fiscal representative, if applicable; " 6. Paragraph 3 of Article 14 shall read as follows: " (3) In case of violation of the provisions of par. (1) and (2), the State, through the Ministry of Public Finance, as well as any interested person may ask for the judicial dissolution of a company thus constituted. " 7. Article 14 (1) shall be inserted after Article 14, with the following contents: "" Art. 14 14 ^ 1. -Contracts between the limited liability company and the natural person or legal person, sole associate of the former, shall end in written form, under the sanction of absolute nullity. " 8. Article 16 shall read as follows: "" Art. 16. -(1) Upon authentication of the articles of association in the cases referred to in art. 5 or, as the case may be, at the date of its definite date, will be presented the proof issued by the trade register office on the availability of the firm and the self-declaration on the holding of single associate quality in a single company with limited liability. (2) At the same premises will be able to operate several companies, if at least one person is, under the law, associated in each of these companies. (3) The public notary will refuse the authentication of the articles of association or, as the case may be, the person who gives the definite date will refuse the requested operations, if from the presented documentation it follows that the conditions provided in par. ((1). ' 9. The paragraphs (1) to (3) of Article 31 shall read as follows: "" Art. 31. -(1) The constitutive assembly will decide on the share of the net profit of the founders of a company constituted by public subscription. (2) The share referred to in par. ((1) may not exceed 6% of the net profit and cannot be granted for a period of more than 5 years from the date of establishment of the company. (3) In case of increase of the share capital, the rights of the founders may be exercised only on the profit corresponding to the initial share capital. " 10. Article 33 shall read as follows: "" Art. 33. -The right to action in damages is prescribed by the passage of 6 months from the date of publication in the Official Gazette of Romania, Part IV, of the decision of the general meeting of shareholders who decided to dissolve the anticipated. " 11. Article 34 shall read as follows: "" Art. 34. -Companies on shares constituted by public subscription are regarded as publicly owned companies within the meaning of art. 2 2 para. ((1) pt. 39 of Government Emergency Ordinance no. 28/2002 on securities, financial investment services and regulated markets, approved and amended by Law no. 525/2002 , with subsequent amendments and completions, which shall be supplemented by the provisions of this law in respect of registration in the commercial register. " 12. Paragraph 1 of Article 35 shall read as follows: "" Art. 35. -(1) Within 15 days from the date of conclusion of the articles of association, the founders or administrators of the company or a power of attorney shall require the registration of the company in the commercial register in whose territorial area will be based society. " 13. Article 35 (2), after point b), insert letter b ^ 1) with the following contents: "b ^ 1) proof of declared headquarters and availability of the company;" 14. Paragraph 2 of Article 40 shall read as follows: "" (2) The registration shall be made within 24 hours from the date of delivery of the conclusion of the delegated judge authorising the registration of the company. " 15. Paragraph 1 of Article 45 shall read as follows: "" Art. 45. -(1) The representatives of the company are obliged to submit to the trade register office their signatures, at the date of submission of the application for registration, if they were appointed by the articles of association, and those elected during the operation of the company, within days of your choice. " 16. Article 46 shall read as follows: "" Art. 46. -(1) When the constitutive act does not contain the particulars provided by law or includes clauses by which an imperative provision of the law is violated or when a legal requirement has not been fulfilled for the constitution of the company, the delegated judge, ex officio or at the request of any person making an application for intervention, shall reject, by conclusion, reasoned, the application for registration, unless the associations remove such irregularities. The delegated judge will take note of the regularisations carried out. (2) If requests for intervention have been made, the judge will cite the interveners and will rule on their requests under the conditions of art. 49 and the following of the Code of Civil Procedure, not applicable to the provisions of 335 335 of the Code of Civil Procedure. " 17. Letters a) and f) of Article 56 shall read as follows: " a) is missing the articles of association or has not been concluded in authentic form, in the situations provided in art. 5 5 para. ((5); .............................................................. f) the articles of association do not provide the name, the seat of the company, its object of activity, the associates ' contributions and the subscribed and paid share capital; " 18. Paragraph 3 of Article 58 shall read as follows: "(3) The Tribunal will communicate the court decision to the trade register office, which, after mentioning, will send it to the Official Monitor of Romania for publication in Part IV, in extract." 19. Article 60 shall read as follows: "" Art. 60. -(1) The conclusion of the delegated judge regarding the registration or any other records in the commercial register shall be enforceable and shall be subject only to the appeal. (2) The term of appeal is 15 days and flows from the date of delivery of the conclusion for the parties and from the date of publication of the conclusion or the amending act of the articles of association in the Official Gazette of Romania, Part IV, for any other persons Interested. ((. The appeal shall be filed and shall be entered in the trade register where the registration was made. Within 3 days from the date of submission, the trade register office shall submit the appeal to the court of appeal in whose territorial area the company's headquarters are located, and in the case of branches established in another county, the appellate court in whose radius the territorial area is the branch office. (4) The reasons for appeal may be filed with the court, at least two days before the trial deadline. (5) In case of admission of the appeal, the decision of the appeal court will be mentioned in the commercial register, being applicable the provisions of art. 48 48, 49 and 56-59. " 20. Paragraph 1 of Article 61 shall read as follows: "" Art. 61. -(1) The social creditors and any other persons prejudiced by the decisions of the associates regarding the amendment of the articles of association may make an application for opposition to ask the court to compel, as the case may be, the company or associations to repair the damage caused, 57 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 decision of the associates or the amending addendum in the Official Gazette of Romania, Part IV, if this law does not provide for another term. It shall be submitted to the trade register office which, within 3 days from the date of submission, shall mention it in the register and shall submit it to the competent court. (2) Provisions art. 132 132 relating to suspension shall apply accordingly. The opposition is judged in the council chamber, with the citation of the parties, the provisions of art 114 114 para. 5 5 of the Code of Civil Procedure. " 22. Article 63 shall read as follows: "" Art. 63. -The applications and remedies provided for by this law, by the jurisdiction of the courts, shall be settled by the court of the place where the company has its main office. " 23. The paragraphs (1) to (4) of Article 67 shall read as follows: "" Art. 67. --(1) The share of the profit to be paid to each associate constitutes a dividend. ((2) The dividends shall be paid to the associates in proportion to the share of the paid share capital, unless otherwise provided by the articles of association. They shall be paid within the time limit set by the general meeting of the associates or, as the case may be, established by the special laws, but not later than 8 months after the date of approval of the annual financial statement for the financial year Otherwise, the company will pay a penalty for the period of delay, at the level of legal interest. (3) No dividends will be distributed except from profits determined according to the law. (4) The dividends paid contrary to the provisions of par. ((2) and (3) shall be returned, if the company proves that the associations have known the irregularity of the distribution or, in the existing circumstances, they had to know it. " 24. Article 69 shall read as follows: "" Art. 69. -If a loss of the net asset is found, the share capital will have to be recompleted or reduced before any distribution or distribution of profit can be made. " 25. Paragraph 2 of Article 73 shall read as follows: " (2) The action in liability against the administrators also belongs to the creditors of the company, who will be able to exercise it only in case of opening the regulated procedure Law no. 64/1995 on the procedure of judicial reorganization and bankruptcy, republished, with subsequent amendments and completions. " 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, the name, legal form, seat and unique registration code must be mentioned. The tax receipts issued by electronic cash registers are exempted, which will include the elements provided by the legislation in the field. (2) For the limited liability company, the share capital will also have to be mentioned, and for the joint-stock company and the share order, the share capital will be mentioned, of which the one actually paid up, according to the last annual financial statement approved. " 27. Article 86 shall read as follows: "" Art. 86. -For the approval of the annual financial situation and for decisions on the introduction of action under the responsibility of the administrators, the vote of the associates representing the majority of 28. Paragraph 3 of Article 89 shall read as follows: "" (3) The commander shall also have the right to request a copy of the annual financial statements and to control their accuracy by researching the commercial registers and the other supporting documents. " 29 paragraphs 2 and 3 of Article 91 shall read as follows: " (2) The stock of the shares will be determined by the articles of association; otherwise they will be nominative. The nominative shares may be issued in material form, on paper, or in dematerialized form, in which case they register in the register of shareholders. ((3) Shares issued by a company on shares, as a result of subscription through the public offering of securities, defined as such by Government Emergency Ordinance no. 28/2002 , approved and amended by Law no. 525/2002 , with subsequent amendments and completions, shall be subject to the regulations applicable to the organized market that those shares are traded. " 30. Paragraph 5 of Article 92 shall read as follows: "" (5) Cumulative securities may be issued for several actions, when they are issued in material form. " 31. In Article 93 (2), letter b) shall read as follows: "b) the date of the articles of association, the number in the trade register under which the company is registered, the unique registration code and the number of the Official Monitor of Romania, Part IV, in which the publication was made;" 32. Paragraph 3 of Article 93 shall read as follows: " (3) For the nominative actions will be mentioned: the name, surname, personal numerical code and domicile of the individual shareholder; name, seat, registration number and unique registration code of the shareholder legal person, after case. " 33 paragraphs 1 and 2 of Article 98 shall read as follows: "" Art. 98. -(1) The right of ownership of the nominative shares issued in material form shall be transmitted by declaration made in the register of shareholders and by the mention made on the title, signed by the transferor and by the assignee or by their trustees. The ownership of the nominative shares issued in dematerialized form shall be transmitted by declaration made in the register of shareholders, signed by the transferor and the transferee or by their trustees. Other forms of transmission of ownership of shares may also be provided for by the articles of association. ((2) The ownership of shares issued in dematerialized form and traded on an organized market shall be transmitted in accordance with Government Emergency Ordinance no. 28/2002 , approved and amended by Law no. 525/2002 ,, as amended and supplemented. " 34. Paragraph 4 of Article 102 shall read as follows: "(4) As long as an action is the personal or common property of several persons, they shall be jointly and severally liable for the payment of the payments due." 35. paragraphs 5 and 6 of Article 103 shall read as follows: "" (5) The payment of the shares thus acquired will be made only from the distributable profit and from the available reserves of the company, except the legal reserves, registered in the last approved annual financial situation. (6) In the management report accompanying the annual financial situation will be shown: the reasons that determined the acquisition of own shares, the number, the face value, the value of the shares acquired and the fraction of the share capital that they represent. " 36. in Article 103, paragraph 8 is inserted as follows: "(8) The provisions of this Article shall also apply in cases where a company, in which another company holds the majority of voting rights or directly or indirectly exercises a dominant influence, acquires shares of the dominant company." 37. Paragraph 2 of Article 105 shall read as follows: " (2) The constitution of real securities on its own shares, either directly or through persons acting in its own name, but on the account of the company, is assimilated with the acquisition of its own shares. However, the shares will be accounted separately. " 38. Article 106 shall read as follows: "" Art. 106. -(1) The establishment of real securities securities on shares shall be made by registered under private signature, in which the amount of the debt will be shown, the value and the category of shares with which it is guaranteed, and in the case of bearer shares nominative issued in material form, and by mentioning the security on the title, signed by the creditor and the shareholder debtor or their trustees. ((2) The guarantee shall be recorded in the register of shareholders held by the administrators or, as the case may be, by the independent company holding the The creditor in favour of which the real estate security has been lodged shall be issued with proof of its registration. ((3) The guarantee becomes opposable to third parties and acquires the rank in order of preference of creditors from the date of registration in the Electronic Archive of Real Securities. " 39. Article 107 shall read as follows: "" Art. 107. -Shares acquired according to art. 103 103 para. ((1)-(5) and para. (8) do not give right to dividends. For the duration of their possession by the company, the right to vote on these shares is suspended and the attendance and voting majorities for validly taking decisions in general meetings relate to the rest of the capital. social. " 40. Article 108 shall read as follows: "" Art. 108. -The shareholders who offer for sale their shares through the public offering will have to draw up an offer prospectus in accordance with the provisions Government Emergency Ordinance no. 28/2002 , approved and amended by Law no. 525/2002 ,, as amended and supplemented. " 41. Article 109 shall read as follows: "" Art. 109. -The situation of the shares must be set out in the Annex to the annual financial situation and, in particular, specify whether they have been fully released and, where appropriate, the number of shares for which the payments have been made, without result. " 42. Paragraph 1 of Article 111 shall read as follows: "" Art. 111. -(1) The ordinary meeting shall meet at least once a year, no later than 4 months after the end of the financial year. " 43. In Article 111 (2), the letter a) shall read as follows: "" a) discuss, approve or amend the annual financial statements, on the basis of the reports of administrators, censors or financial auditors, and fix the dividend; " 44. in Article 113, the letter c ^ 1 is inserted after point c) with the following contents: "" c ^ 1) the establishment or abolition of secondary offices: branches, agencies, representatives or other such units without legal personality, unless otherwise provided for by the articles of association; " 45. Article 114 shall read as follows: "" Art. 114. -(1) Exercise of the duties referred to in Article 113 lit. b), c), e), f) and i) will be able to be delegated to the board of directors or the sole administrator by the articles of association or by decision of the extraordinary general meeting. (2) Provisions art. 130 130 para. ((4) and (5), of art. 131 131, except par. (3), and of art. 132 shall also apply to decisions adopted by administrators under the conditions of paragraph 1. (1), the company to be represented in justice by the person appointed by the president of the court between its shareholders, who will carry out the mandate with which he was pregnant, until the general assembly, convened for this purpose, chooses another person. " 46. Paragraph 4 of Article 117 shall read as follows: " (4) If all shares of the company are nominative, the convocation may be made only by registered letter or, if the constituent act allows, by simple letter, dispatched at least 15 days before the date of the young assembly, to the address the shareholder entered in the shareholder register. The change of address cannot be opposed to society, if it has not been communicated to it in writing by the shareholder. " 47. in Article 117, paragraph 9 is inserted as follows: "" (9) The shareholders of the closed-type companies may, in writing, make proposals to the administrators for the completion of the agenda, unless they refer to the amendment of the articles of association, at least 5 days before the date of the assembly, and the proposals will be placed on the agenda with the approval of the general meeting. " 48. Paragraph 3 of Article 119 shall read as follows: " (3) If the administrators do not convene the general meeting, the court at the company's headquarters will be able to authorize, with the citation of administrators and in accordance with 331-339 of the Code of Civil Procedure, the convocation of the general meeting by persons who meet the conditions provided in par. ((1). By the same conclusion the court will determine the reference date provided by art. 122 122 para. (2), the date of the young general meeting and, among the shareholders, the person who will chair it. " 49. Article 121 shall be inserted after Article 121, 1 with the following contents: "" Art. 121 121 ^ 1. -In the case of closed companies with nominative actions, the holding of general meetings and correspondence may be agreed by the articles of association. " 50. Paragraph 2 of Article 123 shall read as follows: "(2) If real securities are constituted on shares, 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 except through other shareholders, based on a special power of attorney, except in the cases provided by art. 102 102 para. ((2) and (3), when the special power of attorney may be given to another co-owner. " 52. Paragraph 2 of Article 125 shall read as follows: "(2) They may, however, vote on the annual financial situation if, holding at least half of their participation in the share capital, the legal majority cannot be formed without their vote." 53. After paragraph 2 of Article 131, paragraphs 2 ^ 1 are inserted-(2 ^ 3) with the following contents: " (2 ^ 1) When grounds of absolute nullity are invoked, the right to action is unforeseeable and the request may also be made by any interested person. (2 ^ 2) The administrators cannot appeal the decision of the general assembly regarding their removal from office. (2 ^ 3) The application will be resolved in contradiction with the company, represented by administrators. " 54. Paragraph 4 of Article 131 shall read as follows: "" (4) The action will be introduced at the courthouse in whose territorial area the company is based. " 55. Paragraph 7 of Article 131 shall read as follows: " (7) The irrevocable decision of cancellation will be mentioned in the commercial register and published in the Official Gazette of Romania, Part IV. From the date of publication, it is opposable to all shareholders. " 56. Paragraph 1 of Article 132 shall read as follows: "" Art. 132. -(1) A date with the filing of the action for annulment, the plaintiff may ask the court, by way of injunction, to suspend the execution of the contested decision. " 57. Article 133 shall read as follows: "" Art. 133. -(1) Shareholders who do not agree with the decisions taken by the general assembly regarding the change of the main object of activity, the relocation of the seat or the form of the company have the right to withdraw from the company and obtain from the value of the shares it possesses, at the average value determined by an authorised expert, by using at least two assessment methods recognised by the European Assessment Standards (EVS). (2) The costs incurred by carrying out the expertise shall be borne by the company concerned. (3) With the withdrawal declaration, the shareholders will hand over to the company the shares they possess, if they have been issued under the terms of art. 97. (4) Following the withdrawal of shareholders under the conditions provided by par. (1), their shares will be acquired by the company, the provisions of art. 103 103 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 guarantee will be deposited in a separate bank account, at the sole disposal of the company, and will be able to be returned to the administrator only after the general meeting has approved the financial situation of the last financial year in which the administrator has fulfilled this function and has given it discharge. " 60. Article 139 shall be inserted in paragraphs 3 to 5 with the following contents: " (3) If the constituent act does not have otherwise, the chairman of the board of directors will have the decisive vote in case of parity of votes (4) If the chairperson of the board of directors cannot or is prohibited from participating in the vote, the other members of the board will be able to elect a sitting president, having the same rights as the president in function. ((5) In the event of a parity of votes and if the President does not receive a decisive vote, the proposal shall be deemed rejected. " 61. After Article 143, the following Article 143 ^ 1 shall be inserted: "" Art. 143 143 ^ 1. -(1) The acquisition by a company of a good from a founder or shareholder: a) within a period no more than 2 years after the establishment or authorization of the start of the company's activity; and b) for an amount or other consideration representing at least one tenth of the value of the subscribed share capital will be subject to the prior approval of the extraordinary general meeting of the shareholders, as well as to the provisions of art. 37 and 38, will be mentioned in the trade register and will be published in the Official Gazette of Romania, Part IV, and in a newspaper with wide spread. (2) The acquisition operations carried out within the current activity of the company shall not be subject to these provisions, those made available to an administrative authority or a court or those made in the framework of the operations of scholarship. " 62. paragraphs 4 and 5 of Article 144 shall read as follows: " (4) The administrators are in solidarity with their immediate predecessors if, having knowledge of the irregularities committed by them, they do not communicate to the censors or financial auditors. (5) In companies that have several administrators the liability for acts committed or for omissions does not extend to the administrators who have made to find themselves, in the register of decisions of the board of directors, their impotence and have I have heard about this, in writing, on censors and, as the case may be, on financial auditors. " 63 paragraphs 1 and 3 of Article 145 shall read as follows: "" Art. 145. -(1) The administrator who has in a certain operation, directly or indirectly, interests contrary to the interests of the company must notify the other administrators and the censors or financial auditors about it and not take part in the no deliberation on this operation. ................................................................ (3) If the provisions of the articles of association do not have otherwise, the prohibitions established in ((1) and (2), relating to the participation in the deliberation and the vote of the administrators, shall not be applicable if the object of the vote is: a) offering for subscription, to an administrator or to the persons referred to in par. ((2), of shares or bonds of the company; b) the granting by the administrator or the persons referred to in par. ((2) a loan or a guarantee in favour of the company. '; 64. Article 145 shall be inserted in paragraph 4 with the following contents: " (4) The administrator who did not comply with the provisions of para. ((1) and (2) shall be responsible for the damage resulting for the company. " 65. After Article 145, insert Article 145 ^ 1 with the following contents: "" Art. 145 145 ^ 1. -(1) If by the articles of association it is not ordered otherwise and subject to the provisions of art. 145, under penalty of nullity, the administrator will be able to alienate, respectively acquire goods to or from the company, having a value of more than 10% of the value of the net assets of the company, only after obtaining the approval of the extraordinary, under the conditions provided in art. 112. (2) Provisions of para. (1) shall also apply to rental or leasing operations. (3) The value provided in par. ((1) shall be calculated by reference to the financial statement approved for the financial year preceding that in which the operation takes place, or, where applicable, to the amount of the subscribed share capital, if such a financial situation has not yet been presented; and approved. (4) The provisions of this Article are also applicable to operations in which one of the parties is the spouse of the administrator or relative or afin, up to and including the fourth degree, of the latter; also, if the operation is concluded with a company civil or commercial to which one of the aforementioned persons is an administrator or director or holds, alone or together, a share of at least 20% of the value of the subscribed share capital, unless one of the companies That commercial is the subsidiary of the 66. Article 148 shall read as follows: "" Art. 148. -(1) It may be granted to the directors and censors of remuneration and any other amounts or advantages only on the basis of a decision of the general meeting. (2) It is forbidden to credit the administrators or its directors by the company, by means of operations such as: a) the granting of loans to administrators or directors; b) the granting of financial advantages to administrators or directors on the occasion or after the conclusion by the company with them of operations of delivery of goods, services or execution of works; c) guarantee, direct or indirect, in whole or in part, of any loans granted to administrators or directors, concurrent or subsequent to the granting of the loan; d) the guarantee, direct or indirect, in whole or in part, of the execution by administrators or directors of any other personal obligations of these persons to third persons; e) the acquisition of a debt or payment, in whole or in part, of a claim that has as its object a loan granted by a third party to the administrators or directors or another personal benefit thereof. (3) The provisions of par. (2) are also applicable to operations in which the spouse, relatives or afinii are concerned, up to the fourth degree including, of the administrator or the director; also, if the operation concerns a civil or commercial company to which one of the persons previously mentioned is the administrator or director or holds, alone or together with one of the above-mentioned persons, a share of at least 20% of the value of the subscribed share capital. (4) The provisions of par. ((2) shall not apply: a) in the case of operations whose cumulative chargeable value is less than the equivalent in lei of the amount of 5.000 euro; b) if the operation is concluded by the company under the conditions of the current exercise of its activity, and the clauses of the operation are not more favorable to the persons mentioned in par. ((2) and (3) than those which the company ordinarily practices towards third parties. " 67. paragraphs 1 and 5 of Article 150 shall read as follows: "" Art. 150. -(1) The action in liability against the founders, administrators, censors or financial auditors and directors belongs to the general meeting, which will decide with the majority provided in art. 112. ............................................................. (5) If the action is started against the directors, they shall be suspended by law from office until the irrevocable stay of the sentence. " 68. Paragraph 1 of Article 153 shall read as follows: "" Art. 153. -(1) If the administrators find that following losses the net asset, determined that the difference between the total assets and liabilities of the company, represents less than half of the value of the share capital, will convene the general meeting extraordinary, in order to determine the reunification of capital, its reduction to the remaining value or the dissolution of the company. " 69. Section IV shall have the following title: "Financial audit, internal audit and censors" 70 paragraphs 5 and 6 of Article 154 shall be repealed. 71. Paragraph 7 of Article 154 shall read as follows: " (7) The censors are obliged to submit, within the period provided for in art. 137 137 para. ((3), the third part of the guarantee required for administrators. Accounting experts or authorized accountants shall be exempted from this obligation if they provide proof of the conclusion of professional liability insurance. " 72. Article 155 shall read as follows: "" Art. 155. -(1) The financial statements of companies, which fall within the scope of the accounting regulations harmonized with the European directives and international accounting standards, will be audited by financial auditors, individuals or legal persons, under the conditions provided by law. (2) The commercial companies whose annual financial statements are subject, according to the law, to the financial audit will organize the internal audit according to the norms developed by the Chamber of Financial Auditors in Romania for this purpose. (3) At the companies whose annual financial statements are not subject, according to the law, to the financial audit the ordinary general meeting of the shareholders will decide to contract the financial audit or to appoint the censors, as the case may be. " 73. In Article 156 (2), the letter d) shall read as follows: "d) persons who, during the exercise of their duties conferred by this quality, have control powers within the Ministry of Public Finance or other public institutions, except as expressly provided by law." 74. The paragraphs (1) to (3) of Article 158 shall read as follows: "" Art. 158. -(1) The censors are obliged to supervise the management of the company, to verify that the financial statements are legally drawn up and in accordance with the books, if the latter are kept regularly and if the assessment of the patrimonial elements has been made according to the rules laid down for the preparation and presentation of (2) About all this, as well as the proposals they will consider necessary regarding the financial statements and the distribution of profit, the censors will present a detailed report to the general assembly. (. The General Assembly may approve the annual financial statements only if they are accompanied by the report of the censors or, as the case may be, of financial auditors. " 75. Section VI shall have the following title: "" About company registers and annual financial statements " 76. In Article 172 (1), the letter a) shall read as follows: "" a) a register of shareholders showing, as the case may be, the name and surname, the personal numerical code, the name, domicile or the seat of shareholders with nominative shares, as well as the tips made to the account of the shares The bookkeeping of securities issued by a publicly owned company, traded on a regulated market, will be held by a register company authorized by the National Securities Commission, according to the provisions of Government Emergency Ordinance no. 28/2002 , approved and amended by Law no. 525/2002 ,, as amended and supplemented; " 77. Article 173 shall read as follows: "" Art. 173. -(1) Administrators or, as the case may be, independent registry companies shall make available to shareholders and any other applicants the registers referred to in art. 172 172 para. ((1) lit. a) and to release on request, at their expense, extracts from them. (2) They are also obliged to make available to shareholders and bondholders, under the same conditions, the registers provided in art. 172 172 para. ((1) lit. b) and f). " 78. Article 175 (4) shall be inserted as follows: " (4) If the register of shareholders is held by an authorized independent register company, it is mandatory to mention in the commercial register of the firm and its premises, as well as any changes in respect of to these identifiers. ' 79. Article 176 shall read as follows: "" Art. 176. -Administrators must submit to financial censors or auditors, at least one month before the day set for the meeting of the general meeting, the annual financial statement for the preceding financial year, accompanied by their report and by supporting documents. ' 80. Article 177 shall read as follows: "" Art. 177. -(1) The annual financial statements will be drawn up under the conditions provided by law. (2) The annual financial statements of the companies will be verified or audited, according to the law. " 81. paragraphs 1 and 4 of Article 178 shall read as follows: "" Art. 178. -(1) From the profit of the company, at least 5% will be taken over each year for the formation of the reserve fund, until it reaches a minimum of the fifth part of the share capital. ................................................................. ((4) The founders will participate in profit, if this is provided in the articles of association or, in the absence of such provisions, it was approved by the extraordinary general meeting. " 82. Article 179 shall read as follows: "" Art. 179. -(1) The annual financial statements together with the reports of the administrators, censors or financial auditors will remain deposited at the company and branch offices, within the 15 days preceding the meeting of the general meeting, to be consulted by the shareholders. (2) The shareholders will be able to ask the board of directors, at their expense, copies of the annual financial statements and from the other reports provided in par. ((1). ' 83. Paragraph 1 of Article 180 shall be repealed. 84. Paragraph 2 of Article 180 shall read as follows: " (2) Administrators shall be obliged, within 15 days from the date of the general meeting, to submit a copy of the annual financial statements, accompanied by their report, the report of the censors or the report of the financial auditors, as well as the minutes of the general meeting, at the trade register office, as well as at the Ministry of Public Finance, under the conditions provided by Accounting Law no. 82/1991 ,, republished. " 85. Article 181 shall read as follows: "" Art. 181. -The approval of the annual financial statements by the general meeting shall not prevent the exercise of the action in liability against the administrators, directors, censors or financial auditors. " 86. Paragraph 1 of Article 187 shall read as follows: "" Art. 187. -(1) The general assembly shall decide by the vote representing the absolute majority of the members and of the social parties, unless otherwise provided for in the articles of association. " 87. In Article 189 (1), points a) and b) shall read as follows: " a) approve the annual financial statement and establish the distribution of net profit; b) to designate administrators and censors, to revoke them and to give them discharge of their activity, as well as to decide to contract the financial audit, when it is not binding, according to the law; " 88. Article 191 shall read as follows: "" Art. 191. -The provisions provided for on stock companies, regarding the right to appeal the decisions of the general meeting, shall also apply to companies with limited liability, the 15-day period provided for in art. 131 131 para. ((2) to run from the date on which the associate became aware of the decision of the general meeting which he is attacking. " 89. Paragraph 3 of Article 192 shall read as follows: " (3) Provisions art. 75, 76, 77 para. ((1) and 79 shall also apply to limited liability companies. " 90. Article 194 shall read as follows: "" Art. 194. -(1) Provisions art. 155 155 para. ((1) and (2) shall apply accordingly. (2) In companies that do not fall within the provisions of art. 155 155 para. (1) the assembly of associates may appoint one or more censors. (3) If the number of associates passes 15, the appointment of censors is mandatory. (4) The provisions laid down for the censors of joint stock companies shall also apply to censors in limited liability companies. (5) In the absence of censors, each of the associates, who is not the administrator of the company, shall exercise the right of control that the associates have in the societies in collective name. " 91. Paragraph 1 of Article 196 shall read as follows: "" Art. 196. -(1) Financial statements will be drawn up according to the rules laid down for the joint stock company After approval by the general assembly of the associates, they will be submitted by administrators to the general directions of the competent public finances, within the deadlines provided by law. A copy of the annual financial situation will be deposited at the trade register office. It will make the announcement provided in art. 180 180 para. ((3). ' 92. Paragraph 1 of Article 199 shall read as follows: "" Art. 199. -(1) The constitutive act may be amended by the decision of the general meeting adopted under the law or by an addendum to the articles of association or by the judgment of the court, under the conditions 218 218 para. ((2 ^ 1) and art. 221 221 para. ((1 ^ 1). ' 93. After paragraph 1 of Article 199, paragraphs 1 ^ 1 and 1 ^ 2 shall be inserted as follows: " (1 ^ 1) The authentic form of the modifier adopted by the associates is mandatory when it has as its object: a) increase of the share capital by subscribing as a contribution in the nature of a land; b) the modification of the legal form of the company in a company in a collective name or in a simple order; c) increase of the share capital by public subscription. ((1 ^ 2) 16 16 applies also to the change of name or to that of the continuation of the limited liability company with a single associate. " 94. paragraphs 2 and 3 of Article 199 shall read as follows: " (2) The amending act, including references to the amended texts of the articles of association, shall be recorded in the trade register on the basis of the conclusion of the delegated judge, except as provided by art. 218 218 para. ((2 ^ 1) and art. 221 221 para. ((1 ^ 1), when the registration will be made on the basis of the irrevocable exclusion decision. (3) After registration in the commercial register, the amending act shall be sent, ex officio, to the Official Monitor of Romania, for publication in Part IV, by the trade register, at the expense of the company. " 95. Paragraph 3 of Article 203 shall read as follows: " (3) Any creditor of the company, whose claim is established by a title prior to the publication of the judgment, may make opposition under the conditions of art. 62 62. " 96. Article 203 (4) shall be inserted as follows: " (4) Chirographic creditors whose claims are found by titles prior to the publication of the judgment may obtain, by way of opposition, the anticipated chargeability of their claims on the expiry date of the two-month period provided by par. ((1), unless the company has provided real or personal guarantees accepted by creditors. " 97. Paragraph 3 of Article 205 shall read as follows: "(3) The favourable differences in the revaluation of the assets will be included in the reserves, without increasing the share capital." 98. In Article 207 (2), the letter e) shall read as follows: "" e) the last approved financial situation, the report of the censors or the report of financial auditors 99. Article 208 shall read as follows: "" Art. 208. -Increase of the share capital of a company through the public offering of securities, defined as such by Government Emergency Ordinance no. 28/2002 , approved and amended by Law no. 525/2002 , with subsequent amendments and completions, it is subject to that normative act. " 100. Article 211 will read as follows: "" Art. 211. -(1) Shares issued for the increase of the share capital will be offered for subscription primarily to existing shareholders, in proportion to the number of shares they possess, which may exercise their right of preference only inside the term decided by the general assembly, if the constituent act does not provide for another After the expiry of this period, the shares will be offered for subscription to the public. (2) The operation to increase the share capital carried out without granting the right of preference to the existing shareholders, provided in par. ((1), shall be struck by absolute nullity. " 101. In Article 218, paragraph 2 is inserted after paragraph 2 with the following contents: "(2 ^ 1) As a result of the exclusion, the court will order, by the same decision, the structure of participation in the share capital of the other associates." 102. Paragraph 3 of Article 218 shall read as follows: "(3) The irrevocable decision of exclusion will be submitted, within 15 days, to the office of the trade register to be registered, and the device of the decision will be published at the request of the company in the Official Gazette of Romania, Part IV." 103. Article 221 (1) shall be inserted after paragraph 1 with the following contents: " (1 ^ 1) In the situation referred to in par. ((1) lit. c), the court will order, by the same decision, the structure of participation in the share capital of the other associates. " 104. Paragraph 2 of Article 222 shall read as follows: " (2) In the case provided in par. ((1) lit. a), associations must be consulted by administrators, at least 3 months before the expiry of the duration of the company, with regard to its eventual extension. In absentia, at the request of any of the associates, the tribunal will be able to order, by conclusion, the consultation, according to 119 119. " 105. Paragraph 2 of Article 223 shall read as follows: " (2) The company in order on shares or with limited liability shall dissolve in the case and under the conditions provided by par. ((1) lit. a) and b). " 106. Article 232 will read as follows: "" Art. 232. -(1) At the request of any interested person, as well as the National Trade Register Office, the Tribunal will be able to pronounce the dissolution of the company in cases where: a) the company no longer has statutory bodies or they can no longer meet; b) the company did not submit, no later than 6 months after the expiry of the legal deadlines, the annual financial statements or other acts that, according to the law, are submitted to the trade register office; c) the company has ceased its activity, does not have its registered office or does not meet the conditions relating to the registered office or associations have disappeared or do not have the known domicile or d) the company did not complete its share capital, under the law. (2) Provisions of para. ((1) lit. c) are not applicable if the company was in temporary inactivity announced to the tax authorities and registered in the commercial register. The duration of inactivity cannot exceed 3 years. (3) The decision of the court by which the dissolution was registered shall be registered in the commercial register, shall be communicated to the general direction of the county public finances, respectively of the city of Bucharest, and shall be published in the Official Gazette Part IV, at the expense of the holder of the dissolution request, which may be directed against the company. (4) In the case of several decisions of dissolution, for the situations provided in par. (1), the advertising will be able to be carried out in the Official Gazette of Romania, Part IV, in the form of a table comprising: the unique registration code, the name, the legal form and the headquarters of the dissolved company, the court that ordered the dissolution, the number the file, number and date of the dissolution decision. In these cases the publication rates in the Official Gazette of Romania, Part IV, are reduced by 50%. (5) Any interested person may appeal against the dissolution decision, within 30 days of the advertising, under the conditions of par. ((3) and (4). Art. 60 60 para. ((3) and (4) shall apply accordingly. (6) On the date of irrevocable stay of the judgment by which the dissolution was admitted, the company shall be automatically removed from the commercial register. " 107. In Article 234, paragraph 1 is inserted after paragraph 1 with the following contents: " (1 ^ 1) When the shares are of several categories, the decision on the merger/division, pursuant to art. 113 lit. g), is subordinated to the result of the vote by category, given under art. 115 115. " 108. In Article 236, letters e) and h) shall read as follows: " e) the exchange ratio of shares or shares and, where applicable, the amount of the sulta; cannot be exchanged for shares issued by the acquiring company shares of the acquired company whose holder is, directly or through persons interposed, the absorbing company or the company itself absorbed; ................................................................. h) the date of the merger/division financial situation, which will be the same for all participating companies; " 109. Paragraph 2 of Article 237 shall read as follows: " (2) The draft merger or division, targeted by the delegated judge, shall be published in the Official Gazette of Romania, Part IV, at the expense of the parties, in full or in extract, according to the disposition of the delegated judge or the request of the parties, with the a little 30 days before the dates of the meetings in which the extraordinary general meetings are to decide, pursuant to art. 113 lit. g), on mergers/divisions. " 110. Article 239 will read as follows: "" Art. 239. -(1) The administrators of the merging or dividing companies will make available to the shareholders/associates at the registered office, at least one month before the date of the extraordinary general meeting: a) the draft merger/division; b) the taking into account of the administrators, in which the necessity of merger/division will be economically and legally justified and the exchange ratio of shares/social parts will be established; c) the financial statements together with the management reports on the last 3 financial years, as well as 3 months before the date of the draft merger/division; d) the report of the censors and, where appropriate, the financial auditors e) the report of one or more experts, natural or legal persons, appointed in compliance with art. 37 and 38, by the delegated judge, on the justet of the share/social parts exchange ratio, in the case of joint stock companies, in joint order or limited liability; for the preparation of the report, each of the experts has the right obtain from the merging companies/divide all the necessary documents and information and carry out the appropriate checks. The report will include: -the methods used to reach the proposed exchange ratio; -the assessment of whether those methods were appropriate, the mention of the values reached by each method, and the opinion on the importance of these methods between those for reaching those values; -any difficulties encountered in the course of the assessment action; f) the record of contracts with values exceeding 100,000,000 lei being executed and their distribution, in case of division of companies. (2) Shareholders/associations will be able to obtain free copies of the documents listed in par. ((1) or extracted from them. " 111. After Article 239, the following Article 239 ^ 1 is inserted: "" Art. 239 239 ^ 1. -In the case of merger by absorption, the administrators of the company absorbed, as well as the experts who developed the report provided in art. 239 239 para. ((1) lit. e) civil liability to the shareholders/associates of the company absorbed for the damages caused to them due to errors committed in the merger operation. " 112. Article 242 will read as follows: "" Art. 242. -(1) The amending act of the constitutive act of the acquiring company shall be registered in the register of trade in whose constituency the company is established and, as referred to by the delegated judge, shall be transmitted, ex officio, to the Official Monitor of the Romania, for publication in Part IV, at the expense of the company. (2) The advertising for the absorbed companies may be carried out by the acquiring company, in the cases in which those companies did not perform it, within 15 days of the modification of the amending act of the constitutive act of the absorbing company of to the delegated judge. " 113. Article 251 will read as follows: "" Art. 251. -Liquidators who prove, by presenting the annual financial situation, that the funds available to the company are not sufficient to cover the chargeable liability must ask for the necessary amounts to associates who respond unlimited or to those who have not fully carried out the wereages, if they are obliged, according to the form of the company, to procure them or, if they are debtors to the company, for the unperformed peaks, to which they were obliged as associates. " 114. Paragraph 2 of Article 254 shall read as follows: " (2) Within 15 days after the end of the liquidation, the liquidators shall require the removal of the company from the commercial register, under penalty of a judicial fine of 2,000,000 lei for each day of delay, which shall be applied by the judge-delegate, following the referral of any interested party, by conclusion. The conclusion of the delegated judge shall be enforceable and subject to appeal. " 115. Paragraph 2 of Article 255 shall read as follows: " (2) In joint-stock companies and in order on shares the registers provided by art. 172 172 para. ((1) lit. a)-f) will be submitted to the trade register to which the company was registered, where any interested party will be able to become aware of them with the authorization of the delegated judge, and the rest of the acts of the company will be submitted to the National Archives 116. Paragraphs 1, 2 and 4 of Article 257 shall read as follows: "" Art. 257. -(1) After the end of the liquidation of the company in collective name, in simple or limited liability, the liquidators must prepare the financial situation and propose the distribution of the asset between the associates. (2) The disgruntled associate may object, under the conditions of art. 62, within 15 days from the notification of the liquidation financial situation and the distribution project. ................................................................. (4) After the expiry of the term provided in par (2) or after the sentence on the opposition has remained irrevocable, the financial situation of liquidation and distribution shall be deemed approved and the liquidators shall be released. " 117. Paragraph 1 of Article 259 shall read as follows: "" Art. 259. -(1) The administrators shall submit to the liquidators a report on the management of the last time from the last financial situation approved until the liquidation. " 118. Paragraph 2 of Article 260 shall read as follows: "(2) When the management is over the duration of a financial year, the report shall be annexed to the first financial situation which the liquidators submit to the general meeting." 119. Article 261 will read as follows: "" Art. 261. -If the liquidation is extended beyond the duration of the financial year, the liquidators are obliged to draw up the annual financial situation, complying with the provisions of the law and the articles of association 120. Paragraphs 1 and 2 of Article 262 shall read as follows: "" Art. 262. -(1) After the end of the liquidation, the liquidators shall draw up the final financial situation, showing the right side to each share of the distribution of the company's asset, accompanied by the report of the censors or, as the case may be, the report (2) The financial situation, signed by the liquidators, will be submitted, in order to be mentioned, at the trade register office and will be published in the Official Gazette of Romania, Part IV. " 121. Paragraph 1 of Article 263 shall read as follows: "" Art. 263. -(1) If the term provided for in art. 260 260 para. (3) has expired without opposition, the financial situation shall be considered approved by all shareholders, and the liquidators shall be released, subject to the distribution of the company's asset. " 122. Paragraph 1 of Article 264 shall read as follows: "" Art. 264. -(1) The amounts due to shareholders, not collected within two months from the publication of the financial situation, shall be deposited with a bank or one of its units, showing the name and surname of the shareholder, if the shares are nominative, or the number of shares, if they are bearer. " 123. Item 2 of Article 265 will read as follows: "" Two. present, in bad faith, to shareholders/associates a financial situation inaccurate or with inaccurate data on the economic conditions of the company, in order to hide its real situation; " 124. Point 5 of Article 266 will read as follows: "5. collect or pay dividends, in any form, from fictitious profits or which could not be distributed, in the absence of financial situation or to the contrary to those resulting from it;" 125. The introductory part of Article 268 will read as follows: "" Art. 268. -It is punishable by imprisonment from one month to one year or by fine the administrator, director, chief executive or legal representative of the company, who: " 126. The introductory part of paragraph 1 of Article 269 shall read as follows: "" Art. 269. -(1) It is punishable by imprisonment from one month to one year or by fine the administrator who: " 127. Article 270 will read as follows: "" Art. 270. -It is punishable by imprisonment from one month to one year or by fine the censor who does not convene the general assembly in cases where it is bound by law. " 128. The introductory part of paragraph 1 of Article 273 shall read as follows: "" Art. 273. -(1) It is punishable by imprisonment from 6 months to 3 years or with a fine the shareholder or bondholder who: " 129. Paragraph 2 of Article 273 shall read as follows: " (2) The person who determines on a shareholder or a bondholder that, in exchange for a sum of money or another material advantage, to vote in a certain sense in the general meetings or not to take part in the vote shall be punished with imprisonment of at 6 months to 3 years or with a fine. " 130. Letter a) of Article 276 shall read as follows: " a) falsifying, evading or destroying the company's records or hiding part of the company's asset, the appearance of non-existent debts or the presentation in the register of the company, in another act or in the financial statements of certain amounts unowed, each of these acts being committed for the apparent diminution of the value of the assets; " 131. After Article 286, the article 286 ^ 1 is inserted as follows: "" Art. 286 286 ^ 1. -The Government will be able to modify, annually, by decision, the minimum amount of social capital established in art. 10 10 para. (1), taking into account the inflation rate, so that, by December 31, 2005, for joint stock companies and in order on shares, the share capital shall not be less than the equivalent in lei of the amount of 25,000 euros. The Government's decision will also include the deadline for completing social capital. + Article X Title VI 'Legal regime of real securities' of the Law no. 99/1999 on certain measures to accelerate economic reform, published in the Official Gazette of Romania, Part I, no. 236 of 27 May 1999, as amended, shall be amended as follows: 1. Letters a) and c) of Article 2 shall read as follows: " a) all the rights of claims; ...................................................................... c) all forms of rental, including any leasing, for more than one year, having as object the goods provided in art. 6 6 of this Title; ' 2. In Article 6 (5), letters g) and h) shall read as follows: " g) the guaranteed claim rights; h) negotiable instruments; " 3. Article 6 (5), point n) shall be repealed. 4. Paragraph 1 of Article 10 shall read as follows: "" Art. 10. --(1) Any type of obligation to give, do or not make is liable to be guaranteed with the actual guarantee regulated by this title, including future obligations, under condition, divisible or determinable. " 5. Article 15 shall read as follows: "" Art. 15. --The actual collateral agreement will indicate the maximum amount of the guaranteed obligation. " 6. Paragraph 1 of Article 24 shall read as follows: "" Art. 24. -(1) Any good that replaces the good constituted as a guarantee or the good in which the value of the property affected by the guarantee has passed is assumed to be the product of the original good, unless the debtor will provide proof of the contrary. " 7. Paragraph 1 of Article 26 shall read as follows: "" Art. 26. -(1) When the actual security includes all the debtor's property or only the goods of a certain kind thereof, the debtor may, at any time, require a confirmation from the creditor of the amount of the obligation remaining to be guaranteed or a list details of the goods affected by the guarantee For this purpose, the debtor will give the creditor a list of the estimated valuation of the goods affected by the guarantee, to be confirmed by him. " 8. Article 28 shall read as follows: "" Art. 28. -Compared to third parties, including to the State, a real guarantee and the other real duties on goods subject to the provisions of this Title shall have the rank of priority established at the time when the actual guarantee or actual tasks have been made public by one of the methods set out 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 guarantee contract, has a privilege by the simple effect of the law, including the privilege of the state or administrative-territorial units for claims arising from taxes, fees, fines and from other amounts of public revenue owed to them, shall take precedence over the creditor's actual guarantee of the property in question only when the privilege fulfils the advertising condition by enrolling it to the archive or through the possession of good. " 10. Paragraph 2 of Article 57 shall read as follows: " (2) The database shall include the date, time, minute and second of the recording. ' 11. Paragraph 2 of Article 68 shall read as follows: "" (2) The creditor shall advance the expenses and shall bear the risks related to the transportation and storage of the goods in question. " 12. Paragraph 3 of Article 71 shall read as follows: "" (3) Notification shall be made in any way that ensures proof of its receipt. " 13. Paragraph 1 of Article 75 shall read as follows: "" Art. 75. --(1) Within 5 days off from the receipt of the notification, the debtor, the creditor or the owner of the property, if he has an interest, may object to the sale of the property to the competent court, according to the Code of Civil Procedure. " 14. Paragraph 1 of Article 80 shall read as follows: "" Art. 80. -(1) If the guaranteed obligation has not been paid, and the property affected by the guarantee or the products obtained from its sale represent amounts deposited in an account with a bank, the creditor shall notify it of its intention to recover its claim from the amounts deposited in that account " 15. paragraphs 1 and 2 of Article 82 shall read as follows: "" Art. 82. -(1) After blocking the account, according to art. 81 81 para. (2), the bank will pay from this account the guaranteed debtor's debt, according to the creditor's request. (2) If, according to the order of priority regulated by this title, another creditor has higher priority over the deposit account, the bank must first pay the creditor with the higher priority degree, even if the claim it has not become chargeable. " 16. Article 86 shall be repealed. 17. Paragraph 2 of Article 88 shall read as follows: " (2) The creditor may retain the amounts obtained as a result of such a sale, after paying the debtor the due rights, according to par. ((1). ' 18. Paragraph 1 of Article 91 shall read as follows: "" Art. 91. -(1) The real guarantee on a tangible movable property, which is opposable, according to the law of the place where the property is located at the time of its establishment, maintains its rank of priority in Romania, if the registration was made at the archive: a) before the rank of priority acquired according to the law of the place where the property was established was established; and b) no later than 60 days from the date on which the property was brought to Romania; or c) no later than 15 days from the date on which the creditor knew that the good was brought to Romania. " 19. Paragraph 1 of Article 92 shall read as follows: "" Art. 92. -(1) The guarantee of the lessor or the financier, which is opposable regardless of the existence of advertising formalities, according to the law of the place where the property is at the date of conclusion of the lease or lease, maintains its rank of priority, if the recording to the archive, according to this title, was made: a) before it ceases the rank of priority, acquired according to the law of the place where the good was when the guarantee was constituted, and b) no later than 60 days from the date on which the good was brought to Romania, or c) no later than 15 days from the date on which the creditor knew that the good was brought to Romania. " 20. In Article 93 (1), letter b) shall read as follows: "b) negotiable securities, which are not in the creditor's possession." 21. Paragraph 3 of Article 93 shall read as follows: " (3) In the present title, by the place where the creditor, the lessor, the financier, the debtor, the lessee or, as the case may be, the user is understood the professional premises, domicile or residence of the individual or the registered office of the person legal. " 22. Article 94 shall read as follows: "" Art. 94. -If the debtor, the lessee or the user changes his domicile or headquarters, as defined in art. 93 93 para. ((3) or if the debtor constitutes a guarantee in favour of a person in another state, the rental, leasing or real guarantee that has acquired a rank of priority, according to this title, shall preserve its rank in Romania, if the actual guarantee or lease or lease contract is registered abroad: a) before the date on which, according to the present title, the actual security or registration of the lessor or the financier loses its priority; and b) within 60 days from the date on which the debtor, lessee or user is established abroad or from the date on which the debtor constitutes the guarantee in favour of a person abroad; or c) no later than 15 days from the date on which the creditor became aware that the debtor, the lessee or the user has settled abroad or that he has constituted the guarantee in favour of a person 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 public income, may take precedence over a creditor with a real guarantee, only if they have registered their claim to the archive or, as the case may be, in the real estate advertising documents, before the entry of such a guarantee by the guaranteed creditor. " + Article XI Law no. 87/1994 * *) to combat tax evasion, published in the Official Gazette of Romania, Part I, no. 299 of 24 October 1994, as amended, shall be amended and supplemented as follows: Note
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* *) Law no. 87/1994 to combat tax evasion was republished in the OFFICIAL GAZETTE no. 545 545 of 29 July 2003. Changes in Law no. 161/2003 refers to the form Law no. 87/1994 nerepublicata.
LAW no. 87 87 of 18 October 1994 republished in the OFFICIAL GAZETTE no. 545 545 of 29 July 2003 was repealed by letter a) art. 16 of LAW no. 241 241 of 15 July 2005 , published in MONITORUL OFFICIAL no. 672 672 of 27 July 2005.
---------- 1. Article 1 shall read as follows: "" Art. 1. -Tax evasion is evading by any means from the imposition or payment of taxes, taxes, contributions and other amounts due to the state budget, local budgets, state social insurance budget and fund budgets. special by natural persons and Romanian or foreign legal entities, referred to in the taxpayer law. " 2. In Article 3, a new paragraph shall be inserted as follows: " Taxpayers who make income from the activity of trade or services to the population are obliged to display, in the places where the activity is carried out, the operating authorization and the registration certificate containing the code unique recording assigned. " 3. In Article 4, a new paragraph is inserted as follows: " Taxpayers are obliged to use for the work carried out primary and accounting records established by law, purchased only from the units established by the legal norms in force and to complete the headings in full forms, corresponding to registered operations. '; 4. Article 9 shall read as follows: "" Art. 9. -It constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine the refusal to present control bodies, empowered according to the law, supporting documents and accounting documents, as well as material goods subject to taxes, duties and contributions to public funds in order to establish budgetary obligations. " 5. Article 10 shall read as follows: "" Art. 10. -It constitutes a crime and is punishable by imprisonment from 6 months to 5 years and prohibition of some rights or fine non-preparation, incomplete or improper preparation of primary documents or acceptance of such documents for the purpose preventing financial-accounting checks, if the act had as a consequence the reduction of taxable income or sources. With the punishment provided in par. 1 shall be sanctioned and put into circulation, in any way, without right or possession for the purpose of putting into circulation, without right, financial and fiscal documents. " 6. Article 11 shall read as follows: "" Art. 11. -It constitutes crimes and is punishable by imprisonment from 2 to 8 years and the prohibition of some rights the following facts: a) evading the payment of tax obligations by not registering activities for which the law provides for the obligation to register or by exercising unauthorized activities, in order to obtain income; b) evading in full or in part from the payment of tax obligations, for the purpose of obtaining income, by not declaring taxable income, hiding the object or taxable or taxable source or by diminishing the income as a result of fictitious operations; c) omission, in whole or in part, of highlighting in accounting acts or in other legal documents, of commercial operations carried out or of realized incomes or the registration of operations or unreal expenses, in order not to pay or to reduce tax, tax or contribution; d) the organization and management of double accounting records, alteration or destruction of accounting documents, memoirs of taxing or fiscal electronic cash registers or other means of data storage, in order to reduce revenues or sources taxable; e) the issuance, distribution, purchase, completion or acceptance with the science of false tax documents. The attempt is punishable. " 7. Article 12 shall read as follows: "" Art. 12-Constituent crimes and are punishable by imprisonment from 3 to 10 years and the prohibition of some rights the following facts: a) evading the payment of tax obligations by divesting the shares held in a limited liability company, carried out for this purpose; b) evading financial-fiscal control by declaring fictitious about the premises of a company, at the premises of the subunits or at the premises of the working points, as well as changing them without fulfilling the conditions provided by law, carried out for this purpose. " 8. Articles 13 to 16 shall be repealed. 9. Article 17 (1), (b) and (k) shall be repealed. 10. Paragraph 2 of Article 17 shall read as follows: " The contraventions provided in par. 1 is sanctioned with a fine of 500,000 lei to 30,000,000 lei, for individuals and with a fine from 5,000,000 lei to 100,000,000 lei, for legal entities. " 11. Article 18 shall be repealed. 12. Article 20 shall read as follows: "" Art. 20. -The finding of contraventions and the application of sanctions shall be made by the financial-fiscal control bodies of the Ministry of Public Finance and subordinated territorial units, the Financial Guard and by the other control bodies ability according to law. " 13. Article 21 shall be repealed. 14. Article 22 shall read as follows: "" Art. 22. -The provisions of this Law on contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " + Article XII Law no. 26/1990 on the trade register, republished in the Official Gazette of Romania, Part I, no. 49 49 of 4 February 1998, as amended and supplemented, Law no. 31/1990 on companies, republished in the Official Gazette of Romania, Part I, no. 33 33 of 29 January 1998, with subsequent amendments and completions, Title VI "Legal regime of real securities" of Law no. 99/1999 on certain measures to accelerate 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 the fight against tax evasion, as amended, as well as with those brought by this title, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Title III Regulations on public office and civil servants + Article XIII Law no. 188/1999 on the Statute of civil servants, published in the Official Gazette of Romania, Part I, no. 600 of 8 December 1999, as amended and supplemented, shall be amended and supplemented as follows: Note
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* *) Law no. 188/1999 on the Statute of Civil Servants was republished in the OFFICIAL GAZETTE no. 251 251 of 22 March 2004. Changes in Law no. 161/2003 refers to the form Law no. 188/1999 nerepublicata.
---------- 1. Article 1 shall read as follows: "" Art. 1. -(1) The present law regulates the general regime of legal relations between civil servants and public authorities and institutions in the central and local public administration, hereinafter referred to as service relations. (2) The purpose of the present law is to ensure, in accordance with the legal provisions, a stable, professional, transparent, efficient and impartial public service, in the interest of citizens, as well as of public authorities and institutions of central and local public administration. " 2. Article 2 shall read as follows: "" Art. 2. -(1) The public office represents all the duties and responsibilities, established under the law, in order to achieve the prerogatives of public power by the central and local public administration. (2) The public servant is the person appointed, under the present law, in a public office. The person to whom the service report has ceased for reasons not attributable to them retains the status of a public official, continuing to be part of the reserve corps of civil servants. (3) The activities carried out by civil servants, involving the exercise of public powers, are as follows: a) the execution of laws and other normative acts; b) elaboration of draft normative acts and other regulations specific to the public authority or institution, as well as to ensure their approval; c) elaboration of projects of policies and strategies, programs, studies, analyses and statistics, as well as documentation on the application and execution of laws, necessary for the realization of the competence of the public authority or institution; d) advice, control and internal public audit; e) the management of human resources and financial resources; f) collection of budgetary claims; g) the representation of the interests of the public authority or institution in its relations with natural or private individuals or legal entities, from the country and abroad, within the limits of the powers established by the head of the authority public, as well as the legal representation of the public authority or institution in which it operates; h) carrying out activities in accordance with the strategy of computerization of public administration. (4) Public functions are set out in the Annex to this Law. (5) For the purposes of this law, the totality of public officials in the public authorities and public institutions of the central and local public administration shall constitute the body of 3. Article 3 shall be repealed. 4. Article 4 shall read as follows: "" Art. 4. -The principles underlying the exercise of public office are: a) legality, impartiality and objectivity; b) transparency; c) efficiency and effectiveness; d) responsibility, in accordance with the legal provisions; e) guidance to the citizen; f) stability in the exercise of public office g) hierarchical subordination. " 5. Article 4 shall be inserted after Article 4 with the following contents: "" Art. 4 4 ^ 1. -(1) The service reports shall be born and exercised on the basis of the administrative act of appointment, issued under the law. (2) The exercise of service relations shall be carried out indefinitely. (3) By exception to par. (2), public offices may be occupied for a fixed period, under the conditions expressly provided by law. " 6. Paragraph 1 of Article 5 shall read as follows: "" Art. 5. -(1) They may benefit from special statutes, civil servants operating in the following public services: a) the specialized structures of the Romanian Parliament; b) the specialized structures of the Presidential Administration; c) the specialized structures of the 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 do not apply to: a) the employees of the personal apparatus of the public authorities and institutions carrying out secretarial, administrative, protocol, management, maintenance-repair and service activities, as well as other personnel who do not exercise powers of public power; b) employed personnel, on the basis of personal trust, at the dignitary's office; c) the body of magistrates; d) teachers; e) persons appointed or elected to public dignity. " 8. Chapter II is amended and shall read as follows: "" CHAPTER II Classification of public functions. Categories of civil servants Article 7. -(1) Public functions shall be classified as follows: a) general public functions and specific public functions; b) public functions in class I, public functions in the second grade, public functions in the third grade. (2) The general public functions represent all the tasks and responsibilities of a general nature and common to all public authorities and institutions, in order to achieve their general competences. (3) The specific public functions represent all tasks and responsibilities specific to public authorities and institutions, in order to achieve their specific competences. Article 8. -Public functions are divided into three classes, defined in relation to the level of studies required to fill public office, as follows: a) Class I includes the public functions for which higher than long-term studies are required, graduated with a bachelor's degree or equivalent; b) Class II includes the public functions for which higher than short-term studies are required, graduated with a diploma; c) Class III includes the public functions for which secondary secondary school studies, graduated with a diploma, are required. Article 9. -(1) After the level of the duties of the public office holder, the public functions shall be divided into three categories as follows: a) public functions corresponding to the category of senior civil servants; b) public functions corresponding to the category of leading public servants; c) public functions corresponding to the category of public execution officials. (2) Public servants appointed to the public offices of Classes II and III may occupy only public execution functions, with the exceptions provided by the special laws. Article 10. -(1) Civil servants are debutants or definitively. (2) The persons who have promoted the contest for the occupation of a public office may be appointed junior civil servants and do not meet the conditions provided by law for the occupation of a final public office. (3) The final public servants may be appointed: a) the junior civil servants, who carried out the period of internship provided for by the law and obtained the corresponding result at the evaluation; b) persons who enter the body of civil servants through competition and who have seniority in the specialty corresponding to public office, of at least 12 months, 8 months and 6 months, respectively, depending on the level of graduate studies; c) persons who have promoted training and improvement programs in public administration. Article 11. -The category of senior civil servants includes persons who are appointed to one of the following public functions: a) Secretary General of the Government and Deputy Secretary General of the Government; b) State Counselor; c) Secretary-General and Deputy Secretary-General of Ministries and other specialized bodies of the central public administration; d) Prefect; e) sub-prefect; f) general secretary of the prefecture, general secretary of the county and of the city of Bucharest; g) Director-General of the Ministries and other specialized bodies of the central public administration. Article 12-(1) The category of leading public officials shall include persons appointed in one of the following public functions: a) secretary of the municipality, of the sector of Bucharest, of the city and commune; b) Deputy Director General, Director and Deputy Director in the apparatus of ministries and other specialized bodies of the central public administration; c) Executive Director and Deputy Executive Director of the decentralized public services of ministries and other specialized bodies of the central public administration, as well as within the own apparatus of the administration authorities local public; d) Head of service; e) Head office. (2) The public management officials shall organize, coordinate, guide and control the activities referred to in art. 2 2 para. ((3), under the authority of a higher hierarchical public official or a dignitary. Article 13. -(1) There are civil servants of execution in class I, persons appointed in the following public offices: expert, adviser, inspector, legal adviser, auditor. (2) They are civil servants of execution in the second grade, persons appointed to the public office of specialized reviewer. (3) They are civil servants of execution in the third grade, persons appointed to the public office of reviewer. Article 14. -The public execution functions are structured on professional degrees, as follows: a) superior, as a maximum level; b) principal; c) assistant; d) debutant. " 9. Articles 15, 15 ^ 1, 16 and 17 shall be repealed. 10. Chapter III shall read as follows: "" CHAPTER III Category of senior civil servants Article 18. -(1) It may belong to the category of senior civil servants the person who cumulatively meets: a) the conditions provided in art. 49 49; b) has long-term higher education, graduated with a bachelor's degree or equivalent; c) has completed specialized training and improvement programs in public administration or other specific fields of activity, organized, as the case may be, by the National Institute of Administration or other specialized institutions, organized in the country or abroad, or acquired the scientific title of doctor in the specialty of the respective public office; d) is at least 7 years old in the specialty of the respective public office; e) promoted the contest organized for the occupation of a public office provided in art. 11. (2) In exceptional cases, the seniority provided in par. ((1) lit. d) can be reduced by up to 3 years per person who has the legal competence to appoint to the public office. Article 19. -(1) The admission contest to the training programs specialized in public administration is organized by the National Institute of Administration, based on the Regulation of organization and conduct of the contest. (2) The Regulation on the organization and conduct of the admission contest to the training programs in public administration, organized by the National Institute of Administration, is approved by Government decision, at the proposal of the Ministry of Development Regional and Public Administration. Art. 19 ^ 1. -(1) The appointment of senior civil servants shall be made by: a) Government, for the public functions provided in art. 11 lit. a) and d); b) Prime Minister, for the public functions provided in art. 11 lit. b), c) and e); c) Minister of Public Administration, for the public functions provided in art. 11 lit. f); d) the Minister or, as the case may be, the head of the public authority or institution, for the functions 11 lit. g). (2) For the appointment to public offices in the category of senior civil servants, a competition commission consists of five personalities, recognized as specialists in public administration, appointed by decision of the Prime Minister, to The proposal of the Minister Article 19 ^ 2. -The termination of service relations of senior civil servants is made, under the law, according to art. 19 ^ 1 para. ((1). ' 11 paragraphs 1 and 2 of Article 20 shall read as follows: "" Art. 20. -(1) For the creation and development of a body of professional, stable and impartial civil servants shall be established, subordinated to the Ministry of Regional Development and Public Administration, the National Agency of Public Servants, organ of specialty of central public administration, with legal personality. (2) The National Agency of Public Servants is headed by a President, with the rank of Secretary of State, appointed by the Prime Minister, on the proposal of the Minister of Public Administration. In the exercise of his duties, the President of the National Agency of Public Servants shall issue normative and individual orders. " 12. Article 21 shall read as follows: "" Art. 21. -(1) The National Agency of Public Servants shall have the following tasks: a) develop policies and strategies on the management of public office and civil servants; b) elaborates and endorses draft normative acts on public office and civil servants; c) monitor and control the application of public office and civil servants legislation within public authorities and institutions; d) develop common regulations, applicable to all public authorities and institutions, on public functions, as well as instructions on the unitary application of public office and civil servants legislation; e) elaborates the draft law on establishing the unitary wage system for civil servants; f) establishes the criteria for assessing the activity of civil servants g) centralize the training proposals of civil servants, established as a result of the evaluation of the individual professional performance of civil servants; h) collaborates with the National Institute of Administration in establishing the specific topics of training programs specialized in public administration and improvement of public officials; i) prepares and administers the database of public offices and civil servants; j) approves the conditions of participation and the procedure for organizing selection and recruitment for general public functions, endorses and monitors recruitment for specific public functions; k) carry out the redistribution of civil servants to whom the service relations have ceased for reasons not attributable to them; l) provide specialized assistance and methodologically coordinate the human resources compartments within the central and local public administration authorities and institutions; m) participates in the negotiations between the representative trade union organizations of civil servants and the Ministry of Regional Development and Public Administration; n) collaborate with bodies and with international organizations in its field of activity; o) elaborates annually, in consultation with public authorities and institutions, the Public Service Employment Plan, which it submits for approval to the Government; p) prepares the annual report on the management of public functions and civil servants, which it presents to the Government. (2) The National Agency of Public Servants shall perform any other duties established by law. (3) The National Agency of Public Servants has active legal legitimation and may refer the matter to the competent administrative court regarding: a) the acts by which the public authorities or institutions violate the legislation on public office and civil servants, established as a result of their own control activity; b) the refusal of public authorities and institutions to apply the legal provisions in the field of public office and civil servants. (4) The act attacked according to para. ((3) is suspended by law. (5) The President of the National Agency of Public Servants may also refer the matter to the prefect in connection with illegal acts issued by local public authorities or institutions. 13. Article 22 shall read as follows: "" Art. 22. -(1) The public office employment plan shall determine: a) the number of public functions reserved for the promotion of public servants who meet b) the number of public functions that will be reserved for graduates of training programs specialized in public administration, organized by the National Institute of Administration or similar institutions abroad; c) the number of public functions that will be filled by competition; d) the number of public functions to be established; e) the number of public functions to be reorganized; f) the maximum number of public functions on each class, category and professional degrees; g) maximum number of public management functions. (2) The plan provided in par. (1) shall be drawn up by the National Agency of Public Servants, in consultation with representative trade union organizations at national level and shall be submitted for approval to the Government. " 14. Article 23 shall be repealed. 15. Article 24 shall read as follows: "" Art. 24. -The current management of human resources and public functions is organized and carried out, within each public authority and institutions, by a specialized department, which collaborates directly with the National Agency of Public Servants. " 16. Section 2 of Chapter IV shall read as follows: "" SECTION 2 Evidence of public functions and civil servants Article 25. -(1) The National Agency of Public Servants manages the national record of public offices and civil servants, on the basis of data transmitted by public authorities and institutions. (2) The records of public offices and civil servants within the public authorities and institutions shall be held by the National Agency of Public Servants. (3) In order to ensure the efficient management of human resources, as well as to pursue the career of the public official, the public authorities and institutions shall draw up the professional file for each public official. (4) The standard format of the public office and civil servants ' record, as well as the content of the professional file shall be established by Government decision, at the proposal of the National Agency of Public Servants. Art. 25 ^ 1. -(1) Public authorities and institutions shall be responsible for drawing up and updating the professional records of civil servants and ensuring that they are kept safe. ((. In cases of transfer or termination of service relations, the public authority or institution shall keep a copy of the professional file and shall hand the original to the public official, on a signature basis. (3) The authorities and public institutions shall be obliged to communicate to the National Agency of Public Servants, within 10 working days, any changes in the situation of civil servants. (4) Persons who have access to the data contained in the national record of public offices and civil servants, as well as to the professional file of the civil servant have the obligation to preserve the confidentiality of personal data, in the law. ((5) At the request of the public official, the public authority or institution shall be obliged to issue a document certifying the activity carried out by him, the seniority, in the specialty and in the public office. " 17. Paragraph 2 of Article 26 shall read as follows: "(2) Any discrimination between civil servants on political criteria, trade union membership, religious beliefs, ethnic, sex, sexual orientation, material state, social origin or any other such nature is prohibited." 18. Article 26 shall be inserted after Article 26 with the following contents: "" Art. 26 26 ^ 1. -The public official shall have the right to be informed of decisions that are taken in the application of this Statute and which concern him directly. " 19 paragraphs 1 and 2 of Article 27 shall read as follows: "" Art. 27. -(1) The right of union association is guaranteed to civil servants, with the exception of those who are appointed in the category of senior civil servants, leading public officials and other categories of civil servants to whom it is prohibited this right through special statutes. (2) Civil servants, except those provided in par. ((1), may, freely, establish trade union organizations, adhere to them and exercise any mandate within them. " 20. Article 28 shall read as follows: "" Art. 28. -Public officials are recognized the right to strike, under the law, in compliance with the principle of continuity and speed of public service. " 21. Article 29 shall read as follows: "" Art. 29. -(1) For the work carried out civil servants shall be entitled to a salary composed of: a) basic salary; b) the increase for seniority; c) job supplement; d) grade supplement. (2) Civil servants benefit from premiums and other salary rights, under the law. (3) The salary of civil servants shall be made in accordance with the provisions of the law on establishing the unitary wage system for civil servants. " 22. Article 30 shall be repealed. 23. Article 31 shall be inserted after Article 31 with the following contents: "" Art. 31 31 ^ 1. -(1) Civil servants have the right to continuously improve their professional training. (2) During the period during which the civil servants follow forms of professional improvement, they benefit from the due salary rights, if they are: a) organized at the initiative or in the interest of the public authority or b) followed at the initiative of the civil servant, with the consent of the head of the public authority c) organized by the National Institute of Administration, the regional training centers continue for the local public administration, under the law, or by other specialized institutions in the country or abroad. ((3) If training and professional improvement, in the forms provided in par. (2), it is organized outside the locality where the public authority or institution has its headquarters, the civil servants benefit from the delegation rights, under the law. (4) In order to cover the expenses of training and professional development programs of civil servants, organized under the conditions of par. ((2) lit. a) and c), the public authorities and institutions are required to provide in their annual budget the amounts necessary for those expenses. " 24. Article 32 (1) shall be inserted after Article 32: "" Art. 32 32 ^ 1. -Public servants, with the exception of civil civil servants in the ministries on national defence, public order and national security may be elected or appointed to a position of public dignity, under the law. " 25. Article 35 shall read as follows: "" Art. 35. -(1) Public authorities and institutions have the obligation to provide civil servants with normal working and hygiene conditions, such as to protect their health and physical and mental integrity. (2) Public servants may, exceptionally, be approved for reasons of health, changing the compartment in which they operate. The change may be made on an appropriate public function, if the civil servant concerned is professionally fit to perform the new duties incumbent on him. " 26. Paragraph 2 of Article 39 shall read as follows: " (2) The public authority or institution is obliged to ensure the protection of the civil servant against the threats, violence, acts of outrage to which the victim may be in the exercise of public office or in connection with it. In order to guarantee this right, the public authority or institution will request the support of the competent bodies, according to 27. Article 41 shall read as follows: "" Art. 41. -(1) Civil servants have the obligation to perform with professionalism, impartiality and in accordance with the law, duty of service and to refrain from any act that could harm natural or legal persons or Public servants ' body prestige. (2) Leading public servants are obliged to support the proposals and motivated initiatives of subordinate staff in order to improve the work of the public authority or institution in which they operate, as well as quality of public services offered to citizens (3) Public servants have the duty to comply with the norms of professional and civic conduct provided by law. " 28. Article 42 shall read as follows: "" Art. 42. -(1) Civil servants shall be obliged, in the exercise of their duties, to refrain from the public expression or manifestation of their political beliefs and preferences, not to favour any political party and not to participate in the political activities during the working hours. (2) Public servants are prohibited from being part of the governing bodies of political parties. " 29. in Article 43, after paragraph 1, the following paragraph 1 shall be inserted: "(1 ^ 1) The public servant is obliged to comply with the provisions received from the hierarchical superiors." 30. Paragraph 2 of Article 43 shall read as follows: " (2) The civil servant has the right to refuse, in writing and motivated, to fulfill the provisions received from the hierarchical superior, if he considers them illegal. If the person who issued the provision formulates it in writing, the civil servant shall be obliged to execute it, unless it is manifestly illegal. The civil servant shall have the duty to inform the hierarchical supervisor of the person who issued the provision, such situations. " 31. Article 44 shall read as follows: "" Art. 44. -Public servants have the obligation to keep state secret, service secret, as well as confidentiality in relation to the facts, information or documents they are aware of in the exercise of public office, under the law, with the exception of public interest information. ' 32. Article 45 shall be repealed. 33. Paragraph 2 of Article 46 shall read as follows: " (2) Upon appointment to a public office, as well as to the termination of the service report, civil servants are obliged to present, under the law, the ruler of the public authority or institution, the declaration of wealth. The declaration of wealth is updated annually, according to the law. 34. Article 47 shall read as follows: "" Art. 47. -(1) Civil servants have the obligation to solve, within the deadlines established by the hierarchical superiors, the assigned works. (2) Public servants are prohibited from receiving directly applications whose resolution falls within their competence or to discuss directly with the applicants, except those to whom such duties are established, as well as to intervene for the settlement these requests. " 35. Article 48 shall read as follows: "" Art. 48. -(1) Civil servants are obliged to follow forms of professional improvement, organized by the National Institute of Administration or other institutions empowered according to the law, whose cumulative duration is at least 7 days per year. (2) Civil servants following training programs specialized in public administration, with a duration of more than 90 days, organized by the National Institute of Administration or other similar institutions abroad, financed from the budget state or local, are obliged to commit in writing that they will work in public administration, at least 5 years after the end of the programs. (3) In case of non-compliance with the commitment, civil servants shall be obliged to return to the institution or public authority the amount of expenses incurred for improvement, calculated under the law. (4) The provisions of par. (3) shall also apply where persons who have followed a form of improvement under the conditions of paragraph 1. ((2) and art. 31 ^ 1 para. (2) and did not absolve her of their guilt. In this case civil servants are obliged to pay back the salary rights received during this period. (5) Provisions of para. ((4) shall not apply where the civil servant no longer holds the public office for reasons not attributable to him. " 36. Article 48 shall be inserted after Article 48 with the following contents: "" Art. 48 48 ^ 1. -Public servants have the obligation to observe exactly the legal regime of conflict of interest and incompatibilities, established according to the law. " 37. Chapter VI is amended and shall read as follows: "" CHAPTER VI Civil servants ' Section I Recruitment of civil servants Article 49. -May occupy a public office the person who meets the following conditions: a) has Romanian citizenship and domicile in Romania; b) knows the Romanian language, written and spoken; c) is at least 18 years of age; d) has full exercise capacity; e) has a state of health corresponding to the public office for which he is running, attested on the basis of specialized medical examination; f) meets the conditions of studies provided by law for public office; g) meets the specific conditions for public office; h) was not convicted of committing a crime against humanity, against the state or against authority, service or in connection with the service, which prevents the execution of justice, of false or of corruption or of a crimes committed with intent, which would make it incompatible with the exercise of public office, except for the situation in which rehabilitation intervened; i) has not been deposed from a public office in the last 7 years; j) did not carry out political police activity, as defined by law. Art. 49 ^ 1. -(1) The occupation of vacant public functions can be done through promotion, transfer, redistribution and competition. (2) The conditions of participation and the procedure for organizing the competition will be determined under the conditions of this law, and the contest will be organized and managed as follows: a) by the competition commission provided for in art. 19 ^ 1 para. (2), for senior civil servants; b) by the National Agency of Public Servants, for the occupation of public vacant management positions, with the exception of public offices of head office and head of service; c) by the authorities and public institutions of the central and local public administration, for the occupation of the public offices of chief office and head of service, as well as for the occupation of public execution functions and, respectively, the specific public functions holidays, with the opinion of the National Agency of Public Servants; d) by the National Institute of Administration, with the opinion of the National Agency of Public Servants, for admission to training programs specialized in public administration, organized for the purpose of appointment to a public office. (3) The competition is based on the principle of open competition, transparency, professional merits and competence, as well as that of equality of access to public offices for every citizen who meets the legal conditions. (4) The conditions for conducting the competition will be published in the Official Gazette of Romania, Part III, at least 30 days before the date of the contest. (5) Persons participating in the competition organized according to the provisions provided in art. 22 22 para. ((1) lit. c) must meet the conditions of seniority in the specialty of public functions, provided by this law. (6) The procedure for organizing and conducting contests under the conditions of this Article shall be determined by Government decision, at the proposal of the National Agency of Civil Servants, according to the principles and conditions established by the present Law. Section 2 Period of internship Article 50. -(1) The period of internship shall have as its object the verification of professional skills in the performance of the duties and responsibilities of a public office, the practical training of junior civil servants, as well as their knowledge of the specificity of the public administration and its requirements. (2) The duration of the internship period is 12 months for the civil servants of execution in the first class, 8 months for those in the second class and 6 months for those in the third grade. (3) The period in which a person has followed and promoted training programs specialized in public administration, for appointment to a final public office, is assimilated to the internship period. Article 51. -(1) At the end of the internship period, based on the result of the evaluation carried out, the junior civil servant will be: a) appointed public servant of permanent execution in the class corresponding to the graduated studies, in the public offices provided in art. 13, in the assistant professional degree; b) issued from the public office, if he obtained at the evaluation of the activity the "improper" rating. (2) In the case provided in par. ((1) lit. b), as well as in the situation of non-promotion of training programs specialized in public administration, for appointment to a final public office, the internship period does not constitute seniority in public office. Section 3 The appointment of civil servants Article 52. -(1) The appointment to public offices in the category of senior civil servants shall be made in accordance with the provisions of art. 19 ^ 1 para. ((1). (2) The appointment in public offices for which the competition is organized under the conditions of art. 49 ^ 1 para. ((2) lit. b) and d) shall be made by the administrative act issued by the heads of the public authorities or institutions of the central and local public administration, at the proposal of the National Agency of Public Servants. (3) The appointment in public offices for which the competition is organized under the conditions of art. 49 ^ 1 para. ((2) lit. c) is made by the administrative act issued by the heads of the public authorities and institutions of the central and local public administration. (4) The administrative act of appointment has the written form and must contain the legal basis of the appointment, the name of the civil servant, the name of the public office, the date from which the public office is to exercise, the salary rights, and the place of ongoing activity. (5) The job of the post related to the public office shall be attached to the administrative act of appointment, and a copy thereof shall be handed to the public official. (6) Upon entering the body of civil servants, the civil servant shall take the oath of allegiance within three days of the issuance of the act of appointment in the final public office. The oath has the following formula: " I swear to respect the Constitution, fundamental human rights and freedoms, to apply correctly and without bias the laws of the country, to conscientiously fulfill the duties I return to the public office in which I been appointed, to keep professional secrecy and to respect the norms of professional and civic conduct. So help me God. " The concluding religious formula will respect the freedom of religious beliefs. (7) The refusal to submit the oath provided in par. (6) shall be recorded in writing and shall draw the revocation of the administrative act of appointment to public office. Section 4 Promotion of civil servants and evaluation of professional performance Article 53. -In the career the civil servant benefits from the right to promote in public office and to advance in the salary ranks. Article 54. --(1) Promotion is the way of career development by filling a vacant higher public office. (2) Promotion in a higher public office holiday is done by competition or exam. Article 55. -(1) In order to participate in the contest for promotion to a public office of execution from the main professional degree, civil servants must meet the following minimum conditions: a) have a minimum age of 2 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; b) to have obtained at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; c) meet the specific requirements set out in the job description. (2) In order to participate in the contest for promotion to a public office of execution from the higher professional degree, civil servants must meet the following minimum conditions: a) have a minimum age of 2 years in the public execution functions of the main professional degree or 4 years in the public execution functions of the assistant professional degree, in the class corresponding to the graduate studies; b) to have obtained at the evaluation of the individual professional performances of the last 2 years, at least the "very good" rating; c) meet the specific requirements set out in the job description. Article 56. -(1) They have the right to participate in the contest organized in order to fill the public driving positions vacant persons who meet the following conditions: a) are graduates of specialized training and improvement programs in public administration, organized by the National Institute of Administration, regional training centers continue for local public administration, as well as other specialized institutions, from the country or abroad; b) have been appointed to a public office in Class I; c) meet the specific requirements set out in the job description, as well as the conditions of seniority provided ((2). (2) The following conditions of seniority in the specialty of studies necessary for the exercise of public office must be fulfilled: a) minimum 2 years, for the public functions of head office, head of service and secretary of the commune; b) at least 5 years, for the public functions provided in art. 12 12, except those referred to in lett. a). Article 57. -Following the acquisition of a higher level degree diploma in the specialty in which they operate, civil servants of execution have the right to participate in the contest to fill a vacant public office in a class superior to the one they are assigned to. Article 58. -(1) The assessment of individual professional performance of civil servants shall be made annually. (. The assessment procedure shall be aimed at: a) advancement in the pay grade; b) demotion in the pay grade; c) promotion to a higher public office; d) release from public office; e) the establishment of the professional training requirements of civil servants. (3) Following the evaluation of the individual professional performance of the civil servant, one of the following qualifiers is granted: "exceptional", "very good", "good", "satisfactory", "unsatisfactory". (4) The evaluation of individual professional performances of senior civil servants is made by an evaluation committee composed of five personalities, recognized as specialists in public administration, proposed by the Minister of Administration public and appointed by decision of the Prime Minister. (5) The methodology for evaluating the individual professional performance of civil servants is approved by Government decision, at the proposal of the National Agency of Public Servants, after consulting the union organizations of officials public, representative at national level. " 38. Chapter VII shall read as follows: "" CHAPTER VII Collective agreements. Parity commissions Article 59. -(1) Public authorities and institutions may conclude annually, under the law, agreements with representative trade unions of civil servants or representatives of civil servants, comprising only measures relating to: a) the establishment and use of funds to improve conditions at work; b) health and safety at work; c) daily working hours; d) professional improvement; e) measures other than those provided by law, regarding the protection of those elected in the governing bodies of trade union organizations. (2) If the union is not representative or civil servants are not organized in the union, the agreement shall be concluded with the representatives of the civil servants of that authority or public institution, designated under the law. (3) The Authority or the public institution shall provide the representative trade unions or representatives of civil servants with the information necessary for the conclusion of the service relations agreements, under the law Article 60. -(1) Paritary commissions shall be constituted within the public authorities and institutions. Depending on the number of civil servants in the public authority or institution, the parity commission may be constituted within it or for several public authorities or institutions. (2) A number of representatives appointed by the head of the public authority or institution and the representative union of civil servants shall enter into the composition of the commission. If the union is not representative or civil servants are not organized in the union, their representatives will be appointed by the vote of the majority of public officials in that authority or public institution. (3) Representatives of civil servants in the Paritary Commission may be appointed from among the public officials elected in the governing bodies of the representative union or among the representatives of the public servants elected to negotiation of agreements with the management of the public authority (4) In the case of the establishment of a Joint Joint Committee for several authorities or public institutions, it shall be composed of a number of representatives of these authorities or public institutions, designated under the conditions of par. ((2). Article 61. -(1) The parity commissions shall be consulted upon the negotiation by the public authorities and institutions of the agreements with the representative trade unions of civil servants or their representatives. (2) The Joint Committees shall participate in the establishment of measures to improve the activity of public authorities and institutions for which they are constituted. (3) The Joint Committees shall permanently pursue the implementation of the agreements established between the representative trade unions or representatives of civil servants with the public authorities (4) The Paritary Commission shall prepare quarterly reports on compliance with the provisions of the agreements concluded under the law, which it shall communicate to the management of the public authority or institution, as well as to the management of civil servants. " 39. Articles 62, 63, 64, 65, 66, 66 ^ 1, 67 and 68 shall be repealed. 40. Article 70 shall read as follows: "" Art. 70. -(1) Violation with guilt by civil servants of the duties corresponding to the public office they hold and the norms of professional and civic conduct provided by law constitutes disciplinary misconduct and attracts liability Their disciplinary. (2) The following acts constitute disciplinary misconduct: a) systematic delay in carrying out works; b) repeated negligence in solving the works; c) unmotivated absences from the service; d) repeated non-compliance with the work programme; e) the interventions or the persistences for the settlement of requests outside the legal framework; f) non-compliance with professional secrecy or confidentiality of works with this character; g) manifestations affecting the prestige of the public authority or institution in which they operate; h) conduct during the working hours of activities of a political nature; i) refusal to perform the duties of service; j) violation of legal provisions on duties, incompatibilities, conflicts of interest and prohibitions established by law for civil servants; k) establishment by civil servants of the execution of direct relations with the applicants in order to settle their applications. (3) The disciplinary sanctions are: a) written reprimand; b) the reduction of the salary rights by 5-20% for a period of up to 3 months; c) suspension of the right of advancement in the salary grades or, as the case may be, promotion in public office for a period of 1 to 3 years; d) the transition to a lower public office for a period of up to one year, with the corresponding reduction of salary; e) dismissal from public office. (4) The individualization of disciplinary sanction will take into account the causes and gravity of the disciplinary deviation, the circumstances in which it was committed, the degree of guilt and the consequences of the deviation, the general behavior during the service of the public official, as well as the existence in his history of other disciplinary sanctions that were not radiated under the conditions of this law. (5) The disciplinary sanctions shall apply no later than 6 months after the date of the misconduct. " 41. Article 71 shall read as follows: "" Art. 71. -(1) The disciplinary sanction provided for in art. 70 70 para. ((3) lit. a) may be applied directly by the head of the public authority or institution, at the proposal of the head of the compartment in which the one concerned works. (2) The disciplinary sanctions provided for in art. 70 70 para. ((3) lit. b)-e) shall apply to the head of the public authority or institution, on the proposal of the discipline committee (3) The disciplinary sanctions for the 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 head of the central public authority or institution, for those referred to in art. 11 lit. g), on the proposal of the discipline commission (4) The disciplinary sanctions may not be applied until after the prior investigation of the act committed and after the hearing of the civil servant. The hearing of the civil servant must be recorded in writing, under penalty of nullity. Refusal of the public official to appear at the hearings or to sign a declaration regarding the disciplinary deviations that are imputed to him shall be recorded in a minutes. " 42. Article 72 shall read as follows: "" Art. 72. -(1) Discipline commissions shall be constituted within the public authorities or institutions. Depending on the number of civil servants within each public authority or institution, the discipline committee may be constituted for a single authority or public institution or for several. (2) In the composition of the discipline commission shall enter an equal number of representatives appointed by the head of the public authority or institution and the representative union of civil servants. If the union is not representative or civil servants are not organized in the union, the representatives will be appointed by the vote of the majority of public officials in that authority or public institution. (3) Each discipline commission has a president, who is not part of the representatives provided in par. ((2), designated by the head of the public authority or institution, in consultation with the representative trade union or, where appropriate, civil servants. ((4) In case of establishment of a joint discipline commission for several public authorities or institutions, it will be composed of an equal number of representatives of these authorities or public institutions, designated under the conditions of par. ((2). In this case, the chairman of the discipline committee shall be designated under the conditions of (3), based on the common proposal of the heads of public authorities and institutions. (5) The discipline commission for senior civil servants is composed of 7 senior civil servants. (6) The discipline commissions are competent to investigate the facts referred to as disciplinary violations and to propose the sanction applicable to public officials in the respective public authorities or institutions. (7) The way of establishing the discipline commissions, the composition, the attributions, the way of referral and their working procedure shall be established by Government decision, at the proposal of the National Agency of Public Servants. " 43. Article 73 shall be repealed. 44. Article 74 (1) shall be inserted after Article 74: "" Art. 74 74 ^ 1. -(1) In order to highlight the disciplinary situation of the civil servant, the National Agency of Public Servants will issue an administrative record, according to the database it manages. (2) The administrative record is an act that includes the disciplinary sanctions applied to the civil servant and which were not deregistered under the law. (3) The administrative record is necessary in the following cases: a) the appointment of a public official as a member of the competition committee for the recruitment of public b) the appointment of a public official as president and member of the discipline committee; c) the appointment of a public official as a member of the d) to fill a public office corresponding to the category of senior civil servants or to the category of e) in any other situations provided by law. (. The administrative record shall be issued at the request of: a) the interested public official; b) the head of the public authority or institution in which he operates; c) the chairman of the discipline committee d) to other persons provided by law. " 45. Article 75 shall read as follows: "" Art. 75. -(1) The disciplinary sanctions shall be radiated by law, as follows: a) within 6 months from application, the disciplinary sanction provided for in art. 70 70 para. ((3) lit. a); b) within one year after the expiry of the period for which they were applied, the disciplinary sanctions provided for in art. 70 70 para. ((3) lit. b)-d); c) within 7 years from the application, the sanction provided for in art. 70 70 para. ((3) lit. e). (2) Radiation of disciplinary sanctions provided in par. ((1) lit. a) and b) shall be found by administrative act of the head of the public authority or institution. " 46. Article 79 shall read as follows: "" Art. 79. -(1) The liability of the civil servant for the offences committed during his service in connection with the duties of the public office he occupies shall be committed according to the criminal law. (2) If the criminal action has been set in motion for the commission of a crime of the nature of those provided for in art. 49 lit. h), the head of the public authority or institution will order the suspension of the civil servant from the public office he holds. (3) If the removal from prosecution or termination of criminal proceedings is ordered, as well as if the court orders the acquittal or termination of the criminal proceedings, the suspension from the public office shall cease and the civil servant respectively will be reintegrated into the previously owned public office and will be paid the salary rights related to the suspension period. (4) If the conditions for the employment of criminal liability are not met, and the act of the public official may be considered disciplinary misconduct, the committee of competent discipline will be notified. " 47. Article 80 shall be repealed. 48. Chapter IX shall read as follows: "" CHAPTER IX Amendment, suspension and termination of service report Section 1 Change of service report Article 81. -The modification of the service report takes place by: a) delegation; b) secondment; c) transfer; d) moving within another compartment of the public authority or institution; e) the temporary exercise of a public management function. Article 82. -(1) The delegation shall be in the interest of the public authority or institution in which the civil servant is assigned, for a period of no more than 60 calendar days in a year. (. The public servant may refuse to delegate if he is in one of the following situations: a) pregnancy; b) raise his/her child himself; c) the state of health, proven with medical certificate, makes the delegation contraindicated. ((. The delegation over a period of more than 60 calendar days in the course of a year may be ordered only with the written consent of the civil servant. The measure may be ordered for a period of not more than 90 calendar days in a year. (4) During the delegation of the public official shall retain public office and salary, and the authority or public institution that delegates it shall bear the full cost of transport, accommodation and delegation allowance. Art. 83. -(1) Detachment shall be ordered in the interest of the public authority or institution in which the public official is to operate, for a period of no more than 6 months. In the course of a calendar year a public official may be posted for more than 6 months only with his written consent. (2) Detachment may be ordered only if the professional training of the civil servant corresponds to the duties and responsibilities of the public office on which he is to be posted. (. The public servant may refuse secondment if he is in one of the following situations: a) pregnancy; b) raise his/her child himself; c) the state of health, proven with medical certificate, makes the detachment contraindicated; d) the posting is made in a locality where it is not provided with proper accommodation conditions; e) is the only breadwinner; f) thorough family reasons justify the refusal to act on secondment. (4) During the period of posting the civil servant shall keep his public office and salary. If the salary corresponding to the public office on which he is posted is higher, he is entitled to this salary. During posting to another locality the beneficiary public authority or institution is obliged to bear the full cost of transport, taken and returned, at least once a month, of accommodation and posting allowance. Article 84. -(1) The transfer, as a way of amending the service report, may take place between public authorities or institutions as follows: a) in the interest of the b) at the request of the civil servant ((. The transfer may be made in a public office for which the specific conditions laid down in the job description are met. (3) The transfer in the interest of the service may be made only with the written consent of the transferred public official. In the case of transfer in the interest of the service in another locality, the transferred public official shall be entitled to an allowance equal to the net salary calculated at the level of the salary of the month before the one in which he transfers, transport expenses and a paid leave of 5 days. The payment of these rights shall be borne by the public authority or institution to which the transfer is made, no later than 15 days after the date of approval of the transfer. ((4) The transfer in the interest of the service shall be made in a public office equivalent to the public office held by the civil servant. ((5) The transfer on request shall be made in an equivalent public office, following the approval of the request for the transfer of the public official by the head of the public authority or institution to which the transfer is requested. Article 85. -(1) Moving within another compartment of the public authority or institution may be final or temporary. ((2) The final move within another compartment shall be approved, with the written consent of the public official, by the head of the public authority or institution in which the public official operates. ((3) The temporary move within another compartment shall be ordered, in the interest of the public authority or institution, by the head of the public authority or institution, for a maximum period of 6 months in a year, in compliance with the preparation professional and the salary that the civil servant has. Article 86. -(1) The temporary exercise of a public office of vacant management is carried out by the temporary promotion of a public official who meets the specific conditions for filling this public office. (2) The measure provided in par. (1) shall be ordered by the head of the public authority or institution, for a maximum period of 6 months, with the opinion of the National Agency of Public Servants. (3) The temporary exercise of a public management function, the holder of which is suspended under the conditions of this law, shall be carried out by temporary promotion, during the suspension of the holder, of a public official who performs the specific conditions for filling this public office. (4) The measure provided in par. (3) is ordered by the head of the public authority or institution. (5) If the salary corresponding to the public office which he is delegated to exercise is higher, the civil servant shall be entitled to this salary. Section 2 Suspension of the service report Article 87. -(1) The service report shall be suspended by law where the civil servant is in one of the following situations: a) is appointed or elected to a function of public dignity, for that period; b) is assigned to the cabinet of a dignitary; c) is designated by the public authority or institution to carry out activities in the framework of diplomatic missions of Romania or within international bodies or institutions, for the respective period; d) carry out union activity for which the suspension is provided, under the law; e) performs the military internship, the alternative military service, is concentrated or mobilized; f) is remanded; g) perform medical treatment abroad, if the civil servant is not on sick leave for temporary incapacity to work, as well as for accompanying his spouse, as the case may be, of the wife or a relative up to the first degree including, in the law; h) is on leave for temporary incapacity to work, under the law; i) quarantine, under the law; j) maternity leave, under the law; k) is missing, and the disappearance was found by irrevocable 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 grounds of suspension of law, the civil servant shall be obliged to inform in writing the head of the public authority or institution about this fact. (3) The head of the public authority or institution shall ensure, within 5 days, the conditions necessary for the resumption of activity by the public official. Article 88. -(1) The service report shall be suspended at the initiative of the public official in the following situations a) parental leave of up to 2 years of age or, in the case of the disabled child, until the age of 3 years, under the law; b) leave for the care of the sick child aged up to 7 years or, in the case of the disabled child for intercurrent conditions, until reaching the age of 18; c) the conduct of an activity within international bodies or institutions, in situations other than those provided in art. 87 87 para. ((1) lit. c); d) for participation in the electoral campaign; e) for participation in the strike, under the law. (. The service report may be suspended at the reasoned request of the civil servant. (3) The application for suspension of the service report shall be made in writing at least 15 calendar days before the date when the suspension is requested. (4) The suspension of the service report is found in the cases provided in par. ((1) lit. b) and art. 87 87 para. ((1) lit. c), as well as in other cases regulated by special laws, respectively is approved in the case provided in par. (2), by administrative act of the head of the public authority or institution. (5) Provisions art. 87 87 para. (2) shall also be applied accordingly for the cases referred to in par. ((1) and (2). Article 89. --(1) The resumption of activity shall be ordered by administrative act of the head of the public authority or institution. (2) The administrative act establishing, respectively, the suspension of the service report is approved, as well as the one ordering the resumption of activity by the civil servant shall be communicated to the National Agency of Public Servants, within working days from the date of issue. (3) During the suspension of the service report, the public authorities and public institutions shall reserve the post related to the public office Its occupation is made, for a fixed period, by a public official in the reserve corps. If there are no public servants in the reserve corps to meet the specific requirements, the position may be filled on the basis of an individual employment contract for a period equal to the period of suspension of service relations. Section 3 Termination of the service report Article 90. -(1) The cessation of service relations of civil servants shall take place under the following conditions: a) of law; b) by agreement of the parties, recorded in writing; c) by release from public office; d) by dismissal from public office; e) by resignation. (. The service report shall cease from law: a) at the time of the death b) on the date of irrevocable stay of the court decision declaring the death of the civil servant; c) if the civil servant no longer meets one of the conditions provided in art. 49 lit. a), d) and f); d) on the date of communication of the retirement decision for the age limit or invalidity of the civil servant; e) following the finding of absolute nullity of the administrative act of appointment in public office, from the date on which the nullity was found by final court decision; f) when the civil servant was convicted by a final court decision for a deed provided for in art. 49 lit. h) or by which the application of a custodial sanction was ordered, at the time of the final stay of the sentencing decision; g) as a result of the prohibition of the exercise of the profession or office, as a safety measure or as a complementary punishment, from the date of final stay of the court decision ordering the ban; h) on the expiry date of the term on which the public office was temporarily exercised. ((3) The finding of the termination of the service report shall be made, within 5 working days from its intervention, by administrative act of the head of the public authority or institution. The administrative act found to intervene a case of termination of service of service relations shall be communicated to the National Agency of Public Servants, within 10 working days of its issuance. (4) The head of the public authority or institution shall order the release from the public office by administrative act, which shall be communicated to the public official within 5 working days from the issue, for reasons not attributable to the civil servant, the following cases: a) the public authority or institution has ceased its activity or has been moved to another locality, and the civil servant does not agree to follow it; b) the public authority or institution reduces its staff as a result of the reorganization of the activity, by reducing the position occupied by the public official c) following the admission of the request for reintegration into the public office occupied by the civil servant of a public official released or unlawfully dismissed or for unfounded reasons, from the date of final stay of the court reintegration; d) for professional incompetence in case of obtaining the "unsatisfactory" rating at the evaluation of individual professional performances; e) the civil servant no longer fulfils the condition provided in art. 49 lit. g); f) the state of physical or/and mental health of the civil servant, established by decision of the competent bodies of medical expertise, no longer allows him to perform his duties corresponding to the public office held. ((5) The dismissal from the public office shall be ordered by administrative act of the head of the public authority or institution, which shall be communicated to the public official within 5 working days from the date of issue, for reasons attributable to the official public, in the following cases: a) as a disciplinary sanction, applied for the repeated commission of disciplinary violations or disciplinary misconduct that had serious consequences; b) if a legal reason for incompatibility has arisen, and the civil servant does not act to terminate it within a period of 10 calendar days from the date of intervention of the incompatibility case. (6) The public official may communicate the termination of service reports by resignation, notified in writing to the head of the public authority or institution. The resignation shall not be motivated and shall take effect after 30 calendar days after registration. (7) The reorganization of the activity, within the meaning of the provisions of this law, consists in moving the public authority or institution to another locality or, in the case provided in ((4) lit. b), in the substantial modification of the powers of the public authority or institution, as well as the organizational structure of the compartments The reduction of a post shall be justified if the tasks related to it change more than 50% or if the specific conditions of employment of that post are changed. (8) Upon termination of the service report the civil servant shall have the duty to hand over the works and the goods entrusted to him for the performance of his duties. (9) Upon termination of the service report the civil servant shall retain the rights acquired during his career, unless the service report has ceased for reasons attributable to him. (10) Civil servants shall enjoy rights from the unemployment insurance budget, if the service reports have ceased to them under the conditions laid down in: a) para. ((2) lit. c), unless the public official no longer meets the condition provided for in art. 49 lit. a); b) para. ((2) lit. e) and h); c) para. ((4). Article 91. -(1) The authority or the public institution shall be obliged to give public officials a notice of 30 calendar days, in case of release from the public office for the situations provided in art. 90 90 para. ((4). (2) During the notice period the head of the public authority or institution may grant the person concerned the reduction of the working hours, up to 4 hours daily, without affecting the due salary rights. Article 92. -(1) Civil servants may be released from public office in the situations provided in art. 90 90 para. ((4) lit. b), c) and e), if there are no corresponding public vacancies within the public authority or institution. (2) In the cases provided in art. 90 90 para. ((4) lit. a)-c) and e) the public authority or institution has the obligation to request the National Agency of Public Servants, during the period of notice, the list of public vacancies. (3) If there is a vacant public office, identified during the notice period, the civil servant will be transferred in the interest of his or her on-demand service. Article 93. -(1) The redistribution of civil servants shall be made by the National Agency of Public Servants, as follows: a) within the public authorities or institutions in the same locality or in a locality at a distance of up to 50 km from the locality of domicile; b) within the public authorities or institutions in another county or at a distance of more than 50 km from the locality of domicile, at the request of the public official. (2) The redistribution of civil servants shall be made on a public office equivalent to the public office held. ((3) Redistribution may also be made in a vacant lower public office, with the written consent of the civil servant. (4) The National Agency of Public Servants shall ensure the redistribution of temporary vacant public functions, following the suspension of the holder for a period of at least one month, of the public servants in the reserve corps who meet the conditions specific to the public office concerned. If there are several civil servants who meet the specific conditions for the occupation of the respective public office, the National Agency of Public Servants shall organize, in collaboration with the public authority or institution within to which the vacant public office is located, a professional test for the selection of the public official to be redistributed. (5) The redistribution of civil servants from the reserve corps shall be ordered by order of the President of the National Agency of Civil Servants. (6) The leaders of public authorities and institutions are required to appoint redistributed public servants with permanent or temporary nature. (7) If the heads of public authorities and institutions refuse the classification of civil servants under the conditions of par. ((6), the civil servant may apply to the competent administrative court. Article 94. -(1) The reserve corps consists of civil servants who have been released from public office under the conditions of art. 90 90 para. ((4) lit. a)-c) and e) and is managed by the National Agency of Public Servants. (2) Public servants leave the reserve corps and lose the status of civil servant in the following situations: a) after the term of 2 years from the date of passage into the reserve corps; b) if the National Agency of Public Servants redistributes it to a public office the holiday corresponding to graduate studies and professional training, and the civil servant refuses it; c) employment on the basis of a contract of employment for a period of more than 12 months; d) at the request of the civil servant Art. 94 ^ 1. -(1) If the service report has ceased for reasons that the civil servant considers to be non-valid or unlawful, he may ask the administrative court to annul the administrative act by which it was found or otherwise. ordered the termination of the service report, within 30 calendar days of communication, and payment by the authority or public institution issuing the administrative act of equal compensation to the indexed, increased and recalculated, and with the other rights that the civil servant would have benefited from. (2) At the request of the public official, the court that found the nullity of the administrative act will order its reintegration into the 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 established for each authority and public institution, in part, by its leader or by decision of the county council or, as the case may be, of the local council, based on the activities provided in art. 2 2 para. ((1) and (3) and with the opinion of the National Agency of Public Servants. " 51. Articles 100 and 101 shall be repealed. 52. Article 103 shall read as follows: "" Art. 103. -The provisions of this law shall be supplemented by the provisions of the labor law, as well as with the common civil, administrative or criminal law regulations, as the case may be, in so far as they do not contravene the legislation 53. Paragraph 1 of Article 104 shall be repealed. 54. Annex to Law no. 188/1999 , as amended and supplemented, shall be replaced by the Annex to this Title. + Article XIV (1) The Regulation on organization and functioning of the National Agency of Public Servants shall be approved by Government Decision, at the proposal of the Ministry of Regional Development and Public Administration, within 30 days from the entry into force of provisions of this law. (2) Within 60 days of the approval of the Regulation on the organization and functioning of the National Agency of Public Servants, public authorities and institutions shall transmit to it the personal data of civil servants, as well as public vacancies. + Article XV (1) Within 90 days from the date of entry into force of this Law, the public authorities and institutions provided for in art. 5 5 para. ((1) of Law no. 188/1999 , with subsequent amendments and completions, they have the obligation to harmonize the special statutes with the provisions of this title, in consultation with the opinion of the National Agency of Public Servants. ((2) Abrogat. ------------ Alin. ((2) of art. XV was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. ((3) Abrogat. ------------ Alin. ((3) of art. XV was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. + Article XVI (1) The public authorities and public institutions of the central and local public administration shall: a) to request the opinion of the National Agency of Public Servants for the establishment of public offices, until June 1, 2003; b) to make the corresponding changes in the organizational structure and in the states of functions, to establish the maximum number of public offices, in compliance with the provisions of this law, until July 1, 2003; c) to make the reinstatement of civil servants, according to the provisions of this law, until July 15, 2003. (2) The organizational structure of public authorities and institutions shall comply with the following requirements: a) for the establishment of an office a minimum of 5 execution posts is required; b) for the establishment of a service a minimum of 7 execution posts is required; c) for the establishment of a direction, a minimum of 15 execution posts is required; d) for the establishment of a general direction, a minimum of 25 execution posts is required. (3) Within the public authorities and institutions of the central public administration the number of public functions in the first class is at least 70% of the total number of public functions. ((4) Abrogat. ------------ Alin. ((4) of art. XVI was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. ((5) Abrogat. ------------ Alin. ((5) of art. XVI was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. ((6) Abrogat. ------------ Alin. ((6) of art. XVI was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. + Article XVII (1) Public servants appointed in the public offices provided for by Law no. 188/1999 , with subsequent amendments and completions, will be: a) appointed to the public offices set out in the Annex to this Title, if they carry out one of the activities referred to 2 2 para. ((3) and meet the conditions laid down art. 49 49 of Law no. 188/1999 , with subsequent amendments and completions, within the limit of public functions established according to art. XVI; b) released from the public offices held, if they do not meet the conditions laid down in lett. a) and the conditions of reemployment. They will be assigned with an individual employment contract, under the law. ((2) Reframing in public offices corresponding to the category of senior civil servants and to the category of leading public officials within each public authority or institution shall be as follows: a) within the limits of the public functions provided for according to the b) in compliance with the minimum conditions of seniority and studies necessary for the exercise of public office, provided by Law no. 188/1999 , with subsequent amendments and completions. (3) Public servants reinstated in public offices according to par. (2) retain their public functions, if until December 31, 2008 they have completed specialized training and improvement programs in public administration, organized by the National Institute of Administration, or a form of education postgraduate, lasting at least one year, in the country or abroad, or have acquired the scientific title of doctor in the specialty of the respective public office. -------------- Alin. ((3) art. XVII was amended by the single article of EMERGENCY ORDINANCE no. 31 31 of 19 April 2006 , published in MONITORUL OFFICIAL no. 357 357 of 20 April 2006. (4) Civil servants who do not meet the conditions provided in par. (2) may be reinstated, according to graduate studies, in public office of execution, if they meet the conditions provided by this law. (5) Public servants released from public offices benefit from rights from the unemployment insurance budget, under the law. + Article XVIII For the year 2003 civil servants maintain their salary rights established according to Government Emergency Ordinance no. 192/2002 on the regulation of the salary rights of civil servants, published in the Official Gazette of Romania, Part I, no. 949 949 of 24 December 2002. + Article XIX Civil servants who have graduated from postgraduate education in the specialty of public administration or who, on the date of entry into force of this Title, follow one of the forms of education referred to them studies with training and improvement programs in public administration, organized by the National Institute of Administration. + Article XX Repealed. ------------ Art. XX was repealed by art. XIV of LAW no. 251 251 of 23 June 2006 , published in MONITORUL OFFICIAL no. 574 574 of 4 July 2006. + Article 21 In the positions of prefect and sub-prefect may be appointed persons who meet the conditions provided by this title for appointment as senior civil servant, starting with 2006, staggered, based on the Government's decision. Until that date the functions of prefect and sub-prefect apply to the legal regime provided by Local Public Administration Law no. 215/2001 , with subsequent amendments and completions. + Article XXII Public authorities and institutions are required to communicate to the National Agency of Public Servants, by August 15, 2003, the data contained in the professional files of civil servants, as well as data on public functions. + Article XXIII On the proposal of the National Agency of Public Servants, by Government decision, it is approved: a) the rules on the organization and development of the career of civil servants, within 60 days from the date of entry into force of this Law; b) the rules on the organization and functioning of the discipline commissions and the parity commissions, within 60 days from the date of entry into force of this Law. + Article XXIV Discipline commissions and parity commissions organised under the Law no. 188/1999 , with subsequent amendments and completions, it is considered legally constituted until the date of entry into force of the Government's decision on the organization and functioning of the discipline commissions and the parity commissions. Provisions Government Decision no. 1.084/2001 on the approval of the Methodology for the evaluation of the individual professional performance of civil servants, as well as to challenge the qualifications granted, the Government Decision no. 1.085/2001 on the organisation of the internship period, the assessment conditions and the specific rules applicable to junior civil servants and the Government Decision no. 1.087/2001 on the organisation and conduct of competitions and examinations for the filling of public functions shall apply accordingly. + Article XXV Art. 22 22, art. 29 29 para. ((1), art. 49 ^ 1, art. 52-56 52-56, art. 74 ^ 1, as well as art. 83 83 para. ((4), relating to the granting of the posting allowance, of Law no. 188/1999 , as amended and supplemented, shall apply from 1 January 2004. + Article XXVI Law no. 188/1999 , with subsequent amendments and completions, including those brought by this title, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Annex ----- in Title III ------------- LIST including public functions I. General public functions: 1. Secretary General of the Government and Deputy Secretary General of the Government; 2. State counselor; 3. Secretary-General and Deputy Secretary-General of Ministries and other specialized bodies of the central public administration; 4. Prefect; 5. sub-prefect; 6. general secretary of the prefecture, general secretary of the county and of the city of Bucharest; 7. Director-General of the Ministries and other specialized bodies of the central public administration; 8. Deputy Director General, Director and Deputy Director from the apparatus of ministries and other specialized bodies of the central public administration; 9. secretary of the municipality, of the sector of Bucharest, of the city and commune; 10. Executive Director and Deputy Executive Director of the decentralized public services of the ministries and other specialized bodies of the central public administration, as well as within the own apparatus of the administration authorities local public; 11. Head of service; 12. Head office; 13. expert, counselor, inspector, legal adviser, auditor; 14. specialist reviewer; 15. reviewer. NOTE: General public functions other than those referred to in point I, shall be established with the opinion of the National Agency of Public Servants. II. Specific public functions: 1. architect-chief; 2. Competition inspector; 3. customs inspector; 4. labour inspector; 5. delegated controller; 6. Commissioner. NOTE: Specific public functions other than those referred to in point II, may be established by the public authorities and institutions, with the opinion of the National Agency of Public Servants. This law was adopted pursuant to the provisions of art. 113 of the Romanian Constitution, following the commitment of the Government's responsibility to the Chamber of Deputies and the Senate, at the joint meeting on March 31, 2003.
CHAMBER OF DEPUTIES PRESIDENT
VALER DORNEANU
SENATE PRESIDENT
NICOLAE VACAROIU Bucharest, April 19, 2003. No. 161. -------