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Law No. 499 Of 12 November 2004 Approving Government Emergency Ordinance No. 41/2004 Amending And Supplementing Law No Cadastre And Real Estate Advertising. 7/1996

Original Language Title:  LEGE nr. 499 din 12 noiembrie 2004 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 41/2004 pentru modificarea şi completarea Legii cadastrului şi a publicităţii imobiliare nr. 7/1996

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LEGE no. 499 499 of 12 November 2004 on approval Government Emergency Ordinance no. 41/2004 to amend and supplement Law of cadastre and real estate advertising no. 7/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.069 1.069 of 17 November 2004



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 41 41 of 27 May 2004 to amend and supplement Law of cadastre and real estate advertising no. 7/1996 , published in the Official Gazette of Romania, Part I, no. 509 of 7 June 2004, with the following amendments: 1. In Article I, point 2, paragraph 2 of Article 3 shall read as follows: " At the level of each county and in Bucharest, the cadastre and real estate advertising offices are established as units with legal personality subordinated to the National Agency, by reorganizing the current county cadastre offices, geodesy and cartography and the city of Bucharest and the land book offices of the judges. In the constituency of each judge, a land registry office is established, as a unit subordinated to the Office of Cadastre and Real Estate Advertising, which will take over the activity of the current land registry offices of the courts. " 2. In Article I, point 6, letter k) of Article 5 shall read as follows: " k) avizes the surveys performed by the judicial experts in the specialty of topography, geodesy and cadastre regarding the correctness of the topographic data used, before their submission to the courts. The above mentioned opinions will be given by specialists in the field of the cadastre office and real estate advertising; ". 3. In Article I, point 8, Article 9 shall read as follows: "" Art. 9. -The financing of current and capital expenditures of the National Agency and subordinated units shall be ensured in full from their own income. Own income shall be from: a) receipts from services rendered; b) tariffs established according to normative acts; c) rentals of premises and equipment; d) donations and sponsorships received according to the law; e) interest on the availability of accounts and deposits; f) other income. Tariffs and receipts provided in par. 2 lit. a) and b) are not carriers of T.V.A., being included in the case of real estate advertising operations in the notary stamp duty. These tariffs may not exceed 30% of the value of the notary stamp duty. Real estate advertising fees can be collected by public notaries on behalf of the National Agency and on the receipts made available by it on the basis of a negotiation between the National Cadastre and Real Estate Advertising Agency and the Union National of the Public Notaries and which will be the subject of the collaboration protocol. The tariffs are set, amended and updated by order of the Minister of Administration and Interior, on the proposal of the Board of Directors of the National Agency. The revenue collected shall be transferred to the account of the National Agency opened with the State Treasury. The National Agency can collaborate with Romanian or foreign specialized individuals and legal entities, under the law, for the realization of objectives of common interest, corresponding to its field of activity. The National Agency may contract bank credits under the conditions provided by law. The National Agency shall prepare annually the revenue and expenditure budget, in accordance with the legal provisions in force. Annual surpluses shall be carried over to the following budget year. The Ministry of Administration and Interior, through the National Agency, will assume full responsibility in the implementation of the cadastre and real estate advertising project, financed by loan from the International Bank for Reconstruction and Development (BIRD), and of the other international agreements involving non-reimbursable loans or guarantees from the state, previously assumed by the National Office of Cadastre, Geodesy and Cartography, including for the part taken from the Ministry of Justice. The National Agency will take all necessary steps to amend the international loan agreements in order to replace the National Office of Cadastre, Geodesy and Cartography and the Ministry of Justice with the National Agency. " 4. In Article I, paragraph 10, paragraphs 1 ^ 2 and 1 ^ 3 of Article 20 shall read as follows: " The occupation of the registrar post will be made following the support of a competition organized by the National Agency. Candidates must be licensed to an accredited law school and be at least 5 years old in legal activity. By exception to the provisions of par. 1 ^ 2, until the date of organization of the contest, the registrars may be appointed from the employees of the land registry offices who do not meet the conditions of studies, but have at least 5 years of experience in the field of real estate advertising. " 5. In Article I, point 12, the introductory part and the letter a) of paragraph 1 of Article 50 shall read as follows: "" Art. 50. -If the registrar admits the application, it shall order the registration by conclusion, if the document meets the following conditions: a) is concluded in authentic form or emanates from a public authority; ". 6. In Article I, point 13, paragraph 2 of Article 52 shall read as follows: " The conclusion of registration or rejection can be appealed with complaint, within 15 days from the communication, to the competent court of the constituency where the building is located. The complaint against the conclusion of registration shall be submitted to the cadastre and real estate advertising office and shall be entered in the land register. The Office of Cadastre and Real Estate Advertising is obliged to submit the complaint, accompanied by the conclusion file and the copy of the land book, to the competent court. " 7. In Article I, paragraph 14, paragraph 1 of Article 56 shall read as follows: "" Art. 56. -The public notary that has drawn up the act by which it is constituted, is amended, transmitted or extinguished a real estate right is obliged to request ex officio the registration in the land register, on the day of its preparation or at the latest the next day, at the office of land book in whose radius of activity is the building. The exercise of this obligation will be made express mention in the act or, as the case may be, of the certificate of heir. The mention will be made if the property in the estate has opened land registry or cadastral documentation exists. When authenticating the documents constituting, modifying or extinguishing a real estate right, the public notary will request a land book extract or, as the case may be, a certificate of tasks. During the period of validity of the land book extract, the registrar will not make any enrolment in the land registry, except for the one for which the extract was issued. " 8. Article IV shall be inserted after Article IV (1) with the following contents: "" Art. IV ^ 1. -In fulfilling the legal obligations relating to real estate advertising, the measures envisaged shall be established by the protocol concluded by the National Agency for Cadastre and Real Estate Advertising and the National Union of Public Notaries of Romania. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 12, 2004. No. 499. -------