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Law No. 502 Of 17 November 2004 On Retirement Associations

Original Language Title:  LEGE nr. 502 din 17 noiembrie 2004 privind asociaţiile pensionarilor

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LEGE no. 502 502 of 17 November 2004 on pensioners ' associations
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.092 1.092 of 24 November 2004



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) Retirees, regardless of the social security system to which they belong, in order to defend their rights and to promote their economic, social, cultural, sporting and other interests, without any restrictions or prior authorization, may constitute own associations, by way of derogation from provisions Government Ordinance no. 26/2000 with regard to associations and foundations, with subsequent amendments and completions, or may join such associations. (2) The Association of pensioners is the legal person of private, autonomous, non-governmental law, without patrimonial and apolitical purpose. (3) A pensioner may not be part of several retirement associations at the same time. + Article 2 The Association of Pensioners shall be established for a) the defense of the right of each of its members to a pension calculated and granted under the law, as well as other social security rights, according to the law; b) representation of members of the association in relations with local and central public administration institutions, in order to obtain, under the law, their rights; c) the organization of recreational, cultural and sports activities, for pensioners and their families; d) the organization of aid activities and social assistance for pensioners, in collaboration with specialized public administration institutions. + Chapter II Establishment and registration of pensioners ' associations + Article 3 (1) The Association of pensioners is the subject of law made up of at least 25 pensioners who, on the basis of the agreement, share the material and intellectual contribution for the realization of activities in their interest. (2) The associations of pensioners shall be constituted accordingly to the administrative-territorial units: county, city, commune. (3) Retirees from the same field of activity may constitute their own organizations. + Article 4 The Association of pensioners acquires legal personality by registering in the Register of Associations and Foundations, at the Registry of the Court in whose territorial area it is based, according to the provisions Government Ordinance no. 26/2000 , with subsequent amendments and completions. + Article 5 (1) In order to acquire the legal personality, the founding members shall conclude, in authentic form, under penalty of nullity, the articles of association and approve the status of the association of pensioners. (. The Articles of Association shall include: a) the identification data of the founding members: their name and surname, nationality and domicile; b) expressing the will of association and the intended purpose; c) name of association; d) the association headquarters; e) the duration of operation of the term association determined, with the express indication of the term, or, as the case may be, indeterminate; f) the original patrimony of the association, the patrimonial asset, in the amount of at least the minimum wage, at the date of establishment of the association, which is made up of the contribution in kind and/or in money of the founding members; g) nominal component of the first management, administration and control bodies of the association; h) data of the person/persons empowered to carry out the procedure for acquiring the legal personality of the association of pensioners; i) signatures of the founding members. (. The Statute shall contain, under penalty of absolute nullity: a) the elements provided in par. ((2), except as provided in lett. g) and h); b) explaining the purpose and objectives of the association; c) the acquisition and loss of membership of the association; d) the rights and obligations of association members e) the categories of patrimonial resources of the association; f) the tasks of the management, administrative and control bodies of the association; g) the destination of the goods, in case of dissolution of the association, in compliance with the h) how to establish and collect the levy. + Article 6 (1) The application for the registration of the association of pensioners in the Register of Associations and Foundations at the Registry of the Court in whose territorial constituency is to be based shall be filed at the court by the authorized person, under the conditions provided in art. 5 5 para. ((2) lit. h). (2) The application for registration will be accompanied by the following documents: a) the articles of association; b) association status; c) supporting documents of the original establishment and heritage; d) proof issued by the Ministry of Justice regarding the availability of the new association + Article 7 (1) The Association shall become a legal person from the time of its registration in the Register of Associations and (2) Within 3 days from the date of submission of the application for registration and the documents provided for in art. 6 6 para. (2), the judge appointed by the president of the court verifies their legality and orders, by conclusion, the registration of the association in the Register of associations (3) A date with the registration, the conclusion by which the registration was ordered shall be communicated, ex officio, to the local fiscal body in whose territorial area the association's headquarters is located, for tax records, with the mention of the registration number in Register of associations and foundations. + Article 8 (1) If the legal requirements for the constitution of the association are not fulfilled, the judge, upon the expiry of the term provided in art. 7 7 para. (2), shall quote the representative of the association in the council chamber, having regard, in writing, to remedy the irregularities found by the following deadline, which will not be more than one week. (2) If the violation of the legal requirements found concerns the provisions of 40 40 para. (2) of the Romanian Constitution, republished, for the fixed term will be quoted the prosecutor's office of the court, to whom the application for registration will be communicated, together with the articles of association and the statute of the association. In this case, the making of the conclusions by the prosecutor is mandatory. + Article 9 (1) If, at the fixed term, the irregularities are removed, the judge, also listening to the prosecutor's conclusions, if applicable, will take note of this through conclusion, ordering the registration of the association in the Register of Associations and Foundations. (2) If the irregularities have not been removed or, although legally quoted, the representative of the association is unjustifiably missing, the judge will reject the application for registration, by reasoned conclusion. (3) The terminations provided in par. ((1) and (2) shall be delivered no later than 24 hours after the end of the proceedings and shall be drafted no later than 48 hours after delivery. + Article 10 (1) The conclusion of admission or rejection of the application for registration is subject only to the appeal. (2) If the prosecutor did not participate in the settlement of the application, the prosecutor's office of the notified court will also be notified copies of the articles of association and the association's statute, together with the conclusion of admission or rejection of the request Registration, as appropriate. (3) The term of appeal is 10 days and flows from the date of delivery, for those present, and from the date of communication, for those who have been absent. ((4) The appeal shall be settled with the citation of the parties, in the council chamber, emergency and in particular. Art. 9 9 para. ((3) The ruling and the drafting of the judgment shall apply accordingly. + Article 11 (1) Registration in the Register of associations and foundations, in accordance with the provisions of art. 7, shall be carried out on the day of the irrevocable stay of the conclusion of admission, issuing to the representative of the association, on request, a certificate of enrolment, which will include: the name of the association, its headquarters, the duration of operation registration in the Register of associations and foundations. (2) In relations with third parties, the proof of legal personality is made with the registration certificate. + Article 12 (1) The county pensioners ' association may constitute branches, with territorial structures, with a minimum number of 20 members, own governing bodies and a patrimony distinct from that of the association. (2) The subsidiaries are entities with or without legal personality, and may conclude, in their own name, legal acts of administration and conservation, under the conditions established by the association. (3) The branch shall be constituted by decision of the association committee. The legal personality, where applicable, is acquired from the date of registration of the branch in the Register of Associations and Foundations. (4) In order to register the branch of the pensioners ' association, its representative will submit the application for registration, together with the decision establishing the branch and with the supporting documents of the original headquarters and patrimony, at the court in whose Territorial constituency is to have its branch office. Art. 8 8-11 are applicable accordingly. + Chapter III Organization and functioning of the retirement association + Article 13 The bodies of the pensioners association are a) general meeting; b) the association committee; c) the committee of censors; d) the executive office, within the associations with over 3,000 members. + Article 14 (1) The general assembly shall be the governing body of the association, composed of all its members. (. In the exercise of its competence, the general assembly shall have the following tasks a) establishing the general objectives of the pensioners ' association; b) approval of the revenue and expenditure budget and of the balance sheet; c) election and revocation of members of the association committee d) election and revocation of members of the censor committee; e) change of status; f) dissolution and liquidation of the association, as well as the establishment of the destination of the goods left after g) any other duties provided for in this Law and in the Statute. (3) The change of headquarters may be decided by the association committee. (4) The general assembly shall meet once a year and shall have the right of permanent control over the bodies referred to in art. 13 lit. b) and c). ((5) The rules on the organization and functioning of the general meeting are established by statute and regulations + Article 15 (1) The Association Committee shall ensure the execution of the decisions of the General Assembly. (2) They may be elected to the association committee or to the committee of censors of pensioners who have full exercise capacity and have no criminal record. (3) In the exercise of its competence the association committee has the following main tasks a) presents to the general meeting the activity report for the previous period, the execution of the revenue and expenditure budget, the balance sheet, the project of the revenue and expenditure budget and the project b) conclude legal acts on behalf of the association and for this; c) performs any other duties provided for in the statute or established by the general assembly. (4) The general rules on organization and functioning of the association committee shall be established by statute The association committee may develop an internal operating regulation. + Article 16 The association committee may empower one or more persons with execution functions, including persons who do not have the status of associate, to exercise the duties provided in art. 15 15 para. ((3) lit. b). + Article 17 (1) The internal financial control of the pensioners ' association shall be provided by the censor committee. (. In the exercise of its competence, the censor committee shall perform the following main tasks: a) check how the patrimony of the pensioners ' association is administered; b) draw up reports to the general meeting; c) may attend the meetings of the association committee, without voting rights; d) perform any other duties provided for in the statute or established by the general assembly. (3) The Audit Committee shall be composed of an odd number of members. Members of the association committee cannot be censors. (4) The general rules for the organization and functioning of the censor commission are those stipulated in the association's statute. The Audit Committee may develop its own rules of operation. + Chapter IV Amendment of the Articles of Association and the Statute of the Association + Article 18 (1) The amendment of the constitutive act or the statute of the association of pensioners is made by registering the amendment to the Register of Associations and Foundations, at the Registry of the Court in whose territorial constituency the association is based, with proper application of the provisions of Article 8-11. (2) The application for registration of the amendment will be accompanied by the minutes of the general meeting, and in case of modification of the seat, by the minutes of the meeting of the association committee. (3) The steps to enroll the modification shall be taken by the association committee. (4) The mention regarding the change of the seat will be operated, if applicable, both in the Register of Associations and Foundations, at the Registry of the Court in whose territorial constituency the old headquarters are located, and in the Register of Associations and foundations, at the Registry of the Court in whose territorial constituency the new headquarters are located. For this purpose, a copy of the conclusion by which the change of the headquarters was ordered will be communicated, ex officio, to the judge in whose territorial constituency he is to establish his new headquarters. + Chapter V Forms of association + Article 19 (1) Several associations of pensioners, but not less than 10, who have legal personality, can be constituted in a federation. The decision on the constitution of the federation or of affiliation to a federation constituted shall be adopted by the committees of the associations. (2) The Federation of pensioners acquires its own legal personality and operates under the conditions provided by this law for the associations of pensioners, conditions that apply to it accordingly, with the exceptions set out in this chapter. (3) The application for registration shall be settled by the tribunal in whose territorial constituency the retirement federation shall be established. + Article 20 (1) The Federation of pensioners becomes a legal person from the moment of its registration in the Register of federations, at the Registry of the tribunal provided for in 19 19 para. (3), constituted according to the Government Ordinance no. 26/2000 , with subsequent amendments and completions. (2) The associations of pensioners who constitute a federation of pensioners retain their legal personality and their own patrimony. + Article 21 The federation's organs are: a) the national congress; b) the national council; c) the steering committee; d) permanent office; e) the censor committee. + Article 22 The powers and functioning of the governing bodies of the federation shall be established by their own statute and regulations, approved by the national congress. + Article 23 (1) They are representative at national level federations that have at least 20 county organizations in their structure, with at least 75,000 contributing members. (2) The organizations provided in par. (1) are the only authorized to include in their name the words "national" and "from Romania". + Article 24 The representation of pensioners before the central public authorities shall be ensured by the representative federations at national level. They delegate their representatives to the bodies of state institutions provided by law, which have powers to interest pensioners. + Article 25 The federations of pensioners constituted by association can join the international organizations of pensioners and, in the spirit of solidarity between generations, can be supported in their work by the trade union confederations of employees. + Article 26 Federations can edit and print their own publications. + Article 27 In case of dissolution of the federation of pensioners, if in the statute it is not provided otherwise, the assets left behind the liquidation shall be transmitted, in equal shares, to the constituent legal entities. + Chapter VI Revenue + Article 28 The incomes of the pensioners ' associations are: a) membership dues; b) interest and dividends resulting from the placement of the available amounts, under the law; c) dividends of companies established by the association of pensioners; d) incomes made from direct economic activities; e) donations, sponsorships or related; f) resources obtained from the state budget or local budgets; g) other income provided by law. + Article 29 (1) The Association of pensioners, under the law and its own status, may: a) to organize and manage, in the interest of its members, clubs, libraries and stores of an saved type; b) constitute mutual aid houses for pensioners; c) to materially support their members, depending on the possibilities; d) to edit and print their own publications. (2) The incomes obtained from the activities provided in par. (1) is used to achieve the purpose of the retirement association. + Article 30 The pensioners ' association can carry out any other direct economic activities, if they are an accessory character and are in close contact with its main purpose. + Article 31 The incomes of pensioners ' federations come from a) the share of the contributions provided in the own statutes, received from the component associations; b) donations, sponsorships or related; c) sale of own publications; d) resources obtained from the state budget; e) other income provided by law. + Chapter VII Relations with public authorities + Article 32 (1) The authorities of the local public administration will support the associations and federations of pensioners, established under this law, by making available to them, depending on the possibilities, spaces corresponding to their functioning. (2) The local public administration authorities shall draw up, at the request of the pensioners ' associations, priority lists for the attribution of the premises provided in ((1). (3) For spaces in the state housing stock, used by the associations and federations of pensioners as premises and clubs, the minimum rent established by decisions of the county and local councils or the General Council of the Municipality will be charged Bucharest. + Article 33 Associations and federations of pensioners may acquire, free of charge or for consideration, any movable and immovable property, necessary to achieve the purpose for which they are established. + Article 34 The dissolution and liquidation of an association or federation of pensioners shall be made by the proper application of the provisions Head. IX. "Dissolution and liquidation" of Government Ordinance no. 26/2000 , with subsequent amendments and completions. + Chapter VIII Transitional and final provisions + Article 35 This law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania, Part I. + Article 36 The associations and federations of pensioners, established until the date of entry into force of this law, retain their legal personality acquired, the name and the form of organization. + Article 37 Applications made before the courts by an association or federation of pensioners, as well as the procedural documents drawn up by them, are exempt from the payment of stamp duty. + Article 38 Within 90 days from the date of entry into force of this law, the retirement organizations, regardless of the way in which they operate or have acquired legal personality, will agree their own statutes with the provisions of this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 17, 2004. No. 502. ______________