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Law No. 122 Of 16 October 1996 (Republished) Concerning The Legal Status Of Mutual Aid Houses Of Employees And Their Unions *)

Original Language Title:  LEGE nr. 122 din 16 octombrie 1996 (*republicată*) privind regimul juridic al caselor de ajutor reciproc ale salariaţilor şi al uniunilor acestora*)

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LEGE no. 122 122 of 16 October 1996 (* republished *) on the legal regime of the mutual aid houses of employees and their unions *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 261 261 of 22 April 2009



------------ Note * *) Republicated pursuant to the provisions art. II of Government Emergency Ordinance no. 74/2003 to amend and supplement Law no. 122/1996 on the legal regime of mutual aid houses of employees and their unions, published in the Official Gazette of Romania, Part I, no. 629 of 3 September 2003, approved with amendments and additions by Law no. 186/2004 , published in the Official Gazette of Romania, Part I, no. 466 of 25 May 2004, giving the texts a new numbering. Law no. 122/1996 was published in the Official Gazette of Romania, Part I, no. 262 of 25 October 1996 and has been amended and supplemented by Law no. 135/2003 to amend and supplement Law no. 122/1996 on the legal regime of mutual aid houses of employees, published in the Official Gazette of Romania, Part I, no. 267 267 of 17 April 2003. + Article 1 (1) The mutual aid houses of the employees are non-patrimonial associations, organized on the basis of the free consent of the employees, in order to support and contribute to the financial assistance of their members. Members of a mutual aid house of employees can only be employed individuals. The employees ' mutual aid houses operate exclusively with their members. (2) The mutual aid houses of the employees, constituted according to par. (1), may be associated in territorial unions affiliated to the National Union of Mutual Aid Houses of Employees of Romania, hereinafter referred to as the National Union, for the purpose of representation at national and international level. The mutual aid houses may not be affiliated at the same time to two or more territorial unions of the employees ' mutual aid houses. (3) The mutual aid houses of the employees are required to present annually the financial statements of the county territorial unions, the National Union, as well as the general directions of the county public finances and the city of Bucharest. (4) The National Union shall receive, verify and centralize the annual financial statements of the mutual aid houses of the employees and their territorial unions, in order to submit to the Ministry of Public Finance. + Article 2 (1) The object of activity of the employees ' mutual aid houses is the granting of interest loans to their members. Interest on loans returns to the members ' social fund after deduction of statutory expenses. (2) The National Union, as well as the unions constituted at territorial level, aim to ensure the financial stability of the mutual aid houses of the employees and provide services adapted to the specificity of their activity. (3) The mutual aid houses of the employees grant loans only to their members, on the basis of loan contracts in written form, showing clearly all the terms and conditions of granting provided for in the statute. Loan contracts are enforceable securities. (4) By statutory provisions the mutual aid houses of employees must ensure that their funds, reserves and liquidity are sufficient to ensure the balance of the financial structure and the application of the rules of foresight and risk in granting loans. + Article 3 (1) The funds used by the mutual aid house for the granting of loans to its members are: the members ' social fund, constituted by their accumulated contributions, plus the annual interest rates, the own funds of the house of mutual aid and money means obtained from the county territorial union or from the National Union. (2) The mutual aid houses may not attract deposits of any kind or repayable funds, other than those referred to in par. ((1). (3) Do not fall under the prohibition provided in par. (2) contributions to the members ' social fund, provided that it is returned to the end of the membership. + Article 4 (1) The mutual aid houses of the employees may be established by employees or other persons who obtain income of a salary nature, by association, in the units in which they operate or at territorial level. (2) The constitutive act and the status of the mutual aid house of the employees shall be submitted, together with the application for the acquisition of the legal personality, to the court in whose territorial area it is based. + Article 5 The mutual aid houses of the employees and their unions shall be constituted, organized and operated as legal persons according to the provisions of this law, as well as of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 ,, as amended. + Article 6 The mode of association, organization and functioning of the employees ' mutual aid houses shall be established by their own statutes. + Article 7 (1) The National Union and the territorial unions shall supervise the work of the employees ' mutual aid The control of activities carried out by mutual aid houses shall be carried out by the Ministry of Public Finance under the law (2) The National Union controls the activity of the territorial unions of the employees ' mutual aid houses. (3) The National Union may initiate the procedure of dissolution of mutual aid houses of employees or territorial unions, under the law. + Article 8 The acts and operations of the employees ' mutual aid houses, made in connection with their object of activity, shall be exempt from any taxes and duties. + Article 9 Within 6 months from the entry into force of this law, the employees ' mutual aid houses, which operate on the basis of Decree no. 358/1949 , will agree their own statutes with the legal provisions, registering at the court in whose territorial area they are based. + Article 10 On the date of entry into force of this Law, the Decree no. 358/1949 on the organisation of mutual aid houses in addition to trade unions and any other provisions to the contrary. ------------