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Law No. 140 Of April 30, 2013

Original Language Title:  LEGE nr. 140 din 30 aprilie 2013

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LEGE no. 140 140 of 30 April 2013 for approval Government Emergency Ordinance no. 3/2013 on the regulation of measures to reduce arrears in the economy, other financial measures, as well as the modification of some normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 248 248 of 30 April 2013



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 3 3 of 30 January 2013 on the regulation of measures to reduce some arrears from the economy, other financial measures, as well as the modification of some normative acts, published in the Official Gazette of Romania, Part I, no. 68 of 31 January 2013, with the following amendments: 1. In Article 1, paragraph 2 shall read as follows: " (2) In case of non-compliance with the provisions (1) by the authorising officers of the local budgets of the administrative-territorial units/subdivisions, the directors of the general directorates of the county public finances, respectively the General Directorate of Public Finance of the Municipality of Bucharest halts the supply, both with broken income tax rates and with amounts broken down from some state budget revenues to balance local budgets, except for payments to pay off salary rights and contributions. related when they cannot be insured from their own income. " 2. In Article 1, paragraph 3 shall read as follows: "" (3) At the request of the principal authorising officers by which they undertake to pay arrears and in which the beneficiaries of the amounts and the details on payment are mentioned, the directors of the general directorates of the county public finances, respectively The General of Public Finance of the Municipality of Bucharest feeds their accounts both with broken income tax rates and with amounts broken down from some state budget revenues to balance local budgets up to the level. the amounts requested for payment of arrears, within the limits of the allocated 3. In Article 2, paragraph 1 and the introductory part of paragraph 4 shall read as follows: "" Art. 2. -(1) By exception to the provisions of art. 61 61 para. ((1) and art. 63 63 para. (4 ^ 1) of Law no. 273/2006 , with subsequent amendments and completions, the administrative-territorial units/subdivisions may request from the Ministry of Public Finance, until May 15, 2013, the contracting of loans from payments from privatization, registered in the general current account of the State Treasury, with a repayment term of maximum 5 years, within the amount of 680,000 thousand lei, of the amount provided for art. 1 1 para. (1) of Government Decision no. 1.182/2012 on the approval of the annual limits, for the years 2013, 2014 and 2015, for the repayable financing that may be contracted and for the drawdowns in the repayable financing contracted or to be contracted by the units/subdivisions administrative-territorial, with subsequent additions. ............................................................................................... (4) The amounts granted by way of loan from the privatization shall be used exclusively for the payment of the registered arrears, at the time of the application for the authorization of the loan contracting, to the suppliers of goods, services and works, including towards economic operators who provide the public service of production, transmission and distribution of thermal energy in centralized system, in accounting: ". 4. In Article 3, paragraphs 1 and 4 shall read as follows: "" Art. 3. -(1) The repayment of the loan shall be made in equal quarterly instalments, starting with the following quarter. The related interest is an income of the State Treasury budget, which is calculated monthly by applying the interest rate provided in art. 2 2 para. (2) on the balance of the loan, starting with the month of granting the loan, and shall be paid quarterly in the cumulative amount up to date. ................................................................................................ (4) In case of non-compliance with the provisions (1), the directors of the general directorates of the county public finances, respectively the General Directorate of Public Finance of the Municipality of Bucharest stop the supply both with broken down rates of income tax and with amounts broken down from some state budget revenues for balancing local budgets, their allocation will be made according to the provisions of art. 1 1 para. ((2)-(6), with the exception of payments for the payment of salary rights and related contributions when they cannot be insured from their own income. " 5. In Article 6, paragraphs 1 and 2 shall read as follows: "" Art. 6. -(1) The requests of administrative-territorial units/subdivisions for the contracting of reimbursable financing for public investments of local interest submitted until the date of entry into force of this emergency ordinance shall be analyzed by Commission for the authorization of local loans, as of June 1, 2013, according to the legal provisions in force at the date of application and with the classification within the remaining unused contracting limit. (2) The requests of administrative-territorial units/subdivisions for the contracting of reimbursable financing for public investments of local interest submitted after the date of entry into force of this emergency ordinance shall be considered by the Commission authorizing local loans, as of June 1, 2013, under the conditions of par. ((5)-(7) and within the remaining non-utilised contracting limit. '; 6. Article 9 shall read as follows: " Article 9. -Article IX of Government Emergency Ordinance no. 68/2012 for the modification and completion of some normative acts and the regulation of financial-fiscal measures, published in the Official Gazette of Romania, Part I, no. 778 of 19 November 2012, is amended and shall read as follows: "" Art. IX. -(1) Amounts available from the application of the provisions Law no. 36/2008 on certain measures for the privatization of the Commercial Society "Automobile Craiova"-S.A. is transferred to the Ministry of Public Finance as payments from privatization, in the general current account of the State Treasury, respectively to the new company resulting from the restructuring process, as an additional cash contribution to the share capital. (2) The amounts referred to in par. ((1) means: a) the remaining net liquidity difference after deduction: ((i) the estimated need for cash in cash at the establishment of the new company; and (ii) the restructuring reserve estimated by the parties, according to the contract of sale-purchase of shares; b) the amount from the restructuring reserve, remaining in the dedicated account, after the completion of the restructuring process and the certification of the total costs of the restructuring and their approval by the Authority for the Administration of State Ass (3) The amount provided in par. ((2) lit. a) shall be transferred to the general current account of the State Treasury within 5 days from the signing of the addendum to the contract of sale-purchase of shares concluded between the Authority for the Administration of State Assets, as a seller, and "Ford Motor Company" as a buyer. After the certification of the total costs of the restructuring and the approval by the Authority for the Administration of State Assets, according to the provisions of the contract for sale of shares, the amount provided ((2) lit. b) turn to the company resulting from the restructuring, as additional cash contribution of the Authority for the Administration of State Assets to the share capital, in exchange for which new shares will be issued to the Authority for Administration of State Assets, within 180 days from the date of takeover by the Authority for the Administration of State Assets of the stake in the new company. The terms "net liquidity available", "restructuring reserve", "restructuring process" and "new company" will have the meaning established by the contract of sale-purchase of shares. "" 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. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, April 30, 2013. No. 140. ----