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Informational procedure regarding the settlement of administrative files constituted under Law no. 10/2001*

This procedure is drawn up to establish the method of resolving cases constituted under Law no. 10/2001, both regarding resolution proposals at the level of the Directorate for Community Policies and Special Laws – Specialized Directorate within AAAS – and the submission of these to the Notification Analysis Commission and, as the case may be, to the Evaluation Commission, in accordance with the applicable legal provisions.

The resolution activity involves the following stages:

1. The stage of receiving and inventorying the case file

- involves registering in the operational records of the directorate the administrative file constituted based on notifications formulated under Law no. 10/2001.

2. The stage of preliminary analysis of the case file, for the purpose of requesting additional documents

- considering that the database was established after 2010, files will be analyzed in the order of their assigned registration number. If it is found that the file is complete, it will be put into processing. If additional information is required to resolve the case, a request will be drafted asking for such information. The deadline for the petitioner to submit additional documents is 120 calendar days, with the possibility of extension, upon request, by another 60 days, provided that the date of the extension request does not exceed the initial 120 days. New files, received from other institutions, are registered in the order they are submitted to AAAS. Files discussed during hearings organized at the Directorate for Community Policies and Special Laws (DPCLS) will be analyzed, additional documents will be requested, and insofar as the petitioners send the requested completions, cases will be put into processing.

3. The stage of final analysis – is performed on two levels:

In situations where it is considered that all necessary documents for formulating a proposal are present, the responsible legal adviser/expert analyzes the documents in the file and drafts the Report containing the proposed resolution. Final analysis can also be performed if the file is incomplete, but the petitioner(s) submits a request in this regard, stating the impossibility of providing further documents;

The Analysis Commission discusses the Report prepared by the legal adviser/expert who handled the file and decides on the method of resolution, in accordance with its own Rules of Operation approved by order of the AAAS President.

4. The evaluation stage
In situations where the claim targets the application of art. 31 of the law, the Report prepared by the legal adviser/expert who handled the file with the documents, endorsed by the Notification Analysis Commission, is forwarded to the AAAS Evaluation Commission for drawing up the Evaluation Commission Report.

5. The stage of drafting and approving the decision.
Based on the decision of the Analysis Commission, and as the case may be, on the Evaluation Commission Report, the legal adviser/expert who handled the file drafts the Decision with the settlement proposals for the notification, which is sent for endorsement to the management of the Directorate for Community Policies and Special Laws (DPCLS), and for approval to the President of AAAS.

6. The communication stage
The decision is communicated to the holders of the notification or their representatives, and if they declare that they do not contest the Decision, the original file is sent to the National Commission for the Compensation of Properties, within the National Authority for Property Restitution, or to other competent entities, as the case may be.

Delineation of case resolution activity constituted under Law no. 10/2001

Within AAAS, the delineation of the activity of resolving files constituted under Law no. 10/2001 is achieved by:

mode of organizing the evidence of files in its own database;

mode of organizing the activity through establishment and operation of commissions for the purpose of applying Law no.10/2001 - Notification Analysis Commission and Evaluation Commission, separately from the file analysis activity;

Main activities on which the resolution activity of files constituted under Law no. 10/2001 depends and/or which depend on it

The list of main activities on which the resolution activity of files constituted under Law no. 10/2001 depends is as follows:

submission to the file by the petitioners or by commercial companies/state institutions required documents for the resolution of the notification, in accordance with legal provisions;

submission by petitioners or by the Legal Directorate of court rulings by which AAAS is obligated to issue a decision based on Law no. 10/2001;

prioritization of files based on the following criteria:

category A - files for which there is a final and irrevocable court ruling by which AAAS is obliged to issue a motivated decision proposing the grant of reparation measures;

category B - files for which there is a final and irrevocable court ruling by which AAAS is obliged to issue a motivated decision as a response to the submitted notification;

category C - files for which petitioners attended a hearing, during which it was found that all documents required by law for issuing a motivated decision are present in the file;

category D - files for which petitioners attended a hearing, during which it was found that the file does not contain all documents required by law for issuing a motivated decision. Together with the petitioner, the set of documents to be submitted will be established, and the file will be put into processing after it is completed with the necessary information;

category E - files for which petitioners have sent a written request regarding the status of the file review. Within the legal term of 30 days from receiving the request, the petitioner will be informed about the documents required to complete the file or, if all documents are submitted, within 120 days, the reasoned decision of AAAS will be communicated.

category F - the rest of the files will be checked in the order of their registration in the database.

If the Analysis Commission finds that the notification falls within the provisions of Law no.10/2001 and is accompanied by all documents required by law, all necessary steps will be taken to issue the decision regarding the proposal for file resolution. As the case may be, the case file will be forwarded to the Evaluation Commission, by care of the Directorate for Community Policies and Special Laws (DPCLS). After the analyses and evaluations are carried out, the Decision will be issued, endorsed by the Directorate for Community Policies and Special Laws (DPCLS), and forwarded for signature to the President of AAAS.

In the case of notifications falling under the provisions of art. 29 of Law no. 10/2001, as amended and supplemented, decisions proposing compensatory measures will be forwarded, together with the notification and the related documents, to the National Commission for the Compensation of Properties, for the purpose of analyzing and calculating the final amount of the compensatory measures.

In the case of notifications falling under the provisions of art. 31 of Law no. 10/2001, as amended and supplemented, the motivated decision, which will also include the amount of compensatory measures, will be forwarded, together with the notification and related documents, to the National Commission for the Compensation of Properties.

In the situation where there is a final and irrevocable court ruling in which the court rules on objectives which are within the competence of AAAS, in its capacity as the entity empowered to resolve notifications made under Law no.10/2001, the reasoned decision will be based on the elements considered by the court, including the level of compensation set by the final and irrevocable court ruling.

The proposal for granting compensatory measures will also include the shares of heirs who did not submit claims within the legal term, only if their status as heirs is proven by the heir certificate/heir status certificate and authenticated statements are submitted by them certifying that no claims were submitted regarding the subject matter of the notification under review.

By means of the Reasoned Decision, as the case may be:

granting of compensatory measures is proposed;

the notification is rejected;

the competence to resolve the notification is declined in favor of another authority, institution, etc., empowered by law to resolve it.

Depending on the solution proposed in the issued decision, the documents will be transmitted as follows:

Stage 1

a) one copy of the decision to the holder(s) of the notification (one for each holder);

b) the address through which the decision is communicated and the agreement is requested for forwarding the file, further, to the institution empowered to calculate the compensation;

Stage 2

a) after receiving the agreement, the file containing all submitted documents, inventoried by list, will be forwarded to the empowered institution;

b) forwarding address of the file, copy 1 will go to the competent institution, copy 2 will be filed with the witness copy that remains

PROCEDURA

Cetateni

National

Informational procedure regarding the compensation activity for former FNI investors (National Investment Fund)*

This operational procedure is drawn up for the activity of monitoring and operative recording of compensation requests through voluntary payment and enforcement files, for the amounts that AAAS is obliged to pay to former FNI investors, based on civil and criminal rulings issued by the courts.

The main activities regarding the compensation of former FNI investors are the following:

1. receiving information on the rulings issued by the courts, by which AAAS is obliged to pay compensations to former FNI investors, as follows:

- annexes to these rulings, listing the creditors by name and their identification data, in electronic format;

- the date from which the statute of limitations is calculated for each ruling, in cases where the recovery of the claim is made through enforcement.

2. entering into the database all the creditors listed in the annexes of the court rulings, with identification data and information on the claim, as listed in the rulings:

- last name, first name, father's initial;

- home address;

- number of fund units and their value;

- the number and date of the ruling to which the creditor belongs.

3. analyzing and separating the received documents, according to their nature, into the following types:

- compensation requests and necessary documents for voluntary payment;

- enforcement files sent by BEJ;

- additions to already registered files, sent by creditors;

- notices of establishment of garnishment sent by ANAF-ATCPB;

- petitions sent by creditors or by public institutions to which the creditors have addressed themselves;

- correspondence with BEJ, as the case may be;

- requests for provision/exchange of information, sent by the departments and services within the institution;

- other documents related to the compensation activity of former FNI investors.

4. for the creditors in the civil and criminal rulings who choose to be compensated by voluntary payment, the following operations take place:

- physical verification of the documents provided by creditors, for the creation of their personal files, in order to meet all necessary elements, depending on the ruling they belong to;

- verification of the conformity of the documents provided by creditors for voluntary payment, in order to create their personal files, complying with the legal requirements in the field, justification of the claim, and its value;

The following are checked:

the existence of correlation between the address of residence listed in the ruling and the one from the identity document or investor card;
correct identification of persons requesting compensation as heirs of the holder, based on documents: death certificate of the holder (copy), identity documents of the successors (copy), heir certificate, specifying the claimed movable property, namely the FNI card with the relevant data, respectively card number, number of fund units and their value (copy);
correct identification of persons requesting compensation as legal representatives of the holder, based on documents: authentic notarial power of attorney, identity documents of the representatives and the holder (copy);
if the amount of compensation is established based on an extrajudicial accounting expertise report prepared by an authorized accountant, the correctness of the calculation of the value of the investor's card will be checked, considering the court decision, respectively at the initially invested value, applying the FIFO method;
transposing the information from the personal file of the creditors into the FNI database, namely the correct entry of the following elements:

- the number and date of registration of the general compensation request at AAAS;

- internal personal file number of the creditor;

- CNP;

- FNI card/cards number;

- the amount owed to the creditor (ROL and RON) at the value stated in the ruling or the extrajudicial accounting expertise report;

- file status (complete/incomplete);

- the person making the entry into the database;

- remarks about the file (if applicable).

Following the checks, the following actions are taken, as the case may be:

- requesting missing or incorrect documents in the creditor's personal file; this request will be made by phone or, if not possible, in writing;

- completion of the creditor's personal file with documents sent later, highlighting this operation in the FNI database.

5. for creditors in the civil and criminal rulings who choose to be compensated through enforcement of the institution, the procedure begins upon:

- receiving from DJ, in photocopy, the enforcement files sent by BEJ, which include summons, calculation reports of the updated debt and enforcement costs, garnishment notifications, accounting expertise reports and photocopies of FNI cards;

- receiving from the Economic Directorate the notifications of establishment of garnishment sent by ANAF-ATCPB and entering into the database the enforcement files for which there are no other documents.

The following operations are performed:

- identification in the enforcement files of creditors requesting compensation in their own name or as heirs of holders;

- verification of the correctness of the calculation of the amounts requested, i.e. the amounts from the ruling updated with the inflation index; for criminal rulings, the accountant expert’s report is verified, based on copies of the FNI investor cards;

- if the amount is incorrect, its correction will be requested in writing, directly from the enforcement officer and accountant expert or indirectly, through the Legal Department, also requesting the modification of the enforcement costs, proportionally with the resulting debt;

- connecting the enforcement file with the file submitted by the creditor for voluntary payment (where applicable);

- entering into the database all information related to the enforcement file, namely file number, number and date from the AAAS general registry, creditor name, value of initial and updated debt, enforcement costs, garnishment notice, the person entering the data, and other file-related remarks;

- notifying the Legal Department of double or triple enforcements for the same claim, in order to initiate a court contestation to the enforcement;

- entering into the database the civil rulings received from the Legal Department, through which AAAS has won or lost the reversal of enforcement it has contested;

- the cashing formalities through the cashier of the debts owed by FNI victims, based on civil rulings, debts updated with the inflation rate, according to the ruling, will be performed by the Economic Department, after which those amounts will be registered in the FNI database;

- entering into the database payment orders and accounting notes, based on copies of account statements received from the Economic Department, for payments or enforcements of AAAS accounts by FNI victims;

- entering into the database receipts from FNI victims, obliged to pay by a final civil ruling, based on copies of account statements received from the Economic Department;

- sending, at the request of the Legal Department, information regarding the status of enforcement files.

6. in case the Economic Department communicates the existence of financial availabilities, the payment documents are drawn up for the compensation requests submitted by creditors in voluntary payment files, in the chronological order in which they were registered at the AAAS general registry:

- the amount due to the creditor is updated with the inflation index (CPI) provided by the National Institute of Statistics, calculated from the date stipulated in the ruling in which he/she is included, up to the date of drafting the Payment Note;

- the inflation index represents the overall consumer price index calculated by the National Institute of Statistics;

- if the file is complete and the existing documents show that the person who submitted the compensation request is one and the same as the person mentioned in the respective ruling (or their legal successor/representative), the Payment Note is drawn up, according to the model generated by the FNI software, which is signed by the person who prepared it and the DPCLS (Community Policies and Special Laws Department) director;

- the Payment Authorization, the Budget Commitment, and the Proposal for committing an expense are drawn up, which are endorsed by the CFP and signed by the Economic Department, DPCLS (Community Policies and Special Laws Department), and the credit authorizer;

- the creditor’s personal file together with the payment documents signed by all responsible parties are forwarded to the Economic Department for the actual payment into the account indicated by the creditor.

Authority for State Asset Administration*

Str. Cpt. Av. Alex. Șerbănescu nr. 50, Sectorul 1

Telefon: 0213036603

Fax:

Email: pcue@aaas.gov.ro

www.aaas.gov.ro

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Institutional structure

Autoritatea pentru Administrarea Activelor Statului - Directia Politici Comunitare si Legi Speciale