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

Details

This operational procedure is developed for the activity of monitoring and operative registration of compensation requests through voluntary payment and enforcement files, for the amounts that AAAS is obliged to pay to former FNI investors, based on the civil and criminal judgments pronounced by the courts.

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

1. receiving information regarding the judgments issued by the courts, by which AAAS is obliged to pay compensation to former FNI investors, namely:

- the annexes of these judgments, with the nominal listing of creditors and their identification details, in electronic format;

- the date from which the extinctive prescription is calculated for each judgment, for situations where the claim is collected through enforcement.

2. entering into the database all creditors listed in the annexes of the judgments issued by the courts, with their identification data and information about the claim, as shown in the judgments:

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

- home address;

- number of fund units and their value;

- number and date of the judgment the creditor is part of.

3. analysis and separation of received documents, according to their nature, into the following types:

- compensation requests and the necessary documents for voluntary payment;

- enforcement files sent by BEJ;

- supplements to already registered files, sent by creditors;

- notifications of garnishment establishment sent by ANAF-ATCPB;

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

- correspondence with BEJ, as the case may be;

- requests for/ provision of information sent by the directorates and services within the institution;

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

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

- physical verification of documents provided by the creditors, for the establishment of their personal files, ensuring all necessary elements are present, depending on the judgment they are part of;

- checking the compliance of documents furnished by creditors for voluntary payment, for the purpose of creating their personal files, complying with legal requirements, substantiating the claim and its value;

The following are checked:

the existence of correlation between the home address entered in the judgment and the one in the identity document or investor booklet;
correct identification of the persons requesting compensation as heirs of the holder, based on the following documents: death certificate of the holder (copy), identity documents of successors (copy), heir certificate, with specification of the claimed movable asset, in this case the FNI booklet with related data, respectively booklet number, number of fund units and their value (copy);
correct identification of persons requesting compensation as authorized representatives of the holder, based on the following documents: authentic notarial power of attorney, identity documents of representatives and holder (copy);
if the compensation value is established based on an out-of-court accounting expertise report prepared by an authorized accountant, the correctness of the calculation of the value of the investor's booklet will be verified, taking into account the court decision, specifically the initially invested value, applying the FIFO method;
transposition of information from the creditor’s personal file into the FNI database, recording the following elements correctly:

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

- creditor's internal personal file number;

- Personal Numeric Code (CNP);

- FNI booklet(s) number;

- outstanding amount owed to the creditor (ROL and RON) at the value from the judgment or from the out-of-court accounting expertise report;

- file status (complete/incomplete);

- person performing the registration in the database;

- remarks regarding the file (if applicable).

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

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

- completing the creditor's personal file with subsequently sent documents, recording this operation in the FNI database.

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

- receipt from DJ, in photocopy, of enforcement files sent by BEJ, which include summonses, statements of calculation of the updated debt and enforcement expenses, notices of the establishment of garnishment, accounting expertise reports, and photocopies of the FNI booklets;

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

The following operations are performed:

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

- checking the correctness of the calculation of the amounts requested, namely the amounts from the judgment updated with the inflation index; in the case of criminal judgments, the expertise report of the authorized accountant is checked, based on copies of the FNI investor booklets;

- if the amount is incorrect, written correction will be requested, directly from the judicial executor and the authorized accountant or indirectly, through the Legal Directorate, also requesting the amendment of execution expenses, proportionally with the resulting debt;

- linking 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, initial and updated debt value, enforcement expenses, notification of the establishment of garnishment, person entering the information in the database, and other remarks related to the file;

- notifying the Legal Directorate of double or triple executions for the same claim, to initiate a court contestation of the execution;

- recording in the database the civil judgments received from the Legal Directorate, by which AAAS won or lost the reversal of enforcement which it contested;

- formalities for the cash collection of receivables owed by FNI victims based on civil judgments, receivables updated with the inflation rate, according to the judgment, shall be carried out by the Economic Directorate, after which those amounts will be recorded in the FNI database;

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

- recording in the database of receipts from FNI victims, obliged to pay by a final civil judgment, based on copies of account statements received from the Economic Directorate;

- submitting, at the request of the Legal Directorate, information on the status of enforcement files.

6. in the event that the Economic Directorate communicates the existence of available financial resources, 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 specified in the judgment in which they are mentioned, until the date of preparation of the Payment Report;

- the inflation index is the total 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 the same as the person mentioned in the respective judgment (or the legal successor/authorized representative), the Payment Report is prepared according to the model generated by the FNI software, which is signed by the person who prepares it and the director of DPCLS (Community Policies and Special Laws Directorate);

- the Payment Authorization, Budget Commitment, and Proposal for Commitment of an Expenditure are drawn up, approved by the CFP and signed by the Economic Directorate, DPCLS (Community Policies and Special Laws Directorate) and the credit authorizer;

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

*

Entitled persons

Regulated professions

Required documents

Denumire

Descriere

Obligatoriu

Semnătură digitală

Tip document

Descarcă

-

Request*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Standard request - in the case of creditors who are listed in the annex to a civil court judgment by which AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who choose to be compensated through voluntary payment)*

Request*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Request type - in the case of creditors who are listed in the annex to a criminal sentence / decision issued by a court of law, by which AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who opt to be compensated through voluntary payment)*

Notarial statement*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Standard statement - which must be given before the public notary - in the case of creditors who are listed in the annex to a civil judgment issued by a court of law by which AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who choose to be compensated through voluntary payment)*

Notarial statement*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Type declaration - which must be made before the public notary - in the case of creditors who are listed in the annex to a criminal sentence/decision issued by a court whereby AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who choose to be compensated by voluntary payment)*

Copy of ID card*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Copy ID card*

Account statement*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Bank account statement (original) with the issuing bank's stamp; (document required for creditors who choose to be compensated by voluntary payment)*

Extrajudicial accounting expertise report*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

Extrajudicial accounting expertise report prepared by an authorized accountant, to determine the initial amount invested by the creditor; (document required for creditors who choose to be compensated through voluntary payment and who are listed in the appendix to a criminal sentence))*

FNI investor card*

Descarcă

Scanned document

obligatoriu cu semnatură digitală disponibil și prin OOTS

FNI investor card - in original; (document required for creditors who choose to be compensated through voluntary payment and who are listed in the annex to a criminal sentence)*

Issued documents

Denumire

Tip document

Descarcă

-

The payment report*

obligatoriu cu semnatură digitală disponibil și prin OOTS

Fees

Title

Payment method

Value

Currency