Single digital gateway for public services
Informational procedure regarding the compensation activity for former FNI investors (National Investment Fund)*
favorite_border
Add favorite
Procedure
Offline
Cetateni
National
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.
*Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
Request*
Descarcă
Scanned document
Request type - in the case of creditors who are listed in the annex to a civil sentence issued by a court by which AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who choose to be compensated through voluntary payment)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Request*
Descarcă
Scanned document
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 choose to be compensated through voluntary payment)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notarial declaration*
Descarcă
Scanned document
Standard statement – which must be given before a public notary – in the case of creditors who are listed in the annex to a civil ruling issued by a court by which AAAS is obliged to pay compensation to former FNI investors; (document required for creditors who choose to be compensated through voluntary payment)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Notarial declaration*
Descarcă
Scanned document
Standard statement - which must be given before a public notary - in the case of creditors who are named in the annex to a criminal judgment / decision 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)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Copy of ID card*
Descarcă
Scanned document
Copy ID/CI*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Account statement*
Descarcă
Scanned document
Bank statement (original) with the issuing bank’s stamp; (document required for creditors who opt to be compensated by voluntary payment)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Extrajudicial accounting expertise report*
Descarcă
Scanned document
Extrajudicial accounting expertise report prepared by an authorized accountant expert, to determine the initial amount invested by the creditor; (document required for creditors who choose to be compensated by voluntary payment and who are listed in the annex to a criminal sentence)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
FNI investor card*
Descarcă
Scanned document
FNI Investor's card - original; (document required for creditors who choose to be compensated through voluntary payment and who are listed in the annex to a criminal sentence)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Issued documents
Denumire
Tip document
Descarcă
-
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Fees
Title
Payment method
Value
Currency
None
Deadlines
Resolution time:
0
Calendar days
Case filling duration:
0
Calendar days
Notification deadline:
0
Calendar days
Legislation
- Law number
192
dated year
2013
Law for the amendment and completion of Government Emergency Ordinance no. 23/2004 regarding the establishment of certain measures for reorganizing the Authority for Valorization of Banking Assets through merger by absorption with the Authority for Privatization and Administration of State Holdings*
Appeal routes
In the case of a dispute between the beneficiary and the competent authority, the provisions of common law are applicable.
*Additional information
More info:
Links
None
Assistance and problem-solving services
None
Last updated:
13 April 2022
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Institution responsible with document:
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Authority for State Asset Administration*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Authority for State Asset Administration*
Str. Cpt. Av. Alex. Șerbănescu nr. 50, Sectorul 1
Telefon:
0213036603
Fax:
Email:
pcue@aaas.gov.ro
Table of contents
Competent entities
Autoritatea pentru Administrarea Activelor Statului - Directia Politici
Comunitare si Legi Speciale
Share your opinion
Provide your opinion about the content of this page. You can leave acomment about what we can improve. You will not receive a response toyour comment. Use the contact form to clarify any questions regardingthe information and services available on this portal.
Did you find what you were looking for?
Help us improve