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Informational procedure regarding the compensation activity for former FNI (National Investment Fund) investors*
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National
This operational procedure is drawn up for the activity of monitoring and prompt registration of compensation claims through voluntary payment and enforcement files, for amounts that AAAS is obliged to pay to former FNI investors, based on civil and criminal judgments pronounced by courts of law.
The main activities concerning the compensation process for former FNI investors are as follows:
1. receiving information regarding the judgments issued by the courts, by which AAAS is obliged to pay compensation to former FNI investors, specifically:
- the annexes of these judgments, listing the creditors by name and their identification data, in electronic format;
- the date from which the statute of limitations is calculated for each judgment, in cases where the recovery of the claim is done through enforcement.
2. entry into the database of all creditors appearing in the annexes of the judgments issued by the courts, with 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;
- the number and date of the judgment to which the creditor belongs.
3. analysis and separation of received documents, depending on their nature, into the following types:
- compensation claims and necessary documents for voluntary payment;
- enforcement files sent by the BEJ;
- supplements to files already registered, sent by the creditors;
- notifications of garnishment establishment sent by ANAF-ATCPB;
- petitions sent by creditors or by public institutions to whom the creditors have addressed;
- correspondence with BEJ, as the case may be;
- requests for providing/receiving information, forwarded by the departments and services of the institution;
- other documents related to the compensation process for former FNI investors.
4. for creditors from civil and criminal judgments who opt to be compensated by voluntary payment, the following operations take place:
- physical verification of the documents provided by creditors, for the establishment of their personal files, in terms of meeting all the necessary elements, depending on the judgment from which they come;
- verification of the compliance of documents provided by creditors for voluntary payment, for forming their personal files, in accordance with legal requirements, justification of the claim and its value;
The following are verified:
- the existence of a correlation between the address in the judgment and that in the identity document or investor booklet;
- correct identification of persons claiming compensation as heirs of the holder, based on the documents: death certificate of the holder (copy), identity documents of the heirs (copy), heir certificate, specifying the movable asset claimed, specifically the FNI booklet with its related data, i.e. booklet number, number of fund units and their value (copy);
- correct identification of persons claiming compensation as proxies of the holder, based on documents: authentic notarial power of attorney, identity documents of the proxies and the holder (copy);
- if the compensation value is established on the basis of an extrajudicial accounting expertise report prepared by an authorized accountant, the correctness of the value calculation for the investor booklet will be verified, taking into account the court's decision, i.e. the initially invested value, using the FIFO method;
- recording the information from the creditors’ personal file into the FNI database, in the sense of correctly entering the following elements:
- the number and date of registration of the general AAAS compensation claim;
- internal personal file number of the creditor;
- CNP;
- FNI booklet/booklets number;
- the amount owed to the creditor (ROL and RON) at the value in the judgment or in the extrajudicial accounting expertise report;
- file status (complete/incomplete);
- person making the entry in the database;
- notes on the file (if necessary).
As a result of the verifications, the following actions will be taken, as the case may be:
- request for documents that are missing or incorrect in the personal creditor’s file; this request will be made by phone or, if not possible, in writing;
- updating the creditor's personal file with documents sent afterwards, highlighting this operation in the FNI database.
5. for creditors from civil and criminal judgments who opt to be compensated through enforcement of the institution, the procedure is triggered upon:
- receiving from DJ, in photocopy, the enforcement files sent by the BEJ, which include summons, reports of updated debt calculation and enforcement costs, notifications of garnishment establishment, accounting expertise reports and photocopies of the FNI booklets;
- receiving from the Economic Department the notifications of garnishment establishment sent by ANAF-ATCPB and registering in the database the enforcement files for which no other documents exist.
The following operations are carried out:
- identification in the enforcement files of creditors claiming compensation in their own name or as heirs of the holders;
- verification of the correctness of the calculation of the amounts claimed, i.e., amounts from the judgment updated with the inflation index; in the case of criminal judgments, the accountant’s expert report is checked, based on the copies of the FNI investor booklets;
- if the amount is incorrect, correction will be requested in writing, directly from the bailiff and accountant or indirectly, through the Legal Department, also requesting the modification of the enforcement costs, proportionally to 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’s name, initial and updated debt value, enforcement costs, notification of garnishment, person making the database entry, and other file-related observations;
- notifying the Legal Department of double or triple executions for the same claim, in order to initiate a court challenge to the execution;
- registering in the database the civil judgments received from the Legal Department, by which AAAS has won or lost the reversal of the enforcement that was challenged;
- the formalities for collection through the cash desk of the debts owed by FNI aggrieved parties, based on certain civil judgments, debts updated with the inflation rate according to the judgment, will be performed by the Economic Department, after which the respective amounts will be registered in the FNI database;
- registering in the database the payment orders and accounting notes, based on the account statement copies received from the Economic Department, for payments or enforcements of AAAS accounts by FNI aggrieved parties;
- registering in the database the receipts from FNI aggrieved parties, obligated to pay by a final civil judgment, based on the account statement copies received from the Economic Department;
- sending, at the request of the Legal Department, information regarding the status of enforcement files.
6. in the situation where the Economic Department notifies the existence of financial resources, the preparation of the payment documents for compensation claims submitted by creditors in voluntary payment files is carried out, in the chronological order in which these 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 judgment to which it relates, up to the date of drawing up the Payment Note;
- the inflation index represents 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 claim is the same as the person mentioned in the respective judgment (or their successor/legal proxy), the Payment Note is drawn up, according to the model generated by the FNI software, to be signed by the person drawing it up and the DPCLS (Community Policies and Special Laws Department) director;
- the Payment Authorization, Budget Commitment, and Proposal to undertake 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 authorizing officer;
- the creditor’s personal file together with the payment documents signed by all responsible parties is 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
Standard request - in the case of creditors who are listed by name in the annex to a civil judgment issued by a court, by which AAAS is required to pay compensation to former FNI investors; (document required for creditors who choose to be compensated by voluntary payment)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Request*
Descarcă
Scanned document
Standard request - in the case of creditors who are listed in the annex to a criminal sentence / decision 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 statement*
Descarcă
Scanned document
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 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 statement*
Descarcă
Scanned document
Standard statement - which must be provided before a public notary - in the case of creditors who are listed in the annex to a criminal judgment / decision issued by a court through 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 ID Card*
Descarcă
Scanned document
BI/CI copy*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Account statement*
Descarcă
Scanned document
Account statement (original) with the stamp of the issuing bank; (document required for creditors who choose to be compensated by voluntary*
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 through 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 certificate - 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 amending and supplementing the Government Emergency Ordinance no. 23/2004 regarding the establishment of certain reorganization measures of the Authority for Valuation of Bank Assets by merger through absorption with the Authority for Privatization and Management of State Holdings*
Appeal routes
In the case of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
*Additional information
More info:
Links
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Assistance and problem-solving services
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Last updated:
13 April 2022
Publicat de către:
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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 the Administration of State Assets*
*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 the Administration of State Assets*
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
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