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

This procedure is developed for establishing the manner of resolving files constituted based on Law no. 10/2001, regarding both the proposals for settlement at the level of the Directorate for Community Policies and Special Laws – Specialized Directorate within AAAS – and their forwarding to the Notification Analysis Committee and, as appropriate, to the Evaluation Committee, in accordance with the applicable legal provisions.

The case resolution activity comprises the following stages:

1. Stage of receiving and inventorying the file

- implies the registration in the operative records of the directorate of the administrative file constituted based on the notifications submitted under Law no. 10/2001.

2. Stage of preliminary analysis of the file, for the purpose of requesting additional documents

- considering that the database was created after 2010, the files will be analyzed in the order of their registration number. If it is found that the file is complete, it will be processed. If additional information is required for resolution, a request for such information will be drafted. The deadline for the petitioner to send additional documents is 120 calendar days, with the possibility of extension, at their request, by another 60 days, provided that the extension request date does not exceed those 120 days. New files, received from other institutions, are recorded in the order they are submitted to AAAS. Files that are discussed during hearings organized at the Directorate for Community Policies and Special Laws (DPCLS) will be analyzed, additional documents will be requested, and as the information provided by petitioners completes them, they will be processed.

3. Stage of final analysis – is carried out on two levels:

If it is considered that all necessary documents for making a proposal are available, the legal adviser/expert responsible analyzes the documents in the file and drafts the Report containing the proposed solution. The final analysis may also be carried out if the file is incomplete, but the petitioner(s) submit a request to this effect, stating their impossibility to provide further documents;

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

4. Stage of evaluation
If the claim requests the application of art. 31 of the law, the Report prepared by the legal adviser/expert who processed the file, endorsed by the Notification Analysis Committee, is forwarded to the AAAS Evaluation Committee for the purpose of drafting the Evaluation Committee Report.

5. Stage of drafting and approving the decision.
Based on the decision of the Analysis Committee and, as the case may be, the Report of the Evaluation Committee, the legal adviser/expert who handled the file drafts the Decision with proposals for resolving 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. Stage of communication
The Decision is communicated to the notification holders or their representatives, and if they declare they do not contest the Decision, the original file is forwarded to the National Committee for the Compensation of Buildings, within the National Authority for Property Restitution or to other competent entities, as applicable.

Delimitation of the resolution activity of files constituted under Law no. 10/2001

Within the AAAS, the delimitation of the file resolution activity under Law no. 10/2001 is carried out by:

the way in which the records of files are organized in its own database;

the manner in which the activity is organized through the constitution and operation of committees for the application of Law no. 10/2001 - Notification Analysis Committee and Evaluation Committee, separate 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:

submitting to the file, by petitioners or by commercial companies/state institutions, the documents necessary to resolve the notification, in accordance with legal provisions;

transmission by petitioners or by the Legal Department of court decisions by which the AAAS is obliged to issue a decision based on Law no. 10/2001;

prioritizing files based on the following criteria:

category A - files for which there is a final and irrevocable court decision by which AAAS is obliged to issue a reasoned decision with a proposal for awarding compensatory measures;

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

category C - files for which petitioners have attended a hearing, on which occasion it was found that all the documents required by law for issuing a reasoned decision exist in the file;

category D - files for which petitioners have attended a hearing, on which occasion it was found that the file does not contain all legally required documents for issuing a reasoned decision. Together with the petitioner it will be established which set of documents must be submitted, and the file will be processed after being completed with the necessary information;

category E - files for which petitioners have sent a written request regarding the status of the file analysis. Within the legal term of 30 days after receiving the request, the petitioner will be communicated the documents necessary for completing the file or, if all documents are submitted, the reasoned decision of AAAS will be communicated within 120 days.

category F - the rest of the files will be checked in the order of the numbers with which they were entered into the database.

If the Analysis Committee finds that the notification falls under the provisions of Law no. 10/2001 and is accompanied by all documents required by law, all efforts will be made to issue the decision regarding the proposal for settling the file. Where applicable, the file will be forwarded to the Evaluation Committee, by the Directorate for Community Policies and Special Laws (DPCLS). After the analyses and evaluations are performed, the Decision will be issued, endorsed by the Directorate for Community Policies and Special Laws (DPCLS) and sent for signature to the President of AAAS.

In the case of notifications that fall under the provisions of art. 29 of Law no. 10/2001, as amended and supplemented, decisions with proposals for compensatory measures will be forwarded together with the notification and the related acts to the National Committee for the Compensation of Buildings, for the purpose of analyzing and calculating the final amount of the compensatory measures.

In the case of notifications that fall under the provisions of art. 31 of Law no. 10/2001, as amended and supplemented, the reasoned decision which will include the amount of the compensatory measures, will be forwarded together with the notification and the related acts to the National Committee for the Compensation of Buildings.

In the event of a final and irrevocable court decision in which the court rules on objectives that are within the competence of AAAS, as the entity invested with settling notifications made based on Law no. 10/2001, the reasoned decision will be based on the elements considered by the court, including the level of compensations established by the court's final and irrevocable decision.

The proposal for awarding compensatory measures will also include the shares of heirs who have not made claims within the legal term, only in the situation where their status as heirs is proven by the certificate of inheritance/status as heir and authenticated declarations submitted by them showing that no requests have been made regarding the subject of the notification under analysis.

Through the Reasoned Decision, as the case may be:

the awarding of compensatory measures is proposed;

the notification is rejected;

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

Depending on the solution proposed by 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 by which the decision is communicated and the agreement is requested regarding further forwarding of the file to the institution competent for calculating the compensations;

Stage 2

a) after receiving the agreement, the file containing all submitted documents, inventoried in the index, will be sent to the competent institution;

b) the forwarding address - copy 1 will go to the competent institution, copy 2 will be filed with the reference copy which remains

PROCEDURA

Cetateni

National

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

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.

Authority for the Administration of State Assets*

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

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