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RLWeek October 14-19, 2019: The regulation of the activity of the National Integrity Agency. The National Franchise Register was announced to be set-up. Earmarking based on administrative territorial units of broken down VAT amounts in order to balance the local budget

1. The regulation of the activity of the National Integrity Agency.

The regulation of the activity of the National Integrity agency, dated the 10 of October 2019, was published in the Official Gazette number 841 of 16 October 2019. The regulation is substantiated on the provisions of Law number 144/2007 regarding the setting up, organization and functioning of the National Integrity Agency. The aim of the National Integrity Agency is ensuring integrity in the manner in which persons holding public offices fulfill their mandate, as well as preventing institutional corruption, by holding a high degree of responsibility in analyzing assets and wealth declarations, data and information pertaining to wealth, by observing the modifications occurred to assets, as well as by scrutinizing the incompatibilities and conflict of interests that arise during the fulfillment of their public office. The National Integrity Agency develops an activity focused upon the evaluation of the wealth, the conflict of interests and incompatibilities of persons holding public office and dignities, as well as potential conflicts of interest that may arise. Among the principles that guide the activity of the Agency we shall number: legality, confidentiality, fairness, operational independence, expedience, good administration, the right to a proper answer and the surmise that the wealth has been obtained via legal means.

The structure of the Agency:
– The agency is headed by a president and a vice-president, appointed by the Senate, by a competitive examination organized by the National Integrity Agency.
– The Agency has a national secretary that is considered a high public official, appointed in accordance with the provisions of the law.
– The Agency has several structures, at the level of Directorate-General, Directorate, Services, offices and divisions (for example: The division for classified information, The integrity Inspection, The Judicial Directorate-General, Public relations and communications).

Number of posts: 200, including dignitaries.

The regulation specifically provisions for the attributions of all the personnel of the National Integrity Agency. The provisioned for duties are presented in detail for each post out of the organizational structure through the job description.

2. The National Franchise Register was announced to be set-up.

In the Official Gazette number 829 of 11 October 2019, Law number 179/2019 was published for the modification and completion of Government Ordinance number 52/1997 regarding the judicial regime of the franchise, as well as for the modification of article 7 point 15 of the Law number 227/2015 regarding The Fiscal Code.

Among the most important provisions we shall underline:

The law completes the notion of a “Franchise”, thus stipulating that “The franchise represents a system of merchandising products and/or services and/or technologies, based on the close collaboration between natural and legal persons that are independent from a judicial and financial point of view, by which a person, entitled franchiser, allots another person, entitled franchisee, the right as well as the obligation to use a business, in full accordance with the concept created by the franchiser. This right authorizes and obliges the franchisee, in exchange for a direct or indirect financial contribution, to use the brand of the product and/or services and/or technologies, as well as other property, intellectual or industrial protected rights, the know-how, the copyright, as well as the signs of the traders, continuously benefiting from commercial and/or technical assistance from the part of the franchiser, within and pending the contractual understanding between the parties.

There are modifications to the notions of franchiser, franchisee, franchise network.

The concept of pilot-unit is introduced. Thus, the pilot-unit is the equivalent of a prototype with the aim of easily implementing into practice the success of the franchiser, of testing the franchise system and its infrastructure, of playing a supportive role in building the franchise scheme, the instructions manuals and the daily activities.

The term of “beneficiary” is replaced with the term “franchisee”.

The National Franchise Registry shall be set-up. The law provisions that in 60 days from entry into force of the law, the Romanian Franchise Association sets up the National Franchise Registry that shall register, upon request, the information provided by the franchiser via the document meant for revealing information. Furthermore, the franchiser shall have the possibility of registering in the National Franchise Register the document meant for revealing information without any cost.

3. Maria Gabriela Zoană, the new State Secretary to the Ministry of Justice.

Decision number 260/2019 was published in the Official Gazette number 834 of 15 October 2019 regarding the appointment of Maria Gabriela Zoană as State Secretary to the Ministry of Justice. Thus, starting with Tuesday, the 15 of October 2019, Maria Gabriela Zoană shall be appointed State Secretary to the Ministry of Justice. Maria Gabriela Zoană holds PhD in Law from the Alexandru Ioan Cuza Police Academy in Bucharest.

4. Earmarking based on administrative territorial units of broken down VAT amounts in order to balance the local budget.

On Monday, the 14 of October 2019, the Public Finance Ministry brought to public debate the project for a Decision regarding earmarking based on administrative territorial units of broken down VAT amounts in order to balance the local budget in accordance with article 20 in-line (3) of the Government Ordinance number 12/2019 regarding the budgetary adjustment of the 2019 state budget.

5. The interest rate paid for the mandatory minimum reserve in lei for the 24 of September – 23 October 2019.

The Circular decision number 20/2019 regarding the interest rate paid for the mandatory minimum reserve in Lei and in dollars for the period of 24 of September to 23 of October 2019 was published in Official Gazette number 841 of 16 October 2019.

The Council of Administration of the Romanian National Bank decided that starting with the implementation period of 24 September – 23 October 2019, the interest rate paid for the mandatory minimum reserve in lei shall be of 0,15%/year, and the interest rate paid for the minimum reserve in dollars shall be of 0,12%.

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