• Electronic Archive of Real Movable Guarantees

Documents authorising the operation of the Office of Notary Public Gabriela Chiran in Pitesti

Electronic archive of real movable guarantees - AEGRM

Since 2001, pursuant to the Decision number 135/04 May 2001 of the Executive of the UNNPR Council, the Office of Notary Public Chiran Gabriela in Pitesti has been n authorised agent of the UNNPR operator for the registration activity with the Electronic Archive of Real Movable Guarantees. For additional information on the electronic archive (AEGRM) please follow the link below, where details on legislation, forms, authorised agents may be found and where the database may be consulted.
http://www.co.romarhiva.ro

Legislation – for the activity related to the electronic archive of real movable guarantees:

• TITLE VI – “Legal regime of movable collateral” – of LAW number 99/1999 on certain measures for accelerating economic reform. Published in the Official Gazette of Romania, Part I number 236 of 27 May 1999 – updated.
• INSTRUCTIONS of the Ministry of Justice number 3128/C/28 October 2003 on the criteria for the authorisation of archive operators. Published in the Official Gazette of Romania, Part I number 780 of 6 November 2003.
• JOINT ORDER of the Ministry of Justice and Ministry of Finance number 766/C/552 for the approval of the Instructions regarding the collection and payment method of duties stipulated by the Government Ordinance number 89/2000. Published in the Official Gazette of Romania, Part I number 327 of 16 May 2002.
• GOVERNMENT ORDINANCE number 89 of 29 August 2000 on certain measures for authorising operators and performing registrations with the Electronic Archive of Real Movable Guarantees, subsequently amended and completed – unofficial consolidated text.
• GOVERNMENT RESOLUTION number 802 of 30 September 1999 on the adoption of the Regulation for the Organisation and Operation of the Electronic Archive of Real Movable Guarantees, subsequently amended and completed – unofficial consolidated text.
• ORDER of the Ministry of Justice number 2409/C of 25 August 2004 on the approval of the Instructions regarding the use of the electronic signature with a view to registering forms and searching data in the Electronic Archive of Real Movable Guarantees. Published in the Official Gazette of Romania, Part I number 829 of 8 September 2004.
• LAW number 31 of 1 March 2006 on the securitisation of claims
• LAW number 32 of 1 March 2006 on mortgage bonds
• REGULATION number 12/3 of 7 August 2006 for the authorisation of agents under Law number 32/2006 on mortgage bonds
• REGULATION number 13 of 20 July 2006 on mortgage bonds
• ORDER of the Ministry of Justice number 1929/C of 14 July 2008 on the approval of forms of notice of guarantee regarding the registration with the Electronic Archive of Real Movable Guarantees and of instructions for filling-in such forms. Published in the Official Gazette of Romania, Part I number 654 of 16 September 2008.

List of documents necessary for registration with the Electronic Archive of Real Movable Guarantees carried out by the Ministry of Justice under article 36 (7) of the Government Resolution number 802/1999, subsequently amended and completed

Pursuant to article 36 (7) of the Government Resolution number 802/1999 on the adoption of the Regulation for the Organisation and Operation of the Electronic Archive of Real Movable Guarantees, amended and completed by the Government Resolution number 350/2004 “Any person suffering prejudices following the registration or the non-registration with the archive of a notice of guarantee when according to the law such obligation is incumbent upon the creditor may apply for the registration with the archive of a notice of guarantee provided such person has obtained a final and irrevocable court judgment authorising the same to subscribe the notice concerned on account of the creditor. The authentic copy of the court judgment rendered enforceable, along with the notice of guarantee shall be submitted by the applicant to the Surveillance Authority (…). The registrations made by the Surveillance Authority under this paragraph are exempt from payment of any fee”.  
In order to carry out registrations under the above-mentioned conditions the following documents are necessary:

• form of notice of guarantee corresponding to the type of notice of guarantee the registration of which is requested (e.g. amending notice, notice of expiry, etc.).

The standard forms of notice of guarantee are enclosed with the Order of the Ministry of Justice number 1290/C/2004 on the approval of forms of notice of guarantee regarding the registration with the Electronic Archive of Real Movable Guarantees and of instructions for filling-in such forms as annexes and they may downloaded from the site – “Legislation”.

The boxes of the form shall be filled-in with the data necessary for carrying out the registration with the archive, observing the filling-in rules in the Order of the Ministry of Justice number 1290/C/2004.

The person submitting the application for the registration with the Archive must be the same person signing the form and the complete identification details of whom are written in the introduction to the form of notice of guarantee (the signing of the form by one person and the submission of the application for registration with the Archive by another person is not allowed).

• power of attorney (notarised power of attorney or power of attorney for litigation accompanied by the legal assistance agreement) granted by the person on behalf of whom the application for the registration of the notice of guarantee concerned with the archive is made, if the application for registration is submitted by a conventional representative or, as the case may be, a certificate issued by the Trade Register Office if the application is submitted on behalf of a legal person registered with the Trade Register by a natural person holding a management position, empowered to validly represent the legal entity in the relationships with third parties;
• proof of payment of fee charged for the registration with the archive for the registration requested; the amount of the fee is set forth by the Joint Order of the Ministry of Justice number 766/C/2002 and of the Ministry of Public Finance number 552/2002 according to the type of the notice of guarantee.

The fee is paid by the beneficiary of the registration by a distinct promissory note to account 20.17.01.03. – “Duties and fees charged for operating licences and permits issued”, opened for the State Budget with the treasury and public accounting units in the jurisdiction of which the same has the tax residence (for Bucharest, which is divided into several districts, the fees shall be paid at the treasury of the district in the jurisdiction of which the same has the tax residence, to the appointed account).

The promissory note by which such fee is paid shall render evident the nature of the payment by writing under the “As payment for” heading a specification such as “Fee for the registration with the Electronic Archive carried out by the Ministry of Justice”.

Under the “To the beneficiary” heading the name of the local treasury (in the jurisdiction of which the beneficiary of the registration operation has the tax residence) shall be written; the account of the treasury with the BNR (such account shall be communicated by the corresponding treasury), adding the VAT Identification Number of the beneficiary of the registration.

The promissory note shall mention overleaf the following: under the “Payment obligations” heading the name of account 20.17.01.03. shall be written – “Duties and fees charged for operating licences and permits issued”, while under the “Account code” account 20.17.01.03 shall be filled-in.

• authentic copy of the final and irrevocable court judgment rendered enforceable, specifying that it is final and irrevocable (the authentic document shall be submitted and the same shall be returned after having made a copy at the seat of the Ministry of Justice), by which the person requesting the registration is authorised to perform the corresponding registration with the Archive on account of the creditor in the notice of guarantee.

According to the situation, the court judgment itself may be involved when in addition to the main head of claim the authorisation of the performance of obligation on account of the creditor in the notice of guarantee is requested or an irrevocable conclusion passed by the court under the conditions of article 580² of the Code of Civil Procedure. In this latter situation the applicant shall submit the court judgment making up the enforceable title and bearing the “final and irrevocable” mention, as well as the conclusion concerned, both notarised and rendered enforceable.

Applicants shall appear bearing the above-mentioned documents at the seat of the authorised agent, namely at the Office of Notary Public GABRIELA CHIRAN (or before any other operator/authorised agent, including at the seat of the Ministry of Justice in Bd. Regina Elisabeta nr.53, et. 5, sector 5, Bucureşti), identifying themselves by the Identity Card. If the applicant represents another (natural or legal) person the same shall have to produce a special power of attorney in order to prove that the applicant has been duly empowered for such purpose.