INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
2. the leaders who are concomitantly administrators also have
a double responsibility: of labor right for the employee activity and of civil
right (the mandate rule) for the activity developed as administrators;
Regarding this aspect, by the Law 441/2006 of modification of Law
31/1999 regarding the trade companies acc. to art. 137, paragraph 3, during
the mandate, the administrators can not conclude with the company a labor
contract (and if the administrators are named through the employees, their
labor contract is ceased during the mandate). In the meaning that the
general law brings the special modifications of the law, we consider that
OUG no. 99/2006 will support some modifications as a result.
The leaders of the bank have to fulfill some educational conditions,
so:
- To be bachelors in the fields of economy or law, or in any
other field that connects with the financial and banking activity.
- To have post graduate studies in one of these fields
(economic or legal), but in this case to have at least 7 years experience in the
financial and banking field.
The leaders have to have a good reputation, qualification and
competency to fulfill the proposed objectives, the development of the
activity according to law and to a prudent and healthy practice.
At the nomination of leaders the bank has to be sure that each
leader has the experience for the types of activities which they coordinate.
For the leaders of the banks there are applicable the legal provisions
applicable to administrators, regarding the conflict of interests and the
incompatibilities.
The bank is hired by the signature of at least two leaders, in the
limit of the statutory competencies, or at least of two employees of the
bank, empowered by its leadership.
The national bank of Romania will settle by regulations and other
specific criteria of assessment of quality, activity and experience of the
persons named in a leading function of the bank.
Conclusions
The specific rules for the administration of the banking companies
are;
In the banking companies the administrators can be only natural
persons, unlike the trade companies, to which the act of administration can
be also fulfilled by a firm of management, which will exercise its
attributions by a representative named as administrator.
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