Conferinţa Naţională ALB - 2006

Joi, 19 octombrie 2006

A new Sort of Public Private Partnership:

Leasing Agreements with Public Institutions

Matei Florea

Public Institution

“Public Institution” means:

Central Public Administration: e.g. the Parliament, ministries, other public authorities and all institutions in their subordination;

Subnationals (unitati administrativ teritoriale): counties, cities, other municipalities; and

Public institutions and public services having legal personality and are subordinated to Subnationals: e.g. regii autonome and trade companies.

Lease Objects

Up to present: Mainly Vehicles and Equipment Leasing.

Future opportunities: Infrastructure & Real Estate Leasing.

Public Procurement: the main legal framework

Government Emergency Ordinance no. 34/2006 concerning awarding of public procurement agreements, public works concession agreements and services concession agreements and subsequent regulations; and

Article 5 of GEO 34/2006: Definition of the Supply Agreement (Contractul de furnizare): finance or operating leasing.

Prerequisites

Investments Approval

Budgeting

Preparation of the Public Tender

Public Tender & The Contract

Tender Book (Caietul de Sarcini)

Supplier Leasing Company Consortium

Three Party Supply & Leasing Agreement / Separate Agreements

Collaterals & Specific Problems

Municipal Guarantee

Other Collaterals

Mandatory Offset Transactions

Thank you for your attention!

SCHOENHERR ŞI ASOCIAŢII SCA

ATTORNEYS AT LAW / RECHTSANWÄLTE

30 Dacia Blvd, 4th Floor, Sector 1, Bucharest

T: +40 21 319 67 90; F: +40 21 319 67 91;

E: office@schoenherr.ro