Conferinţa Naţională ALB - 2006 Joi, 19 octombrie 2006 A new Sort of Public Private Partnership:
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Transcript of Conferinţa Naţională ALB - 2006 Joi, 19 octombrie 2006 A new Sort of Public Private Partnership:
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;