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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:

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

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  1. Conferinţa Naţională ALB - 2006 Joi, 19 octombrie 2006 A new Sort of Public Private Partnership: Leasing Agreements with Public Institutions Matei Florea

  2. 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.

  3. Lease Objects • Up to present: Mainly Vehicles and Equipment Leasing. • Future opportunities: Infrastructure & Real Estate Leasing.

  4. 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.

  5. Prerequisites • Investments Approval • Budgeting • Preparation of the Public Tender

  6. Public Tender & The Contract • Tender Book (Caietul de Sarcini) • Supplier Leasing Company Consortium • Three Party Supply & Leasing Agreement / Separate Agreements

  7. Collaterals & Specific Problems • Municipal Guarantee • Other Collaterals • Mandatory Offset Transactions

  8. 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

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