Conferina Naional ALB 2006 Joi 19 octombrie 2006

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: Ø Central Public Administration: e. g. the Parliament, ministries, other public authorities and all institutions in their subordination; Ø Subnationals (unitati administrativ teritoriale): counties, cities, other municipalities; and Ø Public institutions and public services having legal personality and are subordinated to Subnationals: e. g. regii autonome and trade companies.

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

Public Procurement: the main legal framework Ø Government Emergency Ordinance no. 34/2006 concerning awarding of public procurement agreements, public works concession agreements and services concession agreements and subsequent regulations; and Ø Article 5 of GEO 34/2006: Definition of the Supply Agreement (Contractul de furnizare): finance or operating leasing.

Prerequisites Ø Investments Approval Ø Budgeting Ø Preparation of the Public Tender

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

Collaterals & Specific Problems Ø Municipal Guarantee Ø Other Collaterals Ø Mandatory Offset Transactions

Thank you for your attention! SCHOENHERR ŞI ASOCIAŢII SCA ATTORNEYS AT LAW / RECHTSANWÄLTE 30 Dacia Blvd, 4 th Floor, Sector 1, Bucharest T: +40 21 319 67 90; F: +40 21 319 67 91; E: office@schoenherr. ro