Methodological norms first house program
Under art. 108 of the Romanian Constitution, republished, and art. 1 par. (5) of Government Emergency Ordinance no. 60/2009 on some measures for the implementation of the First Home program,
The Government of Romania adopts the present decision.
(1) In order to facilitate the access of individuals to the purchase of a dwelling by contracting credits, the rules for the implementation of the First House program, hereinafter referred to as the program, set out in Annex no. 1.
(2) The program, defined as a government program, has the following characteristics:
a) national character, determined by its applicability throughout the country;
b) social character represented by state intervention in the process of guaranteeing the credits contracted by individuals for the purchase of dwellings.
Annex no. 1st methodological norms for the implementation of the first house program
Chapter 1 General Provisions
The present norms have been elaborated in accordance with the provisions of Government Emergency Ordinance no. 60/2009 on some measures for the implementation of the First House program, hereinafter referred to as the program.
National Credit Guarantee Fund for Small and Medium Enterprises S.AF IFN, hereinafter referred to as FNGCIMM, guarantees, on behalf and on behalf of the State, loans granted to individuals for the purchase of a dwelling within the program.
(1) The source of payment of guarantees issued in the name and on behalf of the state is the state budget.
(2) For the year 2009, the ceiling of the guarantees that can be issued according to art. 1 par. (3) of Government Emergency Ordinance no. 60/2009 is 1 billion euros.
(3) The ceiling provided for in paragraph (2) also includes the value of guarantee promises issued by FNGCIMM, in the name and on behalf of the State, VI.
The Convention provided for in Art. 1 par. (6) of Government Emergency Ordinance no. 60/2009, referred to as the Convention on Implementation of the Program, shall include, but not be limited to, clauses on:
a) the mechanism for implementing the program conditions;
b) evidence of the guarantee portfolio;
c) Periodic reporting of the guarantee portfolio;
d) the payment terms of the guarantees;
e) the term and manner of transfer of the value of the guarantees for which the grantor has requested the payment;
f) contractual liability;
g) causes of cessation of the Convention;
h) how to solve any litigation.
Chapter II Definitions
For the purpose of these rules, the terms and expressions below have the following meanings:
a) Program conditions eligibility criteria for beneficiaries and financiers, description, granting, monitoring and payment of the guarantee;
b) guarantees the commitment assumed by FNGCIMM, in the name and on behalf of the State, materialized in a guarantee contract, covering the loss incurred by the financier as a result of the credit risk;
c) Beneficiary - the natural person who meets the eligibility criteria stipulated in the present norms, as well as the financing rules of the financier, requesting and receiving financing from him, guaranteed by the FNGCIMM, on behalf of and for the state account, under the program;
d) financier-bank, including its territorial units (branches, agencies, etc.), which fulfills the eligibility criteria and grants a grant to a beneficiary under the program;
e) guaranteed credit financing of up to EUR 60,000 or the equivalent in ROL, granted under the program, excluding bank interest rates and commissions and other amounts owed by the beneficiary under the credit agreement;
f) unpaid, partial or total credit risk by the beneficiary of the guaranteed financing (the principal);
g) Convention on the implementation of the Framework Program program concluded between the Ministry of Public Finances and the FNGCIMM, comprising mainly the terms and conditions of the mandate granted to FNGCIMM and clauses on their rights and obligations regarding the granting, monitoring, reporting and execution of guarantees;
h) contract of guarantee for the contractual framework document concluded between the financier and the FNGCIMM, which includes mainly clauses on the rights and obligations of the parties, the granting, monitoring and execution of the guarantees;
i) contract of guarantee a contractual document concluded between the FNGCIMM, financier and beneficiary, specifying the specific conditions for granting and payment of a guarantee;
j) the balance of financing guaranteed the balance of the principal (exigibilla) financing date of the claim for payment of the guarantee;
k) the amount of the guarantee, the amount stated in the guarantee contract, the level of which covers the guaranteed financing balance (the principal), excluding bank interest and fees and other amounts owed by the beneficiary under the credit agreement;
l) the amount of execution of the guarantee the amount to be paid by the Ministry of Public Finance as a result of the credit risk, equal to the guaranteed financing balance;
m) the date of termination of FNGCIMM's liability in the name and on behalf of the State of the date on which FNGCIMM ceases its liability in the name and on behalf of the State, respectively:
1. the date of full reimbursement by the beneficiary of the guaranteed, early or anticipated financing; or
2. the date on which the Ministry of Public Finance pays the value of the guarantee execution;
n) the period of validity of the guarantee from the date of entry into force of the guarantee until the date of termination of the FNGCIMM's liability in the name and on behalf of the State;
o) unilateral lending promise document through which the financier expresses its willingness to grant a grant to a beneficiary who, at grant date, must comply with the eligibility criteria of the program. The document is valid for the building period, but not more than 18 months;
p) Guarantee promise document issued by FNGCIMM to the financier, through which FNGCIMM expresses its intention to guarantee the financing that will be granted to the beneficiaries by the grantor. The document is valid for the building period, but not more than 18 months.
Chapter III. Description of the warranty
The guarantee issued by FNGCIMM, in the name and on behalf of the State, has the following main characteristics:
a) it is irrevocable that the protection provider can not contractually reserve the right to unilaterally cancel the guarantee or to increase the effective cost of the guarantee, unless the protection buyer fails to pay the cost of the protection;
b) it is unconditional that the contract by which the protection is provided does not contain any clause on which the buyer of the protection does not have control, a clause which may exempt the guarantor from the obligation to pay within maximum 90 calendar days, if the principal does not pay maturity term / due payments;
c) it is clear that the protection provided by the guarantee is clearly linked to exposures that can be accurately identified or to a clearly defined exposure portfolio, so that the degree of coverage of the protection is clearly defined and can not be called into question;
d) it is direct;
e) it is payable at the first written request of the financier;
f) has a determined value, initially equal to the value resulting from the housing valuation report less the advance, without exceeding 60,000 euros or the equivalent in lei; the assessment report will be drawn up by an authorized evaluator, approved by the financier;
g) the amount is reduced by the principal (principal) reimbursed by the beneficiary;
h) covers only the principal, excluding interest and bank charges and other amounts owed by the beneficiary under the credit agreement.
The liability of FNGCIMM, on behalf and on behalf of the State, begins on the date of signing of the guarantee contract by the parties.
The guarantee is granted in euro or in the national currency and is paid in national currency, at the exchange rate communicated by the National Bank of Romania and valid on the date of payment.
The guarantee is granted on the basis of FNGCIMM's approvals.
The guarantee is guaranteed with the first mortgage on the dwelling acquired through the program, in favor of the Romanian state represented by the Ministry of Public Finance, valid for the entire duration of the financing, with the notation in the land book of the ban on sale for a period of 5 years and the ban with other tasks.
Chapter IV Granting and monitoring of the guarantee
(1) For the purpose of obtaining a guarantee, the funder shall submit the guarantee request to the FNGCIMM, after the approval of the financing by its competent bodies, under the condition of the suspension of the guarantee. The request is made under the guarantee agreement.
(2) The FNGCIMM shall analyze, according to its own regulations and the present norms, the guarantee request and, if it finds that it fulfills the conditions for granting, it communicates its decision to the financier and concludes the guarantee contract.
(3) The guarantee contract shall include, but not be limited to, the following:
a) the identity of the parties;
b) subject and duration of the contract;
c) the maximum amount of the guarantee in euro denominated in national currency or given in national currency;
d) value, manner of calculation and payment terms of the management fee owed by the financier;
e) content and deadlines for reporting the guaranteed financing situation;
f) conditions and term of payment of the guarantee;
g) other rights and obligations of the parties;
h) cases of non-fulfillment of the obligations;
i) how to resolve any litigation.
(4) FNGCIMM has the right to request additional information from the financier when the elements contained in the guarantee application and the documentation provided are not sufficient for the analysis.
FNGCIMM monitors approved warranties.
Monitoring is the set of actions taken during the period between the granting of the guarantee and the termination of its validity, actions consisting mainly of:
a) monitoring and verifying the fulfillment by the funder of all obligations assumed under the guarantee contract, at the terms and conditions stipulated by the latter;
b) periodically monitoring the state of the credit, based on the situations provided by the financier, according to the provisions of the guarantee contract.
The guarantee contract may be modified by an additional act, during the course of the contract, only if the modifications do not refer to the terms of the program.
Chapter VÂ Payment of the guarantee
(1) The grantor is entitled to the execution of the guarantee only if he has sent the application for payment within the validity period of the guarantee to FNGCIMM.
(2) The payment application shall be accompanied by the supporting documents provided in the guarantee contract.
FNGCIMM verifies the filing of the payment claim under the terms and conditions of the guarantee agreement and the guarantee contract.
Payment of the guarantee shall be made under the terms and conditions set out in the agreement on the implementation of the program, the guarantee agreement and the guarantee contract, within maximum 15 calendar days from the date of receipt by the FNGCIMM of the payment request, but not exceeding 90 of outstanding calendar days to pay by the beneficiary.
(1) The amounts guaranteed by FNGCIMM shall be paid to the financier by the Ministry of Public Finance from the state budget, through the budget of the Ministry of Public Finance for General Actions, and shall be recovered by forced execution by the competent bodies of the National Agency for Fiscal Administration from the beneficiaries of the financing guaranteed individuals, according to the legal regulations regarding the collection of tax receivables.
(2) After making the payment from par. (1), the Ministry of Public Finance informs FNGCIMM, which draws up a document that individualises the budgetary receivable resulting from the payment, denominated in the national currency, and the date of its maturity. The enrollment, together with the proof of its communication to the beneficiary beneficiary of the guaranteed financing, the guarantee contract, as well as the documents underlying the granting of the guarantee, shall be submitted to the competent bodies of the National Agency for Fiscal Administration in whose territorial area the fiscal debtor is the natural person , in order to carry out the forced execution procedure.
(3) Within 15 calendar days from the date of payment of the guarantee to the financier, FNGCIMM shall communicate the inscription provided in paragraph (2) and to the beneficiary beneficiary of the guaranteed financing.
(4) The communication referred to in paragraph (2) and (3) shall be made by post, by registered letter with proof of receipt or by other means ensuring the transmission of the documents and confirmation of their receipt.
(5) The procedures for submission of the documentation and the formular used shall be established by the convention on the implementation of the program.
(1) Under the enforceable title, the tax authorities shall proceed to the issuance and communication of the payment summons for the individual amounts in the document provided in art. 17 par. (2), the forced execution shall be carried out according to the provisions of the Government Ordinance no. 92/2003 regarding the Fiscal Procedure Code, republished, with subsequent amendments and completions.
(2) If the attachments established by the enforcement body generate special social consequences, the fiscal body may, at the request of the debtor and taking into account the reasons invoked by him, either the total temporary suspension or the partial temporary suspension of the forced execution by indemnity, according to the provisions of the Fiscal Procedure Code.
(1) For the application of art. 60 of the Government Ordinance no. 92/2003, republished, as subsequently amended and supplemented, the National Agency for Cadastre and Real Estate Publicity, as well as the local public administration authorities will ensure the transmission to the tax authorities of the National Agency for Fiscal Administration of the updated information in the land books and respectively in the real estate database and mobile assets, or will ensure that this information is obtained online.
(2) The manner and the conditions for transmitting the information provided in par. (1) shall be established by joint order of the Minister of Public Finance and of the Minister of Administration and Interior, within 15 calendar days from the date of publication in the Official Gazette of Romania, Part I, of these norms.
Chapter VI The Promise of Guarantee
In the case of the purchase of a dwelling to be built or a red building, the beneficiary will submit a financing request to the financier, accompanied by the pre-sale agreement of the dwelling or the building contract concluded with a construction company. The grantor, following the determination of the applicant's eligibility criteria for compliance with the specific conditions set out in its internal rules, issues a unilateral lending promise, subject to a promise of guarantee.
At the request of the grantor, under the guarantee agreement, FNGCIMM issues the promise of guarantee.
Prior to the expiration of the validity of the unilateral lending promise, the beneficiary presents to the financier the documents resulting from the completion of the dwelling. If at this date the financier finds that the beneficiary fulfills the program's criteria, he / she approves the financing provided the FNGCIMM guarantees are obtained.
In order to obtain the FNGCIMM guarantee, proceed according to chapter. IV.
Chapter VII Final Provisions
In applying these norms, the convention on the implementation of the Schedule and the Guarantee Convention shall be approved by common order of the Minister of Public Finance and the Minister of Small and Medium-Sized Enterprises, Trade and Business Environment, within 15 calendar days from the date of publication in the Official Gazette of Romania, Part I, of these norms.
(1) Within 7 calendar days from the date of publication in the Official Gazette of Romania, Part I of these Rules, the financiers shall send the FNGCIMM and the Ministry of Public Finance the level of the total costs they will apply to the program financing, as they are provided in art. 2 lit. b) of Annex no. 2, as well as the estimated value of the financing to be guaranteed and the promise of guarantee that will be required in 2009 under the program.
(2) If the total amount of the financing communicated by the financiers exceeds the ceiling stipulated in art. 3 par. (2) and (3), FNGCIMM is authorized, with the prior approval of the Ministry of Public Finance, to make pro-rata allocations within it.
(3) The FNGCIMM is authorized to assess, at regular 3-month intervals, the use by the financiers of the allocated ceiling and reallocations between financiers depending on the degree of utilization of the allocated ceilings.