Page 165 - Carte Falimentul BIR

"By corroborating the two normative texts, the following aspects are relevant: in
the event of the occurrence of one of the situations provided for in Article 36 (5)
of Law No. 101/1998, the First Deputy Governor of the National Bank of
Romania replaces the governor, and it cannot be considered that during this
period, the first deputy governor of the National Bank of Romania was appointed
as governor of this institution, because there was no act of appointment in the
respective position, published in the Official Gazette of Romania, fact confirmed
by the address 2203/ 17.06.2002 of the Autonomous Registry "Official Gazette"
.

As a conclusion, according to the provisions of the Autonomous Registry
"Official Gazette" and the Legislative Council, Mr. Emil Iota Ghizari was never
invested by the Parliament as governor of the National Bank of Romania, based
on the provisions of art. 34 point 3 of the Law no. 101 regarding the BNR Statute.

According to the provisions of art. 83 par. 3 Civil Procedure Code, the legal
representative is compelled to prove his quality, but in this case, Mr. Emil Iota
Ghizari did not and could not do this, which is why the aforementioned request
of the BNR is nullified.

2. In addition to the provisions of the Code of Civil Procedure, Art. 30 of the
Law no. 64/1995 and art. 18 of GEO no. 186/1999 provide that:

"After filing an application, the Chairman of the Court will immediately nominate
the syndic judge”, according to art. 8,

and art. 8 of the cited law states that

"the syndic judge is nominated, for each case, by the Chairman of the Court”,

the same regulation being found in Art. 3 par. 2 of GEO no. 186/1999 amending
and completing Law no. 83/1998 which provides that:

"The syndic judge shall be nominated, in each case, by the Chairman of the Court
..."

As an incredible but true fact: the request filed by the National Bank of Romania
regarding the bankruptcy of BIR was not registered in the General Ledger of the
Bucharest Court, on the respective file being glued a small strip of paper on which
it was holographic written the stamp nr. "5615/12.03.2000", without mentioning
at the special heading, any number of the respective document or the body that
th
transmitted it, any number of the BNR's request, (on March 12 2000, there
wasn’t even issued any request of BNR regarding the bankruptcy of BIR, the
th
BNR's document being dated – June 29 2000).On the page of the General Ledger
it is obviously visible: the existence of the bondage of the sheet of paper that was

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