Leasing companies demand treatment equal with the State in the justice and simplification of forced execution

Publish date: 28-08-2009
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The leasing companies demand the application of an equal treatment with the State with regard to forced execution of goods or the simplification of this procedure, because the Constitutional Court decision favours and helps bad payer debtors, the Secretary General of the Financial Companies Association - ALB told NewsIn.

In May, the Constitutional Court modified the procedure of forced execution for the clients of the private economic operators who are bad payers, introducing the obligation to obtain the consent of a judge to begin the execution of the goods.

"The mentioned procedure does not apply to the National Agency for Fiscal Administration (ANAF), in its capacity as economic operator, which can proceed directly to execution, without court order," said the ALB Secretary General, Adriana Ahciarliu. She says that the application of the procedure for ANAF in a different way than for a private company creates double standards that do not comply with the principles of free market competition.

The ALB intends to request in Parliament this fall, to annul this decision for private companies or "to impose an emergency procedure to allow judicial consent within 3 days." Ahciarliu said that, at present, the goods are recovered several months later, during which period the non-bank financial institutions (IFN), a category that also includes the leasing companies, must constitute provisions.

"Constituting provisions means additional costs, which in this year of financial crisis put the shareholders of the financial institutions in the compulsory situation to increase the level of their own funds," the Secretary General of ALB Romania also said. Ahciarliu points out that, upon resiliation of the contract between the two parties, the user can declare loss on property, in order to fraud the financer.

"This loss turns against the financer, who is obliged to return the VAT on the stolen property to the tax authorities," said the Secretary General of ALB Romania. ALB represents 98% of the total leasing companies in Romania and over 60% of the consumer credit companies.

Curierul National

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