Members Discipline Department

LOCAL DISCIPLINARY COURTS

ACCORDING TO THE STATUTORY PROVISIONS: 

Art. 61

(1) The local disciplinary courts of UNPIR operate in the localities in which the courts of appeal develop their activity.

(2) The local disciplinary courts analyze and settle the complaints formulated against the practicians in insolvency – members of the branches that develop their activity in the area of the courts belonging to the respective court of appeal.

(3) The local disciplinary courts are made of 7 titular members (a president and 6 members) appointed by the general assembly of the branches, by ballot vote, for a period of 4 years, among the compatible definitive and practician members in insolvency who enjoy a remarkable professional authority and morals. The mandate may be renewed.

Art. 62

(1) The appointment of the persons for the position of member of the local disciplinary court by UNPIR branches is made among the compatible practician members in insolvency that enjoy an outstanding professional authority and morals based on the number of members affiliated to each branch reported to the total number of practicians assigned to the local disciplinary court.

(2) When calculating the number of members chosen it shall be taken into account the rounding of the percentage in addition for the interval 1,5-1,9 and in minus for the interval 1,1-1,4. In case that according to this calculation it results a number bigger than 7 members of the court, it shall be taken into account the second decimal of the figure calculated according to align. (1).

(3) The General Secretariat of UNPIR is responsible for the application of the calculation formula regarding the assignment of the members of the local disciplinary court.

(4) As an exception from the provisions of align. (2), the management of UNPIR branch may decide the assignment of a titular member in the local disciplinary court to another county/another branch assigned to the same local disciplinary court.

Art. 63

(1) The local disciplinary courts have the following attributions:

a) analyzes the disciplinary offences stated by the Governmental Emergency Ordinance and Articles of Association, according to the competences given by the present Articles of Association;

b) assures the application of the measures stated at art. 46, align. (2), letter a) and d);

c) settles in first instance and in panel of 3 members the disciplinary offences committed by the members assigned and applies the sanctions stated at art. 74, align. (1) from the Governmental Emergency Ordinance, according to the limits established in the present Articles of Association;

d) Communicates to the general Secretariat of the Union the sanctions applied according to art. 74, align. (1) from the Governmental Emergency Ordinance and the present Articles of Association.

(2) The decisions of the local disciplinary court are definitive and enforceable. The execution may be suspended, at request, by decision of the higher disciplinary court.

(3) The appeals against the decisions of the local disciplinary court are submitted to the local disciplinary court which decided the disciplinary decision, in term of 15 days since the communication of the decision, under the sanction of forfeiture and is settled by the higher disciplinary court.

(4) There are excepted from the provisions of align. (1), letter b) the titular members of the Managing Board of the branch, as well as the titular members of the local disciplinary court, whose disciplinary offences are judged in the first instance of the higher disciplinary court, in the panel of 3 members.

 

 

ANNEX no. 3

REGULATION regarding the disciplinary procedure

  

CHAPTER 1: General dispositions

Art. 1

(1) The protection of the honor and prestige of the profession, the compliance of the Governmental Emergency Ordinance no. 86/2006 regarding the organization of the activity of the practicians in insolvency, republished, with the ulterior modifications and completions, hereafter named O.U.G., of the Articles of Association regarding the organization and exercising of the profession of practician in insolvency and the compulsory decisions of the bodies of the profession are entrusted to the bodies constituted according to the legal dispositions.

(2) The deed committed by a member of the National Union of Practicians in Insolvency from Romania (Union), through which there are violated the dispositions of the O.U.G., of the Articles of Association regarding the organization and exercising the profession of practician in insolvency, the compulsory decisions of the bodies of the profession, and that could not prejudice the honor or prestige of the profession or the body of the practicians in insolvency, constitutes a disciplinary offence and is sanctioned.

(3) It is a severe disciplinary offence the break of the dispositions of the O.U.G. and of the Articles of Association regarding the organization and exercising the profession of practician in insolvency which expressly state such a qualification.

Art. 2

(1) The disciplinary liability of the member of the Union does not exclude the civil, penal, contraventional or administrative liability.

(2) The disciplinary action may be exercised in a term of at least one year since the date of committing the offence.

(3) The repeating of a disciplinary offence constitutes a severe circumstance which shall be taken into account when applying the sanction.

Art. 3

The disciplinary courts of the Union are liable to keep the record of the disciplinary sanctions applied to each member of it and to communicate the disciplinary situation of the practician, at the request of the bodies of the profession, constituted according to the law.

Art. 4

The disciplinary courts are:

a) Local disciplinary court;

b) Higher disciplinary court;

c) National managing council of the Union;

d) Congress of the Union.

 

CHAPTER 2: Organizing and functioning of the disciplinary courts

Art. 5

(1) In the localities in which the courts of appeal develop their activity, it is organized and functions a local court of discipline. The local disciplinary court is assigned the branches whose members develop the activity in the area of the courts belonging to the respective courts of appeal.

(2) The local disciplinary court is made of 7 members, a president and 6 members appointed based on the criteria established in the Articles of Association.

(3) The local disciplinary courts together with the assigned branches of UNPIR are:

No.

Local disciplinary court

Counties assigned

1.

Alba

Alba

Hunedoara

Sibiu

2.

Bacău

Bacău

Neamţ

3.

Braşov

Braşov

Covasna

4.

Bucharest

Bucureşti

Ilfov

Ialomiţa

Călăraşi

Teleorman

Giurgiu

5.

Cluj

Cluj

Bistriţa-Năsăud

Maramureş

Sălaj

6.

Constanţa

Constanţa

Tulcea

7.

Craiova

Dolj

Gorj

Mehedinţi

Olt

8.

Galaţi

Galaţi

Brăila

Vrancea

9.

Iaşi

Iaşi

Vaslui

10.

Oradea

Bihor

Satu Mare

11.

Piteşti

Argeş

Vâlcea

12.

Ploieşti

Prahova

Buzău

Dâmboviţa

13.

Suceava

Suceava

Botoşani

14.

Timişoara

Timiş

Arad

Caraş-Severin

15.

Târgu Mureş

Mureş

Harghita

(4) In the event in which a new branch UNPIR is established, together with the approval of the National Managing Council regarding the establishment of the branch it shall be disposed its assignment to a local disciplinary court.

Art. 6

(1) The local and/or higher disciplinary court, after case, as well as the National Managing Council of the Union, respectively the Congress of the Union, when they function as disciplinary courts, are coordinated by a president appointed by and among the members of the local and/or higher disciplinary courts, after case, or de jure, by the President of the Union, in case of the National Managing Council of the Union, respectively the Congress of the Union.

(2) The local and/or higher disciplinary court, after case, as well as the National Managing Council of the Union, respectively the Congress of the Union, when they function as disciplinary courts, shall appoint a rapporteur who also acts as a clerk, capacity in which he keeps the records and draws up the works necessary for developing the activities of the courts, under the guidance of the president.

(3) The president is in charge of establishing the local and/or higher disciplinary court of the Union, scheduling the meetings, organizing the records and administrative activities.

Art. 7

The local disciplinary court settles, in the first instance, in a panel of 3 members, the disciplinary offences committed by the members of the Union enrolled in the branches assigned to it in the jurisdiction of the related court of appeal, except for the offences committed by the titular members of the local disciplinary court or members of the managing board of the branch.

Art. 8

The higher disciplinary court:

a) settles as court of first instance, in a panel of 3 members, the offences of the members of the local disciplinary courts, as well as of the members of the managing councils of the branch;

b) settles, in a panel of 3 members, the disciplinary complaints formulated against the members of the National Managing Council;

c) settles in appeal,  in a panel of 3 members, the appeals declared by the party interested against the decisions pronounced by the local disciplinary courts;

d) suspends, at request, the execution of the disciplinary decisions pronounced by the local disciplinary courts;

e) settles the claims for changing the venue regarding the settling of the disciplinary complaints or any other measures necessary for the course of professional justice.

Art. 9

The higher disciplinary court makes proposals for the sanctioning disciplinary sanction of the members of the National Managing Council of UNPIR, which are submitted to the approval of the Congress of the Union.

Art. 10

The National Managing Council of the Union, constituted as disciplinary court, in its plenum, with the vote of the majority of the members present:

a) settles the disciplinary complaints formulated against the members of the higher disciplinary court, following to be submitted to the decision of the Congress of the Union;

b) settles the appeals formulated against the disciplinary decisions pronounced by the higher disciplinary court regarding the complaints formulated against the titular members of the managing councils and of the local disciplinary courts;

c) suspends, at request, the execution of the disciplinary decisions pronounced by the higher disciplinary court against the titular members of managing councils and of the local disciplinary court.

Art. 11

The Congress of the Union, in its plenum, based on the proposals formulated by the competent disciplinary court, decides the disciplinary sanction of the members of the National Managing Council of the Union, as well as of the higher disciplinary court.

Art. 12

(1) The member of the disciplinary court that knows that there is a reason for recusation against him/her or has a conflict of interests with any of the parties must refrain from settling the case.

(2) The member of the disciplinary court that was assigned as legal administrator or liquidator, lawyer, legal adviser, chartered account, evaluator, financial auditor, censor, arbitrator, mediator, conciliator, financial expert of a party in a file, cannot take part in steeling the case of a member of the local disciplinary court, unless it passed a period of minimum 2 years.

(3) The husband (wife), a relative or in - law up to third degree was appointed legal administrator/liquidator or was a party within the procedure in which was committed the case submitted to analysis cannot take part in settling the complaint of the member of the disciplinary court, unless it passed a period of minimum 2 years.

 (4) The provisions of the align. (2) are extended on the associates/shareholders, employees or collaborators of the professional company of insolvency in which the member of the disciplinary court develops his/her activity.

Art. 13

(1) When one of the parties has two relatives or in-laws up to third degree inclusively among the members of the local disciplinary court, the other party may request the change of the venue of the disciplinary intimation.

(2) The change of the venue of the case may be requested for reasons of legitimate assumption. The assumption is considered legitimate whenever it may be assumed that the impartiality of the members of the disciplinary commission could be broken because if the conflict of interests, circumstances of the case, capacity of the parties or local conflicts.

(3) The change of the venue may be disposed for the impossibility of constituting the panel for the analysis of the disciplinary complaint.

(4) The request for the change of the venue is submitted at the higher disciplinary court.

(5) In case of granting, the settlement of the disciplinary intimation is submitted to another local disciplinary court of the same degree.

(6) The decision for the change of the venue is given without explanatory statement and is not submitted to any remedy at law.

Art. 14

The local disciplinary court shall never exist with a number less than 3 members. If, due to refrain or from other reasons, the local disciplinary court shall have to settle the case with a  number less than 3 members, the president shall convoke another member.

Art. 15

In the interval between the date of formulating the proposals for sanctioning some members of the National Managing Council of the Union and of the higher disciplinary court, respectively, and the date of gathering the first Congress of the Union, the persons in question are suspended from their position, their place being taken by one of the alternate member of the respective body.

 

CHAPTER XIV: Offences and sanctions

Art. 121

There are considered offences the following actions:

1.  fulfillment of activities specific to the profession for persons with contrary interests;

2. disclosure of the trade secret, except for the cases expressly stated by law;

3. failure to comply with the liability for the insurance of professional liability, stated at art. 42, align. (8) from O.U.G.;

4. failure to pay the insurance premium stated at art. 42, align. (9) from O.U.G. regarding the failure to comply with the liability of professional insurance until the expiry of the suspension period;

5. the violation of the fundamental principles of professional ethics, defined by the Code of professional and disciplinary ethics of the Union;

6. the development of political activities within the Union and on the occasion of the manifestations organized by it;

7. lack to attend of the members of the Congress of the Union, without sound reasons, two consecutive congresses, at which they were delegated;

8. lack to attend of the members of the branch, without sound reasons, two successive general assemblies at which they were convoked;

9. failure to pay the annual fees and the contribution according to tranches of incomes based on the conditions of art. 44, align. (2) from O.U.G.;

10. failure to pay the annual fees and the contribution according to tranches of incomes r only one of them, until the expiry of the suspension period of 3 months;

11. improper declaring of the incomes earned as a result of developing the activity of practician in insolvency and implicitly the payment of an annual contribution according to the tranches of incomes which are not in conformity with reality;

12. failure to communicate, in term of 30 days the changes occurred related to the data recorded in the Board of UNPIR and in the Registry of the forms of organization;

13. being in one of the situations of indignity stated at  art. 25 from O.U.G.;

14. opening against the practician in insolvency, by irrevocable decision of the bankruptcy procedure;

15. failure to calculate and transfer, in the first 25 days of the month for the collections from the previous month, of the percentage of 2% stated by art. 4 from Law no. 85/2005 and art. 39 from Law no. 85/2014, with the ulterior modifications and completions, from the amounts recovered within the insolvency procedures;

16. starting by the practician in insolvency of some measures of forced execution on the liquidation fund;

17. exercising by the incompatible practician in insolvency of any of the activities stated at art. 11 from O.U.G. under the competence of the compatible practicians in insolvency;

18. the request of deduction, from the liquidation fund of a fee bigger than the own financial offer based on which it was assigned in a procedure according to art. 57, align. (2) or (3) from Law no. 85/2014, with the ulterior modifications and completions, represents the violation of the principles from the Code of ethical conduct;

19. failure to comply with the liability regarding the filling in of the application forms, as well as the statistical data stated at art. 21, letter h) and l) from the present Articles of Association;

20. failure to pay the annual fees and the contribution according to tranches of incomes based on the conditions of art. 101, align. (7);

21. lack of cooperation of the associates, coordinators or practicians on the conditions of art 98, align. (7);

22. failure to comply with any liability, not stated above, expressly stated by O.U.G. and the present Articles of Association.

Art. 122

It is sanctioned with written warning the actions described at art. 121, item 1 and 6.

Art. 123

There are sanctioned with the suspension of the capacity of practician in insolvency for a period between 3 months and one year the actions stated at art. 121, item 2, 3, 5, 9, 15, 18, 20 and 21.

Art. 124

(1) The actions stated at art. 121, item 7, 8, 12, 19 and 22 are sanctioned pecuniary with the fine.

(2) The quantum of fines is established between lei 1.000 and lei 5.000. the amounts obtained from the pecuniary sanctions are considered income at the budget at the branch or Union, after case.

(3) Failure to pay the fee in term of 30 days since the date of application the sanction leads to the definitive exclusion from the Union.

Art. 125

(1) The member of the Union sanctioned with the suspension of the capacity of practician in insolvency has the following interdictions during the suspension:

a) cannot act as practician in insolvency;

b) does not have the right to vote in the general assembly of the branch and cannot attend the Congress of the Union;

c) cannot be appointed in the managing bodies of the branch or Union;

d) cannot represent the branch or Union.

(2) The members of the Union sanctioned with the suspension of the capacity of practician in insolvency are liable in term of 10 days since the definitive decision for suspension to present at the management of the branch the proof that they requested their replacement with another practician in insolvency during the suspension.

(3) If the suspension regards one of the members of the managing bodies chosen of the Union or of the branches, he/she shall be replaced for the suspension period by one of the alternate members of the respective managing body.

(4) The failure to communicate the proof for replacing with another practician in the term stated at align. (2) is sanctioned with the definitive exclusion from the Union, accompanied with the loss of capacity of practician in insolvency.

Art. 126

The committing of a new disciplinary offence for which it can be applied the sanction of suspension, in the period of rehabilitation of one year, having in view the lack to correct the behavior, it shall be considered severe and shall lead to the direct application of the sanction of exclusion.

Art. 127

(1) It is sanctioned pecuniary with the fine, which transforms into income at the budget of the Union the action stated at art. 121, item 11.

(2) The fee is equal with the amount unpaid to the Union according to the real incomes earned.

Art. 128

It is sanctioned with definitive exclusion from the Union, accompanied with the loss of capacity of practician in insolvency, the actions stated at art. 121, item 4, 10, 13, 14, 16 and 17.

Art. 129

The sanction of definitive exclusion from the Union determines the deregistration form the Board of UNPIR and loss of capacity of practician in insolvency.

Art. 130

(1) The members of the disciplinary courts cannot be held responsible for the decisions of sanctioning adopted, unless it is proved that they exercised their commission in bad faith or severe negligence.

(2) The regulation regarding the disciplinary procedure is stated in annex no. 3.

 

CONTACT DATA

National Union of Practicians in 
Insolvency from Romania - Constanta Branch
Address: 21 Ferdinand Ave., ground floor, ap.2, Constanta – Romania, Post Code 900721

Sole Registration number  12865421 

Tel./Fax: 0241-612.110

B.C.R. Constanta - current account

RO56RNCB0114032047750001

Liquidation Fund  - B.C.R. Constanta

RO02RNCB0114032047750003

E-mail: unpir_constanta@yahoo.com 

CONTACT PERSONS

Sdic Irina Laura – 0744/311.502

RAPPORTEUR OF THE LOCAL DISCIPLINARY COURT CONSTANTA:

Popoaca Felicia

PRESIDENT OF THE LOCAL DISCIPLINARY COURT: 

Vladu Vera