Conferinţa Naţională ALB Joi, 19 octombrie 2006 A new Sort of Public Private Partnership: Leasing Agreements with Public Institutions Matei Florea

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

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

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

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

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

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

Thank you for your attention! SCHOENHERR ŞI ASOCIAŢII SCA ATTORNEYS AT LAW / RECHTSANWÄLTE 30 Dacia Blvd, 4th Floor, Sector 1, Bucharest T: ; F: ; E: