7. Acţiune în constatarea nulităţii absolute. Încălcarea dispoziţiilor art. 5 alin. (1) din O.U.G. nr. 99/2006. Consecinţe
7. Action for the declaration of absolute nullity. Breach of the provisions of art. 5 para. (1) of the Government Emergency Ordinance no. 99/2006. Consequences

Summary/Abstract: According to the provisions of art. 5 para. (1) of the Government Emergency Ordinance no. 99/2006, any natural person, legal entity or entity without legal personality, not being a credit institution, is forbidden to engage in an activity of collection of deposits or of other reimbursable funds from the public or in an activity of collection and/or management of amounts of money obtained from the contributions of the members of certain groups of persons made up for the purpose of accumulating collective funds and of granting any credits/loans of the funds built up in this way for the purchase of goods and/or services to their members. The rules of procedure, the request for accession and the certificate of participation in any groups of natural persons built up upon a company initiative, which is not a credit institution, for the purpose of accumulating collective funds and of granting any loans of these funds for the purchase of certain goods by the group members, breach the provisions of art. 5 para. (1) of the Government Emergency Ordinance no. 99/2006, and the solution of declaring the absolute nullity for tort as of their conclusion and operationalizing, is correct.

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