2019
Doru TRĂILĂ, Assoc. Professor, Mircea DUB, PhD Student, Faculty of Law, University of Bucharest, Does the institution of installment sale and reservation of property construe a crediting activity?
DOI: https://www.doi.org/10.31178/AUBD.2019.02
Abstract: One cannot offer a universally available
solution with respect to the interpretation as a crediting activity of any
given sales contract with the payment of the price in installments and
reservation of property. The solution offered by the National Bank of Romania
[as the only authority able to decide with respect to the crediting nature of
an entity’s activity falling under Law no. 93/2009, article 3 paragraph (1)],
following the analysis of each individual case by filtering the criteria
explicitly set by the legislator through the provisions of art. 3 of Law no.
93/2009 parag. (2) final thesis – is their pursuit as stand-alone economic
activities, aimed at obtaining regular income, as well as boasting the
existence of internal structures specialized in crediting that manage and
analyze these activities separately on the basis of predefined rules and by
taking into account crediting activities when designing the company's budget or
making forecasts regarding the overall activity of the company, which will be
the subject of this analysis.
Keywords: crediting activity, remuneration interest, installment sale, banking institution, non-banking financial institution
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