A. Termination of the Framework Agreement Art.39. One-sided denunciation
39.1. Both the Bank and the Client can one-sidedly end their business relationship if another contract between parties stipulates otherwise.
39.2. Customer may terminate this agreement at any time, by written notice to the Bank 30 days before termination.
39.3. The Client’s one-sided denunciation of the Framework Agreement concluded for an indefinite period of time is done free of charge for the Client at the end of 12 months from the opening date of the account.
39.4. The Bank, even if a contract stipulates otherwise, is entitled to end the business relationship at any time by, one-sided denunciation, having sent a prior written notification to the Client (to the last address communicated by the Client) two months before the cease date.
Art.40. Dormant accounts
In case that no movement is registered on the account during the last 6 months these accounts shall be considered dormant and shall be monitored in order to be closed as follows:
In case the account holder does not record any operation, except for fees and commissions taken by the Bank, in its account opened with one of the Bank's branches in the last six months and the following conditions are met:
Corporate clients account balance must be 0 or less than 3 EUR (or equivalent). These amounts will be charged according to Tariffs and Commissions Bank's list as account closing fees.
Individuals customer account balance must be 0. For individuals the Bank will not charge any fees for closing accounts.
The Customer is not registered with loan granted by the Bank.
Client does not appear as a loan guarantor for another customer.
The customer does not have check issued by the Bank.
It is mandatory that before closing, the customer to be notified two months before through a letter. The account will be closed only if the customer does not respond within two months specified above, changed address and therefore can not be reached by any other means and conditions listed above are met. Bank may, at its sole discretion, to proceed to closing the account, even if one or more of the above mentioned conditions are not met.
Art.41. Contract Termination
The Bank has the right to terminate the contract of his own initiative without notice, but with subsequent information, based on fundamental reasons, including, without limitation, however:
41.1. Client supplied incorrect information to open an account and during the development of business relationships.
41.2. Financial situation deteriorates substantially or is seriously threatened so fulfilling the client's obligations to Bank is in danger due the occurrence of this situation.
41.3. In case after opening an account problems related to verifying the identity of the beneficiary and / or source of funds appear, which can not be solved.
41.4. If there is a Bank's doubt that the transactions made/in progress/ordered by the Customer aimed to at money laundering and/or financing of terrorism/fraud, or that could affect legally, financially and reputational the Bank.
41.5. In the situation in which, according to the Bank, the customer presents reputational risk.
41.6 Misunderstandings between managers, between partners / shareholders, regarding the rights of representation and persons authorized to represent the company in relation with Bank.
41.7. If the customer does not provide additional warranties or to increase value of offered guarantees.
41.8 If the consultation carried out by the Bank at ReCom, the Customer appears to be removed from the register of commerce and the conclusion of removal was not appealed within the time stipulated by law or has been maintained after the appeal.
41.9. The Customer made major payments incidents with checks and promissory notes.
41.10. if the customer get in a situation of default against the bank or if violated or violate the law in force.
41.11. The Customer does not comply with its obligations under Framework Agreement or any other agreement concluded with the Bank.
Until the actual closing of the account, customer will take the necessary steps to transfer the existing amounts in his accounts or withdraw in cash.
42.1. To close relationship with the customer, the Bank must submit to it, a written request in this respect, signed by the account holder or its authorized representatives.
42.2. The account closing after the Customer's request will be made only after the payment by him of any amounts owed to the Bank.
42.3. Customer may not require closing the account if the account is blocked under the provisions of law.
C. Representations and Warranties
Art.43. At the agreement date of a transaction and at other dates (if any) as specified by the documents relating to the relevant transaction the Customer declares and warrants to the Bank that:
43.1. if the Customer is a corporation, is validly existing under the law of its place of incorporation and is allowed to enter into the relevant transaction and to perform its obligations thereto;
43.2. the terms of the relevant transaction are legal obligations, valid and binding on the Customer, and applicable according to their conditions;
43.3. the signature of the documents related to the relevant transaction and the fulfilment of the relevant conditions by the Customer does neither exceed any power as set by law, nor violate any legal provision to which The Customer is subject, its constitution or any mortgage, charge, deed, contract or other undertaking or instrument to which it is party or which is binding upon it or any of its assets;
43.4. no approvals, authorisations, licenses or consents and filings or registrations or other acts or things are needed in connection with the relevant transactions;
43.5. at the date of the relevant transaction the Customer is not subject to any Bankruptcy or insolvency proceedings and is not a party in any litigation whose outcome could materially and adversely affect its ability to perform its obligations under any transaction with the Bank.
D. Default remedies Art.44. Relevant events
The Bank has the right (but not the obligation), without notice to the Customer, to take any actions as per the provisions of Art.45 hereunder at any time at the occurrence of any of the following:
44.1. The Customer fails to make any payment to the Bank on the due date;
or
44.2. The Bank has determined, at its sole discretion, that the Customer has not performed, or may not be able or willing in the future to perform, any of its obligations to the Bank;
or
44.3. It is illegal either for the Bank or for the Customer to be a party to the relevant transaction or the Bank reasonably believes that it will become illegal for the Bank or the Customer to be a part of the relevant transaction;
or
44.4. the Customer has provided inaccurate information to the Bank in connection with the relevant transaction;
or
44.5. the Customer has made incorrect statements on its juridical and/or financial standing and the said standing is of significant importance for the Bank's decision or if a substantial deterioration occurs or threatens to occur related to the Customer financial standing, jeopardizing either the fulfilment of its obligations or is in breach of or in default under any agreement or other obligation towards the Bank;
or
44.6. any statement made by the Customer to the Bank proves to be incorrect at the time it has been made or deemed to be made;
Or
44.7. The juridical and/or financial standing of the Customer has changed compared to the date of the Customer’s presentation and the bank considers that these changes could adversely affect the Customer’s material ability to perform the obligations assumed towards the Bank;
Art.45. Bank’s Action
The actions referred to in the Article 44 above-mentioned are as follows:
45.1. accelerate the reimbursement of any loan made to the Customer under a relevant transaction;
and/or
45.2. cancellation of any obligation of the Bank to continue to make loans or provide other facilities to the Customer;
45.3. request of a cash collateral at least equal to the amount of any contingent liabilities of the Customer to the Bank which have to be reimbursed by the Customer to the Bank immediately;
and/or
45.4. debit of any current account(s) of the Customer, with the outstanding amounts due to the Bank in the relevant currency or, at the Bank’s option, the equivalent amount (at sell/buy exchange rate as determined by the Bank) in any other currency;
and/or
45.5. off-set of any outstanding obligation of the Customer to the Bank by any credit balance of any current account of the Customer;
and/or
45.6. set-off and combination of any account of the Customer opened in the books of the Bank, notwithstanding a possible time deposit still outstanding;
and/or
45.7. set-off of an obligation of the Customer to the Bank through an obligation of the Bank to the Customer;
and/or
45.8. selling of the funds, securities or other assets held by the Bank (or entitled to receive) on behalf of the Customer as the Bank may at its sole discretion select in order to gather the needed funds to the full discharge of any outstanding obligation of the Customer toward the Bank;
and/or
45.9. cancellation of any outstanding instructions and/or transaction;
and/or
45.10. exercise any right of enforcement of any mortgage, pledge, assignment or other security;
and/or
45.11. Cancellation of any instruction or transaction, at the time and in the manner as considered appropriate by the Bank (at its sole discretion) to avoid any possible loss as a result of an undertaking of the Bank or as a consequence of an already assumed commitment of the Bank toward a third party.
Art. 46. Outstanding obligation
Any reference in this document to “outstanding obligation” or “outstanding amount” of the Customer toward the Bank includes but not limited to all existing, future and contingent liabilities of the Customer to the Bank and any loss, liability, costs, charges and expenses which the Bank may have incurred as a result of the exercise of any of its rights under these conditions or the ones outlined in any other agreement between the Customer and the Bank.
Art. 47. Customer acceptance and authorisation
The Customer hereby irrevocable accepts and accordingly authorises the Bank to exercise its rights as described in the present Framework Agreement.
Art.48. Additional assurance
48.1. Unless otherwise agreed and in order to secure the Bank’s claims, the Customer hereby agrees to establish a pledge on all its securities and other assets, which may come into the possession of the Bank.
48.2. Without prejudice to the authorization given by the Customer to the Bank, the Client agrees to sign on request any instruments and/or documents that the Bank may ask for the fulfilment of its rights and to fulfil any request deemed necessary by the Bank in connection therewith.
Art. 49. Default interest
In addition, if the Customer fails to reimburse the Bank with an amount due, the Customer has to pay, on demand, a penalty interest on the due amount from the date since the payment became due until the actual payment date, according to the loan agreements provisions.
Art.50. Currency indemnity
If the Bank receives (or recovers) an amount related to an obligation of the Customer under an agreement, or if such an obligation is expressed as a claim, proof, judge order, in a currency other than the currency (the “contractual currency”) of the claim/obligation, then:
any loss of the Bank as a result of such conversion becomes a separate obligation of the Customer to be covered;
if the amount received (or recovered) by the Bank, when converted into the contractual currency at the sell or buy rate of the Bank is less than the amount owed in the contractual currency, the Customer has the obligation to compensate the Bank with the difference.
Art. 51. Other indemnities
The Customer has to indemnify the Bank for any loss or expense incurred to the Bank as a result of any breach by the Customer of the terms of any relevant transaction or the exercise of any right of the Bank as a result of such breach, or the enforcement of any security held by the Bank.
E. Miscellaneous Art. 52. Assignment of Framework Agreement
52.1. Borrower. The Customer may not assign or transfer any of its rights or obligations under any relevant transaction with the Bank.
52.2. Bank. The Bank may at any time assign all or any part of the Bank’s rights and under a relevant transaction to any person.
Art. 53. Payments to be made in full
All payments of the Customer under any relevant transaction has to be made in full without set-off or counterclaim and free and clear of any deduction or withholding for or on the account of any taxes unless the Customer is required by the applicable law to make any withholding or deduction from any such payment for or on account of any taxes. In such event, the Customer will promptly notify the Bank, pay any additional amount as necessary to ensure that the Bank receives the amount which it would have received if there had been no such deduction, promptly pay the tax deducted to the appropriate tax authority before any fine or penalty becomes due and payable and indemnify the Bank with any amount paid by the later on behalf of the Customer.
Art. 54. Delay
The rights of the Bank in respect of any relevant transaction cannot be prejudiced by any delay in exercising them or by any other action done or omitted by the Bank which, in the event of such clause missing, it neither might have been deemed as a waive of such rights nor the exercise of any such right preclude any further exercise of such right or any other right.
Art.55. Separability
Each of the provisions of this document and any other document related to a relevant transaction is separable and distinct one from the other and if, at any time, one or more of such provision is invalid, illegal or inapplicable, the validity, legality and applicability of the remaining provisions cannot be in any way affected or impaired.
Art.56. Cumulative rights
All rights of the Bank are cumulative and any express right conferred on the Bank under this document or any other document related to a relevant transaction may be exercised without prejudice or limitation by any other express or implied right of the Bank.
F. Advices Art. 57. Method of giving notices
Any demand for payment or any other request, advice, approval or communication made or given to the Customer under or in connection with either this document or any relevant transaction (a “communication”) may be:
sent by mail or left at the address whereby the Customer carries on its business, or the address shown on the letterhead of the Customer, or the address shown on a document related to a relevant transaction and is deemed to be received by the Customer either at the time it has been left at such an address, or two days after the mailing;
or
sent by fax or to any fax or telex number as shown in the current letterhead or any other document of the Customer and is deemed to be received by the Customer either at the date of the fax confirmation report or the answer-back code at the end of the telex transmission.
transmitted by e-mail at the address indicated by the client.
Any instruction of the Customer towards the Bank is considered valid and the Bank has the obligation to respect it (with the exceptions expressly provided within the present Framework Agreement), if it is made in written, signed by the persons authorized to perform transactions with the Bank and it is deposited, in original, to the Bank.
G. The right to file a complaint Art.58. The client has to right to file a complaint verbally or in written, due to the lack of satisfying its expectations related to the services and/ or products offered by the Bank.
Further to the registration of the complaint (in the Complaints register), the Bank will analyse it, will take all the necessary reasonable measures and will provide an answer to the customer within maximum 30 days.
H. Litigation Governing law and jurisdiction Art.59. The litigation between the parties will be solved amiably. In case of failure of such procedures,, the litigation will be under Bank’s jurisdiction. This document is governed and read according to the laws of Romania and both the Customer and the Bank are subject to the jurisdiction of Bank’s Courts. Even being subject to such jurisdiction does not put a limit to the Bank’s right to start the proceedings against the Customer under other jurisdiction.
Art.60. In case of litigation between the parties, the Customer may resort to extrajudicial procedures of dispute resolution and to obtain damages under the laws in force, the Customer can address case by case in this respect to:
- National Bank of Romania : 25, Lipscani street, district 3, Bucharest, postal code 030031, tel.021.31.04.10, fax.021.315.27.50;
-National Authority for Consumer Protection; 72, Aviatorilor Blvd, district 1, Bucharest, tel.021.312.12.75, fax.021.314.34.62, e-mail: office@anpc.ro - Financial Guard: 6, Alba-Iulia Square, bl.I5, district 3, postal code 031104, tel.021.316.57.61; fax 021.316.57.62.
I. Interpretation and language of the Framework Agreement Art.61. Headings of clauses are for convenience only and do not affect their meanings.
Art.62. This Framework Agreement is provided in English and Romanian languages. Should be the case of a conflict between the two versions, the Romanian version prevails.
J. Declarations Art.63. The Client expressly declares that before concluding the present Framework Agreement he has received them, 15 days before becoming a part of it a copy and he fully agrees with its content.
Art.64. The Client declares expressly that he agrees to reduce the information period regarding the existing clauses in the present Framework Agreement 15 days before becoming part of the agreement as a whole and he fully agrees with them.
Revizuire conturi fara rulaj (dormant account) pentru persoane juridice
10 EURO/Semestru
Extrase de cont Persoane Fizice – lunar, trimise prin metoda agreata cu clientul Bancii:
Fax
Fara comision
Posta
Fara comision
Alta metoda agreata (inclusiv la sediul Bancii)
Fara comision
Extrase de cont Persoane Juridice – lunar, trimise prin metoda agreata cu clientul Bancii:
Fax
5 RON / Pagina
Posta
Costuri reale
Alta metoda agreata
Costuri reale
La sediul Bancii
Fara comision
Extrase la sediul Bancii
Fara comision
Extrase de cont trimise zilnic prin Fax (Persoane Fizice/Juridice)
20 EUR/Luna
Extras suplimentar de cont (Persoane Fizice/Juridice)
5 EUR/Extras
TRANZACTII NUMERAR
Depunere numerar
Fara comision
Retragere numerar Persoane Fizice
0,5%, minim 3 EURO
Retragere numerar Persoane Juridice
0,5%, minim 5 EURO
Retragere numerar in ziua scadentei pentru depozite la termen mai mare sau egal cu 1 Luna – Persoane Fizice
Fara comision
Pentru orice retragere de numerar pentru sume ce depasesc 10.000 EURO sau echivalent, Banca va fi instiintata cu cel putin o zi lucratoare in avans, inainte de ora 12.00.
Pentru orice retragere de numerar pentru sume ce depasesc 10.000 EURO sau echivalent retrase fara anunt prealabil (prin solicitare scrisa a Clientului cu 24 de ore inainte) se va percepe o taxa de 30 EURO.
CECURI SI BILETE LA ORDIN
INCASARE DE CECURI SI BILETE LA ORDIN IN FORMAT ELECTRONIC
Creditare la incasare
2,50 RON + 0,88 RON (Comision TransFonD)/Instrument
Comisionul se va percepe si in caz de refuz total sau partial.
Trase asupra altor Banci in valuta
0,20% minim 20 EURO
PLATA CECURI SI BILETE LA ORDIN DECONTATE IN SISTEM ELECTRONIC
Pana la 500 RON
2 RON
Intre 500 – 10.000 RON
3 RON
Intre 10.000 – 50.000 RON
4 RON
Peste 50.000 RON
30 RON
Plata Cecuri si Bilete la Ordin decontate in format vechi (prin Conventie)
20 RON + 6,26 RON (comision TransFonD decontare SWIFT)
Incasare Cecuri si Bilete la Ordin decontate in format vechi (prin conventie)
Acreditivele sunt procesate in conformitate cu Regulile si Uzantele Uniforme pentru Acreditive 600, emise de ICC, in vigoare la data tranzactiei.
Comisioanele sunt platite trimestrial si se aplica integral si pentru fractiunea de trimestru.
Toate comisioanele si spezele pentru Acreditive sunt obligatorii chiar daca Acreditivul este anulat sau expira neutilizat.
SCRISORI DE GARANTIE
EMITEREA GARANTIILOR CU DEPOZIT COLATERAL
Speze emitere
25 EURO
Comision pentru emiterea Scrisorii de Garantie
0,50 % pe Trimestru, minim 50 EURO
Modificare
30 EURO
Plata
0,20 %, minim 100 EURO
GARANTII PRIMITE
Avizare fara angajament din partea Bancii , dar incluzand verificarea semnaturilor sau a cifrului
60 EURO
Modificare fara angajament din partea Bancii incluzand anularea
30 EURO
Executarea garantiei la cererea Clientului
50 EURO
Comision de avalizare a Tratelor
0,50 % minim 100 EURO/Trimestru
Comision anulare Scrisoare de Garantie
30 EURO
Toate comisioanele, sumele minime si maxime pentru emiterea Scrisorilor de Garantie bancara stipulate pe trimestru inseamna ca intregul comision trimestrial se aplica de asemenea si pentru fractiunea de trimestru. Acestea se platesc anticipat, la inceputul tranzactiei.
ELECTRONIC BANKING
INSTALARE, INSTRUIRE SI INDRUMARE
Taxa lunara de conectare la serviciile de plata prin Electronic Banking
25 EURO
TRANSFERURI PRIN ELECTRONIC BANKING
Plati in Lei
Intrabancar
Fara comision
Pana la 500 RON
1 RON + 0,51 RON Comision TransFonD
Intre 500 – 10.000 RON
2 RON + 0,51 RON Comision TransFonD
Intre 10.000 – 50.000 RON
3 RON + 0,51 RON Comision TransFonD
Peste 50.000 RON
15 RON + 6,26 RON Comision TransFonD
Plati in valuta
Intrabancar
Fara comision
Plati
0,15 %, minim 15 EURO + taxa SWIFT
Taxe pentru SWIFT
10 EURO
Toate celelalte comisioane aplicabile in valuta prin Electronic Banking se vor aplica conform celor stipulate la capitolul Transferuri in valuta.
Garantie pentru cheie (depozitul pentru garantie nu este purtator de dobanda)
250 EURO
Diverse documente trimise prin Fax
5 RON/Pagina
Investigatii in arhiva sub 1 an
3 RON/Pagina
Investigatii in arhiva peste 1 an
5 RON/Pagina
Emitere confirmari pentru auditori
50 EURO
Scrisoare de bonitate bancara
50 EURO
Emitere Scrisoare refinantare
50 EURO
Informatii despre CIP-BNR
5 EURO/Solicitare
Informatii ONRC
10 EURO/Semestru
Transport de bani numerar
Negociabil
Posta/Curier (DHL, etc)
Cost real
Taxa notificare (trimis prin curier)
Cost real
Notificari prin executor judecatoresc
Cost real (tarif executor judecatoresc)
1. Pentru toate tranzactiile ce nu apar in aceast document, Banca va aviza Clientii asupra comisioanelor si spezelor aplicabile de la caz la caz.
2. Termenii si conditiile mentionate mai sus sunt subiect al conditiilor predominante pe piata si Banca isi rezerva dreptul de a le modifica in orice moment, unilateral, daca se considera necesar, urmand sa avizeze Clientul cu doua luni inainte ca aceste modificari sa intre in vigoare.
3. Cea mai recenta versiune a Tarifelor, Termenilor si Conditiilor, asa cum este afisata in incinta Bancii, este intotdeauna aplicabila. O copie a Tarifelor, Termenilor si Conditiilor poate fi solicitata in orice moment de la angajatii Bancii.
4. Toate comisioanele si spezele se vor taxa in valuta tranzactiei, cu exceptia cazurilor cand Clientul solicita altfel si Banca este de acord.
5. Aceste Tarifelor, Termenilor si Conditiilor sunt editate in doua limbi, limba romana si engleza, iar in eventualitatea unui conflict intre textele in limba romana si engleza, textul in limba romana va preleva.
6. Aceste Tarifelor, Termenilor si Conditiilor se refera la toate tranzactiile care sunt efectuate in relatia cu Banca, mai putin cele in baza unei facilitati de credit sau a altor intelegeri incheiate intre Client si Banca printr-o relatie contractuala.
