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Essential Science: Why does wine smell bad?
Tim Sandle
Dec 17, 2018 in
With many wines, laying them down for a long period improves them and this is a factor in good wines becoming great wines. However, sometimes wines go off and develop a bad smell. New research reveals why.
Sometimes a wine has been in storage, with the expectation that the bottle of vino, when opened, will produce something special to the palate and to the nose. To create the delightful bouquet, within wine there are volatile and non-volatile compounds that contribute to the makeup of a wine's aroma.
Occasionally a bottle is removed from the cellar and, when opened, there is a highly unpleasant smell. The
main cause of this
off-odor is hydrogen sulfide, which delivers to the affected wine an aroma of sewage or rotten eggs.
The taste of wine is affected by wine glass design.
Lesley Lanir
Hydrogen sulfide
Hydrogen sulfide
is the chemical compound and presented as a colorless chalcogen hydride gas. At certain levels it is very poisonous, corrosive, and flammable. Hydrogen sulfide is typically generated as a result of the microbial breakdown of organic matter in the absence of oxygen (as would be found in a sewer). With microorganisms, this is a form of anaerobic digestion undertaken by sulfate-reducing microorganisms.
Sulfate-reducing microorganisms
can be traced back
to 3.5 billion years ago and are considered to be among the oldest forms of microbes, having contributed to the sulfur cycle soon after life emerged on Earth.
Why wine goes off?
Although the chemical that causes off-wine has been established, the specific causes have always been uncertain. Now, with hydrogen sulfide, scientists have identified some potential sources of this stinky compound.
According to Laboratory Manager magazine, hydrogen sulfide is produced naturally during fermentation. However, the bulk of the gas disappears or is removed in subsequent winemaking steps. Why it sometimes re-emerges after bottling has been a puzzle.
A scrumptious white wine from the Rhone valley area, tasting even better in Lyon.
Tim Sandle
One theory, with a touch of irony, is that it might derive from polysulfanes and other sulfur byproducts created during the actual act of hydrogen sulfide removal.
Research process
For the study
, the scientists developed a model wine that was composed of a mixture of polysulfanes. Taking this wine, the researchers treated it with antioxidants like sulfur dioxide and ascorbic acid. These additives are introduced to many wines as preservatives during bottling.
Once this was prepared, the researchers identified and calculated the concentration of a several sulfur compounds in the wine after six months of storage. It was discovered that polysulfanes containing four or more linked sulfur atoms per molecule were most likely to decompose during wine storage. This reaction correlated with elevated levels of hydrogen sulfide.
It was further found that the polysulfane decomposition and hydrogen sulfide release occurred more frequently in the wine treated with sulfur dioxide compared with untreated wine or wine only treated with ascorbic acid.
The inference from this discovery is that wines with polysulfane additives are most likely to experience re-emergent hydrogen sulfide. This finding is set to be tested out on a bigger scale.
The study was funded by Wine Australia and the Australian government.
Research paper
new research
has been published in the
Journal of Agricultural and Food Chemistry
. The research paper is titled: "Liberation of Hydrogen Sulfide from Dicysteinyl Polysulfanes in Model Wine."
Essential Science
This article is part of Digital Journal's regular Essential Science columns. Each week Tim Sandle explores a topical and important scientific issue.
Last week we looked at
a new drug combination, which is effective against the skin cancer, and which could save millions of lives each year.
The week before we looked at
new research affecting Parkinson's disease
. This was centered on a new drug that aims to freeze Parkinson's disease in its tracks. The drug targets neuroinflammation, and researchers think this could halt further neuronal loss in Parkinson's disease.
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Food spoilage
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Chennai, June 3 : DMK President M K Stalin today announced that senior leader and former Minister Duraimurugan will continue in the post of Party Treasurer. In a statement here, he said since the DMK General Council meeting to elect a new Treasurer, following the resignation of Duraimurugan, could not be held due to the corona lockdown, he would continue in the post.
As per the powers vested with him as the Party President, the resignation of Duraimurugan has been kept in abeyance temporarily and he would continue as the party Treasurer till the General Council meeting was held. The DMK had earlier convened its General Council meet on March 29 to elect a new General Secretary of the party following the demise of senior leader K Anbazhagan, who held the post for 43 years, on March seven.
Since Mr Duraimurugan was tipped to be elected the next General Secretary in the General Council, he had resigned from the post of Treasurer and it was accepted by Mr Stalin. But the meeting was postponed in view of the lockdown. Since the General Council could not be held, Mr Stalin announced that Duraimurugan would continue in the post of Treasurer. (UNI)

subset: commoncrawl


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pthread_frame: merge the functionality for normal decoder init and init_thread_copy The current design, where - proper init is called for the first per-thread context - first thread's private data is copied into private data for all the other threads - a "fixup" function is called for all the other threads to e.g. allocate dynamically allocated data is very fragile and hard to follow, so it is abandoned. Instead, the same init function is used to init each per-thread context. Where necessary, AVCodecInternal.is_copy can be used to differentiate between the first thread and the other ones (e.g. for decoding the extradata just once).
libavcodec, libpostproc: Remove outcommented START/STOP_TIMER as well as includes of libavutil/timer.h. Signed-off-by: Andreas Rheinhardt <email@example.com> Signed-off-by: Michael Niedermayer <email@example.com>
avcodec/dnxhddec: properly set colorspace
avcodec/dnxhddec: fix block alignment blockdsp requires 32 byte alignment. Signed-off-by: James Almer <email@example.com>
avcodec/dnxhddec: use init_get_bits8()
avcodec/dnxhddec: ask for samples with alpha
avcodec/dnxhddec: Check dc vlc Fixes: signed integer overflow: 1024 + 2147483640 cannot be represented in type 'int' Fixes: 4671/clusterfuzz-testcase-minimized-6027464343027712 Found-by: continuous fuzzing process https://github.com/google/oss-fuzz/tree/master/projects/ffmpeg Reviewed-by: Paul B Mahol <email@example.com> Signed-off-by: Michael Niedermayer <email@example.com>
avcodec/dnxhddec: Do not overwrite colorspace if the container has set it. The existing logic overrides container metadata even in cases where the container metadata must be trusted (e.g. HDR). The original spec had no provision for specifying color volume, so many files rely on the assumption of Rec. 709. An update to the spec included a 'clv' field for explicitly signaling that the container should be trusted in an existing bitfield in the frame header, but the default of 0 from old encoders forces Rec. 709, which would break any HDR stream. Because there is no place in DNxHR for specifying a transfer function, DNxHR HDR files must include container-level color information. This patch maintains the existing behavior of choosing the 709 over the 601 matrix when container-level information is missing, and allows container-level information to win if present. Signed-off-by: Steven Robertson <firstname.lastname@example.com> Signed-off-by: Michael Niedermayer <firstname.lastname@example.com>
avcodec/dnxhddec: Move mb height check out of non hr branch Fixes: out of array access Fixes: poc.dnxhd Found-by: Bingchang, Liu@VARAS of IIE Signed-off-by: Michael Niedermayer <firstname.lastname@example.com>
avcodec/dnxhddec: fix -Wformat warning raised by DJGPP FF_ARRAY_ELEMS returns a size_t value. Reviewed-by: ubitux Signed-off-by: James Almer <email@example.com>
avcodec/dnxhddec: add support for very big resolutions Signed-off-by: Paul B Mahol <email@example.com>
dnxhd: initialize DNXHDContext::avctx to each thread's respective one. Otherwise all thread's private contexts have the avctx pointer set to the AVCodecContext of the first thread, which means all writes to ctx->avctx->* (in e.g. read_header) are effectively race conditions. Fixes fate-dnxhd under tsan.
Fix all -Wformat warnings raised by DJGPP
Merge commit '1263b2039eb5aaf1522e9de9f07c787ab30a5f50' * commit '1263b2039eb5aaf1522e9de9f07c787ab30a5f50': Adjust printf conversion specifiers to match variable signedness Merged-by: Clément Bœsch <email@example.com>
avcodec/dnxhddec: fix decoding of DNxHR HQX 10-bit Signed-off-by: Paul B Mahol <email@example.com>
lavc: Remove CR/LF from avpriv_request_sample() calls.
Adjust printf conversion specifiers to match variable signedness
libavcodec/dnxhd: Enable 12-bit DNxHR support. 10- and 12-bit DNxHR use the same DC coefficient decoding process and VLC table, just with a different shift value. From SMPTE 2019-1:2016, 8.2.4 DC Coefficient Decoding: "For 8-bit video sampling, the maximum value of η=11 and for 10-/12-bit video sampling, the maximum value of η=13." A sample file will be uploaded to show that with this patch, things decode correctly: dnxhr_hqx_12bit_1080p_smpte_colorbars_davinci_resolve.mov Signed-off-by: Steven Robertson <firstname.lastname@example.com> Signed-off-by: Michael Niedermayer <firstname.lastname@example.com>
avcodec/dnxhddata: move avpriv_dnxhd_parse_header_prefix to a header It's a small and simple function that can be inlined. This removes one private symbol and should reduce object dependencies with the next major bump Signed-off-by: James Almer <firstname.lastname@example.com>
libavcodec/dnxhd: add dnxhr profiles Signed-off-by: Michael Niedermayer <firstname.lastname@example.com>


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Earth Fare, a chain of 50 stores in ten states with 3,000 employees has announced that it will undergo liquidation. The company, owned by Oak Hill Capital Partners since 2006 was overburdened with debt and it did not file for Chapter 11 Bankruptcy to permit reorganization.
The Earth Fare concept included a commitment to a 'food philosophy' by which all products sold were free of additives including hormones, antibiotics, artificial and trans fats, preservatives, colors or flavors. It appears that the "clean-food" concept together with the natural and organic bias was an inadequate draw to maintain sales volume especially with slim margins attributed to competition. Earth Fare follows the financial woes of Lucky's Market and Fareway Market with both chains filing for Chapter 11 and disposing of stores and other assets.


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Bodily hormone PRP Therapy or bodily hormone substitute therapy is the practice of making use of specific hormones in a medical therapy for problems that relate to bodily hormones. Bodily hormones are substances created by the body that regulate lots of physical features. Bodily hormone therapies may either be prescribed by a doctor or might be purchased nonprescription at a natural food retail store.
Hormone replacement therapy, commonly named HRT, is actually the medical procedure of utilization certain bodily hormones in the body if you want to substitute a hormonal agent or even to offer relief from the results of an illness. Substitute therapy along with oestrogens as well as oestrogen therapy is actually very most frequently utilized for girls who have had menopause and are experiencing menopausal signs, like scorching flashes and also genital dryness. Hormonal agents are actually usually used to address ailments that involve the results of testosterone, as well as feature health conditions like hypogonadism, hypothalamic-pituitary-testosterone discrepancy, weight problems and also osteoporosis. Other Hormones that may be made use of to assist self-control bodily hormones are actually thyroid hormones as well as the sexual activity hormonal agents.
It has actually been found that hormonal agent treatment, when done adequately as well as securely, could be a quite successful procedure for managing many conditions. As along with any kind of form of medical therapy, hormonal agent treatment can easily often lead in some excess side effects. One of the most usual negative effects of hormone therapy is a rise in the volume of acne vulgaris. This disorder causes a red, puffy skin, which may be actually alonged with hair loss, improved creation of sebum, as well as irritation of the skin's sebaceous glands.
Acne vulgaris might be actually induced through the improved manufacturing of oil in the sweat glandulars that lead from hormone therapy. Hormonal agent replacement therapy can likewise result in the skin layer to come to be heavy and tough.
An additional side impact of hormonal agent replacement treatment is actually that the person may experience irregular menstruation periods. This is actually given that the body will not make enough progesterone when the client is taking hormonal agent therapy to change testosterone level.
Bodily hormone here are the findings substitute treatment can easily likewise lead to extreme skin layer issues including dermatitis. This is actually triggered by the reality that a lot of the hormones utilized to deal with ailments might activate the skin layer to produce more sebum than normal. When too much natural oils is actually made, the skin might produce excess oils that can easily irritate the scalp and skin, causing a rash.
When the client quits taking the hormonal agent treatment, the sebaceous glands will certainly not be able to control on their own and the glandulars will definitely generate excess oils that can easily further irritate the scalp and skin layer. Some clients also experience the beginning of psoriasis, an inflamed skin disease that can trigger the skin to scaly and also reddish. This ailment might be worsened by the skin layer being actually swollen and also aggravated.
Hormone substitute therapy can possess other side results that are certainly not as noticable as those that are linked with other types of clinical therapies. There are actually some side impacts that may still be rather hazardous if left behind without treatment. These side effects include the following: body weight gain, quick muscular tissue growth and boosted blood pressure. Females can additionally develop osteoporosis, a condition where the bone tissues of the bones become fragile.
While there are several medications that can easily regulate and also remove these negative effects, there are no medications that may fully clear a client of all of them. If you are experiencing signs of these negative effects and also you are actually certainly not encountering hormone substitute therapy, it is essential to call your doctor instantly. to make sure that they can prescribe a suitable medicine for you.
Sometimes, medications might certainly not work with every person due to the different medical ailments that a person possesses. Sometimes, other methods of procedure, including surgical procedure, may be actually needed. In these instances, your doctor will review the alternatives that are accessible to you as well as go over exactly how hormone substitute therapy will definitely help you.
While some people might discover the negative effects of hormonal agent substitute treatment to become excessive to bear, there are others that may locate that the hormonal agent therapy works very well for them. The adverse effects that occur might not be actually as severe as those that attend other forms of treatment. If you are having any one of these indicators, are sure that you speak to your medical professional prior to you cease taking the bodily hormone therapy so that you carry out certainly not experience any significant bad negative effects.
Hormone Therapy or even bodily hormone substitute treatment is commonly the use of man-made bodily hormones in medicinal therapy. Bodily hormone replacement therapy may additionally be known as anti-hormones or hormone substitute therapy. This method of managing some of the signs associated with growing old is also known as pharmacological HRT, a technique that includes the administration of man-made bodily hormones to address the impacts of growing old.
Making use of man-made hormonal agents has gained large recognition given that its introduction given that it provides a safe as well as low-cost means for dealing with patients struggling with hormone-related conditions. Although this treatment operates properly, it possesses some downsides, which include the following.
This is actually due to the fact that natural bodily hormones, like those generated through the pituitary gland, are necessary for maintaining a healthy and balanced hormone degree in the body system. Synthetic hormones are certainly not generated at a consistent price.
An additional trouble is actually that due to the fact that synthetic bodily hormones possess negative effects, they are actually certainly not constantly risk-free. This is mostly since there are many various other points that are thought about in the procedure procedure consisting of nutritional supplements, cannabis as well as plant based items, and also occasionally also surgical treatment. Along with these other procedures involved, there are additionally dangers that go along with it.
Also therefore, a man-made hormonal agent may still lead in side result as well as this is when other choices need to be looked at. These consist of non-hormonal options that use identical perks without any of the damaging side effects linked with man-made bodily hormones.
This has actually resulted in many individuals trying to find alternate forms of treatment to decrease the risks connected with bodily hormone substitute therapy. These substitutes include cannabis and also vitamins which help to regulate the production of bodily hormones and for that reason control the different negative effects that feature it. They can easily also work synergistically with the artificial bodily hormones that are utilized.


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102 members816 Comments 5 Favorites
EQ7 didn't do the conversion of the picture to paper piecing. I did that, just used the program to do the drawing then to print off the pattern. I haven't done enough with EQ7 yet (I have 5 & 6) but know it does do some neat stuff that the earlier ones don't have.
Loved the framed pic/quilts....wonderful idea!!
Love your quilts! Especially the rag quilts! It seems that not too many people make rag quilts all that often.
Posted on September 16, 2012 at 8:27am 3 Comments 0 Favorites
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Despite the consistent increase in regulation of the sector in the aftermath of the financial crisis, Romanian credit institutions have successfully adapted their asset structure, operations and business strategies to the post-crisis Basel III reforms, with significant balance sheet cleaning efforts. In this context, according to the most recent annual report of the National Bank of Romania, in 2018 there was an increase in the private loan sectors of the Romanian market, in both retail and corporate finance.
The quality of assets of Romanian banks is under continuous improvement, and the non-performing loan ratio as well as the restructured loans ratio have registered a consolidated downtrend in the past years. Currently, the prudential and financial indicators of Romanian banks reflect a stable banking sector with continuous growth in lending to the private sector, despite the risks of unexpected and burdensome legislative changes and an upward adjustment of interest in RON-denominated loans.
The business model of local banks is still traditional, focused mainly on the relationship with households, where growth is generated by housing loans (mortgage loans and state-guaranteed housing loans under the Governmental "Prima Casa" programme) as well as consumer loans. As for corporate loans, at the end of 2018 growth reached the highest value ever.
While Romanian companies' interest in debt financing through bond issues is currently increasing, the high-yield market is not yet a real alternative to bank lending, which remains the main source of debt financing in Romania.
However, generally the upward trend in capital markets debt financing was more evident in 2018, as fixed debt transactions increased by 27%, and banks and several non-financial companies issued corporate bonds to support their business plans.
Providing financing to companies on a professional basis, by granting loans or providing other types of financing, is a regulated activity in Romania and may be carried out by credit institutions (including EU banks on the basis of the EU passporting process), payment institutions for loans granted in relation to payment services (including EU payment institutions on the basis of the EU passport) and non-banking financial institutions licensed by the National Bank of Romania (the NBR). In practice, the non-banking financial institutions are the key alternative credit providers on the Romanian market.
Currently, crowdfunding platforms do not benefit from a dedicated legal framework, and do not represent an alternative to traditional banking financing methods. However, some new recent initiatives indicate that crowdfunding platforms already operating in other EU jurisdictions intend to target the Romanian market in the near future.
In terms of corporate banking and finance techniques, the increasing number of sophisticated investors in Romania and the upward trend in the appetite of local banks to participate in cross-border financing transactions have required local banks to adapt their modus operandi in order to become more competitive and meet the expectation of well-informed clients. Therefore, although there is no official Romanian adaptation of the LMA standards, the lenders usually prefer LMA-type facility agreements for syndications or club-loans, and stick to their internal standard documentation for bilateral loans or smaller clients. Several local banks have developed their own in-house LMA-style standard financing documentation.
From the consumer finance perspective, banks are looking to provide innovative financing products to consumers, blending traditional credit provision with payment services. In this context, competition among banks providing consumer-friendly online crediting is expected to increase.
On both the corporate and consumer lending side, new technologies such as blockchain are expected to be integrated, and will affect the way credit products are provided, including how corporate finance transactions are negotiated and concluded.
Legal developments that have an impact on the Romanian loan market typically concern the retail segment (mainly aimed at consumer protection and avoiding the over-indebtedness of households). From this perspective, in an attempt to increase consumer protection, there have been recent changes to the manner of calculation of the floating interest rates under loan agreements to consumers in the local currency. Following such changes, the old ROBOR benchmark rate has been replaced with a reference rate to be calculated daily by the NBR as the weighted average interest rates on the interbank market.
In addition, at the end of 2018, the Romanian Government enacted a controversial emergency ordinance setting a burdensome tax on the financial assets of Romanian banks and the Romanian branches of foreign banks, starting on 1 January 2019. The tax was intended to be declared and paid quarterly and calculated to the bank's financial assets, with the first payment to be made at the end of Q1 of 2019. The tax rate differed, depending on how much the ROBOR quarterly average would exceed the reference rate of 2%, and could have reached a maximum quarterly rate of 0.5%.
However, the Romanian Government revised the tax on the financial assets of banks at the end of March 2019 (prior to the first quarterly payment of the tax becoming due). In the current form, the tax on financial assets is 0.4% p.a. or 0.2% p.a., and its application depends on whether the relevant bank has at least 1% or less than 1% of the market share, and is not linked to ROBOR. The tax on the financial assets of banks may be subject to discounts if the bank reaches certain indicators aimed at increasing financial intermediation and decreasing interest margins. Furthermore, the tax cannot exceed the book profit of the bank.
As indicated under 1.4 Banking and Finance Techniques above, providing loans or other types of financing on a professional basis is a regulated activity in Romania.
EU licensed credit institutions may benefit from the so-called "EU banking passport regime" – ie, they may also provide financing as well as other banking services in Romania on a professional basis either by establishing a branch in Romania or directly under the EU freedom of services, in both cases subject to a notification by the supervisory authority in the home EU Member State to the NBR.
On the other hand, non-EU licensed credit institutions may carry out financing activities on a professional basis through either setting up a branch or incorporating a subsidiary, subject to the general licensing regime. From a theoretical perspective, the NBR may exempt the branches of non-EU licensed credit institutions from the application of certain prudential requirements, if it considers that the home third country state has a prudential framework equivalent to that applicable to Romanian banks, and that the home competent authority exercises adequate supervision over the bank, including over its Romanian branch. It is likely that the practical application of this exemption will be considered by the NBR in a post-Brexit context in connection with UK banks/subsidiaries of UK banks.
The above limitations apply only if financing is being provided on a professional basis within the territory of Romania. There are no official guidelines on the assessment of the territoriality criteria applicable to the cross-border provision of banking services from non-EU credit institutions. In the context of Brexit, the NBR has published an official notice specifying that, in the absence of a licence from the NBR, the activity of the branches of UK banks and the possibility to provide banking services cross-border in Romania ceases as of the date of a hard Brexit.
Subject to the authorisation regime briefly set out under 2.1 Authorisation to Provide Financing to a Company above, there are no other restrictions applicable to foreign lenders for providing financing to Romanian companies or consumers.
Romanian-resident borrowers must notify the NBR of any mid and long-term (more than one-year) cross-border loans, for statistical purposes.
On a general basis, except for the restrictions applicable in connection with land ownership in Romania that could affect – to a certain extent – the enforcement means available in the case of land mortgages, there are no restrictions or impediments under Romanian law regarding the granting of security that would apply to foreign lenders only; the general limitations set out under 5 Guarantees and Security apply. See also 3.3 Restrictions and Controls on Foreign Currency Exchange regarding exceptional measures that may be taken by the NBR that may also affect financing transactions.
In principle, there are no restrictions, controls or other concerns on and regarding foreign currency exchange. However, in exceptional circumstances of distress (eg, those that severely affect the monetary policy and the foreign exchange rate), the NBR is entitled to apply certain safeguarding measures, which could negatively affect the operation of certain short-term financing transactions (eg, repayments under the facility, or the appropriation of proceeds in case of enforcement).
Such safeguarding measures include the following:
As per the anti-money laundering legislation, credit institutions must report any cross-border transfers into or out of the RON or foreign currency accounts exceeding EUR15,000 (irrespective of whether the transaction is performed through a single operation or through various operations that seem to be linked) to the National Office for Prevention and Control of Money Laundering within a maximum of three business days of the transfer date.
There are no specific restrictions on the borrower's use of proceeds from loan or debt securities, except from the contractual provisions that usually require the borrower to use such proceeds for the purpose contemplated under the relevant financing agreement. Failure by the borrower to comply with such provisions would result in an event of default, which, in the case of a loan, may trigger the acceleration of the outstanding loan and the cancellation of any available commitments.
The agent concept is recognised under the Romanian Civil Code, which expressly allows for the creation of security to the benefit of a party other than the creditor of the secured obligations in the case of security interests over movable assets. No similar recognition of the agent concept exists for security interests over immovable assets. For immovable assets, the security is typically established in favour of each lender and, to a lesser extent, in favour of a security agent, under a foreign law parallel debt and/or trust structure.
The concept of "fiducia" has been expressly regulated under Romanian law since the entry into force of the new Civil Code in 2011, and is allegedly meant to implement certain mechanics and benefits of the Anglo-Saxon trust into Romanian law. However, in practice, the Romanian "fiducia" is not used in financing transactions due to its formal and onerous regime (it requires various formalities and triggers certain tax liabilities).
Trust relationships created under a foreign legal regime would be recognised by Romanian courts subject to Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (the "Rome I Regulation") or to the Civil Code provisions, in the case of non-EU laws. However, trust-based structures have not been tested by Romanian courts and there is no indication on what the position of such courts would be when presented with such concept, including whether such arrangements would be deemed compatible with the Romanian international public policy.
In the above context, the following structures are the most commonly used on the Romanian market:
The most commonly used loan transfer mechanisms under Romanian law are: (i) assignment of rights, (ii) assignment of contract, and (iii) novation. The particularities of each loan transfer mechanism and the effects on the associated security package are as follows:
Furthermore, where the security package is granted directly in favour of each of the lenders and not through a security agent structure (eg, in case of security packages associated with bilateral loans or in relation to mortgages over immovable assets), the perfection formalities (please see 5.1 Assets and Forms of Security) need to be updated to reflect the new secured creditors, and confirmations by the security providers are usually requested.
Debt buy-back by the borrower or debt purchase by the sponsor is permitted under Romanian law, subject to contractual documentation. In the case of debt buy-back by the borrower (ie, repayment/prepayment of the loan), any security interest over movable assets securing the loan will be terminated by operation of law, and the security interest over immovable assets will be deregistered from the relevant land book.
Debt purchase by the sponsor is permitted under Romanian law, subject to compliance with the conditions applicable to assignments of debt under the Civil Code (eg, the transfer of debt via an agreement between the old and the new debtor is subject to the creditor's consent).
In the context of takeover transactions carried out under the Romanian law transposing the EU Takeover Directive, the offeror in the takeover bid is required to provide proof of the availability of funds representing 30% of the total value of the offer (which should be deposited and blocked in a bank account of the intermediary until the completion of the offer) or a bank guarantee covering the entire value of the bid (valid until the close of the offer). Additionally, the offer document needs to provide specific details on the source and amount of funds available for completion of the takeover offer (including the terms and conditions of loans or other types of financing). There is no requirement to make the financing documentation publicly available, although the Financial Surveillance Authority has the power (in theory) to request that additional information is published in the offer document.
The type of documentation used in acquisition finance is not necessarily driven by the "certain funds" requirement, and varies depending on the size and specifics of the transaction. While there is no official Romanian adaptation of the LMA standard documentation, lenders usually prefer LMA-type facility agreements for syndications or club-loans, and go with their internal standard documentation for bilateral loans or smaller clients. English law-governed LMA financing documentation is used in cross-border transactions with foreign lenders and Romanian components.
Payments of principal are not subject to withholding tax under Romanian law, but interest and commission fees are subject to 16% withholding tax in Romania (subject to any exemptions or reductions under any double-tax treaties in place).
Tax gross-up clauses are usually put in place in cross-border financing transactions with a borrower incorporated in Romania. The involvement of a Romanian tax consultant in the drafting of such clauses is highly recommended in light of the existing Romanian case law on matters of gross-up.
There are no stamp duties, taxes or similar charges for providing loans (or taking security and guarantees from) entities incorporated in Romania, other than the following:
In corporate finance transactions, there are no regulatory limitations applicable on interest charged to borrowers – the parties are free to contractually determine the applicable interest.
However, limitations are applicable as regards compound interest. As a rule, the interest can be calculated only on the amount borrowed; in exceptional cases, the interest can be capitalised and, therefore, generate other interest only through a special agreement concluded with this purpose, after the due date, and only for the interest owed for a minimum period of one year.
Theoretically, in certain circumstances, the court has the right to reduce the default interest (eg, when the default is manifestly excessive by reference to the damage that could have been foreseen by the parties upon the conclusion of the agreement). In practice, as far as is known, there have been no published cases where the courts ruled in favour of reducing the default interest on this basis in corporate financing transactions.
Consumer lending is subject to specific limitations as regards the calculation of the interest rate, disclosure and limitations applicable to interest rate penalties, under the legislation implementing the Consumer Credit Directive 2008/48, as amended, as well as to limitations deriving from the legislation on unfair terms, including that which transposes the Unfair Terms Directive (93/13/EEC).
Typical Assets and Security Package
The typical Romanian law security package includes the following:
Additional arrangements may be put in place, depending on the transaction and the financed assets.
Form of Security Arrangements
In terms of documentation, the movable mortgage agreements may be executed as private deeds. As an exception, mortgage agreements over aircrafts are generally executed as notarial deeds before a notary public.
Immovable mortgage agreements need to be executed in authenticated form before a notary public.
The execution of mortgage agreements in authenticated form before the notary public is subject to notarial fees, which are computed ad valorem (depending on the maximum secured amount and the number of mortgage agreements that cover the same amount).
Perfection Requirements and Other Formalities
Immovable mortgage agreements are subject to registration with the relevant land book. The land book fees are computed ad valorem by reference to the secured amount and depending also on the number of immovable assets subject to registration.
Movable mortgage agreements (which cover the shares in or the movable – tangible and intangible – assets of the Romanian entity) need to be registered with the National Register for Publicity in Movable Property. Depending on the type of assets covered by the mortgage agreement, the following additional formalities apply:
Registrations with the National Register for Publicity in Movable Property cost approximately EUR20 and are usually carried out on the same date the registration form is submitted to the relevant operator. Registrations with other public registries trigger additional costs.
Financing transactions involving oil and gas projects may involve the creation of security over industry-specific assets, including assets located outside the Romanian territory (eg, offshore), such as extracted petroleum or marine platforms and related equipment. In principle, security agreements over such assets follow the general rules outlined above, with certain limitations. Depending on the type, qualification and location of those assets, additional registration requirements may apply, triggering additional costs.
The movable mortgage agreement can generally cover all movable assets (tangible or intangible) of the mortgagor. However, a generic description of the mortgaged property in the security agreement – such as all "movable property" or "all present and future movable property" – is not satisfactory for creating the mortgage, so the description of the mortgaged property should include the content and nature of all assets included. In practice, this is achieved by including a list of all assets or the material assets of the mortgaged universality, which is updated periodically throughout the lifetime of the mortgage agreement.
Under Romanian law, if a company guarantees or secures the obligations of any other company, there must be sufficient corporate benefit in respect of such obligations for the relevant Romanian company, otherwise the rights of the secured creditors under the relevant documents may be challenged for a lack of corporate benefit/legal cause (in Romanian, cauza), and the cancellation of the relevant guarantee/security operation may be ruled by Romanian competent courts.
The existence of adequate and sufficient corporate benefit by reference to the exposure of the obligor under the guarantee/security provided is a matter of fact that should be determined by the management of the guarantor considering the best interest of the guarantor, in principle, on a standalone basis. While the management of the guarantor may assess the corporate benefit at a group level, it should be noted that Romanian law does not recognise the group benefit.
The corporate benefit of the guarantor is ultimately subject to validation by the courts and, as far as is known, has not been properly tested in front of Romanian courts. Furthermore, the guarantee is subject to potential challenges in light of the fraudulent transactions carried out during the hardening period in the insolvency of the Romanian guarantor/security provider (please see 7.5 Risk Areas for Lenders).
Theoretically, entering into guarantees where the guarantor does not derive sufficient corporate benefit might lead to criminal liability of the management of the guarantor (ie, if the conduct meets all the features of being qualified as a misuse of the guarantor's assets). In an attempt to mitigate risks of criminal liability for the management/founders of the guarantor, including in relation to corporate benefit aspects, the financing agreement typically includes limitation language of the Romanian guarantor. However, the efficiency of the limitation language has not been tested in front of Romanian courts, as far as is known.
From a practical perspective, these issues may have the following mitigating factors:
Financial assistance is prohibited in Romania – the Romanian companies law prohibits a Romanian joint stock company from advancing funds, granting loans or creating guarantees/security interests in view of the acquisition of its own shares by third parties.
Romanian law does not contemplate any "white wash" procedure. The prohibition is expressly regulated for joint stock companies, and there are certain views based on some limited case law arguing that it should also apply to limited liability companies.
Several solutions have been discussed and used in practice to address the above issue, but have not been tested in court, such as:
In Romania, there are no significant costs associated with the grant of security or guarantees for credit or loan agreements, except for the costs related to the conclusion of the security over immovable assets (see 5.1 Assets and Forms of Security, above). No works council approval is required to grant the security or the guarantee.
Formalities on the release of security depend on the type of security that has been granted.
Security interest under immovable mortgage agreements is released by means of a release notice issued as an authenticated deed, and a release application form to be submitted to the relevant land book office.
Security interest under movable mortgage agreements is terminated by operation of law following the satisfaction of the secured obligation, and deregistration formalities are generally straightforward, typically implying a release notice issued as a private written deed and an application form to be submitted to the National Register for Publicity in Movable Property and, depending on the type of assets covered, deregistration from the shareholders' registry, cancellation of control to the account bank, or deregistration from the other relevant public registers.
Perfected mortgages have priority over mortgages that are not perfected (please see 5.1 Assets and Forms of Security). In the case of security interests over bank accounts, the lender who has control over the bank account enjoys a right of "super-priority" over a lender that has no control over the mortgaged accounts.
As a rule, priority is given to whichever security interest is either perfected or registered first, as the case may be.
In addition to the structural priority of liabilities (secured/unsecured), contractual subordination – usually established under a subordination or intercreditor agreement – is effective between the parties to the arrangement, but may not be enforceable against third parties (including in an insolvency scenario).
As a general note, enforcement may be carried out for receivables which are certain, liquid, due and payable (in Romanian, "certa, lichida si exigibila") and only based on writs of execution (in Romanian, "titlu executoriu"). Enforcement is carried out in accordance with the Romanian Civil Code and/or the Romanian Code of Civil Procedure, and the applicable enforcement procedures/formalities vary depending on the agreement subject to enforcement.
Loan Agreement
The enforcement of receivables originating from unsecured loans or loans secured only by personal guarantees is generally subject to the terms of the underlying facility agreement regulating the conditions of acceleration and enforcement thereof. Unless otherwise agreed in the loan agreement, acceleration of the loan is not mandatory for the start of the enforcement proceedings, with the enforcement being possible if there is an unpaid receivable that is certain, liquid, due and payable. In practice, however, the enforcement generally starts after acceleration of the loan.
No out-of-court enforcement proceedings are available, and the enforcement is carried out through an enforcement officer, with authorisation and supervision by the relevant courts in accordance with the Romanian Code of Civil Procedure.
Romanian law-governed loan agreements entered into with Romanian credit institutions and non-banking financial institutions are writs of execution by effect of the law, and no prior judicial proceedings are required to validate the acceleration of the loan (the enforcement starting only with the filing of an application for enforcement to the competent court bailiff, who must obtain the approval of the enforcement court). However, the quality of writ of execution is not recognised by the law in respect of cross-border financing based on foreign law-governed loan agreements. In such cases, before initiating any enforcement actions against a Romanian obligor, lenders would need to obtain a writ of execution in relation to the outstanding claims, either (i) by obtaining a court judgment in the relevant jurisdiction (subject to the recognition and enforcement of such foreign judgment in line with the principles set out below under 6.3 A Judgment Given by a Foreign Court) or (ii) by obtaining a European enforcement order based on the provisions of EU Regulation no. 805/2004.
There are no particular enforcement procedures for guarantee agreements; the above comments in relation to the enforcement of loan agreements are equally applicable to guarantee agreements.
Security Interests
Romanian law-governed mortgage agreements are writs of execution by the effect of the law. Therefore, subject to the secured claims being certain, liquid, due and payable, the enforcement can be initiated based only on the mortgage agreement, without it being necessary to obtain a writ of execution in respect of the principal documents originating the main claims. The relevant Romanian legal provisions on this topic are not fully correlated, which for a while generated significant uncertainty in connection with the enforcement conditions applicable in the enforcement of claims generated under foreign law-governed loan agreements secured with Romanian law mortgages, but this uncertainty was clarified in 2017 by the Romanian High Court of Justice in favour of the creditors – it being specified that such an enforcement may be based on the mortgage agreement as a writ of execution, without the need to obtain an additional writ of execution in relation to the foreign law-governed loan agreement.
Immovable mortgage
The enforcement of immovable mortgages is a judicial procedure governed by the Romanian Code of Civil Procedure. No out-of-court enforcement procedures are available in connection with such types of mortgages, and the enforcement may only be carried out through an enforcement officer and authorisation and supervision by the competent courts.
Generally, the enforcement of immovable mortgages can be achieved through either an amicable sale (performed by the debtor himself), a direct sale (performed by the court bailiff), or a public auction sale. If there are several real estate assets, separate public auctions will be organised for each real estate asset.
Movable mortgage
The enforcement of movable mortgages may be carried out though either a judicial procedure under the Romanian Code of Civil Procedure, or out-of-out court procedures under the Romanian Civil Code, with limited involvement of the courts and enforcement officers, where most of the enforcement actions are carried out by the creditors themselves.
Depending on the class of assets subject to the movable mortgage agreements, the usual enforcement methods include:
Restrictions to consider in relation to enforcement proceedings depend on the structure that is used in relation to the holding of the Romanian law security package.
In the case of syndicated lending-related enforcement proceedings, some limitations may be related to the need to involve all secured parties in the enforcement process, despite the use of security agent structures. In consideration of some unclear legal provisions in the Romanian Code of Civil Procedure in connection with the prohibition of representation by legal entities of other legal entities in court proceedings, such limitations may trigger a need for the various formalities required in the enforcement process to also be carried out with the signature of or based on specific powers of attorney being issued by all such secured parties.
The choice of foreign law to govern a contract would be a recognised as a valid and binding choice of law by the Romania courts, subject to the provisions of Rome I Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations.
Also, according to the Romanian Civil Code, in general, parties may mutually choose the law governing their contractual relationship, provided a 'foreign' law element (in Romanian "element de extraneitate") can be identified in the relevant contractual arrangement. However, the governing law chosen by the parties will not be applicable if such law provides regulations that are contrary to the Romanian mandatory laws on international private law, or was chosen or became applicable by fraud.
Unfortunately, there is still uncertainty in connection with the scope of the Romanian concept of international public policy relevant on matters of credit and security agreements. The Romanian Civil Code provides that the implementation of the foreign law shall be deemed contrary to the Romanian international private law public policy if it triggers an outcome that is "incompatible with the fundamental principles of the Romanian law or the EU law and with the fundamental human rights." While international public policy is clearly regarded as being narrower in scope and content than public policy as applied in domestic matters, and has not been used in commercial case law other than exceptionally, its scope and content are not precisely or exhaustively defined under Romanian law, and are determined by Romanian courts on a case-by-case basis, taking the precise circumstances of each case into account.
The submission to the jurisdiction of a foreign court by a Romanian company would be a valid consent to the jurisdiction of that court, subject to the terms of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the "Brussels I Regulation") and the Romanian Civil Code of Procedure.
It is recommendable for the relevant governing law and jurisdiction clauses in the finance documents to be explicitly accepted by the Romanian obligors in order to limit the risks of potential challenges by such obligors in connection with their consent thereto, mainly by reference to Article 10 of the Rome I Regulation.
Romanian courts would recognise and enforce a judgment given by an EU court against a Romanian company in accordance with and subject to the terms of the Brussels I Regulation and the Romanian Civil Code of Procedure.
Romania is also a party to the Lugano Convention on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed in 2007 and in force since 1 January 2010, and the recognition and enforcement of judgments given by foreign courts from non-EU Member State parties to the Lugano Convention shall be made subject to and in accordance with the terms of the Lugano Convention.
Judgments rendered by other non-EU courts against a Romanian company would be recognised and enforced by Romania courts without any retrial or re-examination of the merits of the underlying claim in accordance with and subject to the terms of the Romanian Code of Civil Procedure in the following circumstances:
Such judgments may not be recognised and enforced if:
Regarding foreign arbitral awards, Romania has been a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1961.
Because the finance documents in cross-border secured finance transactions with foreign lenders are usually in the English language, any such finance document would need to be translated into Romanian by a sworn Romanian translator (and must include such translator's statement that the translation is true and correct), and such translator's signature must be legalised by a notary public, in order to be filed with the Romanian enforcement officer and/or courts. Therefore, in order to avoid potential delays during enforcement, it is generally recommended that the secured lenders prepare such notarised Romanian translations of the finance documents prior to initiating the enforcement proceedings.
Also, since Romanian courts are not generally familiar with complex financing structures, significant matters in a financing context such as corporate benefit for individual obligors in the context of multi-obligor financing structures and the use of security agent structures have not yet been tested in front of Romanian courts, and should be carefully considered in the finance documentation. Additional complexities may appear in these scenarios in the case of challenges to the enforcement procedures, and also in connection with the proof of the applicable foreign law governing the main finance documents.
Under Romanian law, enforcement proceedings are suspended upon the commencement of insolvency proceedings, so secured lenders should also consider a potential application for insolvency of the relevant Romanian obligors once they start any sort of enforcement procedures, with such procedures being relative straightforward in Romania and sometimes used abusively by companies aiming to protect themselves against enforcement.
There are two rescue or reorganisation procedures outside of insolvency proceedings in Romania, available only to debtors undergoing financial difficulties (creditors are not able to propose them): the ad hoc mandate (Mandat ad-hoc) and the preventive concordat (Concordat preventiv). The ad hoc mandate is a confidential procedure initiated at the request of the debtor, and involves the appointment by the court of an ad hoc agent to reach an understanding between the debtor and one or more of its creditors. However, this procedure has a major downside, since it does not protect the debtor undergoing financing difficulties from enforcement actions. The preventive concordat is a court procedure allowing a debtor undergoing financial difficulties (which, although performing outstanding obligations, has a reduced liquidity level on the short term and/or a high long-term indebtedness level) to propose a recovery plan with the support of a court-appointed professional, subject to its acceptance by creditors holding 75% of accepted and uncontested claims, and ratification by the court.
However, such procedures are rarely used in practice. An improvement of the applicable Romanian legal framework regulating the pre-insolvency options available for the rescue of a company facing financial difficulties is expected in the context of the European developments in connection with the amendment of European directive 2012/30/UE.
As a general rule, the opening of insolvency proceedings against a company suspends all judicial and extrajudicial procedures or enforcement measures started by creditors against the insolvent company and its assets, and claims against the insolvent company can be pursued only within the insolvency procedure. However, the opening of such a procedure does not suspend any enforcement actions against third-party guarantors or security providers.
From a theoretical perspective, secured lenders may request the syndic judge to lift the stay of the enforcement proceedings and allow the sale of the mortgaged assets subject to their security package, subject to a number of cumulative conditions being met, essentially aimed at ensuring the necessary resources for the continuance of the insolvent company's activity. In practice, however, syndic judges rarely agree to such requests, arguing mainly that the relevant collateral is essential for the pursuit of the debtor's reorganisation.
Lenders secured with cash collaterals or mortgages over bank accounts are entitled to request the judicial administrator or the bankruptcy trustee (in the case of bankruptcy) to release for their benefit the amounts held in such accounts mortgaged in their favour. However, the judicial administrator/bankruptcy trustee may refuse to give effect to such request and use the respective funds, subject to the syndic judge's authorisation, and to grant the secured lenders adequate protection.
The opening of insolvency proceedings also triggers the freezing of the accrual of interest, default interest, penalties or any other amount whatsoever that can be added to the debts that have arisen before the commencement of the insolvency procedure (except when the asset subject to security interest is sold at a value higher than the secured claim registered in the table of claims based on the appraisal of the collateral, in which case the ancillary rights will continue to accrue up to the date the collateral is sold, and will be covered from the sale proceeds).
In the liquidation of the insolvent (bankrupt) company's assets, the secured lenders will be preferred in the distribution of the proceeds obtained from the sale of the assets covered by their security package, subject to the following claims first being satisfied:
In the claims of secured lenders exceeding the value of the collateral, the secured lenders will be deemed unsecured. The payment of such unsecured claims will be made in an insolvency/bankruptcy procedure in the following order of priority:
Claims under shareholder loans by shareholders that own at least 10% of the insolvent company's share capital or voting rights in the general meeting of shareholders qualify as subordinated claims under Romanian insolvency law and rank below all the other unsecured claims (except claims under free of charge acts, with the latter category also being deemed subordinated claims under the insolvency law).
In addition to the risks set out under 7.2 Impact of Insolvency Processes, the fraudulent transfers provisions under the Romanian insolvency law should also be considered. Pursuant to these provisions, the judicial administrator is entitled to challenge the guarantee/security interests granted by the insolvent company during a two-year period before the opening of the insolvency procedure if, inter alia, the purpose of the transactions was to conceal assets from creditors or otherwise prejudice their rights, or the company receives a consideration of significantly less value than the value provided by the other party.
Unfortunately, the relevant legal provisions in the Romanian insolvency law allowing a challenge by the judicial administrator/bankruptcy trustee of such operations entered into by the insolvent debtor within a two-year period before the opening of the insolvency proceedings are rather broadly and vaguely worded, and give the judicial administrator/bankruptcy trustee a certain discretion in filing annulment actions. Therefore, secured lenders should carefully consider the relevant legal provisions in the Romanian insolvency law when structuring the security package, in order to mitigate such risks.
Another risk resulting from lenders in connection with the opening of insolvency proceedings against Romanian obligors is related to the fact that clauses under facilities agreements pursuant to which the opening of insolvency proceedings against the borrower triggers the acceleration of the loan are null and void under Romanian law.
Other risks should also be considered, depending on the specificities of the security structure and package (eg, there may be complex discussions with the judicial administrator/bankruptcy trustee in connection with the registration of the receivables in the table of creditors in the case of legal structures using the security agent concept; the appointment of the final judicial administrator/bankruptcy trustee is key in ensuring the fair protection of creditors' interest in the procedure; and the appointment of the appraiser should be carefully scrutinised by the secured creditors, with the value of their secured claims depending on the value of the collateral in the appraisal report put together in the procedure).
Finally, the remarks under 6.4 A Foreign Lender's Ability to Enforce Its Rights are equally applicable in insolvency proceedings.
Project finance transactions made their debut in Romania in the first part of the last decade and were still in their infancy when the 2008 financial crisis hit. While Romanian credit institutions were relatively open to such structures for projects meeting certain criteria, unfortunately, not many successful project finance transactions were implemented on the Romanian market. The relatively low number of project finance transactions were mainly focused on the real estate, transportation and renewables sectors.
Such structures are not based on a specific legal framework, but rely on the general regulations governing professional credit activity in Romania.
Project finance under the form of public-private partnerships is subject to a special regulation, as approved by Government Emergency Ordinance no. 39/2018. Despite multiple attempts and updates to the PPP regime in Romania in the past (for further details on the special legal framework governing public-private partnerships in Romania, please see 8.2 Overview of Public-Private Partnership Transactions below), purely PPP transactions actually implemented on the Romanian market are also very rare, mainly due to the multiple shortcomings of the various sets of laws enacted on this topic. Circumstances are likely to change in the near future, as the initiation of PPP transactions in high-priority sectors is part of the official Governmental agenda, and the legal regime currently in force seems to be in line with the international practices on such matters on most of the important topics.
The Romanian Government has approved a list of PPP-dedicated strategic projects (principally in infrastructure and healthcare) proposed to be developed in the near future, and competitive procedures for the implementation of such projects are expected in the following years.
In general terms, under Romanian law public-private partnership transactions may be structured under either Government Emergency Ordinance no. 39/2018 on public-private partnerships (the "PPP GEO") or Law no. 100/2016 on works and services concessions (the "Concessions Law").
The PPP GEO (the legal enactment dedicated to public-private partnerships since 2002) is the dedicated legal framework for such projects and is deemed to be better than the previous legal regimes, offering a balanced and flexible legal framework for their implementation, in line with international best practices on this type of project. The residual weaknesses of the recently enacted legal framework include the treatment of the resulting liabilities as off-balance sheet liabilities (not yet achieved based on the discussions with EUROSTAT, and still depending on future legal amendments) and the need for professionals in the public sector who are knowledgeable in project finance as an essential condition of successful public-private partnerships implemented in Romania.
Under the PPP GEO, PPP projects are to be carried out by means of a project company that is owned entirely by the private partner (contractual PPP) or co-owned by the private partner and the public partner (institutional PPP). A condition for the applicability of the PPP GEO is that more than half of the revenue to be obtained by the project company should derive from payments of the public partner or other public entities, while the intervention of such public entities during the project construction/investment phase should be limited to a maximum of 25% of the project costs.
An essential condition for the success of a PPP under the PPP GEO is a very well-prepared feasibility study (a document that has to be carried out by the public partner and approved by the Government or local authorities, as applicable, prior to initiating the public procurement for the award of the PPP), which has to establish the project's bankability, provide for the intervention of third party public entities assuming payment obligations, and contemplate the main elements of the PPP contract, among other matters.
In terms of the bankability of the PPP project, the PPP GEO allows the private partner/project company to grant a security interest over the rights and receivables under the PPP agreement, and over the shares in the project company (although attention should be paid to the contractual clauses in the PPP agreement regarding the effects of the early termination of the PPP contract on the security package). Financiers may also benefit from guarantees or other obligations granted/assumed by the public partner (if such were provided for in the feasibility study). Additionally, failure by the private partner to comply with its obligations towards the financiers under the financing arrangements may theoretically trigger replacement of the private partner under the PPP agreement (if this is specifically set out under the PPP agreement).
There are no specific government approvals, taxes, fees or other charges specific to project finance transactions. However, underlying projects in regulated sectors (such as mining, energy or healthcare) may require approvals or certain formalities (including permitting/authorisations) before ministries or governmental agencies (for the oil and gas, power and mining sectors, please see 8.7 The Acquisition and Export of Natural Resources) and regulatory compliance. Real estate projects have a specific component of permitting (eg, building permits, urbanism certificates and ancillary endorsements) and require compliance with planning and zonal laws. For PPP projects, the remarks under 8.2 Overview of Public-Private Partnership Transactions apply.
Other than the relevant perfection formalities described under 5.1 Assets and Forms of Security and the specific formalities related to the award of a PPP contract in line with the European public procurement rules, transaction documents do not need to be filed with governmental bodies.
As concerns the governing law, while Romanian law governs the financing documentation in purely domestic project finance transactions, English law usually applies in cross-border project finance transactions. Security documents over Romanian located/registered assets (including receivables under Romanian law-governed contracts/insurance policies or bank accounts with Romanian banks) are governed by Romanian law.
The main pieces of legislation on oil and gas exploration and production are as follows:
The main piece of legislation regulating the power sector and midstream to downstream gas operations and markets is the Electricity and Natural Gas Law No. 123/2012, while Mining Law no. 85/2003 regulates the mining sector, with their implementation regulations.
The main regulatory bodies for the oil, gas, power and mining sectors are, among others, as follows:
Certain other regulatory authorities may have authority to issue permits in relation to various specific operations, including:
The typical issues that need to be addressed when structuring a project finance deal relate to the technical feasibility of the project as well as its economic viability, with the role of technical experts and consultants being crucial.
From a legal perspective, project financing documentation follows the usual general regime, restrictions and limitations as regards financing and security interest in Romania.
The project company is usually incorporated as a limited liability company, which allows sole shareholding and provides larger flexibility in terms of corporate governance as compared to a joint stock company.
The typical funding source for project financing is debt financing by means of bilateral or club/syndicated loans. Usual financiers include local banks and international finance institutions, such as the International Finance Corporation, the European Bank for Reconstruction and Development or the European Investment Bank. In a lack of large-scale projects (which translates into less interest from international lenders) and an underdeveloped loan secondary market, large syndicated financings are not the rule. Project financing usually consists of making different type of facilities available (eg, term loans, working capital, letter of guarantees, VAT financings), and the terms of facilities may vary depending on the phase of the project (development and/or operation). Security is generally taken over the shares in the project company together with all the assets of the project company (eg, financed assets, real estate, bank accounts and receivables).
Project bonds are not a common source of funding in project financings, but several bond issues have been carried out by active real estate developers in Romania in past years for financing their development and investment plans.
Occasionally in some projects, financing from foreign credit export agencies is also implemented in Romanian project finance transactions.
Similar to other jurisdictions, natural resources (mineral resources, oil and gas) in Romania are subject to the public ownership of the Romanian state, and the exploitation thereof can only be carried out under a concession agreement awarded by the National Agency for Mineral Resources, based on either the Petroleum Law or the Mining Law. Title holders may transfer their rights in connection with the concession agreement under farm-out agreements only with the prior approval of the National Agency for Mineral Resources.
Romanian law provides for equal treatment of private local and foreign investors applying to obtain concession rights in relation to mineral resources. However, foreign investors are required to incorporate a local subsidiary if they are awarded a mining/oil and gas concession.
There are no restrictions on the sale and export of processed mineral resources. Title holders under relevant concession agreements and, under certain conditions, companies that process or transport crude oil, gasoline, diesel or liquid ethane are authorised to sell and trade (including export) such products. However, generally, traders of oil and petroleum products need to obtain a trade certificate issued by the Ministry of Finance through its regional custom offices.
On the other hand, the wholesale and retail sale of natural gas may be carried out only by holders of natural gas supply licences issued by ANRE. There are also additional restrictions brought by a relatively recent legal enactment (Government Emergency Ordinance 114/2018 as subsequently amended in March 2019), as follows:
Based on a draft law in public consultation aiming to amend the Offshore Law, it is contemplated that the aforementioned restrictions will be removed in connection with offshore gas producers.
The main environmental laws that apply to projects are as follows:
The main environmental regulators and supervisors are the Ministry of Environment, Waters and Forests, the National Environmental Protection Agency and their local divisions.
Concerning health and safety, Law no. 319/2006 regarding work health and safety is the main piece of legislation covering all industries. The main regulatory body is the Ministry of Labour and Social Justice. Additional regulations and regulatory supervisory bodies may be relevant depending on the project – eg, in offshore oil and gas operations, Law 165/2016 on the safety of offshore petroleum operations transposing Directive 2013/30/EU offshore oil and gas operations and the Competent Regulatory Authority for Black Sea Petroleum Offshore Operations as supervisory authority.
No Islamic finance transaction has yet been implemented in Romania, and there is no specific policy in place for this type of financing.
There is no specific regulatory or tax framework in Romania for Islamic finance and, as far as is known, there are no expected developments in this regard. Islamic finance transactions will therefore be subject to the general legal framework that applies to all finance transactions.
No Shari'a-compliant products are used in Romania.
Since no Sukuk issuances have been carried out in Romania, there is no judicial precedent on the treatment claims of sukuk holders in insolvency, and there is no regulatory guidance in this regard.
There have not been any notable cases on jurisdictional issues, the applicability of Shari'a or the conflict of Shari'a and local law that are relevant to the banking and finance sector.
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My System:
8.6.0.GA.1153 Patch 8.6.0_P6
Is it possible to filter only incomming attachments?
So if "email@example.com" send an "*.zip" to "firstname.lastname@example.com" it should be blocked.
But if "email@example.com" sends an "*.zip" to "email@example.com" it should go out.
Filter only incomming attachments
Discuss your pilot or production implementation with other Zimbra admins or our engineers.
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With the rank structure officers can see the commander and his
rank this will boost morale in the officers as they know that they are being
controlled by someone who knows what they are doing. He then uses his
experience and command and control to see where more police are needed, who
needs what equipment and who needs to push up. Because of the Command and
Control structure, leaders were able to control teams of officers and tackle
rioters in an organised way and with strategy.
Even under extreme pressures such as in the London riots, with the
rank structure and clear command and control the police force could still
maintain a foothold. The leaders who were on the scene used command and control,
they made strategies by using their experience and this is shown in their rank.
They wouldn't have gotten to that position without displaying excellence in the
field and proving they have good leadership and command.
Without someone high up in the rank structure to
organise/co-ordinate police teams and communicate to the separate teams of
officers where things are working or not, the police would undoubtedly lose
their control over the situation and rioters would spread to other areas
leading to possible deaths of officers and harm to civilians.
From there the operation of riot control would splinter in to
small battles of attrition, where in one street the police would be holding
back rioters, in other streets the rioters may have broken through.
Rioters would recognise that the police force is disorganised and
would exploit this, breaking police lines and furthering the chaos. With no one
to clearly report to the police would not be able to regain their footing and
then overwhelmed, losing control on the situation.
In this situation Command and Control was used to manage units by
making strategies and carefully planning. These units being police
officers, their equipment and vehicles. the rank structure ensured that
officers knew who to listen to and who they needed to work with. If the rank
structure wasn't present, contact with certain teams would become disorganised
which leads to poor performance.
Through the police response in the London riots, command and
control is shown to be very effective.
To create an effective system, the uniformed services employ a
rank structure. This rank structure ensures people know what they are doing and
who they are reporting to. Those higher up in the structure have more
responsibility and more power.
Uniformed Public Services use Command and Control systems in day
to day operations, so they can work effectively.


text:
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Legalize drugs essays Illegal drugs influence people every day of their lives. Illegal drugs affect people whether they are users themselves, drug dealers, victims of drug-related crime, or dealing with a friend or family member's addiction Illegal drugs influence people every day of their live.
Free essays Accounting essays; Architecture essays; Business essays; Coursework; Economics essays. but the children abused will also become drinkers or drug dependents, and they will also abuse at that time. In a family, the alcoholic women have a negative verbal conflict with her husband than a non-alcoholic woman has. This is a source of misunderstanding between family members, and the.
These essays, written by respected drug policy and research experts, shine a light on some key issues and challenges that face policymakers and those seeking ways to improve drug policy. The first issue, examined by Professor Susanne MacGregor, is how Parliament holds the Executive to account through the process of scrutiny. The next by Dr Neil McKeganey explores how language and framing can.
Examples 1-2 (Medical) Crime. Examples 1-2 (Crime) Drug abuse causes multiple problems for countries and communities.The medical and psychological effects are very obvious. Addicts cannot function as normal members of society. They neglect or abuse their families, and eventually require expensive treatment or hospitalization.


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Some students were taking classes online, while others couldn't. So the government scrapped the school year for all. But the move may just make educational inequality worse.
Monday 21 September 2020
nytimes - 2 month ago
Kenya's Unusual Solution to the School Problem: Cancel the Year and Start Over
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Your teeth need daily oral hygiene to prevent bacteria buildup erosion and infection that can cause cavities, stains, and eventual tooth loss. A beautiful smile is an equal feature that is attractive and the right care can assist in the upkeep of pearly whites. It is very important to meet up with a dentist on a scheduled basis for a complete dental checkup and speedy action to curtail future complications.
Processed foods, sugars and starches can cause acidity to collect from the oral cavities increasing the danger of decay and enamel degradation. Complaints related to poor dental hygiene comprise heightened sensitivity when consuming cold or hot goods and increased formation. Many teeth and gum related issues can be prevented with an awareness of the care efforts and the assistance of a dentist.
So just how do you find among the decent ones?
Well, you can pretty much rule out the yellow pages for attempting to find a skilled dentist. Why? Well because the yellow pages are only a group of advertisements. It tells you nothing about the caliber of the dentist who placed the ad. Most of the dentists you would like to avoid have the most incentive to advertise in the yellow pages since they always need to be advertising to acquire more and can't appear to continue to patients.
Initially, you have to consider his educational history. A dentist who has gained knowledge and skills in dentistry will able to identify the problems and fix them. You need to be certain that he or she knows how to perform dental procedures in an ideal manner. Along with this, a good dentist should have the ability to spell out the procedures. As an example, if a patient is given just a few alternatives, a dentist has to be able to list the benefits and disadvantages of each option. This will enable the patient to make a choice. check them out here!
Expertise is considered among the most essential requisites for any type of job. You need to search only for experienced dentists because they'll have more skills and understand what procedures have to implement for a specific dental problem. Professionals will know dental devices and their programs.
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Properly, 1 method to finding a great dentist is to pull the Google search engine and search for something like"greatest salt lake city dentist" or"advocated salt lake city dentist" or whatever another city you're checking in. This will provide you a lot of dentists to start researching. And that is the research.
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A dentist has to be consulted for annual checkups and when pain and discomfort are noted in and around tooth constructions and gumlines. A professional will search for signs of corrosion, misalignment, gum health and signs of chronic illness. Early-onset of ailments such as cancer can be detected based on a detailed oral examination such as risk prevention plans.
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Google and Bing's epic battle for search engine domination is well known at this point, but there are also smaller names out there looking to revamp the world of information discovery. This panel will highlight Evri, a Seattle company developing a search platform that pulls content from news sites, blogs, and Tweets and sorts it for relevance, timeliness, and credibility.
Register on the MIT Enterprise Forum of the Northwest's website.