Decree-Law no. 7/95/M
30 January
Considering the need to equip the legal system of Macao of an instrument that,
in a general and abstract set of monetary system;
In these terms;
Obtained the opinion of the Monetary and Exchange Authority of Macau;
Hearing the Consultative
Council;
The Governor decrees, pursuant. 1 of article 13. Organic Statute of Macau, as
law in Macau, the following:
Article 1. º
(Scope)
This law establishes the general bases of monetary emission in Macau.
Article 2. º
(Forms monetary)
1.
The legal tender in Macau consists of banknotes and coins.
2nd.
The coins include coins in current use, the specially designed commemorative and
collector coins to.
3rd.
The expression coins in current use those intended to ensure the needs of
circulation and facilitate the subsidiary shillings.
4th.
Commemorative coins contain engravings related to personalities, facts, or
ephemerides themes allude to that aim.
5th.
The coins specially designed collector coins contain the distinctive features
that the numismatic value as specimens.
Article 3. º
(Course legal and
discharging)
1.
The currency issued and circulated in accordance with the provisions of this
Ordinance as worth money in the Territory and must necessarily be accepted as
such by the respective operators, without prejudice to the following paragraph.
2nd.
No one may be compelled to receive any payment, coins in number over a hundred
units, regardless of the face value of the units concerned.
3rd.
Commemorative coins and collector coins specially designed to be used as means
of payment, with their compulsory acceptance at face value.
4th.
The currencies referred to in the preceding paragraph may be traded by value
higher than face value.
Article 4. º
(Local Currency)
1.
The legal tender in Macau pataca is abbreviated to MOP.
2nd.
Notwithstanding any law or regulation to the contrary, the use is permitted as a
means of payment in legal tender in other countries or territories.
Article 5. º
(Privilege and
responsibility issue)
1.
The privilege of issuing money belongs to the territory of Macau.
2nd.
Subject to the following paragraphs, the Territory has the exclusive right to
issue notes and coins are legal tender.
3rd.
The Territory may, however, procuring the privilege of issuing notes to banks
authorized to conduct its business in Macau.
4th.
Commemorative coins and especially of collector coins are issued by the Monetary
and Exchange Authority of Macau, abbreviated to AMCM, in accordance with its
statute.
Article 6. º
(Creation of Currency)
1.
The legal tender
is established by ordinance.
2nd.
In the act referred to in the preceding paragraph are defined types, and
quantitative characteristics of notes and coins.
3rd.
The notes indicate its value in figures and words, in Portuguese and Chinese,
the number and date of the statute that created and contain the signature, a
stamp, one or two representatives of the issuing entity in office at the date
issuance.
4th.
The coins contain the caption "Macao" in Portuguese and Chinese, their value, by
numbers, and their unity, in full, the same two languages.
Article 7. º
(Notes outstanding)
1.
Considered to be the outstanding notes that, by the Territory or by issuers in
performing functions agencied, are delivered to third parties and these remain
in power, without prejudice to n. 1 of article 10. º
2nd.
The responsibility of the Territory or entities agencied to issue restricted to
the notes in circulation, without prejudice to n. 2 of Article 10. º
Article 8. º
(Coins in circulation)
1.
The coins in current use are put into circulation by the Territory, directly or
through other entities.
2nd.
Commemorative coins and especially of collector coins are put into circulation
by the AMCM, which ensures its marketing.
Article 9. º
(Withdrawal of money from
circulation)
The coin is legal tender recalled by ordinance.
Article 10. º
(Exchange of notes)
1.
The Territory, by themselves or through entities agencied to issue fixed and
publicly announced, by notice published in the Official Gazette, the period in
which the notes are to be exchanged for any type or plate that will be withdrawn
from circulation.
2nd.
After the deadline set under the preceding paragraph, the notes cease to be
legal tender and are slaughtered movement persisted, however, to the entity
responsible for the issue, the obligation to receive and pay elapse until five
years from the date of
publication of the notice
in the Official Gazette.
3rd.
At the expiry of five years provided in the preceding paragraph, to cease
issuing the payment obligation, reverting to the Territory the importance of the
notes that have not been submitted for reimbursement.
Article 11. º
(Exchange of coins)
1.
The Territory fixed and publicly announced, by notice published in the Official
Gazette, the date of withdrawal of money circulation in current use, the date on
which it ceases to be legal tender.
2nd.
In the absence of longer-term fixation of the notice, one year after the expiry
of the period referred to above, continues to the entity responsible for the
issuance of coins required to pay submitted to him.
3rd.
At the expiry of the preceding paragraph, the current use coins no longer have
monetary value as a species may, however, be used for numismatic purposes,
decorative or industrial.
4th.
Commemorative coins and numismatic purposes designed to maintain indefinitely
the discharging power at face value.
Article 12. º
(Notes deteriorated)
1.
The notes are exchanged or redeemed deteriorated since its genuineness is
recognized by those who issued them.
2nd.
The valuation criteria applicable to the notes decayed and the process for its
replacement or refund is defined by the entity that issues them.
3rd.
Notwithstanding the preceding paragraphs, is allowed to refuse notes or damaged
entries not genuine as payment.
Article 13. º
(Counterfeit currency)
1.
Should be denied receiving any monetary form, as payment or deposit, for which
there is founded suspicion of forgery.
2nd.
Any public or private entity, since in the latter case, is subject to the
supervisory power of the AMCM has the duty to apprehend any suspected
counterfeit currency that will be presented, as well as take note of the
particulars of the respective holder.
3rd.
The seized currency is delivered to the Judicial Police as soon as possible, for
investigation and possible prosecution.
Article 14. º
(Offences)
1.
Subject to the applicable penal provisions constitute a misdemeanor, with a fine
of sanctioning 5 000.00 to 50 000.00 patacas, the following acts:
a) A
violation of paragraph. 2 of the previous article;
b) deterioration or willful destruction and unauthorized legal tender;
c) The inscription of letters, numbers, symbols or designs of any kind in the
notes or coins as legal tender;
d) The destruction, unauthorized, of coins legal tender, with a view to their
industrial use;
e) The reproduction, unauthorized, of legal tender.
2nd.
Notwithstanding the provisions in paragraph e) above, in duly justified
circumstances, including for advertising and educational purposes, the Territory
may authorize the reproduction or imitation of a coin.
3rd.
AMCM shall process the misdemeanors provided for in this article, the
application of the corresponding fines and seizure of reproductions, imitations,
plates, dies and other technical means used improperly, without prejudice to the
powers of the judicial authorities.
Article 15. º
(Foreign Currency)
The provisions of the two preceding Articles shall apply to acts committed on
the territory of Macau in respect of legal tender in other countries and
territories.
Article 16. º
(Coverage of the monetary
issue)
1.
The monetary emission must lie always covered by the existence of external
assets.
2nd.
Against notes put into circulation, the responsible entities should deliver it
to the Territory, or its designee, the equivalent in convertible currency, and
in return received their certificates of debt.
3rd.
The consideration referred to in the preceding part of the reserve currency of
the Territory, whose administration is for the AMCM under its statute.
Approved on January 26,
1995.
To be published.
The Governor Vasco Rocha
Vieira.