Legislation

Here are the main regulatory policies of the Romanian business environment, laws, ordinances, rules enforcement, legislative projects and other resources of interest to legislative business.

Whatever the object of activity, companies need to be permanently connected to new legislative business.

Whether we refer to the payment of taxes, duties, the provisions of laws, administrative problems in the sphere of business, those interested can access below a generous collection of legal resources.

Law accounting
Land Fund Law
Law. 414 of 26 June 2002 on tax
Law. 31 of 16 November 1990 on commercial companies
Law. 345 of 1 June 2002 the value added tax
Emergency Ordinance no. 77 of 18 June 2008 supplementing art. 3 of the Government Ordinance no. 32/1995 on judicial timbre
Competition Law
Law. 26 of 5 November 1990 on trade register
Law. 571 of 22 December 2003 on the Tax Code
Activities of the European Union - Internal Market
European Portal for SMEs
SOLVIT - Effective Solving problems in Europe
Europe, your opportunities for your business
joint report on the draft bill for the repeal of Chapter II of Title VII of the Law no. 571/2003 on Fiscal Code
Legislative Proposal to amend the Emergency Ordinance no. 110 of 21/12/2006 amending and supplementing Law no. 571/2003 on Fiscal Code
OMEF no.1969/2007 approving accounting rules for non-profit entitites from November 9th 2007 published in MO 846 bis on 10.12.2007
The Order of the President of the National Agency for Fiscal Administration no. 1490/ 2010 for amending the Order of the President of the National Agency for Fiscal Administration no. 1294/ 2007 regarding taxes, dues and other amounts making up the tax receivables, which shall be paid by taxpayers into a sole acount, with the subsequent amendments and additions.
Common Order MFP-MAI no.2052bis/1528/2006, published in MO 1032/27.12.2006 approving forms for collecting local duties and taxes, by local fiscal authorities

Legal conditions for the exercise of commercial activities in Romania

• The Constitution of Romania, since 1991 that defines the economy of Romania is a market economy and the state is obliged to ensure freedom of trade and protection of fair competition, acting law of supply and demand under which the property is protected and guaranteed private.
• Once these activities guaranteed by the general framework established by the Constitution, are defined laws governing the specific aspects concerning the establishment, approval and operation of companies, taxes (the amount, purpose), under the codes to define the general principles.

Procedure for changing the registered office

• Change of registered office of a company involves the statutory body responsible.
• In the decision of a general meeting of members / shareholders, will draw up an amendment to the constitution, and will update the memorandum, the new headquarters.
• Above documents will be submitted to the Trade Register within 15 days after its adoption, together with evidence of new headquarters (acts of acquisition, lease or convenient, as appropriate).
• If the new premises is held under a lease agreement with an individual, it should be reported in financial administration.
• If change of registered office in another county than where the company is registered, the first is the need to obtain evidence regarding the availability of the name of the Trade Register of the county where the new headquarters is located.
• If change headquarters in another county, the request for change of premises shall be submitted together with the documents mentioned above and proof of availability of name, Trade Register of the county in which the company is registered. Trade Register will verify compliance with conditions and in the event of approval, will forward the dossier to the Trade Register Office in whose jurisdiction the new headquarters is located. This will register the new company headquarters, giving the company a new registration number in the Trade Register.

The suspension of a company

• Activity is a temporary facility under the law firms, where, for various reasons, they want to stop for a limited period, economic activities subject of their activity.
• decision to suspend the work shall be adopted by the General Assembly of the members or shareholders, or the sole, as appropriate, if the constitution provides otherwise, and the maximum duration of inactivity may not exceed three years.
• Temporary inactivity be notified body responsible fiscal and must be entered in the Trade Register.
• Decision entry into temporary inactivity should not be motivated, and during inactivity, announced and registered under the law, the company has no obligation submission of the annual financial statements to the Register of Commerce.
• Termination period of inactivity is the statutory body responsible decision, and notified of the tax charged to the Trade Register.
• If the company does not record the request for termination of the temporary period of inactivity in the maximum three years provided by law, any person interested, and the Trade Register Office, may request the dissolution of the company and its deletion from the Register of Commerce.

Minimum capital of a limited liability company

• Minimum capital of a limited liability company is 200 lei.

Minimum capital of a company limited by shares (SA)

• For a limited liability company minimum share capital is 2500 lei.

Excluding a combination of a company

• Excluding a associated company can only be made if the company name in the collective, or simple partnership with limited liability and, if the partnership with the action applies only comandităţii members, not members comanditari. Associations (shareholders) of the joint stock companies which have paid shares can not be "excluded" from the operating mechanism of the capital and not being the person associates. Excluding acted in court at the request of any company or associate.
• Final exclusion decision shall be submitted within 15 days to trade registry office to be entered and the decision will be published in the Official Gazette.

Withdrawal from a combination LLC

• In a society with limited liability, the association may be withdrawn in the cases provided for in the memorandum, with the other members. If the memorandum does not provide anything on the withdrawal, or not done wi