Author: Vasilescu Florin

Vasilescu Florin, autor la Quick Consulting

Divorce can be a challenging process, but understanding Romanian divorce law can make it much easier to navigate. Whether you’re considering divorce or in the midst of a complicated separation, our experienced Romanian divorce lawyers are here to guide you every step of the way. This article provides an in-depth overview of divorce in Romania, including types of divorce, grounds for divorce, and the process to help you make informed decisions.

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Types of Divorce in Romania

Romania recognizes different types of divorce systems, which can be categorized as follows:

1. Divorce Remedy
   This type of divorce focuses on the impossibility of continuing the marriage rather than assigning fault to one spouse. If the marriage has irreparably broken down, divorce can be sought without blaming one party for the separation.
2. Divorce as a Sanction (Fault-Based Divorce)
   In this system, divorce is granted due to the fault of one spouse. This could be due to behaviors such as infidelity, abuse, or financial irresponsibility. The innocent spouse can request the divorce even if the marriage has not yet become impossible to continue.
3. Mixed Divorce System
   The Romanian Civil Code uses a mixed approach, where divorce can be granted when there is both fault on the part of one spouse and irreconcilable differences that make the marriage impossible to continue. This system combines aspects of both the remedy and sanction-based divorce systems.

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Divorce Procedures in Romania

In Romania, divorce procedures are primarily governed by the Civil Code, which has evolved to streamline the process. Here’s how the divorce process works under Romanian law:

1. Amicable Divorce (By Agreement)

If both spouses agree to divorce and are able to resolve all relevant issues (such as child custody, property division, and spousal support), they may choose to divorce amicably. For simple cases, this can be done through a notary, bypassing the need for court intervention. However, if there are children involved, the divorce must still be filed in court to protect the children’s interests.

2. Contested Divorce

When one spouse does not consent to the divorce or disputes the terms of the separation, a contested divorce is necessary. This divorce type requires court proceedings and can involve issues like:

• Fault-based divorce (e.g., infidelity, abuse)
• Separation for at least two years
• Health reasons preventing the continuation of marriage

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Grounds for Divorce in Romania

Romanian law allows divorce on several grounds, depending on the circumstances:

1. By Mutual Consent
   If both spouses agree to divorce, they can choose the administrative route (at the Civil Status office or with a notary) or go to court if children are involved or other issues need to be resolved.
2. Fault-Based Divorce
   A spouse may seek divorce based on the fault of the other party, including:
   • Infidelity
   • Domestic violence
   • Financial irresponsibility
   • Addiction issues
3. Separation for Two Years
   If the spouses have been living separately for a period of at least two years, the marriage may be dissolved without requiring a fault-based divorce.
4. Health Reasons
   If one spouse’s health condition makes it impossible to continue the marriage, they can request a divorce.

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Legal Consequences of Divorce in Romania

Divorce in Romania has both non-patrimonial and patrimonial effects:

Non-Patrimonial Effects:

• Change of Name: After divorce, the spouse may revert to their maiden name unless they choose to keep the married name.
• Parenting Responsibilities: Both parents remain responsible for their children, including financial support and care, regardless of the divorce.
• Mutual Obligations: Even after divorce, some obligations may persist, especially those related to children or spousal support.

Patrimonial Effects:

• Property Division: The division of assets follows the applicable matrimonial property regime (e.g., community property). Assets acquired during the marriage are generally divided between the spouses.
• Spousal Support: In certain cases, one spouse may be entitled to alimony if they can prove financial need.
• Inheritance Rights: Divorce terminates any inheritance rights between spouses, meaning neither party can inherit from the other once the divorce is final.

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What Happens After Divorce?

Once a divorce is finalized in Romania, several key aspects must be addressed:

• Custody and Visitation: If children are involved, the court will decide on custody and visitation arrangements based on the child’s best interest.
• Property Division: The division of property must adhere to the marital regime agreed upon or established during the marriage.
• Spousal Support: Depending on the circumstances, the court may order alimony or other forms of financial support to ensure that both spouses are financially stable post-divorce.

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Why You Need a Lawyer for Your Divorce in Romania

While it’s not mandatory to hire a lawyer for every divorce case in Romania, having professional legal representation can significantly ease the process. Here’s why you should consider working with a lawyer:

1. Expert Guidance
   Divorce law can be complex, especially if issues like property division, child custody, or fault are involved. A lawyer helps ensure that your rights are upheld throughout the process.
2. Avoiding Legal Pitfalls
   Small errors in the filing of divorce petitions or missing documentation can delay your case or result in the rejection of your request. A lawyer ensures that all forms are correctly filled out and submitted.
3. Court Representation
   If your case goes to court, having a lawyer to represent you can be crucial. A lawyer ensures that your case is presented properly, helping you avoid mistakes that could jeopardize your chances of success.
4. Minimizing Stress
   Divorce is emotionally challenging, and having a professional on your side can reduce the stress by handling all the legal details.

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Our Legal Services for Divorce in Romania

At [Your Law Firm Name], we offer comprehensive legal services for clients going through a divorce in Romania, including:

• Consultation and Legal Advice: We help you understand your rights and options in your specific case.
• Amicable Divorce: We assist in facilitating divorce by mutual consent, including drafting agreements and ensuring the legal process runs smoothly.
• Contested Divorce Representation: We represent clients in court for contested divorce cases, ensuring your interests are protected.
• Child Custody and Support: We offer expert legal advice on child custody and visitation, ensuring the child’s well-being is prioritized.
• Property and Asset Division: We guide you through the complex process of dividing assets and liabilities after divorce.

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Contact Us for Expert Divorce Legal Services in Romania

If you’re considering divorce or already in the midst of the process, our experienced legal team is here to help. Contact us today for a confidential consultation, and let us guide you through every step of your divorce.

• Phone: [Your Phone Number]
• Email: [Your Email Address]
• Contact Form: [Link to Contact Form]

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Divorce in Romania: Your Expert Legal Guide for Amicable & Contested Divorce

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Seeking a divorce in Romania? Learn about the process, grounds, and consequences of divorce. Our experienced Romanian divorce lawyers are here to provide expert guidance on amicable and contested divorce cases, child custody, and property division.

Vasilescu Florin, autor la Quick Consulting

Starting a business in Romania is an exciting opportunity for both local and foreign entrepreneurs. Whether you’re setting up a Limited Liability Company (SRL) or an Authorized Natural Person (PFA), the process requires expert legal guidance to ensure compliance with Romanian laws. As experienced business lawyers, we can streamline your company registration, handling all the necessary paperwork, registrations, and legal formalities, so you can focus on growing your business.

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Key Laws Governing Company Formation in Romania

To establish a company in Romania, you’ll need to be familiar with the relevant laws and regulations, which include:

• Companies Act 31/1990 – Governs company registration and operation.
• Law No. 297/2004 – Capital market regulations.
• Law No. 26/1990 – Trade Register regulations.
• Law No. 346/2004 – Stimulation of small and medium enterprises.
• Civil Code (Law No. 287/2009) – General business law.

Understanding these laws is essential for ensuring that your company is set up in compliance with Romanian legal requirements.

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Step-by-Step Guide to Registering Your Company in Romania

1. Choose a Company Name

Before you begin, you must select a company name. Your company name will be followed by the acronym “S.R.L.” (Societate cu Răspundere Limitată) for a Limited Liability Company. To ensure the name is unique, you must check its availability and reserve it with the Trade Register.

2. Prepare the Required Documents

The documents needed for registering your company include:

• Application for Registration: Available for download on the official Trade Register website.
• Annex 1 for Tax Registration: Confirms your tax registration details.
• Statement Declaration: Signed by company associates or administrators.
• Name Reservation: A document proving the reservation of your company name.
• Agreement on the Use of the Name: If your company name includes specific words (e.g., “Romania”).
• Constitutive Act: This document outlines the purpose, structure, and operations of the company.

The Constitutive Act must include the following:

• Identification details of all associates.
• The company’s main object of activity, including the specific CAEN codes.
• Share capital: Minimum share capital of 200 RON.
• Management structure: Identify the administrators, their powers, and their roles.
• Shareholding structure: Specify the distribution of shares.
• Duration of the company: The default is indefinite, but it can be limited if desired.
• Dissolution and liquidation clauses.

3. Provide Proof of Registered Office

You must provide proof of the company’s registered office. This can be a lease agreement, an ownership deed, or an agreement to use a formal registered office at a law firm. We offer this service, allowing you to use our law office address as your company’s official registered office for a one-year term.

4. Deposit Share Capital

The minimum share capital for an SRL in Romania is 200 RON. You need to deposit this amount in a special bank account for your company. The bank will issue a receipt confirming the deposit, which must be included in the registration file.

5. Submit the Documents

Once all the documents are ready, submit the file to the Trade Register. The file must be properly organized, with all documents in the correct order and certified copies included. Be aware that any mistakes or incomplete information will lead to a rejection of your file.

The registration fee is between 122 RON and 200 RON, depending on the complexity of the registration.

6. Wait for Approval

After submitting the registration file, the Trade Register typically processes the documents in 2-3 working days. Once your company is approved, you can collect your official registration certificate within one business day (after 14:00).

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What Happens After Company Registration in Romania?

After your company is registered, there are several important next steps:

1. Accountant Services: Even if your business isn’t yet operational, you are legally required to have an accountant to manage your company’s finances.
2. Tax Registration: Your company will be registered with the National Agency for Fiscal Administration (ANAF) for tax purposes.
3. Business Licenses & Permits: Depending on the business activity, you may need specific licenses or permits to operate legally.

Foreign Investors: Special Considerations

If you are a foreign investor, registering a company in Romania is a highly attractive option due to its low tax rates and access to the European Union market. Our team can assist you with:

• Foreign Capital Registration.
• Tax Registration and other necessary formalities.
• Virtual Office Services: For foreign entrepreneurs who prefer not to lease physical office space initially.

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PFA (Authorized Natural Person) Registration

For self-employed individuals, PFA registration is a simpler alternative to establishing a company. A PFA can be used to carry out business activities under your name.

Requirements for PFA Registration:

• No accountant required: You can manage your own accounts (entry-output bookkeeping).
• Maximum 5 CAEN codes: You may choose up to 5 business activities.
• Proof of Qualification: You must have the necessary qualifications or experience for the profession you’re operating in.

Documents needed for PFA registration include:

• Application for registration.
• Annex 1 for tax registration.
• Proof of professional premises or workplace.
• Identity documents (ID or passport).
• Declaration confirming compliance with legal conditions for the activity.

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Why Choose Our Law Firm for Company Registration in Romania?

Our professional legal services ensure that your company registration process is smooth, efficient, and fully compliant with Romanian law. Here’s why entrepreneurs trust us:

• Expert Legal Advice: We help you choose the best legal structure for your business, whether it’s an SRL or PFA.
• Efficient Company Formation: We handle all the paperwork, registration processes, and legal formalities, ensuring your company is set up quickly and correctly.
• Post-Registration Services: From tax registration to ongoing legal compliance, we provide comprehensive services to support your business’s growth.
• Virtual Office Services: We offer the option to use our law firm’s address as your official company address.
• Tailored Solutions for Foreign Investors: We specialize in assisting foreign clients with company formation, tax registration, and compliance.

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Get Started with Your Company Registration Today

If you’re ready to establish your business in Romania, we’re here to help. Whether you’re an individual entrepreneur or a foreign investor, our legal team provides tailored support for all your company formation needs.

Contact us today for a free consultation and take the first step toward launching your business in Romania.

• Phone: [Your Phone Number]
• Email: [Your Email Address]
• Online Form: [Link to Contact Form]

Let us handle the legal complexities so you can focus on what matters most: growing your business.

Vasilescu Florin, autor la Quick Consulting

Starting a Business in Romania: Cost-Effective Solutions for Entrepreneurs

Attorney Fee: 200 EUR

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Why Choose Romania for Your Business?

Romania is quickly becoming one of the most attractive business destinations in Europe. It offers a favorable tax environment, especially for micro-companies, with one of the lowest corporate tax rates in Europe. Micro-companies with annual revenues up to €60,000 benefit from a corporate tax rate as low as 1%, and the dividend tax is just 5%.

If you are looking to establish a business in Romania, our law firm can help guide you through every step of the process, ensuring a smooth and efficient setup.

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Types of Companies You Can Establish in Romania

When registering a business in Romania, foreign investors can choose from several company structures, including:

• Limited Liability Company (SRL): The most popular and straightforward business structure for small to medium-sized businesses, requiring a minimum capital of just 200 RON (approximately 40 EUR).
• Joint Stock Company (SA): Suitable for larger businesses or those wishing to raise capital through shares, with a minimum capital of 25,000 EUR.
• Romanian Branch or Subsidiary: Foreign investors can set up a branch or subsidiary under the name and legal structure of their parent company.
• Representative Office (Liaison Office): This non-commercial entity is designed for marketing and promotional activities but cannot engage in direct business operations.

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The Company Registration Process in Romania

Opening a company in Romania is straightforward, especially with the assistance of our expert legal team. The registration process involves the following steps:

1. Choosing and Reserving a Company Name:
   You will need to choose a unique name for your company and reserve it with the National Trade Register Office (ONRC). We will help you select and reserve three potential names for approval.
2. Preparing the Necessary Documentation:
   Our team will assist you in preparing the necessary documents, including:
   • Articles of Association and by-laws
   • Shareholder details (name, nationality, and country of residence)
   • Proof of the company’s registered office in Romania
3. Submitting the Registration Forms:
   Once all documents are in order, we will submit them to the Trade Register and represent you throughout the process. Once approved, your company will receive a Unique Registration Code (CUI), officially recognizing it as a legal entity.
4. Opening a Company Bank Account:
   After registration, your company will need a corporate bank account. We will guide you through this process to ensure compliance with local regulations.

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Costs for Registering a Company in Romania

• Attorney Fee: 200 EUR
• Minimum Capital: 200 RON (approximately 40 EUR) for an SRL
• Additional Costs: Depending on the nature of your company, you may incur additional fees for notarial and registration services, as well as the cost of office space or a virtual office.

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Key Advantages of Opening a Business in Romania

• Low Taxes for Micro-Companies:
  With a 1% corporate tax rate and a 5% dividend tax, Romania offers one of the most business-friendly tax environments in Europe.
• Quick Company Registration:
  The company registration process typically takes just three working days from submission of the necessary documents.
• Foreign Ownership and Management:
  Romania imposes no restrictions on foreign ownership. Both foreign and local shareholders and directors are allowed to establish and manage companies in Romania..

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Virtual Office Services in Romania

To help foreign investors with company formation, we also offer virtual office services, which include:

• Mail forwarding
• Local phone numbers
• Professional secretarial services

These services are perfect for investors who want to establish a presence in Romania without needing a physical office.

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Why Choose Our Law Firm?

We offer comprehensive legal services to support foreign investors in establishing a business in Romania. Our services include:

• Company Name Reservation
• Drafting of Articles of Association and By-laws
• Submission of Registration Documents
• Representation at the Trade Register
• Virtual Office Solutions

Our experienced legal team will guide you through each step of the company formation process, ensuring that your business complies with Romanian regulations.

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Contact Us for a Free Guide on Setting Up Your Romanian Company

Need more information on starting a business in Romania? Download our free guide, which covers:

• Setup costs
• Required documents
• Legal procedures
• Taxation information

Alternatively, feel free to contact us directly to discuss how we can assist you in registering your company and taking full advantage of Romania’s favorable business climate.

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Frequently Asked Questions (FAQs)

Q: How long does it take to register a company in Romania?
A: The registration process takes approximately 3 working days once all necessary documents are submitted.

Q: What is the minimum capital required to open an SRL in Romania?
A: The minimum capital for an SRL is 200 RON (approximately 40 EUR).

Q: Can a foreign company be a shareholder in a Romanian company?
A: Yes, foreign companies can be sole shareholders in a Romanian SRL or can have joint shareholders with other entities or individuals.

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Conclusion

Romania offers an excellent business environment, low tax rates, and a streamlined company formation process. Whether you are planning to open a small company or a large corporation, Romania provides numerous advantages for foreign investors. Our law firm is here to assist you through every step of the process.

Contact us today to learn more about how we can help you establish a business in Romania and take advantage of the country’s favorable tax regime.

Vasilescu Florin, autor la Quick Consulting

SRL (LIMITED LIABILITY COMPANY)

I. Please insert 3 company names in the order of your preference:

II. Please insert the full name(s), share percentage(s) and address(es) of the shareholder(s):

Name	Share Percentage %	Address (If the shareholder is a legal entity, please write the registration and VAT numbers as well)
1.
2.
3.
4.

*Note: If the shareholders are legal persons, please enter their name(s) and registered headquarters).

III. Please insert the full name(s) and address(es) of the administrator(s):

Name	Address
1.
2.
3.

*Note: Administrators are persons empowered to act in the company’s behalf.

IV. Do you want a virtual office (for registration purposes only) 500lei/year

YES NO

If you have a property, the property title and the identity documents of the owners are required. In the case of apartments, the consent of the neighbors and the owners’ association is mandatory (if any).

Neighbors’ consent is not required for houses.

V. Please list the activities of your company or CAEN code:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

VI. Please send scanned or faxed copies of the (ID) passports of all shareholders and administrators to florin.vasilescu@consultantarapida.ro

Vasilescu Florin, autor la Quick Consulting

Price: 200 EUR (attorney fee)  

For our parteners: 55% discount for a Romanian website Package: DOMAIN + WEBSITE PROGRAMER+WEB DESIGN (recommended to show local substance) – (ONLY 289 EUR)

by Acorex

A business in Romania can be registered in ONRC by both natural and legal persons. The Romanian companies (LTD) are registered with their own bank accounts and with a minimum of 200lei share capital, they can own their assets and configure their own management structure. At the same time, any local business must have a registered office in Romania.

ROMANIA IS THE PARADASIE TAXES IN EUROPE FOR MICRO-COMPANY (Above 60.000 EUR): Up to 1% corporate tax and 5% dividend tax.

Click to see our free guide to forming a Romanian Company, containing information for the setup of Romanian branches and representative offices, joint stock and SRL companies. The guide offers details on setup costs, procedures, documents and requirements. It provides information on the procedure and requirements of opening a company in Romania, the costs associated with the registration procedure, as well as on the documents that have to be submitted with each particular institution. Contact us to find out how to register a Romanian Micro-Company and pay 3% tax!

A foreign company can be sole shareholder (if LLC) or the foreign company can be shareholder together with at least one other shareholder which can be legal entity or private person (if joint stock company). To open a company in Romania, the most common way is by registering a limited liability company (societate cu raspundere limitata – SRL in romanian). Companies in Romania can also take the form of partnerships and joint stock companies, which are commonly incorporated in this country. Depending on the nature of the activity developed here, these companies that can also be liable for the payment of VAT in Romania.  In order to open a Romanian company, it is necessary to register it with the National Trade Register Office, an institution which operates under the Chamber of Commerce and Industry in Romania. This body, the National Trade Register Office, is set up as a public institution that gathers data on all companies that are registered at a national level.  You can get more information about company formation in Romania from Avocat.ro, an excellent online resource.   

Our Romanian law firm can help local and foreign investors throughout all the procedures related for the registration of a local business. 

 We will reserve a company name at the National Trade Register on your behalf; you have to think about 3 possibles names

 We will draft a file with the following documents:

– the articles of association and by-laws of your future Romanian company.Our team of lawyers in Romania can also assist on the below mentioned procedures (or they can represent the investors throughout each incorporation step):  

-declarations and offical forms

• offer a suitable company office that is necessary for the registration formalities (also, our law firm is able to provide virtual office services in Romania, including: mail forwarding, local phone numbers and secretarial services);
• submit company documents with the local Trade Register and represent investors in front of the Trade Register judge.

How long does it take to open a Romanian company? 

 The procedure of company formation in Romania will take three working days (this is calculated since the date in which all the necessary documents are in our possession). In order to register a limited liability company, the necessary minimum share capital is of EUR 40, (200lei) while for a joint stock company, the capital is established at EUR 25,000.  

What type of Romanian company should I create?

Foreign investors can open the following types of Romanian companies (structures): the Romanian subsidiary, the Romanian SRL, the Romanian representative office (liaison office), the Romanian branch. The representative office in Romania can be established only for certain types of activities; our team of Romanian lawyers can offer advice on the documents necessary to register a liaison office here.

How can an investor register a Romanian SRL?

 Since the Romanian SRL is the most common business form selected for registration in this country, we will present below the steps for forming this type of company. Prior to starting the registration process, the investors must gather all the documents and information required by the local authorities. Some of the most common information that must be presented upon the registration of a new Romanian business are the following:  

• personal information regarding the company’s shareholders, such as their names, nationalities, country of residence and date of birth;
• the name of the person who is appointed as a general manager;
• the company’s proposed name and the business activities that will be developed here;
• the participation of each shareholder at the company’s capital, the nominal value of each share and the percentage of shares owned by each shareholder;
• the company’s registered office (the proof regarding this information is done through various documents that attest the fact that the company operates in the given location). 

 The procedure of company formation in Romania starts by selecting a suitable company name. In order to do so, the investor has to reserve a company name by completing a reservation form, that will be then submitted with the Trade Registry. Following this procedure, the institution will issue a certificate (on the same day) that will certify the fact that the company name was reserved. This document is available only for a period of three months. Foreigners who are not residents of Romania may also register a business here, but they will need to declare on their own responsibility that they do not have any fiscal debts in the country where they reside. This document generally has to be submitted in original. If the document is written in a foreign language, a certified translation has to be added to the file, and this is done through a public notary.  Once all the required document are submitted with the Trade Register Office and after the institution will verify the applicant’s file, the company will receive a unique registration code (CUI). Formally, a company is recognized as a legal entity in Romania once it is registered with the Trade Register.  

Are there any other types of Romanian SRL? 

 Yes, the legislation in Romania provides an alternative to the Romanian SRL; this is represented by the Romanian SRL-D, which was designed to assist young entrepreneurs in starting a business. This business form is especially addressed to persons who have never been the associates or the owners of other companies in Romania or in any other country of the European Union (EU).  The SRL-D can be formed by maximum five shareholders and it can only enter specific types of activities. For example, the SRL-D can’t have as its business operations activities that are related to fields such as: insurance, gambling, real estate, tobacco or alcohol. Since this legal entity was designed to encourage the participation of young persons in the business environment, the advantage of the SRL-D is given by the fact that it can benefit from various governmental grants and tax exemptions.  

Is there vital information I should know related to forming a company in Romania?

Every type of Romanian company has its specifics and limitations. For instance, the Romanian representative office may only start marketing activities; it can’t be registered with the purpose of developing commercial operations. We recommend you to contact us before making a final decision.

What are the requirements for the shareholders/directors of a Romanian business? 

When opening a company in Romania, foreign investors are not imposed with any restrictions. Thus, a Romanian company can be set up by both local and foreign shareholders and there are no nationality restrictions regarding the company’s directors. Romanian law also allows corporate shareholders and directors.

NOTE: This is not intended to be a complete list of documents or a complete set of costs to set up a Romanian company . Contact us for in-depth information. Our Romanian law firm is prepared to assist foreign investors in any matter concerning the legislation regulating the activities of local businesses.  

Consultanta rapida (Quick Consulting) with affiliates all over the world. We salute our latest partnership with Company from Spain, French and Poland.

Vasilescu Florin, autor la Quick Consulting

Real Beneficiary Statement, according to the definition of the law and interpreting the will of the legislator namely: combating money laundering and tax evasion; in the sense of all the state wishes to have no citizens who do not assume the responsibility.

Real Beneficiary Statement Example

In the case of SRL, the associations and administrators declared that they were fictitious in those functions; another person operates in the company. In the case of NGOs, they were also formed by persons who subsequently disappeared, and the association was run by other persons. At the moment when a company / association is constituted at the moment the persons designated in the law: the constituent (s); trustee / fiduciarii; the protector (s), if any; the beneficiaries or, if the persons benefiting from the legal construction or the legal entity have not yet been identified; the category of persons whose main interest is the legal construction or legal entity; or the associates / administrators must give an authentic statement to the notary that they are real beneficiaries in the form of organization. (the management or founding positions, those who formed)

• a declaration will be submitted on its own responsibility, concluded in an authentic form; of the person making the application for registration, which includes the identification data of the real beneficiaries of the association; within the meaning of the regulations in the field of preventing and combating money laundering and terrorist financing.
• If the association is established, it must be submitted within 1 year of the law being published. (7 months left)

Associations

In the case of associations / foundations, we consider that all those who ultimately own or control the client and / or the natural person on whose behalf a transaction, operation or activity is performed. The beneficiaries are the persons concerned by the activity object of the organization; we consider that they wished there were no fictitious beneficiaries. For example, according to art. 4 paragraph 2 lit. c of Law 129/2019, in the case of legal entities such as foundations and legal constructions similar to trusts, the real beneficiary is the natural person (the natural persons) who occupies positions equivalent or similar to those mentioned in letter. b (such as, for example, the founders or the category of persons whose main interest is the foundation or functioning).

In the case of associations and foundations I submit a statement

members in the board of directors for associations; • the founders and members in the board of directors for foundations; • the persons with executive functions empowered by the board of directors of the association or foundation, pursuant to art. 26 and respectively, art. 29 paragraph (7) of the Government Ordinance no. 26/2000 regarding associations and foundations; • natural persons or, if they have not been identified, the category of natural persons in whose main interest the association or foundation was established or functioning; (e.g. natural persons receiving assistance, counseling, help, socio-medical, educational or cultural activities, including children, the elderly, persons with disabilities, etc.); • any other natural person who exercises ultimate control, by any means, over the association or foundation.

Real Beneficiary Statement In short

The associations and foundations have the obligation to declare their real beneficiary, either at the time of their registration in the Register of associations and foundations located at the registry of the court in which the constituency is to have its headquarters; either annually or whenever a change occurs regarding the identification data of the real beneficiary. The statement shall be communicated to the Ministry of Justice by a person empowered by the board of directors of the association or foundation and must be completed in authentic form.

Companies

In the case of companies such as SRL, the administrators and the associations must give this statement. The declaration is given in authentic form. Subsequently it must be submitted to the Trade Register in the form of a dementia file.

The declaration can also be submitted with the establishment file.

Vasilescu Florin, autor la Quick Consulting

If any person is endangered by physical or mental integrity by a family member, a provisional protection order and one of the measures may be issued: temporary removal regardless of the owner of the property right, reintegration of the victim into the family home, limiting use by aggressor of certain spaces in the home if possible, forcing the aggressor to keep a minimum distance, the prohibition for the aggressor to move to certain localities or certain areas that the protected person visits or visits regularly, the prohibition of any contact, including by telephone, through correspondence or in any other way, with the victim, obliging the aggressor to hand over to the police the weapons held, entrusting the minor children or establishing their residence.

Conditions Order of protection

In order to issue a protection order you must feel threatened psychically or physically by a family member. When the state of danger appears, the recommended police will be notified with a lawyer, if you need a lawyer you can contact us.

After a provisional protection order is issued by the police officers in service, based on the finding of the imminent risk, a protection order of maximum 6 months can be requested before the court.

Decision of the court

The judge makes a decision based on the evidence in the file, the pleading of the lawyers and the prosecutor’s proposal for admission or rejection.

The decision is given by a decision, in addition to the protection order, the judge can order the aggressor to support the rent and / or maintenance for the temporary residence where the victim, minor children or other family members live or are going to live because of the impossibility of staying in the family home and forcing the aggressor to follow psychological counseling, psychotherapy or may recommend taking control measures, performing a treatment or some forms of care, especially for the purpose of detoxification.

To win a trial, it is necessary that the entire complex mechanism be performed by a specialist, any of our lawyers are available to assist you if you contact us.

Vasilescu Florin, autor la Quick Consulting

Free lawyer? Is it mandatory to have a lawyer? For both questions, no! The lawyer belongs to a private law firm, there are no state lawyers, and the institution of the people’s lawyer defends the citizens in relation to the executive or the public authorities does not offer legal advice and will not represent you before the courts.

Must I have a lawyer?

Each law firm sets its fees according to the free market. Like any commercial activity, it is not free, and hiring a lawyer involves different costs than the fee such as: travel costs, courier, post, and for trips outside the locality it is charged per hour.

You can find free lawyer online, they are similar to the online medical treatments. There are sites with poor quality content. Much information may be inaccurate or outdated. On our site you can find the specialized doctrine. If you are not a specialist you will not misunderstand or interpret. Another free lawyer is on the forum. Around 2008 you could find out everything on a forum, often wrong. Nowadays forums still exist and are just as unlikely. The information provided is not verified by anyone. A free lawyer for people with disabilities is a necessity, but there is no one. The only way a disabled person can benefit from a free lawyer is through offices. That any person can apply to the bar together with an income statement.

When is a lawyer needed? Free lawyer? Must I have a lawyer?

There assistance is compulsory, and the state provides a formal free lawyer to carry out the procedure and the trial can continue.

The lawyer ex officio finds the day before the file and studies the file 30 minutes before the beginning of the hearing. Often the lawyer is poorly prepared, because he did not have time to study his file to make a procedural strategy. Most of the times unfortunately the ex-lawyer does not know how to say much in front of the court.

If you have a problem we recommend specialized help, you can try to handle them yourself, such as when we call a car service or an installer / painter, so we must accept that sometimes we need the help of a lawyer. In case you decide to accept the help of a lawyer, we are pleased to welcome you in our contact form.

Vasilescu Florin, autor la Quick Consulting

Conditionally freed is a procedure quite complex and certain conditions must be met. Assistance by the lawyer is obligatory, you can choose a lawyer ex officio but it has some disadvantages: you cannot choose it, its appointment lasts and delays the procedure, it is called a few days before the first term, read the file once on the day of the trial or even During the session, he does not have the time to prepare.

 We introduce the request that will be analyzed by a commission, prosecutor and will be approved by the judge. The conditions of conditionally freed of the criminal code must be met and the procedure according to the code of criminal procedure must be fulfilled. We are with you and we want to help you, you can find us by accessing one of the contact forms.
 In order to start a collaboration we must have a first consultation to determine if you are eligible or not, we need all the documents in the file where the person was convicted but especially the decision. If it is not possible to bring the documents, the contents of the file on the responsibility of the interested party in relation to the veracity of the information should be related to the luxury of detail.

Vasilescu Florin, autor la Quick Consulting

Arbitration a alternative dispute resolution private jurisdiction. In exercising this jurisdiction the parties and the arbitral tribunal may establish rules of procedure derogating from the general rules as long as they do not infringe the rules of public order.

Anyone with full exercise capacity can choose to settle disputes in this way. Exceptions are those causes excluded by law: marital status, capacity of persons, succession, family doctor, criminal, as well as the rights that the parties cannot have. The state and the public authorities can conclude arbitration conventions on the basis of international conventions, and the legal entities of public law that have in the object of activity economic activities can conclude conventions if the law does not prohibit them.

The arbitral tribunal

The arbitration may be organized by the arbitration agreement by one or more arbitrators. Generally 1 maximum 3 referees are chosen but never in number even. The arbitrator is chosen ad-hoc, by the method chosen by the parties, designated by a third party or each party chooses an arbitrator and they choose a 3rd superbiter who will be the president of the meeting. The arbitrator is invested in resolving the dispute and making a final and binding decision for the parties.

The tribunal is organized according to the arbitration convention, observing the imperative norms and rules of public order or according to the laws in force governing the arbitration.

The parties may establish that the arbitration be organized by a third party, in most cases a permanent arbitration institution is chosen.

The parties file applications and exercise the procedural rights personally, through a lawyer or they can be assisted by other specialists. In order to resolve any divergences regarding the arbitration procedure, the court in the constituency where the arbitration is organized will be notified, as well as the annulment of the arbitration decision.

The arbitrator can be any natural person, legal studies are not required. It is recommended to choose an arbitrator from the arbitration lists of the institutions or a professional in the field for example a lawyer.

The clauses that give one of the parties equitable advantages regarding the organization of the arbitration are void. Referees may be challenged in case of incompatibility.

Arbitration agreement

The written form is compulsory for validity under the sanction of invalidity. If it is concluded by correspondence it is validly concluded. In the case of disputes involving the transfer of property rights, the agreement is concluded in authentic form.

The arbitration agreement can be introduced in the form of a clause in the main contract or established in a different contract. The settlement of the dispute by arbitration excludes the use of other methods without the express agreement of both parties. The court will decline jurisdiction over arbitration but will retain it in the cases: the defendant has formulated his defenses without mentioning the arbitration agreement, the nullity of the arbitration convention, the court cannot be constituted by causes attributable to the defendant in arbitration.

Arbitration a alternative dispute resolution Procedure

The applicant submits an application to the arbitral tribunal communicating a copy to the defendant from the arbitration request. Within 30 days, the defendant shall submit a copy to the applicant together with a possible counterclaim.

The trial is conducted according to the normal procedures if the parties did not derogate from them without affecting the rules of public order.

The triunal checks the file and verifies its competence. The absence of a party does not prevent the settlement of the case. Evidence is administered and insurance measures are taken if appropriate. Each session can be attacked separately with action in the annulment.

The arbitration expenses are borne proportionally by the defendant and the applicant or the interested party. The arbitration decision establishes the final expenses and to what extent they are borne by the parties.

Arbitration a alternative dispute resolution Decision

The arbitral tribunal resolves the dispute through a decision by which the arbitrators are divested. The decision, completion and rectification of the decision may be requested by either party within 10 days.

Hotararea se comunica partilor ce pot ataca hotararea cu actiune in anulare pentru motivele:

the litigation was not susceptible to arbitration
the absence of an arbitration agreement
the arbitral tribunal was not constituted in accordance with the arbitration convention
the party was missing at the deadline at which the debates took place, and the summons was not legally fulfilled
the decision was pronounced after the deadline
the decision violates the rules of public order
the court ruled on some things that were not requested
The arbitral decision does not include the device and the reasons, date and place or signature of the arbitrators
if after the ruling the Constitutional Court has ruled on an exception related to the case

The arbitral decision is final and exempt from pronouncement like any other decision.