Pavel, Margarit & Associates Romanian Law Firm > Bucharest, Romania > Firm Profile

Pavel, Margarit & Associates Romanian Law Firm > Firm Profile

The firm: Pavel, Margarit and Associates Romanian Law Firm has over 17 years of experience and has been recognized on the market as a strong and respected firm that assists and advises both domestic and international clients, key players from different industries on complex mandates.

The law firm is characterized by international reach and the multidisciplinary approach that our team takes on all projects. Almost all of our projects are cross-border, working with Magic Circle firms and other leading firms from all over the world.

We assembled a team of highly skilled attorneys with extensive experience, eager to dedicate their time and best efforts, to provide high-end legal services, having the knowledge and ability to approach every transaction from start to closing, working side by side with our clients, to make sure that their objectives are fully achieved.

We reach to our clients by offering our legal know-how, competency and reliability throughout the process of adopting and implementing the most effective solutions and sophisticated strategies, with the sole purpose of protecting their interests. Furthermore, we believe that each customer should receive tailored services, in a timely manner.

Areas of practice: Pavel, Margarit and Associates Romanian Law Firm provides legal services in the following practice areas: corporate, commercial and M&A, banking, finance and capital markets, energy and natural resources, real estate and construction, dispute resolution, insolvency, restructuring and bankruptcy, intellectual property, employment and labour law and criminal law and white-collar crime, to mention the most important.

We advise on project finance, acquisition, business transfers, cross-border transactions, data protection, communications and IT, environmental law, regulatory legal services, to name a few.

Press Releases

Labor Lawyers in Romania. Non-compete clause in agreement

23rd February 2024 When it comes to labor law and employment in Romania, the employment contract in Romania is the main instrument that regulates labor law relations, establishing rights and obligations for both the employer and the employee.

Compliance Lawyer in Romania. Corporate Governance

23rd February 2024 Corporate governance compliance in Romania represents a set of rules, practices, and processes that regulate the management and supervision of a company in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates assisted a company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO rules in Romania

17th August 2023 The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a prestigious Romanian company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO (Romanian Standardization Association).

The Romanian Law Firm Pavel, Mărgărit and Associates assisted a company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO rules in Romania

17th July 2023 The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a prestigious Romanian company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO (Romanian Standardization Association).

The Romanian Law Firm Pavel, Mărgărit and Associates assisted an important company in the field of design and execution of electric and gas installations in order to conclude agreements with insolvent companies in Romania

11th July 2023 The Romanian Law Firm Pavel, Mărgărit and Associates assisted an important Romanian company in the field of design and execution of electric and gas installations in order to analyze the risks in regards to concluding agreements with insolvent companies in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Polish company whose object of activity is selling products online in order to analyze the terms and conditions under the contractual relation with the most popular online store of electronics and home appliances in Romania regarding the reimbursement of vouchers offered due to order cancellations

3rd July 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Polish company whose object of activity is selling products online in order to analyze the terms and conditions under the contractual relation with the most popular online store of electronics and appliances in Romania,

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Bulgarian citizen in order to recover the VAT paid on the purchase of a car in Romania

16th June 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Bulgarian citizen in order to recover the VAT paid on the purchase of a car in Romania by firstly analyzing the proof of acquisition,

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious company in the field of construction from Romania in order to resolve the dispute between the shareholders

6th June 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious company in the construction field Romania in order to obtain a favorable decision regarding the dispute between shareholders in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a leading foreign investor in developing a labor accommodation project in Romania.

6th June 2023 The Romanian Law firm Pavel, Mărgărit and Associates provides legal assistance to an important Indian investor in developing a labor accommodation project in Romania, mainly by drafting a due diligence report in Romania with respect to the property rights over two plots of land in Romania,

The Romanian Law Firm Pavel, Mărgărit and Associates successfully assisted a Portuguese citizen in order to conclude a sponsorship agreement in Romania

6th June 2023 The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a Portuguese citizen in order to conclude a sponsorship agreement with a foundation in Romania, the law firm mainly analyzing the contractual clauses regarding the duration, object, amount and value of the sponsorship in Romania, as well as any other elements in order to protect the client’s interests.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a prestigious company which has as object of activity the manufacture of metal structures and parts of structures in Romania in order to recover a debt

4th May 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a prestigious company which object of activity is manufacture of metal structures and parts of structures, in order to recover a debt from a Romanian debtor, representing the payment for the services and products provided according to the obligations established by the sale and purchase agreement in Romania.

Pavel, Mărgărit and Associates provides legal assistance to an important investor in an energy project of photovoltaic parks in Romania

27th April 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to an important investor in an energy project of photovoltaic parks in Romania in terms of legal, financing and project authorization matters.

The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance and representation to a prestigious Romanian company operating in the construction field in order to settle a dispute between shareholders in Romania

20th April 2023 The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal assistance and representation to a prestigious Romanian company that operates in the construction field in Romania in order to settle a dispute between shareholders in Romania, establishing the strategy to be followed in order to protect the company’s best interests. A lawyer specialized in commercial, corporate, real estate and construction law in Romania can assist you in that type of matter, ensuring that the shareholder’s rights in Romania are respected and taking into account the possible dispute between the shareholders in Romania which may arise as a result of the abusive actions of the other shareholder, which lead, in most cases, to the exclusion of the shareholder in Romania.

Pavel Mărgărit and Associates provides legal assistance in the sale and purchase for shares of an important company that has as object of activity the import and distribution of medical equipment in Romania

4th April 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to an important company which object of activity is the import and distribution of medical equipment in Romania in the procedure of sale and purchase for shares in Romania,  legal assistance including at this stage the analysis and reporting to the client of the most important aspects to be taken into account in the process sale and purchase for shares in Romania, mainly being about the financial analysis in Romania or the clauses on which the attention should be directed when the sale and purchase agreement for shares in Romania is concluded, a lawyer specialized in civil law, corporate law and commercial law in Romania being able to provide legal services, including reviewing the sale and purchase agreement for shares in Romania and the due diligence in Romania, in accordance with the interests of the parties.

Pavel Mărgărit and Associates provided legal assistance to the most recognized farm for production of organic consumer eggs in Romania in the sale to a Romanian investor of a project financed by European funds in the field of agriculture

28th March 2023 The Romanian Law Firm Pavel Mărgărit and Associates provided legal assistance to the most well-known farm for the production of organic consumer eggs in Romania in order to conclude a transaction with a Romanian investor, having as object a project financed from European funds in Romania. Legal assistance consisted in reviewing the sale and purchase agreement for shares in Romania, respectively the sale contract for the land related to the investment, as well as assistance and representation before the notary public in negotiating and signing agreements and other documents specific to transaction.

The Romanian Law Firm Pavel, Mărgărit and Associates assists and represents the largest Romanian company in the field of Multi-level Marketing in order to develop an online course platform in Romania

20th March 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to the biggest Romanian company in the field of Multi-level Marketing and information technology (IT) in Romania, in order to develop an online platform in Romania, in accordance with the legal requirements in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious property developer in Romania in order to amend the Zonal Urban Plan (PUZ) in Romania

20th March 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious property developer in Romania in order to amend the Zonal Urban Plan (PUZ) in Romania, taking into account the possibility of building a playground and a restaurant in Romania. Our Law Firm’s team of lawyers specialized in real estate and construction law in Romania could assist you in the procedure of amending the Zonal Urban Plan (PUZ) in Romania, being known that, on real estate and construction field in Romania, the technical documentation is complex, requiring specialized assistance in order to guarantee the achievement of the requirements imposed by the Romanian authorities.

Pavel, Mărgărit & Associates Romanian Law Firm assists one of the most prestigious German companies in the field of energy and construction on a quarterly monitoring of the Romanian legislation

20th March 2023 Pavel Mărgărit & Associates Romanian Law Firm assists one of the most prestigious German companies in the field of energy and construction on a quarterly monitoring of the Romanian legislation in areas of interest for the client, such as environmental law, real estate and construction, energy and natural resources, intellectual property, administrative-fiscal law in Romania and not only. Thus, the specialty assistance consists in the analysis of the previously mentioned practice areas, being highlighted, through a comprehensive legal research, the legislative updates in Romania, especially those changes that impact the client directly in the performance of his activity, occasion for which Pavel Mărgărit & Associates Romanian Law Firm recommends contacting a lawyer specialized in consultancy matters in Romania, considering the multitude of legislative acts in Romania as well as the need to interconnect and corroborate them, regardless of the field that is the subject of discussion.

The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in Real Estate and Construction area to foreign citizens who want to buy real estate properties in Romania

3rd March 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in real estate and construction in Romania to foreign citizens who wish to purchase real estate properties in Romania with the aim of acquiring the ownership right in Romania according to the current applicable law.

The Romanian Law Firm Pavel, Mărgărit and Associates assists and represents the largest naval company from United Kingdom in order to recover a debt from a Romanian debtor

3rd March 2023 The Romanian Law Firm Pavel, Mărgărit and Associates assists and represents the largest naval company from UK regarding the debt recovery in Romania, representing an advance on the sales agreement of an electric motor boat in Romania. A lawyer specialized in debt recovery and civil litigation can guide you in recovering sums of money in Romania, both in the stage of negotiations and later, during the procedural and processual stages, considering that often, the debtor’s bad faith, considering the non-execution of the contractual obligations, leads to a difficult and long-lasting process.

The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in the intellectual property area to a successful Romanian company which object of activity is Multi-Level Marketing (MLM) training and consultancy

15th February 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in the intellectual property area in Romania to a successful Romanian company which object of activity is Multi-Level Marketing (MLM) training and consultancy in order to obtain a favorable solution for the request of payment for violation of intellectual property rights in Romania on a software platform developed by the company.

The Romanian Law Firm Pavel, Mărgărit and Associates provided legal assistance to a Romanian citizen residing in Germany in regards to carrying out the necessary steps for the enforcement of the court decision on completing the civil status documents

7th February 2023 The Romanian Law Firm Pavel, Mărgărit and Associates has provided first-class legal services to a Romanian citizen residing in Germany, in order to carry out the necessary steps for the enforcement of the court decision in Romania regarding the completion of the civil status documents in Romania, respectively the marriage certificate in Romania, in which the names of the parents of the spouses were missing as a result of the procedure of transcription.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal advice to a prestigious Israeli company in order to draft an employment agreement in Romania

24th January 2023 The Romanian Law Firm Pavel Margarit and Associates provided legal assistance of the highest quality to a well-known company from Israel in the field of recreational and entertainment activities, in order to draft an employment agreement in Romania. The Law Firm’s assistance consisted, among other things, in drafting an employment agreement in Romania, taking into account the amendments made to labor legislation by Order no. 2171/2022 in Romania, the team, composed of lawyers specialized in civil law and the conclusion of employment agreements in Romania, establishing the conditions under which the employee in Romania undertakes to carry out his activity, in exchange for the payment of the salary rights. The Romanian Law Firm Pavel Margarit and Associates recommends contacting a lawyer specialized in civil law and conclusion of employment agreements in Romania, who can assist you in a drafting the employment agreement, considering the fact that, following the new amendments made to labor legislation by Order no. 2171/2022 in Romania, new mandatory terms of the employment agreement have been introduced, terms that must be included in the individual employment agreement in Romania, the non-compliance with them attracting important consequences in terms of the registration of the individual employment agreement in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal advice to a well-known Israeli company for the conclusion of a lease agreement in Romania

24th January 2023 The Romanian Law Firm Pavel Mărgărit and Associates provided legal assistance of the highest quality to a well-known company from Israel in the field of recreational and entertainment activities, revising a lease agreement in Romania that has as its object an immovable property in Romania from a prestigious area, in the center of the capital. The Law Firm’s assistance consisted, among other things, in removing the abusive clauses from the lease agreement in Romania, negotiating the terms of the lease agreement in Romania, as well as drafting the clauses that allow the lessee to work from home in Romania. A lawyer specialized in civil law, the conclusion of lease agreements and civil litigation in Romania can guide the client in the procedure for concluding a lease agreement in Romania by revising or drafting the clauses of the lease contract in Romania.

Pavel, Margarit and Associates Romanian Law Firm successfully advised an international American art, production and game development outsourcing company in drafting a legal opinion regarding the sole proprietor system in Romania as well as other fiscal and commercial aspects

24th January 2023 Pavel, Margarit and Associates Romanian Law Firm offered legal services to a major player in IT and tech industry from U.S.A. active in the field of computer programming activities services and online games in Romania, consisting in drafting of a comprehensive legal opinion covering both fiscal and commercial issues in Romania, regarding the system of the sole proprietors in Romania. The analysis consisted of extensive research in which were described, among other things, the advantages and disadvantages of the types of sole proprietors in Romania, the tax payment procedure for sole proprietors in Romania related to each system thus presented as well as the procedure for registering a sole proprietor in Romania.

Pavel, Mărgărit and Associates Romanian Law Firm successfully assisted a major IT company from Great Britain, which developed an online platform for recruiting in human resources (HR) industry operating worldwide. Our legal services included reviewing in the necessary documentation for the operation of the website, respectively Terms and Conditions in Romania, Privacy Policy in Romania, Cookie Policy in Romania, Contract Withdrawal Policy in Romania

24th January 2023 The Romanian Law Firm Pavel, Mărgărit and Associates, specialized in commercial law, GDPR, media and communications technology (TMT) in Romania, provided guidance to a UK IT company that developed a platform that automatically generates CVs for interested persons who fill in certain essential fields on the website where the platform is found, in reviewing the Romanian Terms and Conditions, as well as the Privacy Policy, documents necessary for the operation of the website where the platform is located.

Pavel, Margarit and Associates Romanian Law Firm successfully assisted a major Polish producer of household appliances to registration as a creditor following the opening of the insolvency proceedings in Romania against a Romanian Company which object of activity is the retail sale via mail order or via Internet

24th January 2023 Pavel Margarit and Associates Romanian Law Firm successfully assisted a major Polish producer of household appliances to registration as a creditor following the opening of the insolvency proceedings in Romania against a Romanian Company which object of activity is retail sale via mail order or via Internet in Romania. Pavel Margarit and Associates Romanian Law Firm has many lawyers specialized in insolvency, restructuring and bankruptcy in Romania who have carried out a detailed analysis of the creditor’s situation, the contractual relation with the debtor, as well as the existence of the debt as a whole.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully assisted the largest distributor of floating properties in the United Kingdom in the process of debt recovery regarding the sales agreement of an electric motor boat in Romania.

24th January 2023 The Romanian Law firm Pavel, Mărgărit and Associates has provided legal assistance to the largest distributor of floating homes and properties in the United Kingdom in order to recover a debt that constitutes the advance payment in the sales agreement of an electric motor boat in Romania. The Romanian Law Firm Pavel Mărgărit and Associates presents a variety of lawyers with top-tier experience in debt recovery and civil litigation in Romania, who can provide legal assistance in the field of debt recovery and civil litigation in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provided legal assistance to a Canadian citizen on the legal implications of the taxation of cryptocurrencies in Romania and how to calculate the revenues obtained from the transactions with cryptocurrencies in Romania

24th January 2023 The Romanian Law Firm Pavel, Mărgărit and Associates has provided legal assistance to a Canadian citizen regarding the questions on the taxation of cryptocurrencies in Romania, as well as the Romanian tax legislation for the revenues obtained from the transactions with cryptocurrencies in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in cryptocurrencies and virtual currency transfers in Romania in order to advise you on transactions with cryptocurrency in Romania, the taxation of cryptocurrencies in Romania or any other issues related to the Romanian tax legislation.

The Romanian Law Firm Pavel Margarit and Associates successfully assisted the only importer and distributor of the most popular brand of Premium paints in Romania against a Romanian company which object of activity is real estate construction and sale of wood products in Romania

24th January 2023 The Romanian Law firm Pavel Margarit and Associates successfully assisted the only importer and distributor of the most popular brand of premium paints in Romania against a Romanian company, which object of activity is real estate construction and sale of wood products Romania, in order to recover some amounts of money contained in the tax invoices bearing penalties and for the termination of using trademarks registered in Romania, as it’s stipulated in the distribution agreement of paints products in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal services to a prestigious American property developer regarding the conclusion of a design services contract in Romania of a residential complex in Romania

24th January 2023 The Romanian Law Firm Pavel, Mărgărit and Associates provided legal assistance to a major American property developer on Real Estate and Construction law in Romania, namely the revision of a design services contract in Romania regarding a residential complex in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal services to the first-rated travel agency in Romania regarding the conclusion of a lease agreement in Romania

24th January 2023 The Romanian Law Firm Pavel, Mărgărit and Associates has provided legal advice to the first-rated travel agency in Romania in order to review a lease agreement in Romania regarding a hotel on the Black Sea coast in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in civil law and concluding lease agreements in Romania, who can guide you in the procedure of concluding a lease agreement in Romania in accordance with the legal provisions in Romania.

Pavel, Margarit and Associates Romanian Law firm provided legal assistance to a UK company that offers consultancy services in Romania in regards to the risks to which the company may be exposed in the context of the significant changes brought to the Romanian Fiscal Code starting with 1st January 2023

24th January 2023 Pavel, Margarit and Associates Romanian Law Firm provided legal assistance to a UK company that provides consultancy services in Romania, consisting in the elaboration of a legal opinion on the amendments brought to the Romanian Fiscal Code since 1st January 2023 and the risks to which the client may be exposed, both from a legal and fiscal points of view.

What is the procedure of cancelling a promissory note and appealing against enforcement in Romania?

13th December 2022 Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the quality of enforceable title in Romania. Thus, if the payment obligation in Romania is not respected on the basis of the promissory note in Romania at maturity, the creditor is entitled to request directly the enforcement in Romania. Law no. 58/1934 also provides the way in which the cancellation of the promissory note in Romania and appealing against enforcement in Romania can be obtained. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in commercial disputes, cancelling promissory notes and appealing against enforcement in Romania who can guide you in the procedure of cancelling promissory notes in Romania and appealing against enforcement in Romania.

Legal Update

13th December 2022 The Romanian Law firm Pavel Margarit and Associates successfully assisted the only importer and distributor of the most popular brand of Premium paints in Romania against a Romanian company which object of activity is the production of doors in Romania.

Pavel, Margarit and Associates Romanian Law Firm successfully represented a Romanian company operating in the energy industry in order to reject an application for the opening of insolvency procedure filed in bad faith by a business partner

9th May 2022 Pavel, Margarit and Associates Romanian Law Firm assisted a major company in the energy industry, part of a well-known group with a high reputation on the international market, in an insolvency case following an abusive request of a business partner for opening the insolvency procedure. This request was, in fact, a way of forcing the company to pay a debt. In such cases, Pavel, Margarit and Associates Romanian Law Firm recommends to discuss with a lawyer specialized in insolvency, reorganization and bankruptcy law in order to legally reject the bad faith claim in Romania. Pavel, Margarit and Associates services included legal assistance and representation in front of the Court, drafting defences against the request of the creditor, drafting written arguments and other procedural documents for supporting client position, reviewing and submitting evidence for counter-arguing the insolvency arguments of the other party, reviewing and invoking case law for supporting client position. Pavel, Margarit and Associates successfully won the case in front of the first court. We exposed to the court that the company is not insolvent. Pavel, Margarit and Associates succeeded to prevent the opening of insolvency proceedings used by the creditor as a constraint to pay a claimed debt in Romania. Pavel, Margarit and Associates Romanian Law Firm represented creditors and debtors, clients from Romania and from abroad, having lawyers specialized in the field of insolvency proceedings in Romania and offering legal assistance and representation in successful projects in Romania. “We are happy to be ranked on the 3^rd place in Romania in the Insolvency and Restructuring area of practice by the International Legal Guide Legal 500 from London, UK. This is the recognition of our team of lawyer’s expertise in the insolvency, reorganization and bankruptcy in Romania.” said Radu Pavel, The Managing Partner of Pavel, Margarit and Associates Romanian Law Firm. In order to carry out the insolvency procedure, and especially to reject an application for opening the insolvency proceedings filled in bad faith, Pavel, Margarit and Associates Romanian Law Firm recommend addressing this legal issue to a lawyer specialized in insolvency proceedings in Romania in order to assist the creditors or debtors in front of the Romanian Insolvency Court. Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro

Pavel Mărgărit and Associates Romanian Law Firm advised the shareholder of a major Romanian green energy company, negotiating and resolving various disputes between the company’s shareholders on commercial and civil matters.

8th April 2022 Keywords: The Romanian law firm Pavel Mărgărit and Associates, lawyer specialized in corporate, commercial, mergers and acquisitions law, disputes between shareholders, misunderstandings of the shareholder of an LLC, exclusion of shareholder, dissolution of the company, negotiations between shareholders.

Legal Developments

Partition Action marriage partition divorce partition and partition in inheritance procedure in Romania

18th March 2024 According to the provisions of the New Civil Code, partition in Romania is the legal process to divide co-ownership in Romania or part the equitable interest in real property in Romania amongst co-owners.

Legal assistance in IT litigation, electronic commerce and GDPR compliance in Romania

18th March 2024 In the context of the significant expansion of the Information Technology in Romania (IT) field, there is a noticeable increase in the number of software services agreement in Romania and IT consulting in Romania frequently concluded among professionals active in this domain.

The Restructuring Agreement in Insolvency Procedure in Romania

11th March 2024 According to the new regulations, the restructuring agreement in Romania represents one of the latest insolvency prevention procedures in Romania introduced by the Insolvency Law 85/2014 in Romania,

What are the ways of acquiring ownership of real estate in Romania?

4th March 2024  According to Romanian legislation, the property right in Romania can be acquired through agreement, legal or testamentary inheritance, accession in Romania, usucaption in Romania,

Corporate lawyer. How to deregister a company in Romania?

4th March 2024 In Romania, the course of a legal entity begins by incorporating it at the Trade Register in Romania, it will carry out its economic activity, and then it will follow the closing phase of the company (company deregistration in Romania). There are several reasons for company deregistration in Romania, including the encounter of financial difficulties, the existence of a dispute between shareholders, professional reorientation (change of object of activity), the hypothesis in which an entrepreneur owns an inactive company in Romania and does not want to continue the activity, and others. The procedure of company deregistration in Romania includes the stages of dissolution of the company in Romania, company liquidation in Romania (winding up a company in Romania)and its deletion from the Trade Register in Romania. The Romanian Law Firm Pavel, Margarit and Associates, a corporate law firm in Romania is internationally recognized for its experience in company deregistration in Romania, which is why it recommends contacting a commercial law lawyer or a corporate lawyer in Romania who can help you deregister a company in Romania (liquidation process in Romania, dissolution of the company in Romania, deregistration of an inactive company in Romania, voluntary deregistration in Romania) and in submitting those necessary documents for company deregistration in Romania, following all the steps according to the legislation in force.

Gdpr lawyer in Romania. Excessive monitoring of personal data and sanctions in Romania.

16th February 2024 Any operation involving the registration, storage, or disclosure of personal data (GDPR in Romania) also involve a manifestation of the free and informed will of the person,

GDPR in Romania

16th February 2024 Protection of personal data in Romania. The right to be forgotten Personal data in Romania consist of any information that contributes to the individualization of a person and allows its identification.

Branch in Romania

16th February 2024 How to incorporate a branch in Romania? According to the Romanian Companies Law no. 31/1990, the branch in Romania is an entity without legal personality, being a dismemberment of a company in Romania.

Lease Contract in Romania

5th February 2024 Lease Contract in Romania According to the Civil Code, lease is the contract by which one party, called the lessor, undertakes to provide the other party, called the lessee, with the use of a property for a certain period in exchange for a price, known as rent.

Insolvency prevention in Romania

5th February 2024 Ways to prevent insolvency in Romania Insolvency in Romania is that state of a company in Romania when it is financially unable to pay its certain, liquid and exigible debts to creditors, regardless of whether they originate from commercial, labor or any other relations.

Interest on VAT refund claims in Romania

5th February 2024 The concept of tax disputes refers to disputes in which one of the involved parties is a public authority and the purpose of the litigation is either the total or partial annulment of an administrative act, or compelling the public authority to issue an administrative act or perform a specific administrative operation.

Interest on VAT refund claims in Romania

1st February 2024 The concept of tax disputes refers to disputes in which one of the involved parties is a public authority and the purpose of the litigation is either the total or partial annulment of an administrative act,

Reasons for dismissal in Romania

23rd January 2024

Dismissal for reasons not related to the employee in Romania

In the modern society, dismissal in Romania is a common process in the professional environment, being a cause of termination of employment relations.

What you need to know as a manufacturer and distributor of tobacco and electronic cigarettes products in Romania

22nd January 2024 The Tobacco Products Directive (TPD) represents a set of European legislative rules designed to regulate the marketing and manufacturing of tobacco products, as well as related products such as electronic cigarettes and their liquids in Romania.

Changing headquarters of a company in Romania

16th January 2024 The headquarters of a company represents an important identification factor as it serves as the official address of the company and is used for official correspondence, administrative, tax, and legal communications.

What aspects should you take consider into consideration when incorporating a company in Romania in 2024?

16th January 2024 According to the Romanian Law no. 265/2022 on the trade register and for the modification and completion of other normative acts with an impact on the registration in the trade register,

Fiscal changes regarding companies in Romania in 2024

10th January 2024 Starting in 2024, the Fiscal Code undergoes a series of modifications enacted by Law 296/2023 and Emergency Ordinance 115/2023. 

Statement of claim in Romania

5th January 2024 According to the provisions of Law no. 85/2014, to acquire the status of a creditor in the insolvency procedure in Romania, several steps need to be followed, including: notifying the creditors from the list submitted by the debtor,

Recovery of claims in insolvency proceedings in Romania

5th January 2024 According to the Romanian Law no. 85/2014 on insolvency prevention and insolvency proceedings, insolvency in Romania is that state of the debtor’s assets that is characterized by the insufficiency of the available funds for the payment of certain, liquid and enforceable debts.

Disputes regarding the reclaim of nationalized property in Romania

20th December 2023 The communist period, years 1945-1989, had a major influence regarding a constitutional right, namely the right of ownership in Romania, as properties were abusively taken over by the state.

Tax disputes in Romania: Appealing Tax Decisions and Administrative Tax Acts

20th December 2023 According to regulations in tax law in Romania, a tax decision and an administrative tax act can be appealed in front of the fiscal authority in order to analyze the validity and legality of the taken measures.

Disputes regarding neighbourly relations in Romania (delimitation of property boundaries, easement on property/servitude)

8th December 2023 According to the civil code, the private property right in Romania includes in its contents the right of possession, use and disposition of an exclusive, absolute and perpetual good, within the limits established by law.

Alternative dispute resolution in Romania

8th December 2023 According to Romanian legislation, there are methods by which a creditor can recover a debt or claim by resolving disputes without the necessity of initiating legal proceedings.

Disputes regarding severence of joint tenancy and partition action in real estate law in Romania

4th December 2023 The joint tenancy institution in Romania refers to that situation where two or more persons (tenants in common) have in joint property in Romania a certain asset, whether it is a movable or immovable property.

Real estate litigation with developers in Romania

30th November 2023 Most of the time, buying a new apartment in residential complexes from developers in Romanian takes place when the construction is still in the real estate development phase.

Civil disputes concerning contract cancellation in Romania

29th November 2023 The civil contract in Romania is concluded by agreement of the parties, being mandatory to respect the substantive and formal conditions imposed by the Romanian civil code.

Appealing the decisions issued by CNCI/ANRP in Romania

24th November 2023 The restitution of properties in Romania confiscated by the communist regime represents a condamnation of communist abuses and a form of material and moral reparation for unjust behavior.

What are the ways of recovering unpaid debts in Romania?

24th November 2023 In general, the right of claim arises from a legal relationship between the parties on the basis of a signed agreement.

Disputes regarding the right of ownership and real property in Romania

17th November 2023 From the perspective of forms of ownership, it is divided into public or private property. Private property is the right of the owner to possess,

Disputes regarding the individual employment agreement in Romania

14th November 2023 The individual employment agreement in Romania is the legal basis between the employee and the employer, which establishes what rights and obligations the contracting parties have.

Relevant aspects regarding consumer protection law in Romania

10th November 2023 The Consumer Protection Law No. 21/1992 in Romania aims to balance the relationships between traders and consumers, ensuring consumer rights in Romania through deviations from common contract and civil liability law and promoting informed contractual consent,

Termination and rescission of the agreement. Terminating the contract in a civil litigation in Romania

7th November 2023 According to the Romanian civil code, terminating the contract in Romania can happen in various ways, the main reason being, in general, non-compliance with contractual obligations.

Tortious action in Romania. Torts of negligence

2nd November 2023 The tortious action in Romania primarily aims to remedy harm resulting from torts of negligence, negligence of duty, negligence of duty at work, intentional negligence, willful negligence and willful misconduct while also aiming to instill a sense of proper and responsible conduct for citizens in Romania. Any individual who has discernment has the obligation to comply with these regulations and in case of non-compliance, the individual will be responsible for repairing the legal damages caused. Furthermore, a liability person with wilful negligence and wilful misconduct can respond in front of Court of law for legal liability in Romania and may be compelled through a tortious action in Romania and liability for damages may be engaged to redress harm caused by animals, defective products found in the care of the person responsible or the ruin of a building. The Romanian Law Firm Pavel Mărgărit and Associates provides legal assistance and representation in Court to secure a favorable resolution in a file involving torts of negligence in Romania, ensuring that legal damages are properly assessed and the person involved benefits from the protection from liability in Romania. On the other hand, in Romanian jurisprudence we frequently find tortious actions in Romania related to repair legal damages caused by willful misconduct or willful negligence in Romania and all kind of torts of negligence in Romania. In order to fulfill a tortious action in Romania several conditions must be met simultaneously, such as prejudice, illicit act, guilt and causal link between act and prejudice. A lawyer specialized in civil litigation and tortious action in Romania from The Romanian Law Firm Pavel Mărgărit and Associates can evaluate and determine if all these conditions are met and can act in consequence to protect the rights and interests of the client by introducing a tortious action in Romania. The Romanian Law Firm Pavel Mărgărit and Associates invites you to confidently use our services to assist you in a tortious action in Romania by completing the contact form at the address https://avocatpavel.ro/contact/. Tort liability in Romania establishes an obligatory relationship between the perpetrator of intentional negligence or negligence of duty and the victim, where the victim is the creditor of the obligation to repair legal damages, and the perpetrator of intentional negligence or negligence of duty is the debtor of this obligation. The obligation of a person with willful misconduct and willful negligence to repair the legal damages arises once the conditions of civil tort liability in Romania are met. The liability person can voluntarily repair the legal damages, thereby extinguishing the obligation. However, if not, through a tortious action in Romania, the creditor can request the court to decide regarding the repair of the damage, compelling the perpetrator to provide a similar good, repair the damaged property, or fully compensate the damage in money, calculated based on its extent and the date of the decision. A lawyer specialized in civil litigation and tortious action in Romania can provide legal assistance to identify whether there is a strong basis for a tortious action in Romania and can assist in gathering and documenting the necessary evidence to support claims in a tortious action in Romania. Additionally, debtors can benefit from legal assistance and representation provided by The Romanian Law Firm Pavel Mărgărit and Associates to defend their interests in cases of tort liability in Romania, including managing any actions or ongoing lawsuits that may result from legal liability. Tort liability in Romania places a strong emphasis on holding individual liability for negligence and intentional negligence. The Romanian Law Firm Pavel Mărgărit and Associates provides legal assistance in assessing limitations of individual liability, pursuing tortious actions in Romania, and protecting the rights of the liability person in cases of negligence of duty or negligence of work. Our lawyers specialized in civil litigation and tortious action in Romania are here to ensure that legal damages and individual liability for damages are appropriately addressed. Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.  

Procedure for filing bankruptcy in Romania

30th October 2023 Any company in Romania is established to carry out economic activity in Romania, but when it fails to meet its commercial commitments, certain legal procedures may intervene aimed at the recovery of economic activity in Romania or the immediate liquidation of the company in Romania,

Opening the insolvency procedure by the debtor in Romania

26th October 2023 The insolvency procedure in Romania and the procedure for filing bankruptcy in Romania can be initiated following a request filed to the Court by a debtor in Romania, one or more insolvency creditors, or by individuals or institutions expressly provided for by law.

Action in contractual civil legal liability in a construction dispute in Romania

25th October 2023 The Civil Code in Romania provides for the possibility of repairing the legal damages in Romania and engaging the civil legal liability in Romania in case of a construction dispute in Romania.

How to initiate insolvency procedure against a debtor in Romania?

19th October 2023 The insolvency procedure in Romania can be initiated as a result of a request filed to the Court by a debtor in Romania, one or more creditors in Romania, or by individuals or institutions expressly provided by law.

How to proceed when you are facing a foreclosure in Romania for a prescribed debt?

9th October 2023 The Romanian Law Firm Pavel Mărgărit and Associates, lawyer specialized in litigation foreclosure and appeal in foreclosure litigation in Romania,

How can you enter in Romanian e-cigarette market?

4th October 2023 Manufacturers of electronic cigarettes who want to operate on the Romanian e-cigarette market must consider some important aspects in order to carry out the entire activity in optimal and legal conditions.

What are the steps to follow for the valid conclusion of a sales agreement in Romania? Are the agreements concluded under private signature valid in Romania?

28th September 2023 Executive Summary: The Romanian legislation establishes a series of conditions regarding the conclusion of sales agreements in Romania. The Romanian Civil Code requires a certain form of conclusion of the sales agreement in Romania depending on the nature of the good whose property is transmitted.

Five ways a director (administrator) could be held personally liable in Romania – civil, criminal, debts, removal/dismissal or in case of insolvency

25th August 2023 The Romanian legislation provides a series of rules and obligations on the Romanian administrator regarding the conduct of his activity. According to the legislation in force, in Romania,

Event in Eastern Europe, Romania enacted the law on the integration of hydrogen from renewable sources in the field of industry and transport

17th August 2023 According to the new legislative changes in the field of renewable energy in Romania, an important event in this regard is the promulgation of the law on the integration of hydrogen from renewable and low carbon sources in the sectors of industry and transport in Romania.

What is your company current approach to litigation in Romania?

7th August 2023

•  In the business field, the emergence of a dispute in Romania can represent a significant challenge as it affects the Romanian company’s reputation, its financial resources and time.

The latest amendments in the field of energy and construction in Romania

17th July 2023 The construction of photovoltaic parks in Romania employing electricity from renewable sources in Romania have registered a significant increase recently,

How to request the termination of the promissory sale and purchase agreement of immovables properties with the re-establishment of the parties to their position prior to concluding the agreement in Romania?

11th July 2023 The promissory sale and purchase agreement of immovables properties in Romania, it is an agreement concluded in legalized form by means of which the owner of immovables in Romania undertakes to sell the property to the buyer in the future on an agreed date.

How can you proceed in case related to the liability of the administrator of a company in Romania?

3rd July 2023 The administrator of the company is responsible for all actions or failures to act, as per the obligations provided by the law and of the articles of association of the company.

What are the steps to follow in case of violation of the right to the protection of personal data ( GDPR )?

26th June 2023 Both national and European legislations guarantee the right to the protection of personal data to any citizen of state that is part of the European Union.

Amendments to the tax legislation in Romania regarding taxpayers’ obligations

16th June 2023 As a result of the changes to the tax legislation in Romania, taxpayers in Romania will be exempted from paying the differences in main fiscal obligations and ancillary fiscal obligations that were established by the tax authorities in Romania by means of a tax decision until the end of 2020,

New amendments in the field of energy in Romania

9th June 2023 The field of electricity in Romania is in a continuous development, which requireds periodical amendments to the Regulation on electricity in Romania.

New amendments to labour law in Romania starting with 2023

9th June 2023 Starting with January 2023, labor law in Romania has undergone a series of amendments.

What obligations must be fulfilled by traders for selling products and services on the Romanian market?

8th June 2023 In order to carry out commercial activities in Romania and to develop the distribution network of products and services on the Romanian market, the persons who have the quality of trader in Romania must comply with a number of rules regarding the labeling and packaging of products, indication of the selling price in Romania and indication of the quality and quantity of the products in Romania.

Photovoltaic parks in Romania. -Applicable legislation-

8th June 2023 Recently, due to the development of the energy and construction field in Romania, projects related to the construction of photovoltaic parks in Romania using green energy in Romania are increasing. 

What is the applicable legislation on discounts for products offered to consumers for sale in Romania?

8th June 2023 The Romanian legislation provides a series of rules and obligations for the trader in Romania regarding the way of indicating the prices of products in Romania offered to consumers for sale, considering that they contain discounts of the previously indicated price in Romania.

What is the procedure of dissolution/liqudation of a company in Romania?

27th April 2023 According to Law 31/1990, companies can cease their existence by several ways, among which we mention the procedure of dissolution and liquidation in Romania, the expiry of the period for which the company was established, the bankruptcy of the company in Romania. The Romanian Law firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in insolvency, restructuring and bankruptcy in Romania and a lawyer specialized in corporate and commercial law in Romania to provide legal services at the highest standards in regards to the procedure of dissolution of a company in Romania, liquidation of a company in Romania or bankruptcy proceedings in Romania.

What is the procedure for restructuring a company in Romania? What entails the reorganization of a company in Romania? Differences between restructuring and reorganization, the procedure that you can follow, guidance / recommendations from a lawyer

12th April 2023 Romanian Law Firm Pavel, Mărgărit and Associates would like to provide you information on restructuring and reorganization of a company in Romania, what is the procedure that  you can follow in such cases, what are the differences between the two procedures and what recommendations a lawyer specialized in insolvency,  restructuring and bankruptcy in Romania and a lawyer specialized in corporate law, commercial law, mergers and acquisitions, restructuring a company in Romania can provide you in this field. The purpose of initiating the proceedings is to modify the structure of a company’s assets and liabilities, which may involve corporate, operational and financial changes, which is why the Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in insolvency, restructuring and bankruptcies in Romania and  a lawyer specialized in corporate, commercial, mergers and acquisitions in Romania to provide you legal services at the highest standards, having expertise in advising companies in the insolvency procedure in Romania, merger, division and transformation in Romania, agreement with creditors in Romania or bankruptcy in Romania.

What is the spin-off procedure for a company in Romania?

4th April 2023 According to the Romanian Law 31/1990 on companies, when a company creates a new independent company by selling or distributing new shares of its existing business, this is called a spin-off procedure in Romania. A spin-off procedure in Romania is realized when the assets are transferred in totally or in part to a new or existing company. The spin-off procedure in Romania is decided by each company in Romania, under the conditions established for the amendment of the articles of incorporation of companies, by voting the plan for the spin-off in Romania. The Romanian Law firm Pavel Margarit and Associates recommends contacting a lawyer specialized in spin-off procedure, corporate and commercial law in Romania, who can provide legal assistance and representation in spin-off process in Romania, legal services consisting in drafting the legal documentation necessary for the spin-off, namely the representation before the competent authorities in the various stages of the process, as well as a lawyer specialized in commercial litigation in Romania, in case of objections to the plan of spin-off in Romania and not only.

What is the procedure for amending the zonal urban plan (PUZ) in Romania?

4th April 2023 The zonal urban plan (PUZ) in Romania is an important tool for the urban development of an area, containing detailed information about all the functions of the area, such as housing, green spaces in Romania, public institutions, services, etc. Through the zonal urban plan (PUZ) in Romania, a coherent and integrated urban development of the respective area is ensured in Romania, in accordance with the provisions of the general urban plan (PUG) of the involved area, establishing also specific rules or criteria for the constructions in Romania and the use of the land in Romania, in relation to the respective area. Given that there may interfere changes in the utility and use of the property, the need to amend the zonal urban plan (PUZ) in Romania may become necesaary, by drawing up the related documentation. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in real estate and construction law in Romania, who can guide you in the procedure of amending the zonal urban plan (PUZ) in Romania, being known that in the field of real estate and construction in Romania, the necessary technical documentation is complex, which not infrequently leads to the delay of the entire procedure.

How can you protect your intellectual property rights over the software platform that you have developed in Romania?

28th March 2023 The intellectual property right in Romania protects various forms of intellectual creations, such as trademarks, patents, literary works, artistic works, even computer programs (software) in Romania. In the contemporary society, more and more developers in the IT field Romania continue to advance in terms of software development in Romania. Given that the computer programs (software) in Romania represent intellectual creations in Romania, it is necessary to protect the copyright in Romania, giving the creator an absolute right to use and exploit the intellectual creation in Romania, respectively the computer programs (software) in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in intellectual property and copyright protection in Romania in order to ensure the protection of the software paltform in Romania developed by the creator and to guide you regarding the necessary steps to prevent the infringement of intellectual property rights in Romania.

How to establish the headquarter of the company at the lawyer’s office in Romania?

20th March 2023 According to the Romanian Law 31/1990 on commercial companies, the establishment of the headquarter of the companies in Romania is an important element for its functioning. The commercial companies in Romania that have difficulty in finding a place for their headquarter of the company in Romania may proceed to the establishment of headquarter of the company in Romania at the lawyer’s office, for maximum 1 year. The Romanian Law no. 51/1995 for the organization and practice of the lawyer’s profession provides that lawyers may temporarily host the headquarter of the company in Romania, based on a legal assistance agreement in Romania, which object is establishing the headquarter of the company in Romania at the lawyer’s office.

The Pavel, Mărgărit și Asociatii Law Society successfully assisted a Romanian company in the delisting procedure as a result of simultaneous dissolution and liquidation operations

14th March 2023 The Pavel, Mărgărit și Asociatii Law Firm successfully assisted a Romanian company that carried out business and management consultancy activities to be removed from the records of the competent Trade Register as a result of the simultaneous dissolution and liquidation procedure. The Pavel, Mărgărit și Asociatii Law Firm recommends using the services of a lawyer specialized in corporate law, commercial law, mergers and acquisitions who can advise you on the documents required for this procedure and assist you before the Trade Register in order to submit the documents and obtain the certificate deletion related to this operation.

The Law Firm of Pavel, Mărgărit și Asociații successfully assisted a Romanian-American IT company in the preparation of the necessary documentation for the sale of non-fungible tokens (NFT) in the private sale (private sale)

14th March 2023 The Pavel, Mărgărit și Asociații Law Firm , specialized in media and communications technology (TMT) , as well as blockchain, cryptocurrency and token/NFT sales in Romania, assisted a Romanian company, affiliated in the USA, operating in the field of the sale of cryptocurrencies and non-fungible tokens/tokens (NFTs), in the preparation of the necessary documentation for the token/NFT sale operation in the private (private sale) sale in Romania, consisting of the revision of the Token Sale Agreement, revision of the Terms and Conditions applicable to the private sale , from the perspective of Romanian legislation. Pavel, Mărgărit and Associates recommend using the services of alawyer specializing in technology, media and communications (TMT), blockchain, cryptocurrencies and NFTs, who can advise you on the drafting and/or review of such contracts in the IT and blockchain industry in Romania , including, without the limit to contracts for the sale of tokens/NFT in private rooms , as well as any other smart contracts for the provision of services in the field of information technology.

How to establish physician and hospital liability in malpractice cases. STATISTICAL DATA

14th March 2023 Every year, several hundred patients file complaints against doctors for alleged cases of malpractice. Doctors should inform themselves both about the responsibility of the medical act and about the way to take insurance measures or, in the last instance, to challenge the sanctions received in the courts, drew the attention of Av. Laura Scutaru, Managing Associate of the law firm Pavel, Mărgărit si Asociații, a law firm specialized in litigation and arbitration within the conference "Excellence in Medicine in Pharmacy", the 2nd edition, organized by the Bucharest Chamber of Commerce and Industry and Universul Legal.

How to challenge a final judgment at the ECtHR? The procedure before the European Court of Human Rights

14th March 2023 Any person who finds himself in a situation where a final decision damages his interests can challenge the final decision , following the procedure before the European Court of Human Rights . The law firm  Pavel, Mărgărit și Asociații from Romania  recommends contacting a lawyer specialized in litigation and human rights to guide you in the steps necessary to challenge a final decision before the European Court of Human Rights .

What is the legal regime of the Authorized Natural Person (PFA) in Romania?

14th March 2023 Although the choice of the type of Authorized Natural Person (PFA) existing in Romania seems to be at the free choice of the entrepreneurs, in reality it is influenced by the activity to be performed, more precisely, it is about the CAEN codes specified in Order no. 925/2017. The Romanian law firm Pavel Mărgărit and Associates recommends calling on the services of a lawyer specialized in commercial and fiscal corporate law, considering the fact that the type of Authorized Natural Person (PFA) existing in Romania and which will depend on the activity carried out will influence the entire r legal status of the Authorized Natural Person (PFA) in Romania , especially when it comes totax payment procedure by Authorized Natural Persons (PFA) in Romania.

The Romanian Law Society Pavel, Mărgărit și Asociații successfully assisted the largest manufacturer of household appliances originating in Poland, for the registration to the credit table as a result of the opening of insolvency proceedings in Romania against a Romanian company, which has as its object of activity Retail Trade through the order houses or via the Internet

14th March 2023 The Romanian Law Society Pavel Mărgărit y Asociatii successfully assisted the largest manufacturer of household appliances originating in Poland, in the opening of insolvency proceedings in Romania, by registering in the credit table in Romania against a Romanian company whose activity is Retail trade through through the order houses or via the Internet. The Romanian Law Society Pavel Mărgărit y Asociatii has numerous lawyers specialized in insolvency, restructuring and bankruptcies in Romania, who have carried out a thorough analysis of the creditor's situation, the contractual relationship with the debtor, as well as the existence of the claim as a whole.

What remedies are available to you against the decisions issued by the Cadastre and Real Estate Advertising Offices in Romania?

14th March 2023 The law gives the entitled person the possibility to request the registration of the property right over a property in the Land Register, regardless of whether he is the owner or the creditor of a claim against the owner of the property. If the Office of Cadastre and Real Estate Publicity issues a decision rejecting the application for registration, the interested person can file a request for re-examination against the rejection decision. Thus, a complaint against the refusal to register the property right against OCPI can be promoted. A lawyer specialized in litigation, real estate law and cadastre & town planningcan offer advice on the possibilities of challenging the decisions issued by the Office of Cadastre and Real Estate Advertising in such cases, as well as assistance and legal representation before the court of law if the request for review against the rejection decision is also rejected.

How to enforce a bilateral promise to sell?

14th March 2023 If you find yourself in a situation where you do not know how to act so that the advance given at the conclusion of the bilateral sale-purchase promise is returned to you, or you wish to obtain interest damages caused by non-compliance with the assumed obligations, you must consider the significance of the promise thus concluded , the existence of enforceability as well as the order of remedies that you can apply. The Pavel, Mărgărit și Asociații law firm recommends using the services of a lawyer specialized in commercial law, real estate law and commercial litigation because often the application of remedies is influenced by the provisions contained in the promise to sell-purchase the property, which is why an analysis is needed careful consideration of the clauses contained.

The assignment of the social parts of a company, possible only after a fiscal inspection

14th March 2023 Thus, according to the new provisions, the assignment of 50% of the social shares in a company, carried out within 12 months from the date of establishment of the company, can be carried out and becomes objectionable, only after the completion of the fiscal inspection carried out by the specialized bodies within the Agency National Fiscal Administration, fiscal inspection that will be carried out in a maximum of 30 days.

Project to amend the Fiscal Code and the Fiscal Procedure Code – changes for the regime of micro-enterprises

14th March 2023 In accordance with the Memorandum of Foundation of the Project, the following changes to the Fiscal Code and the Fiscal Procedure Code are proposed:

Pavel, Margarit and Associates Romanian Law Firm successfully assisted an employment recruitment agency from Nepal with the aim of obtaining the registration of a recruitment agency in Romania

14th March 2023 Pavel Margarit and Associates Romanian Law Firm successfully assisted a company from Nepal in order to obtain the registration of a recruitment agency in Romania that shall carry out employment recruitment agency activities in Romania.

Pavel, Mărgărit and Associates Romanian Law Firm assisted major investors from Italy in metallurgical and manufacturing industry on the entrance in the Romanian market.

14th March 2023 Pavel, Mărgărit and Associates Romanian Law Firm provided legal assistance services to the representatives of a prestigious Italian company in a project regarding the incorporation of a company in Romania whose main activity is the retail sale of hardware, paints and glass an object, including a large business area in Romania in terms of the trade of metallurgical products.

Pavel, Margarit and Associates Romanian Law Firm successfully represented a company from Slovakia that operates in the real estate and construction sector in order to recover its debt from a Romanian company

14th March 2023 Pavel, Margarit and Associates Romanian Law Firm successfully represented a company from Slovakia that operates in the real estate and construction sector in a litigation and debt recovery case in Romania that involved recovering a substantial debt as a result of non-performance of the debtor’s obligation to deliver the goods as agreed by the parties.

The Romanian Law Firm Pavel, Mărgărit and Associates successfully assisted a major Croatian company with global presence for over 70 years in the field of construction and infrastructure, in the insolvency moratorium procedure of a Romanian company recognized at national level in the field of construction.

14th March 2023 The Law Firm Pavel, Mărgărit & Associates, specialized in commercial litigation and insolvency, successfully assisted and represented a Croatian construction company in the insolvency moratorium procedure in Romania. Given that the company was not mentioned in the list of unsecured creditors, the law firm appealed the list of creditors, which was accepted by the insolvency practitioner named in insolvency moratorium procedure, and the company’s certain, liquid and due debt was registered in the list of creditors. The Romanian insolvency moratorium procedure promoted by the debtor company was managed by a well-known Romanian insolvency practitioner in order to manage the procedure.

How to conclude a share association agreement in the Information Technology (IT) field in Romania?

3rd March 2023 A joint venture agreement is a contract whereby a person provides, to one or more persons, a share in the benefits and losses of one or more operations that he or she undertakes. In other words, the joint venture agreement is usually concluded between practitioners in Romania, being a form of association between two or more persons, without acquiring legal personality. Intellectual property law, especially copyright, plays an essential role in terms of the benefits that practitioners have in Romania, which is why the Romanian Law Firm Pavel Mărgărit and Associates recommends using the services of a lawyer specialized in Intellectual Property Law, Corporate Law and Commercial Law in Romania, who can establish the conditions of the contractual relationship, rationalizing on the contributions of each shareholder, their activities, the management of the association as well as the way of sharing the results of joint activities. The conclusion of a joint venture agreement  in the field of information technology (IT) in Romania requires special attention regarding the clauses included, not infrequently, the evasive clauses being the cause of the disputes between the shareholders, this being the reason why the Romanian Law Firm Pavel Mărgărit and Associates proposes to outline the elements on which practitioners in Romania must be cautious when  establishing such a contractual relationship.

How can a Ukrainian or Foreign citizen be tax registered in Romania?

3rd March 2023 Tax registration in Romania is an essential requirement for individuals who owe taxes in Romania, whether it is a Romanian or foreign citizen with operations in Romania. According to the Tax Procedure Code, the tax registration in Romania is based on a tax registration number (TRN) in Romania, representing a numerical code that attests that the individual has been taken into the register of the tax authority in Romania and that he can declare his tax liabilities in Romania. Thus, a Ukrainian citizen can obtain a tax registration number (TRN) in Romania, in order to be able to pay taxes in Romania, even if he is not resident. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in tax law, tax registration and obtaining the tax registration number (TRN) that can guide any Ukrainian or foreign citizens in declaring tax liabilities in Romania and facilitate relations with the tax authority in Romania.

Why an insolvent company shall hire a lawyer?

15th February 2023 According to Romanian Law no. 85/2014, insolvency is a process by which a company does not have the payment means to pay certain, liquid and exigible debts in Romania. This situation can be solved by involving all creditors in the process and by carrying out the  procedures provided by the law. Therefore, the company may go through the judicial reorganization procedure in Romania in order to obtain a solution for debt recovery in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a specialized lawyer in insolvency, judicial reorganization and corporate law in Romania, who can guide and assist you in the insolvency procedure in Romania, respectively in the judicial reorganization procedure in Romania, for the possibility of obtaining a financial recovery with regard to the payment of certain, liquid and exigible debts in Romania to creditors.

When a bidder can be excluded from a public tender procedure in Romania?

15th February 2023 Public procurement procedure is the acquisition of works, supplies or services by means of a public procurement agreement in Romania that is concluded between one or more contracting authorities and one or more economic operators, regardless of whether the works, supplies or services aim to achieve a public interest or not. Any economic operator has the right to participate in the public procurement procedure in Romania in order to be granted a public procurement agreement in Romania, as a bidder or candidate, in compliance with qualification and selection criteria. According to the Law no. 98/2016 regarding public procurement procedure in Romania, the non-fulfilment of this criteria leads to the exclusion of the bidder from the public tender procedure in Romania. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a specialized lawyer in procurement and public tender procedures in Romania who can guide you in the procedure of public procurement in Romania with the aim of concluding public procurement agreements in Romania, according to the applicable law in Romania.

What to pay attention to when incorporating a company in Romania according to the new amendments of the Law regarding the Romanian Trade Register as of December 2022

7th February 2023 The end of 2022 brought substantial changes by means of Law no. 265/2022 regarding the Romanian Trade Register and for amending and supplementing other normative acts with an impact on the registration in the Trade Register in Romania. Among the amendments that you shall need to pay attention to when you register a company in Romania is the removal of the requirement for full payment of the share capital contribution of a limited liability company in Romania, the existence of a single standard affidavit regarding the fulfillment of the necessary formalities for the registration in the Trade Register in Romania and the removal of the requirement for the submission of the signature sample. The Romanian Law firm Pavel, Margarit and Associates recommends contacting a specialized lawyer in commercial law and registration in the Romanian Trade Register who can guide you in the procedure of company incorporation in Romania, preparing and submitting the necessary documents to the competent Trade Register in Romania.

New amendments to the Romanian legislation in order to simplify the construction of photovoltaic parks

24th January 2023 Starting with 13^th of January 2023, important amendments were made to the Romanian Law no. 50/1991 on the authorization of construction works in Romania, simplifying the documentation for obtaining the building permit for photovoltaic parks in Romania for the development of renewable energy projects in Romania on agricultural land located outside the cities in Romania. Romanian Law no. 21/2023 on authorizing the execution of construction works in Romania implements the new changes that favor the acceleration of the development of photovoltaic parks in Romania and of green energy in Romania with a significant period of time. The Romanian Law Firm Pavel, Mărgărit and Associates is recognized for first-class legal services in the field of energy law in Romania, respectively in construction works in Romania and obtaining the necessary authorizations for photovoltaic parks in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in energy, renewable resources, construction of photovoltaic parks, solar power, solar projects, solar power plants, solar energy parks, solar energy and construction in Romania who can guide you in the procedure of obtaining the authorization of construction works for the construction of photovoltaic parks in Romania on agricultural land located outside the cities in Romania.

How can a Ukrainian citizen buy an apartment in Romania?

24th January 2023 It is important to note that Ukrainian citizens who wish to purchase an apartment in Romania can conclude a sale-purchase agreement for this purpose only under certain conditions. Pavel, Margarit and Associates Romanian Law Firm recomands contacting a specialized lawyer in real estate and construction law in Romania in order to assist Ukrainian citizens with the legal steps for the acquisition of private property in Romania and to provide consultancy in order to be compalint with the povisions of Law no. 312/2005 regarding  acquiring ownership right in Romania for non-EU citizens.

How to import tobacco products from a country outside EU to Romania?

24th January 2023 Any company or entrepreneur who wants to import tobacco products from a country outside EU to Romania, raw tobacco or processed tobacco originating from its own import operations in Romania, from own intra-community acquisitions or from intern production, they must be authorized as an importer and have the quality of authorized importer of tobacco products in Romania who produce, convert, own, receive or dispatch freights in a tax warehouse. Romanian Law Firm Pavel Margarit and Associates recommends to contact a lawyer specialized in commercial and tax law in Romania in order to obtain the appropriate authorizations to proceed the activity of importing tobacco from a country outside EU to Romania.

What is the procedure of cancelling a promissory note and appealing against enforcement in Romania?

24th January 2023 Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the quality of enforceable title in Romania. Thus, if the payment obligation in Romania is not respected on the basis of the promissory note in Romania at maturity, the creditor is entitled to request directly the enforcement in Romania. Law no. 58/1934 also provides the way in which the cancellation of the promissory note in Romania and appealing against enforcement in Romania can be obtained. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in commercial disputes, litigation and cancelling promissory notes and appealing against enforcement in Romania who can guide you in the procedure of cancelling promissory notes in Romania and appealing against enforcement in Romania.

How to revise a construction contract and a subcontract agreement in Romania?

24th January 2023 A contract of services and a subcontract agreement in Romania is a document that defines the terms of an agreement between a construction services provider in Romania and a customer who is requesting to perform a certain material or intellectual work in Romania, or to perform services activities in Romania, in exchange for a price. The Romanian Law Firm Pavel, Margarit and Associates recommends contacting a lawyer specialized in civil law who can guide a real estate developer in the procedure of revising a construction contract and a subcontract agreement in Romania.

The Romanian Law firm Pavel Margarit and Associates provided legal assistance and representation to a Romanian citizen in a dispute concearning the appeal against a compensation decision issued by the National Real Estate Compensation Commission (C.N.C.I.), in order to establish the correct and objective value of the property , managing to obtain for him a higher value of the building compared to that calculated by the National Commission for Real Estate Compensation, namely, approximately 3,000,000 lei

24th January 2023 The Romanian Law Firm Pavel Margarit and Associates provided legal assistance and representation to a Romanian citizen in a dispute concearning the appeal against a compensation decision issued by the National Real Estate Compensation Commission (C.N.C.I.), in order to establish the correct and objective value of the property.

What amendments have brought the Romanian Law 265/2022 on the Trade Register and for the amendment and completion of other normative acts affecting the registration in the Romanian Trade Register?

24th January 2023 Starting with November 26, 2022, Law 265/2022 was adopted in Romania, regarding the Romanian Trade Register and for amending and supplementing other normative acts with an impact on the registration in the Trade Register in Romania. The main substantive changes provided for by Law 265/2022 are: registration in the Trade Register in Romania on the basis of the registrar’s hearing report, the formulation of the complaint against the rejection settled by registrar’s hearing report, the change of the settlement term, the regulation of a single standard affidavit, etc. The Romanian Law Firm Pavel, Mărgărit and Associates has great experience with the registration in the Romanian Trade Register. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in commercial law and registration in the Romanian Trade Register who can guide you in the procedure of incorporating a company in Romania by submitting the necessary documents to the Romanian National Trade Register Office.

How to appeal against the compensation decision issued by CNCI/ANRP by which the real estate properties taken over abusively in Romania were undervalued?

24th January 2023 Following the Romanian Law no. 165/2013 regarding the restitution of properties in Romania, natural persons whose real estate properties has been taken over abusively in Romania can ask for the support of lawyer specialized in appeal against the compensation decision issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP), retrocessions, real estate law and civil litigation in Romania, to assist and represent them in the appeal against the compensation decision issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP), if they are facing a property undervaluation by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP) of the real estate properties taken over abusively in Romania, according to Romanian notaries grids value, through the compensation decision  issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP).

The new amendments brought to the individual employment agreement and Labor Code in Romania

24th January 2023 Starting with October 22, 2022, the Romanian Law no. 283/2022 entered into force in Romania for amending and supplementing the Law no. 53/2003 – Romanian Labor Code, as well as the Romanian Government Emergency Ordinance no. 57/2019 on the Romanian Administrative Code, and thus the employment agreement in Romania was amended. The main amendments to the Romanian Labor Code concern aspects such as: the unfavorable treatment of the employees in Romania, dismissal of the employees in Romania, working hours in Romania, information that the employer must provide to employees prior to employment, employee rights in Romania, elements of the employment agreement in Romania, etc. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in labor law in Romania who can provide legal assistance and consultancy in Romania regarding the aspects related to the employment agreements in Romania and labor disputes in Romania, given the complexity and strictness of the new provisions in Romania.

How do Romanian Litigation Courts interpret the non-fulfillment of the contractual obligations in unexpected situations?

21st November 2022 In the last few years in Romania, there have been various external events such as the Covid-19 pandemic, the war in Ukraine or the Suez Canal crisis, which have determined various economic imbalances which have led to the non-fulfillment of the contractual obligations due to the hardship, force majeure or unforeseeable circumstances, in Romania. In most situations, these imbalances were manifested by the price increase in Romania, the Romanian service providers being forced to resort to the adaptation of the agreement and even in the last instance to the termination of the effects of the agreement in Romania, as a result of the failure of the negotiations. Pavel Margarit and Associates Romanian Law Firm recommends to contact a lawyer specialized in commercial law and litigation in Romania considering the fact that not every external, invincible event leads to a contractual imbalance in Romania, as it cannot be said that any provider of services in Romania has experienced fluctuations in the management of its own businesses in Romania.

How can you appeal against an enforceable title?

8th November 2022 The appeal against enforcement is a way to obtain the annulment of any measure of forced execution by the interested party by forced execution. After the initiation of forced execution, the interested parties may request by means of appeal against enforcement the annulment of the hearing report by which the application for a declaration of enforceability was granted, if the legal conditions have not been met Pavel, Mărgărit & Associates Law firm in Romania recommends using the services of a lawyer specialized in civil law, appeals against enforcement and litigation to guide you in the necessary steps to draft appeal against enforcement regarding an enforceable title.

How can an individual employment contract be terminated?

8th November 2022 The individual employment contract creates rights and obligations between the employee and the employer for the established period, forming an employment relationship between the parties. The Labor Code provides for 3 cases of termination of the individual employment contract/agreement: ipso jure, as a result of the agreement of the parties on the established date or as a result of the unilateral will between the parties (dismissal or resignation). The Romanian Law Firm Pavel, Mărgărit & Associates recommends addressing a labor law lawyer to provide you guidance regarding the termination of an individual employment contract.

How to start the agreement with creditors procedure in Romania?

8th November 2022 The preventive agreement concluded with creditors in Romania consists of a contract between the debtor and the creditors by which the creditors’ requirements are met, with personal and patrimonial implications, being carried out instead of the bankruptcy proceedings. The preventive agreement with creditors in Romania consists of financial recovery measures. The Romanian Law Firm Pavel, Mărgărit & Associates recommends contacting a Romanian lawyer specialized in commercial, insolvency/restructuring and insolvency proceedings to provide you with guidance on the opening of the agreement with creditors procedure.

How to enforce a pre-contract for the sale-purchase of a property?

8th November 2022 If you find yourself in a situation where you do not know how to act so that the deposit given at the conclusion of the pre-contract for the sale-purchase of a property in Romania is returned to you, or you wish to obtain damages caused by the non-fulfillment of the obligations, you must consider the significance of the pre-contract thus concluded , the existence of enforceability as well as the order of remedies that you can apply in Romania. Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation because often the application of the remedies is influenced by the provisions contained in the pre-contract for the sale-purchase of a property, which is why a careful analysis of the contained clauses is needed.

Promissory note / Cheque / Bill of exchange – financial instruments in Romania

8th November 2022 Business relationships between professionals in Romania can bring a number of advantages, but often also various inconveniences. The latter are often caused by non-compliance with pecuniary obligations, which is why the parties involved may end up being enforced. In order to be enforced in Romania, it is necessary to go through some steps to obtain an enforceable title. To prevent this difficult procedure, any of the parties wishing to benefit from a guaranteed payment obligation in Romania can provide a guarantee by requesting a promissory note / cheque / bill of exchange from the other party and signing these enforceable titles by a guarantor debtor. Pavel Mărgărit and Associates Romanian Law Firm recommends using a lawyer specialized in commercial law and enforcement proceedings/ foreclosure in Romania to guide you in choosing a type of commercial guarantee suitable for your business, and may also offer you guidance in rejecting any foreclosure/ enforcement proceedings or cancellation of the summons received, by filing the enforcement appeal in the form of opposition to the summons in Romania.

Constructions disputes in Romania. Liability of the Constructor

8th November 2022 The liability of the constructor in Romania for the executed construction works is regulated by the provisions of the art. 1879 – 1890, Romanian Civil Code. The executed works are subject to terms regarding their operating performance in the sense that the works must fully comply with the requirements and quality indices provided in the Technical Project, specification, agreement with the beneficiary and construction quality legislation, aspects that result from the Qualitative Reception Document at the end of the works, as well as the Acceptance report.

How to open the inheritance/succesion procedure in Romania?

8th November 2022 The succession/inheritance procedure can be a complex one, being involved documents and the relationship with various state Romanian institutions, especially in the situation where there are many movable or immovable assets that are about to enter the patrimony of another person. Given the complexity of the procedure and the steps to be taken in order to open the succession/inheritance procedure, Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Succession law and Civil law who can advise you on the steps to be taken in such cases, as well as provide legal assistance and representation before the notary public or any other Romanian authority.

How can a Chinese investor open a company in Romania?

8th November 2022 Over time, more and more foreign investors or individuals have incorporated companies in Romania according to national statistics. At national level, in 2020, a number of 109.939 companies were incorporated in Romania, and in 2021, 34.89% more were incorporated, respectively a number of 148.294 companies. Thus, investors from various countries of the world, especially China, want to start an economic activity in Romania, in various industries, the objects of activity of the companies thus established including various sectors of activity. People or Chineese companies have deloped a remarkable impact on the company incorporation in Romania. In this article, the Romanian Law Firm Pavel Mărgărit and Associates presents the legislation in force regarding the incorporation of a company in Romania by investors from China as well as the conditions for starting the activity in Romania, a special importance having the legal regulations in order to maintain a linear activity.

How can you divorce amicably in Romania?

8th November 2022 Given the fact that one of the possibilities provided by Divorce Romanian law for dissolution of marriage is amicable divorce, there are a large number of people who prefer to follow the notary divorce procedure in Romania to the procedure before the Romanian court of divorce and assets division, for both financially and emotionally obvious reasons. Therefore, the Romanian Law Firm Pavel, Mărgărit and Associates recommends using the services of a lawyer specialized in family law in Romania, as well as divorces and assets division in Romania, to help you understand the effects of divorce and partition of common goods in Romania, both patrimonial and extra-patrimonial, as well as to assist you in the procedure of assets division between spouses in Romania.

What do you need to take into account when hiring employees in Romania?

8th November 2022 Hiring a person in Romania involves some steps that every employer shall take into account when recruiting a new employee. Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law, Civil law, GDPR who can advise you on the steps can advise you on the steps to be carried out in such cases, as well as providing legal assistance in drafting and /or reviewing the necessary documents, for instance: employment agreement, job description, internal regulations, or advising on the implementation of GDPR policies in labor relations.

How to obtain the retroactive annulment of title deed issued illegally in Romania?

8th November 2022 The annulment of an illegally issued title deed in Romania may be requested by any person justifying an interest. If title deed was issued on the name of another person this could be subject of annulment in Romania. Court will settle the property right over the land in Romania according with the documents submitted.

How to incorporate a limited liability company in Romania in accordance with European legislation?

8th November 2022 As our world is more and more interconnected, people wish to have a vast amount of flexibility when establishing a company in Romania in order for both their business and national economy to flourish. Therefore, the European Union paved the way towards stability by harmonizing the steps that need to be taken in order to create a company in Romania, such as systematized formation or disclosure requirements in Romania. Incorporating a company in Romania is a process that needs to meet certain legal requirements. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in corporate, commercial and M&A in Romania who can advise you in drafting or reviewing the necessary documents when setting up your own company in Romania, in accordance with European legislation.

What extraordinary transactions mergers, divisions and acquisitions are possible in Romania according to European legislation?

8th November 2022 One of the four freedoms which came along with the creation of the European Union is the freedom of establishment. This freedom includes the right of a legal person duly established to have a new business set up and the freedom of migration of legal person after incorporation from Member State A to Member State B (cross-border company migration). Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in corporate, commercial divisions and M&A (mergers and acquisitions) in Romania who can advise you in drafting or reviewing the necessary documents when engaging in extraordinary transactions mergers, divisions and acquisitions in Romania, in accordance with European legislation.

How to start a litigation matter in Romania against a contractual partner?

8th November 2022 Signing an agreement in Romania creates rights and obligations between the parties for a particular period of time. Thus, by starting a litigation matter in Romania, one person may claim the obligation of the other party to respect the violated right or to perform the assumed obligation, and if it is no longer possible, to pay for the damages suffered or to recover the unpaid debt in Romania. The Romanian law firm Pavel, Mărgărit & Associates recommends using the services of a lawyer specialized in litigation, civil law and debt recovery in Romania to guide you in the necessary steps to draft a claim against the contractual partner in Romania.

How can you obtain the annulment, amendment or rectification of the civil status documents in Romania?

8th November 2022 Given the fact that in practice various errors may occur when drafting the civil status documents, Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Litigation, Dispute resolution and Family law in Romania who can advise you on the legal means that one may employ with the aim of obtaining the annulment, amendment or rectification of the civil status documents in Romania.

How to appeal a compensation decision issued by the National Real Estate Compensation Commission (C.N.C.I.) within the National Property Restitution Authority (A.N.R.P.)?

8th November 2022 Following the promulgation of Law no. 10/2001 regarding the legal regime of the property taken over abusively in Romania, the Romanian legislator offered the opportunity to the persons prejudiced by the abusive takeover of the property by the Romanian state to appeal to the competent authorities, namely the National Authority for Property Restitution (ANRP), in order to obtain reparative measures either in nature or in equivalent in Romania. Later, by Law no. 165/2013, the National Commission for Real Estate Compensation (CNCI) was established, establishing that requests with the object of issuing a Compensation Decision must be resolved within 5 years, starting from the date of entry into force of Law no. 165/2013. Although the legislation in force has clearly established a way of evaluating the immovables taken over abusively, in most cases CNCI did not proceed with a properly performed evaluation, a fact that determined the existence of several disputes before the courts, people requesting a correct evaluation by appealing the compensation Decisions issued. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a lawyer specialized in ANRP/CNCI retrocessions, real estate law and civil litigation to assist and represent the interested parties in view of appealing the Compensation Decisions in Romania.

Promissory note / Cheque / Bill of exchange – financial instruments in Romania

5th October 2022 Business relationships between professionals in Romania can bring a number of advantages, but often also various inconveniences. The latter are often caused by non-compliance with pecuniary obligations, which is why the parties involved may end up being enforced. In order to be enforced in Romania, it is necessary to go through some steps to obtain an enforceable title. To prevent this difficult procedure, any of the parties wishing to benefit from a guaranteed payment obligation in Romania can provide a guarantee by requesting a promissory note / cheque / bill of exchange from the other party and signing these enforceable titles by a guarantor debtor. Pavel Mărgărit and Associates Romanian Law Firm recommends using a lawyer specialized in commercial law and enforcement proceedings/ foreclosure in Romania to guide you in choosing a type of commercial guarantee suitable for your business, and may also offer you guidance in rejecting any foreclosure/ enforcement proceedings or cancellation of the summons received, by filing the enforcement appeal in the form of opposition to the summons in Romania.

Constructions disputes in Romania. Liability of the Constructor

5th October 2022 The liability of the constructor in Romania for the executed construction works is regulated by the provisions of the art. 1879 – 1890, Romanian Civil Code. The executed works are subject to terms regarding their operating performance in the sense that the works must fully comply with the requirements and quality indices provided in the Technical Project, specification, agreement with the beneficiary and construction quality legislation, aspects that result from the Qualitative Reception Document at the end of the works, as well as the Acceptance report.

How can you obtain the right of asylum in Romania?

7th June 2022 Considering the fact that the military aggression in Ukraine has led to mass displacements of the population to the neighboring countries, we hereby present to you the requirements for obtaining the right of asylum in Romania and the possibilities of the refugees to stay in Romania under the current conditions. Moreover, we will also refer to the legislative updates that have entered into force in Romania which are relevant in the context of the mentioned events.

What you should know when you own a Romanian Multi Level Marketing business in Romania?

26th May 2022 Although we would say that selling through multilevel marketing networks is a relatively new business on the Romanian market, find out that this form of commerce is defined by Law no. 650/2002 for the approval of the Romanian Government Ordinance no. 99/2000 on the marketing of marketed products and services as a form of direct sales through which products and services are offered to consumers through a network of direct sellers. Therefore, owning a Multi Level Marketing network in Romania is under the aegis of Romanian legal provisions in Network Marketing industry. A lawyer specialized in commercial law, direct sales networks, multilevel marketing network and GDPR procedures in Romania can advise you in carrying out activities under a Romanian Multi Level Marketing business. Thus, Pavel, Mărgărit and Associates Romanian Law Firm recommend addressing to a lawyer specialized in network marketing and Multi Level Marketing Network in Romania, who could provide legal information on this type of business, could help with drafting the Terms and Conditions, Privacy Policy, and any type of agreements or legal documents required for a multilevel marketing business in Romania.

How can a shareholder be excluded from a Romanian company in case of disputes between shareholders

6th May 2022 The procedure of the exclusion of a shareholder from a company, in case of a shareholders litigation in Romania, is regulated by Romanian Company Law no. 31/1990. The situations of disputes between shareholders of a company in Romania are various and different, reaching the point where some of the shareholders want to exclude a shareholder in Romania, leading to the exclusion of the director/administrator being ashareholder who inefficiently administrate the Romanian company’s activity.

How to appeal an enforcement or foreclosure in Romania?

26th April 2022 Any person who faces an illegally initiated enforcement or foreclosure in Romania can challenge it by filing an enforcement appeal within the time limit provided by Romanian law. The Romanian Law Firm Pavel, Mărgărit and Associates recommends hiring a lawyer specialized in commercial and enforcement law and litigation who will be able to analyze whether the statute of limitation of enforcement or the expiration of enforcement are applicable, whether the summons was issued illegally or not at all, the nature of the claim to be certain, fixed and due.

What can you do in order to recover your debt in Romania?

26th April 2022 Romanian Law provides to each creditor alternative solutions in order to recover a claim/debt from the Romanian debtor, whether it is a Romanian Court action, such as a legal claim, payment ordinance, small claims, or other preliminary proceedings in debt recovery in Romania. A specialized lawyer in dispute resolution, litigation, debt recovery and enforcement proceedings in Romania can advise on the steps to be carried out in such debt recovery cases and can assist and represent the creditor before the Romanian competent court or before any natural or legal person in Romania to recover the debt. Pavel Margarit and Associates Romanian Law Firm advises to discuss with a specialized lawyer in order to recover your debt in Romania.

What should you consider when concluding a consultancy and IT service agreement in Romania?

5th April 2022 In the current context of significant development of the information technology (IT) in Romania, it can be noticed an increase of the number of specific consultancy and service agreements that have been concluded between professionals operating in this area, such as software development and maintenance agreements, service agreements in the IT area, IT outsourcing agreements or software as a service (SaaS) agreement. Thus, we will briefly present you the main contractual provisions that need to be observed by the contracting parties. A specialized lawyer in information technology, media and telecommunications, commercial law and M&A in Romania will be able to advise you on drafting and/or reviewing such agreements.

How can a request for opening the insolvency proceeding in Romania be rejected when it is made by the creditor to force the debtor to pay the debt?

30th March 2022 The procedure for opening the insolvency proceedings against a debtor is regulated by the provisions of the Romanian Insolvency Law no. 85/2014. There are many situations when a creditor has made such a request in bad faith only to force his debtor to pay him a debt that is not recognized. However, it should be considered that the purpose of insolvency proceedings against a legal person is to save the debtor from bankruptcy, respectively to help him to recover his business and not to pay an undue debt. A Romanian insolvent company cannot be considered a less viable company, its activity being able to be recovered due to the cooperation of all the creditors, the insolvency procedure having a collective feature. In this article you will find the conditions that a Romanian company must meet in order to be established its insolvency status, as well as the defenses that can be brought against a creditor who submits in bad faith a request for opening the insolvency proceeding. A Romanian lawyer specialized in insolvency, reorganization and bankruptcy law can give you the best advice to defend yourself against a request for opening the insolvency proceeding in Romania filed by a creditor in bad faith.

The legal status of digital nomads in Romania

23rd March 2022 On January 17, 2022, Romanian Law no. 22/2022 entered into force for amending and supplementing the Emergency Ordinance no. 194/2002 regarding the status of foreigners in Romania, a regulation that outlines the legal status of the concept of digital nomads in Romania. This regulation represents a considerable legal novelty given the changes of work conditions in the context of pandemic. Pavel, Mărgărit and Associates Romanian Law Firm recommends addressing to a specialized lawyer in labor, tax law, immigration and citizenship who can proceed with all the steps to obtain a long-stay visa, or to extend the right of residence in Romania, assisting the client in front of the competent authorities, and also helping the client in completing the necessary formalities in order to carry out the activity as a digital nomad in Romania.

How can you carry out an IT and software development activity in Romania?

11th March 2022 The IT industry in Romania has experienced an impressive development, especially in recent years, with more and more professionals working in this field. Anyone who wants to work in this field can be hired by an IT company, can conclude a collaboration agreement, or even start an IT business in Romania. The first step is to set up a company that can have as its object of activity either software development activities or customer-oriented software, or any other related IT activities. The Romanian Law Firm Pavel, Mărgărit and Associates recommends the legal advice of a a specialized lawyer in setting up IT companies and technology, media and telecommunications legal services (TMT) to take all the necessary steps in this regard.

Selective aspects regarding cryptocurrency, blockchain technology and smart contracts

23rd February 2022 Given the fact that the number of virtual currency transactions, as well as digital wallet holders in Romania is constantly growing, we believe that a presentation of the topics related to virtual currency transactions, the blockchain technology and the conclusion of smart contracts would be helpful. Pavel, Mărgărit and Associates recommend contacting a specialized lawyer in cryptocurrency for legal representation in transactions involving virtual currency, as well as legal representation when concluding, executing or terminating smart contracts.

How do you sell or buy a company in Romania?

15th February 2022 The selling or buying a company in Romania are strategies that are often applied in practice, being recognized for the multitude of benefits for the shareholders, both parties taking the advantages of it.

Employment Agreement /Contract versus Collaboration Agreement /Contract in Romania

8th February 2022 Whenever you need a service to be provided as an independent activity, you can choose to conclude a collaboration contract/agreement despite of an individual employment agreement/contract in Romania, regarding the tax differences between those two. The law firm Pavel, Mărgărit and Associates recommends using a lawyer specialized in labor and tax law who can draft the contract/agreement/contractual clauses so that the risk of interpreting the collaboration relationship as an employment one to be avoided.

What are the conditions for engaging joint liability of the administrator/ director/ management bodies of a Romanian company?

1st February 2022 One of the problems that the administrators/directors or the management bodies of a Romanian company may face is engaging joint liability for the outstanding payment obligations of the debtor company declared insolvent by tax inspection bodies which are part of National Authority of Fiscal Administration (ANAF).

Can we terminate a contract/agreement if our client enters in the insolvency procedure in Romania?

27th January 2022 The termination of the ongoing contract/agreement at the date of the opening of the insolvency proceedings shall be of interest to each contracting party, whether creditor or debtor, professional bodies or not. Thus, according to the insolvency law, all ongoing contracts/agreements at the date of opening the insolvency proceedings are considered maintained, and all clauses for termination of contracts/agreements, forfeiture of the term benefit or declaration of early maturity due to the opening of the proceedings are null and void. However, there are exceptions that you can find in this article.

What you need to know regarding Real Beneficiary Statement for Companies in Romania

24th January 2022 Starting with April 30, 2021, the obligation to submit the Real Beneficiary Statement for the limited liability companies in Romania was reintroduced, and the term was extended until October 1, 2021.

Could opening an account on a social network using other people’s names lead to criminal charges?

30th June 2021 In the context of technological development and the appearance of various social networks that are expanding and monopolizing our lives, the criminal phenomena has also increased accordingly to the development and improvement of various methods that are materialized in computer crimes in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends addressing to a lawyer which is specialized both in the criminal law for the purpose of submitting criminal claims, but also in the civil law in order to provide assistance and representation in disputes in Romania for obtaining reparation for the infringement of personal rights, such as the right to image.

How can you avoid registration in the Central Credit Register in order to access new loans?

24th June 2021 The procedure for deregistration of data from the central credit register is a novelty from the perspective that it may be forbidden to register in the Central Credit Register or in other negative databases of the debtor. A lawyer specializing in banking, finance and capital markets law is empowered to send a notice to the creditor in order to settle the obligations regarding the payment of real estate.

Appeal against the tax administrative document

4th June 2021 Any person who faces a tax decision issued by an authority within the National Agency for Fiscal Administration (ANAF) has the right to challenge it, as provided in the tax legislation. Pavel, Margarit and Associates recommends a lawyer specialized in tax law and tax dispute and litigation may proceed to take all steps to file an appeal against tax decision in the event that a natural or legal person feels harmed by the issued a tax decision.

Recovery of the constructor’s debts: How to register the legal mortgage (statuatory lien) of the constructor in the land book

1st June 2021 Construction companies can recover the value of construction works in Romania carried out and unpaid by the developer by initiating legal proceedings against the beneficiary. The law firm Pavel, Margarit and Associates recommends the registration of the legal mortgage of the constructor in the land book of the beneficiary. A lawyer specialized in real estate and constructions can make all the steps to recover the debts from construction works performed in Romania by blocking the Land Book of the beneficiary of the investment.