Romania

Voluntary dissolution and liquidation procedure through the Trade Registry Liquidating a company in Romania is a much more complex process than a simple decision made by shareholders. It requires a precise liquidation procedure, in accordance with commercial legislation, as well as assistance from a business lawyer or a company lawyer with relevant experience. Whether it’s about dissolution of an SRL, company dissolution, or company deregistration, the steps must be followed carefully to prevent complications both fiscally and legally. This article helps understand the dissolution process of an SRL, whether it’s a voluntary choice or a situation imposed by insolvency or bankruptcy. The simplest method for company dissolution it is the self-initiated procedure. This process takes place directly through the Trade Registry, without the involvement of the court, if the company has no debts or litigation issues pending. To comply with the liquidation procedure, it is beneficial to collaborate with a business lawyer or a consulting lawyer, who can precisely indicate the necessary documents for this process, including: the shareholders’ decision, the closing balance sheet, and proof of publication in the Official Gazette. A trade registry lawyer or a company lawyer will coordinate the stages of this process, thus helping to avoid significant delays in company deregistration. Corporate lawyer. Dissolution and liquidation with the appointment of a liquidator – Stages and implications If there are disagreements among shareholders and they are unable to collaborate, they can request the appointment of a liquidator through the court. This form of company liquidation involves a complex liquidation procedure, where the presence of a commercial lawyer or a litigation lawyer becomes essential. The liquidator will take over the management of the company until its company deregistration, being responsible for asset liquidation and debt payment. To prevent potential misunderstandings, the support of a business lawyer or a corporate lawyer is recommended to ensure representation in court and effective collaboration with the liquidator. This stage may generate litigation situations, where the involvement of a litigation lawyer or even an insolvency lawyer may be needed, especially if the process leads to insolvency. Commercial lawyer. Company deregistration after the completion of the insolvency procedure If the company can no longer operate due to financial reasons, bankruptcy may occur. In such cases, the insolvency procedure can be initiated by either the creditor or the company, ultimately leading to company deregistration. The Romanian Law Firm Pavel, Mărgărit & Associates provides full legal assistance in the dissolution, liquidation, and deregistration procedures of companies in Romania, whether it involves voluntary closure, bankruptcy, or insolvency procedures. Our team of experienced commercial lawyers, litigation lawyers, and corporate lawyers offers specialized consultancy and effective court representation, ensuring the legal status of the company is clarified and the entrepreneurs’ interests are protected throughout every phase of the business closure process. Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs. Contact Us The expertise of an insolvency lawyer or a bankruptcy lawyer will be necessary to protect interests throughout the process. After the sale of assets and payment of debts, the syndic judge will close the procedure, and the company will undergo the company deregistration process in the trade registry. Insolvency lawyer. Temporary suspension of the company activity – An alternative to closure If permanent closure of the company is not desired, but no economic activities are being conducted, suspending the activity is a viable legal alternative. This operation keeps the legal entity active, but without continuing economic operations, which is extremely useful if there is an intention to resume activities in the future or to avoid certain tax lawyer and administrative obligations. The suspension of activity must be registered with the trade registry, with its duration regulated by the legislation in force, varying depending on the circumstances of each company. “Closing a business in Romania, whether through voluntary dissolution, insolvency, or bankruptcy, should never be approached without a clear and professional legal strategy. Every step, from the shareholders’ decision to company deregistration with the trade registry, carries significant legal and tax risks. The Romanian Law Firm Pavel, Mărgărit & Associates provides expert legal advice and representation through top-tier lawyers specialized in corporate law, commercial litigation, and business law, ensuring a secure and compliant exit from entrepreneurial activity,” said Dr. Radu Pavel, Coordinating Lawyer at Pavel, Mărgărit & Associates. A trade registry lawyer, together with a consulting lawyer, helps draft the necessary applications and declarations. Furthermore, if tax lawyer or compliance lawyer issues arise, the presence of a commercial lawyer or a business attorney is essential. In conclusion, whether it is about SRL dissolution, bankruptcy, the insolvency procedure, or company deregistration, closing a business in Romania must be done with rigor. Each procedure involves specific stages that must be followed, with the correct approach ensuring compliance with the law and protecting the interests of entrepreneurs. Thus, the business closure process must be managed professionally, with collaboration from a business lawyer or an insolvency lawyer making the difference between an efficient closure and one that results in additional problems.

Key Steps to Challenge Tax Decisions and Defend Your Rights A conflict with ANAF can be overwhelming, especially for a corporate lawyer representing a company facing tax authority actions or severe tax recovery procedures. In such situations, it is crucial to work with a tax lawyer or fiscal lawyer specialized in tax law, who understands the tax updates and the procedures imposed by the authorities. An experienced tax attorney can provide tailored legal advice and support. To handle such challenges effectively, the assistance of a tax lawyer familiar with tax law and the procedural steps laid out by the tax authority can be essential. The lawyer will analyze the documents issued by ANAF, assess the legality of their actions, and identify potential legal remedies — from filing an administrative complaint to submitting a case before the court. This includes the right strategy for each step, especially when time-sensitive legal frameworks apply. The Romanian Law Firm Pavel, Mărgărit & Associates offers complete legal assistance in tax authority litigation, including drafting complaints, submitting requests for suspension of enforcement, and representing clients in front of the relevant courts. Our tax attorney team ensures that all procedures are aligned with the latest tax updates. Tax Law Attorney. How to File a Complaint Against a Fiscal Administrative Act The first step in challenging a decision issued by ANAF is to file a complaint within the legal deadline as stated in the applicable law. The guidance of a tax lawyer or fiscal lawyer is highly recommended. A tax attorney experienced in dealing with the tax authority can make the difference between a favorable resolution and a definitive ruling with long-term consequences for any corporate lawyer. Corporate Lawyer. Taking Legal Action When the Authority Fails to Issue a Necessary Administrative Act If ANAF refuses without legal justification to issue a necessary administrative document, such as a refund decision or confirmation of the settlement of tax authority obligations, a legal action can be initiated. The help of a corporate lawyer with knowledge in tax law is often indispensable in such matters. Tax Attorney. Contesting Enforcement Actions: What You Should Know When ANAF initiates enforcement procedures to recover outstanding tax updates, you have the right to contest these actions within 15 days. A fiscal lawyer or tax attorney can assess your case and provide the best strategy to halt enforcement. Legal advice from a qualified tax lawyer ensures that your defense aligns with the procedural rules under tax law. Pavel, Mărgărit & Associates offers comprehensive legal services in tax disputes, including tax updates, litigation, and defense before ANAF and courts. If you’re dealing with enforcement or interpreting procedures of the tax authority, don’t hesitate to contact us via our website: https://avocatpavel.ro/contact/. Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs. Contact Us “In a tax dispute, timing and solid legal reasoning are essential. A well-coordinated team of a tax lawyer, tax attorney, and fiscal lawyer can achieve favorable outcomes even against an authority like ANAF,” stated the Coordinating Attorney of the Romanian Law Firm Pavel, Mărgărit & Associates, Dr. Radu Pavel. The expertise of a contract lawyer is vital when the tax updates stem from questionable commercial relations, while a tax attorney provides valuable insight into the financial impact for a corporate lawyer. Tax disputes are highly complex and may have significant implications for a company, both legally and financially. A fiscal lawyer can offer not only legal representation but also a comprehensive and personalized strategy aligned with tax updates.

Useful restructuring mechanism for entrepreneurs and their creditors The preventive concordat (preventive composition) in Romania is the judicial procedure for preventing insolvency regulated by Law no. 85/2014 on preventing insolvency and insolvency proceedings, whose opening suspends enforcement proceedings under the law, while the debtor can restructure its business in Romania and pay all or part of the affected claims based on a restructuring plan voted by the creditors whose claims are affected and approved by the insolvency judge.  The Romanian Law Firm Pavel Mărgărit and Associates provides legal assistance in the preventive restructuring proceedings procedure, including representation before the insolvency judge, as well as in relations with creditors to obtain favourable votes. Our team of lawyers specialized in restructuring and insolvency fields supports both companies facing financial difficulties and creditors interested in protecting their interests within this procedure. Insolvency lawyer in Romania. Who can benefit from the concordat in Romania? Any enterprise facing difficulties but not yet insolvent. Difficulty represents a temporary state caused by any circumstance that generates a real and serious threat to the debtor’s future capacity to pay debts at maturity if no adequate measures are taken. The debtor in difficulty is able to fulfil obligations as they become due. An insolvency lawyer in Romania and a litigation lawyer in Romania can provide essential assistance in identifying the appropriate legal solutions to restructure the business, avoid opening of insolvency proceedings in Romania and protect company assets. They analyse the financial situation in detail, propose efficient restructuring measures and reorganization in Romania, and prepare the necessary documentation to initiate the preventive concordat proceeding in Romania. Litigation lawyer in Romania. Advantages of the preventive in Romania over insolvency procedure in Romania The preventive concordat proceeding allows the entrepreneurs to maintain control over the business and propose a restructuring plan adapted to their needs, avoiding the rigid solutions typical of insolvency procedure in Romania. This procedure is viewed more favourably, helping preserve reputation with clients and partners. There is flexibility in negotiating debts and the possibility of obtaining better conditions than in insolvency. Costs are generally lower, and the company can become more attractive to investors. The debtor chooses the concordat administrator, benefits from automatic suspension of enforcement and penalties, and creditors cannot request insolvency or change essential contracts to the debtor’s detriment. Interim financing is possible, and the entrepreneur can negotiate individually or collectively with creditors, choosing which claims are affected by the restructuring. The plan is voted only by creditors whose claims are affected. Insolvency lawyer in Romania. Benefits for creditors of the entrepreneur related to the preventive concordat proceeding. Creditors benefit from multiple guarantees and rights during the preventive concordat, including the ability to initiate the proceeding, vote by correspondence and recover claims more efficiently, especially creditors without preferential rights. Contractual relationships are not definitively affected; interest and penalties are temporarily suspended. The administrator’s fee is covered by the debtor’s funds, not the creditors’. The approved restructuring plan does not affect unaffected creditors, who retain the right to initiate enforcement proceedings if debts remain unpaid. Affected creditors receive quarterly reports from the judicial administrator in Romania. Creditors providing new or interim financing are protected from civil, administrative, or criminal liability solely for their involvement. Creditors exercise their rights collectively by voting at creditor meetings. “The preventive concordat proceeding represents a balanced solution for companies in difficulty, offering a real chance to recover without losing control over the business. It is an effective alternative to insolvency proceedings in Romania for both debtors and creditors,” said Senior Associate Lawyer Dr. Nicoleta Mirela Năstasie from The Romanian Law Firm Pavel, Mărgărit and Associates. “Through the preventive concordat  in Romania, companies can preserve their reputation and negotiate viable restructuring terms directly, while creditors benefit from transparency and predictability in debt recovery,” said Dr. Radu Pavel, Managing Partner of The Romanian Law Firm Pavel, Mărgărit and Associates. The Romanian Law Firm Pavel, Mărgărit and Associates provides complete legal assistance in restructuring and insolvency proceedings in Romania, offering consultancy and representation before competent authorities for pre-insolvency and insolvency proceedings, reorganisation, bankruptcy and liquidation proceedings in Romania,. Do not hesitate to contact us via the form on our website: https://avocatpavel.com/contact/. Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs. Contact Us In conclusion, the preventive concordat proceeding in Romania is a valuable opportunity for enterprises in difficulty, allowing them to avoid insolvency proceedings in Romania and continue operations under regulated and controlled conditions. This legal solution preserves the entrepreneur’s control, protects the business’s reputation, and encourages direct, transparent negotiations with creditors within a secure legal framework. With the support of an insolvency lawyer in Romania and a litigation lawyer in Romania, companies can access this mechanism efficiently, ensuring financial recovery, long-term stability and avoiding insolvency procedures in Romania.

What to do legally when a client, partner, or debtor does not pay their debt? In judicial practice, the recovery of exigible debt is a common challenge, especially in the context of commercial or contractual relationships. Whether you are a creditor, it is crucial to be familiar with the legal steps for debt recovery. This article provides a structured overview of the debt recovery procedure, from the first payment notice to obtaining a writ of summons and the potential initiation of a contestation at execution. First, it is essential to identify the type of exigible debt, whether it is certain, liquid, and due, meaning it satisfies the required conditions to begin the debt collection process. Often, seeking legal consultancy from a litigation lawyer can make the difference between an efficient process and one that is obstructed by the bureaucratic complexities of civil litigation. A business lawyer or litigation attorney can assess whether a court claim is necessary, whether there are abusive clauses in the contract, or whether sending a payment notice to the debtor is sufficient as a preliminary step. Depending on the nature of the legal relationship, it may be necessary to involve a civil lawyer, particularly when the dispute is of a civil nature rather than strictly commercial. Pre-litigation notice: the essential first step in debt recovery The first step in the debt recovery procedure is sending a payment notice to the debtor. This payment notice must be clearly drafted, indicating the exact amount owed and the legal grounds for the debt recovery. Simply receiving a payment notice can prompt the debtor to settle the debt, especially if it is accompanied by a legal opinion issued by a litigation lawyer or a business lawyer. If not, the next step is to proceed with filing a court claim, assisted by a debt recovery lawyer or a civil lawyer, depending on the nature of the legal relationship, contractual or delictual. What procedure to choose in court to recover your money If the debtor fails to respond to the payment notice, the next step is to file a lawsuit. The choice of debt recovery procedure depends on the specifics of the case, and it could be a court claim, an order for payment, or a civil suit. Pavel, Mărgărit & Associates Romanian Law Firm provides complete legal assistance in the debt recovery process, supporting creditors in handling civil litigation and carrying out the legal procedures for debt recovery. Our team of specialized lawyers – litigation lawyer, civil lawyer, debt recovery lawyer – offers detailed legal consultancy and efficient court representation, ensuring each step of the debt recovery process is in compliance with the law. We handle everything from the payment notice to obtaining a writ of summons, implementing debt recovery through the enforcement phase, and managing any challenge to enforcement, thus protecting our clients’ interests throughout the entire debt recovery procedure. Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs. Contact Us A litigation lawyer or a debt recovery lawyer will be able to determine the appropriate procedural option for the specific legal situation at hand. It is essential to examine any potential abusive clauses in the contract and determine whether the involvement of a lawyer specialized in abusive clauses is necessary. After the court’s acceptance of the claim, the court may issue a ruling that becomes a writ of summons, which can be used to initiate debt recovery through execution. At this stage, legal consultancy from a lawyer is useful to analyze the risks of a potential challenge to enforcement filed by the debtor. The actual recovery of the amount: what does execution involve After obtaining the writ of summons, we enter the final phase of the debt recovery process – execution. Upon the creditor’s request, a judicial executor can block the debtor’s bank accounts or sell their assets to recover the money owed. The close collaboration between a debt recovery lawyer, the executor, and the creditor is crucial. If the debtor files a challenge to enforcement, it must be quickly and efficiently examined, ideally under the guidance of a litigation lawyer specializing in civil litigation. “Recovering an exigible debt is a process that requires not only legal knowledge but also a strategic approach with attention to every detail. From sending a payment notice to the debtor, choosing the type of debt recovery procedure, obtaining a writ of summons, and managing a potential objection to enforcement, each step must be carried out precisely. Our team of lawyers specializing in civil litigation and debt recovery ensures effective court representation, protecting our clients’ interests and guaranteeing a swift and fair recovery of the amounts owed,” said Dr. Radu Pavel, Managing Attorney at Pavel, Mărgărit & Associates. Debt recovery is not just a technical procedure, but a critical effort to protect the financial interests of a creditor. Whether you need a civil lawyer, a business lawyer, or a lawyer specialized in abusive clauses, the key is to act legally and step by step. In conclusion, recovering exigible debts requires a methodical approach based on the applicable laws. From the first payment notice sent to the debtor, continuing with obtaining a writ of summons, and moving on to the enforcement proceedings, each step must be executed carefully to protect the creditor’s rights. Involvement of a litigation lawyer or a debt recovery lawyer can make the difference between an efficient recovery and a prolonged legal process. Therefore, it is essential to benefit from adequate legal consultancy to properly manage each step of the debt recovery procedure.