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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.
The reasoning for the adoption of this law is represented by the simplification of the procedure for the registration in the Trade Register in Romania of natural and legal persons in Romania. The digitization of the registration in the Trade Register in Romania involves the incorporation of companies in Romania, remotely, through the online portal of the Romanian National Trade Register Office, and the transmission of all the necessary documents in electronic format.
The amendments imposed by Law 265/2022
One of the amendments imposed by Law 265/2022 refers to the settlement of the application for registration in the Trade Register in Romania. According to Article 105, the new regulation stipulates the settlement of the application for registration in the Trade Register in Romania by registrar’s hearing report, being part of the legal specialized staff of the Romanian National Trade Register Office. The registrar will settle the application only on the basis of written documents submitted, physical presence being necessary only in exceptional cases. A complaint may be filed against registrar’s hearing report establishing the rejection of application for registration in the Romanian Trade Register within 10 days of the communication.
According to Article 113 of Law 265/2022, the complaint shall be submitted, in the case of natural persons, to the court which has territorial jurisdiction regarding the location of the professional headquarters, and in the case of legal persons, to the Trade Register Office in Romania, which will mention it in the Trade Register in Romania and it will be communicated to the court within 3 working days from the date of filing.
A lawyer specialized in commercial law and registration in the Romanian Trade Register can assist you in the registration in the Trade Register in Romania, complying with the legal requirements imposed by the Romanian legislation.
According to Article 105, paragraph (6) of the new legislation, the applicant may submit a request to change the settlement term if it has been postponed, which can be made in only one working day.
Another amendment brought by Law 265/2022 consists in the existence of a single standard affidavit regarding the fulfillment of the necessary formalities for the legal registration in the Trade Register in Romania.
Also, all registration formalities can be carried out electronically through the online portal of the Romanian National Trade Register Office.
According to Article 131, the procedures started before the entry into force of Law 265/2022 remain subject to the law in force at that time.
Finally, the amendments imposed by the Law 265/2022 represent a modernization of the procedures of the Trade Register in Romania through digitalization. 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 registration in the Trade Register in Romania, and also regarding the fulfillment of any formalities imposed by the new legislation.