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Criminal liability of corporations is a
hot topic worldwide. From financial institutions to global corporations, almost
daily we hear about a large corporation being investigated, signing a Deferred
Prosecution Agreement or being convicted, usually for money laundering, tax
evasion or bribery.
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I.General context
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1. Introduction
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Pursuant to a decision of the Romanian Constitutional Court published on August 1, 2018, board decisions regarding share capital increases can now be subject to an action for annulment.
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With an
increasing work load and Client portfolio on the rise, Maravela|Asociații’s
competition department sustained a considerable development throughout the past
five years, driven by the passion and specialization of the entire team.
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Background
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1. The adoption of the Law on the
termination of intra-EU BITs
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The highly anticipated new Romanian law on public-private partnership ( "New PPP Law" ) has been finally enacted and will enter into force on 25 December 2016. It replaces the former Law no. 178/2010 on public-private partnership, which due to significant legislative inconsistencies has failed to accommodate any public-private partnership ( "PPP" ).
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Trade finance is
generally not very developed in Romania, at least by comparison with other EU
Member States and developed and emerging markets. Â In this briefing, we set out certain remarks
in relation to taking security over oil products which are in storage in oil
terminals in Romania, which should be considered in the context of an oil
products trade finance transaction.
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Disputes
in Romania are settled in court in the vast majority of cases, under
procedures regulated mainly by the new Civil Procedure Code (CPC). The
CPC entered into force on 15 February 2013, has carried out a systemic
and extensive overhaul of the Romanian dispute resolution model. With a
specific focus on acceleration of trial proceedings, the new regulation
has reformed both the schedule and the content of proceedings taking
place in various phases of the lawsuit, while attempting to clarify many
of the controversies raised by interpretable provisions in the former
regulation.