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Romania Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Romania


Land Purchase in Romania

  June 29, 2017     By Hammond, Minciu and Associates
The return of part of land to the original owners and the acquisition and ownership of land in Romania still raises many issues twenty-seven...

Application of Hague Convention on Children in Romania

  May 26, 2017     By Hammond, Minciu and Associates
There have been many articles written concerning the implementation of The Hague Convention on child abduction. All countries have come into...

Trade Mark Registration in Romania

The registration of a trademark in Romania involves several steps and procedures which must be closely observed. The Trade Mark registration can...

To Be or Not to Be an Employee in Romania

Romania being Romania has a different approach to directors of companies and their relationship with such companies. It is very easy for someone...

Inheritance Procedure in Romania for UK citizens

Inheritance and succession issues in relation to UK citizens with assets in Romania are one of the areas about which we are being asked more and...

Know your Client - Romanian Corporate Governance

KYC or know your client seems to be a mantra repeated by many institutions these days, whether is it from banks of financial authorities the...

How to Establish and Incorporate a Limited Liability Company in Romania Using a Corporate Lawyer in Bucharest

What seems to be relevant in the present article is the current legislation in Romania which allows any private or corporate entities to...

Child Abduction in Romania

The custody and control of children are under Romanian law that of the parents and to those who the courts delegate this authority. Parental...

Enforcement and Registration of Judgements in Romania

The court system in Romania is still to many a confusing impenetrable system. In the past the rules and regulations seem to have a mind of their...

Company Formation in Romania

The first question international clients usually ask lawyers in Romania is how long will it take to incorporate a company. For an experienced...

New Directive in EU Law on Trade Secrets and Know-how

Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate...

New General Data Protection Regulation in Romania

In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which...

Romanian Employment Regulations

Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an...

A Trap in Romanian SRL Statutes for the Unwary

Most investors and companies that wish to incorporate a company in Romania chose to form a limited liability company (SRL). As Romanian lawyers...

Enforcement and Seizure Proceedings in Romania

The Romanian courts do not necessarily operate with the speed and efficiency that may be found in Western Europe or the USA but this should not...

Immigration Law in Romania, Seeking an Immigration Lawyer for Obtaining Romanian Citizenship

Immigration law provides the right of foreign to apply for Romanian citizenship. With the help of an immigration attorney specialized in...

The Supreme Court of Romania Decided that an Appeal Against the Tax Audit Report Is Inadmissible

The Supreme Court of Romania, in motivating the decision, considered that the tax audit is the document that underlies the issuance of the tax...

New Customs Code of the European Union

The Customs Code establishes the general rules and procedures applicable to goods brought into or out on the customs territory of the Union and...

New Tax on Dividends Starting in January 2016 in Romania

For individuals receiving dividends from a Romanian legal entity, starting in January 2016 it is maintained the 5% percentage of the gross...

Airline Liable to Employers for Compensation for Delay - Romania

The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made...

Romania and the New Insurance Directive

After much debate and discussion the European Parliament and the Council have issued the recast Directive on Insurance Distribution.

How Can Your Lawyer Help Protect You in Romania

The use of lawyers in Romania has in the past has often been limited to using them for legal advisory and court work. Most clients should...

Recovering Your Romanain Investment

Companies have been formed in the past for many reasons in Romania. Over the past few years the Romanian Trade Registry has endeavoured to clean...

Change in Smoking Law in Romania

In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences...

What Tax Will You Pay On Company Incorporation in Romania

One of the current most challenging issues on the incorporation of a company in Romania is the immediate tax impact on the company and its...

Why a Mandate Contract in Romania?

Since 1989, Romania has passed from the command economy of socialism to commerce based on the free market and capitalism.

Public Procurement Disputes in Romania

For both local Romanian investors and also foreign investors interested in obtaining public contracts in Romania it is very important to be...

Romanian Tax Designated Inactive Companies

Recently, on 18 July 2014 Order no. 1847 was issued by the President of the National Agency for Fiscal Administration to cover the approval of...

New Law Regarding Bankruptcy in Romania

After several attempts including an appeal to the Constitutional Court of Romania the legislators have now adopted a new law regarding...

US Fishing Tackle Company Obtains Second Positive Annulment Decision

US company Pure Fishing Inc, the owner of worldwide-known fishing tackle brands, has obtained a positive decision in a second annulment action...

Lack of Specific Regulation for Harassment Will Continue to Affect the Efficiency of Work Relations

Although according to European Union reports, all Member States must deal with the regulation of bullying with top priority, the Romanian...

State Aid Schemes to Support Investment Promoting Regional Development - Romania

Despite the current political turmoil the new Romanian Government has already passed legislation aimed at improving the investment climate. In...

Law No. 148/2012 on the Legal Framework of Electronic Documents - Romania

Romania has recently passed into law, Law no. 148/2012 which establishes the legal framework for the issuing of electronic documents (invoices,...

Arbitration, Mediation and Conciliation

Advantages of Alternative Methods of Settling Disputes - Ability to quickly design conflict arbitration agreements or by inserting arbitration...

The Romanian Power of Attorney

The Power of Attorney (POA) is the act in which the Romanian lawyer receives the authorization to develop a certain activity in the name and for...

The Romanian Lawyer

General Information about the Romanian lawyer.

Forms and Modalities of Exercising the Lawyer Profession in Romania

How does a Lawyer in Romania can exercise his profession?

Setting up a Company in Romania

General information for foreign investors.

The Romanian Trade Register

Regarding its organizational structure, the Trade Register shall be kept by “The Trade Register Office”, which is organized in every county and...

Exequator/Exequatur - Recognition of a Foreign Court Decision in Romania by Court Order

Exequator is a procedure regarding the recognition of foreign judgments in Romania by court order.

New Romanian Trademark Law

For over 2 years now, the Romanian State Office for Inventions and Trademarks has been supporting the amendment of Law 84/1998 in relation to...

Mediation in Romania

Custom is a second human nature and the Romanian justice has inoculated itself for years the concept that any misunderstanding should be...

The Liquidated Damages Clause in the Individual Employment Contract - Romania

The liquidated damages clause is the ancillary convention allowing the parties to determine in advance the amount of the damages incurred by the...

Establishing a Branch in Romania

It is possible under Romanian Law to establish branches of an existing foreign company starting its business activities in Romania. The general...

FIDIC Contracting Conditions are Mandatory for Works Contracted with Romanian Authorities

In the present article we will briefly present the legal provisions in force in Romania which make the use of the FIDIC Conditions of Contract...

Setting up a Nongovernmental and Nonprofit Organization in Romania

In the following we will briefly present the characteristics of Romanian nongovernmental and nonprofit organizations.

Can Foreign Investors Purchase Land in Romania?

Before the accession of Romania in the European Union there existed strict rules that prevented foreign investors, either legal or natural...

Inheritance in Romania

The Romanian law provides for two types of inheritance: the legal inheritance and the inheritance established through a last will or testament.

How can a Foreign Investor Hold Shares in a Romanian Limited Liability Company?

Foreign natural or legal persons are admitted by the Romanian law to hold shares in Romanian limited liability companies. There is no limitation...

Setting up a Limited Liability Company in Romania

In the following we would like to generally refer to the conditions, costs, steps and time frame for setting up a limited liability company in...



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