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Ghid autorizare activități la Registrul Comerțului

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Atunci când o companie înființează un sediu, principal ori secundar, unde desfășoară activități, ea trebuie să obțină de la Registrul Comerțului autorizare pentru acele activități.

Știm că pentru antreprenori, în special cei aflați la început de drum, pare extrem de dificil să se ocupe de aceste formalități. Așa că venim în sprijinul vostru, dragi antreprenori, cu un ghid unde explicăm pas cu pas cum să completați formularele necesare și cum să constituiți dosarul pentru a fi gata de depus la Registrul Comerțului.

Ghidul poate fi descărcat de aici.

Stați pe aproape, urmează și altele!

Pentru a fi mereu la curent cu noutățile, vă invităm să dați like paginii noastre de facebook aici.

Prevention Law or how are the authorities trying to be nice

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The Romanian Government has finally drafted the Prevention Law, which aims to bring education and training to the entrepreneurs. Also, the law will prevent the mistakes that entities do in their activity and to support the business environment.

The draft law has been submitted to the Senate and must be approved by the Parliament. We also wrote about this subject here and here.

So, let’s see what are they up to…

How it works

When the competent authorities make controls to a legal entity, they may observe deeds that according to the law are contraventions. Therefore, they may apply a legal sanction.

Still, the new law states that first the authority will only give a warning along with a redressing plan, which will contain redressing requirements. The requirements must be fulfilled by the entity within a deadline set by the authority, but not more than 90 days.

Furthermore, after the deadline expires, the authority will come for a second control to check the compliance with the plan. If the entity didn’t fulfill the obligations, it will be sanctioned according to the law.

Within a 3 years period, the entity can not benefit again from the legal provisions of the prevention law.

When does the prevention law apply

The provisions of the Prevention Law will apply to situations covered by the legislation in areas such as: fiscal, accounting, labor, electronic commerce, construction works, public administration, copyright, tourism, health, insolvency, consumer’s protection.

As examples, the law applies for the following deeds:

  • failure to publish on the personal internet page the fact that the entity is under the insolvency procedure;
  • failure to bring the land to the initial condition after the completion of the works, and to carry out the cleaning, arranging or rehabilitation, as the case may be, of the site and / or the adjacent lands temporarily occupied during the execution, upon completion of the basic works;
  • failure to notify the date of commencement of authorized construction works;
  • failure to give the book of construction by the investor to the owner, the documentation regarding the design and the documentation regarding the execution, at the reception of the works;
  • failure to complete and to keep the technical book of the construction according to the legal provisions;
  • failure to submit tax returns or late submission of tax returns;
  • failure to correct the defects in products or services or to replace products that do not meet the conditions within the legal term;
  • failure to fully and accurately inform the consumers of the essential characteristics of the products and services offered by economic operators;
  • failure to file at the Trade Register Office the decisions of the general meeting within 15 days, for stock companies;
  • failure to mention in the invoices, tenders, orders, tariffs, prospectus and other commercial documents issued by a company the name, legal form, registered office, trade registry number and unique registration code.

Obligations for authorities

The authorities involved must prepare and offer guides and informing materials and to publish on their sites information regarding:

  • the legislation on contraventions,
  • legal rights and obligations of the authorities in their area and of the entities subject to controls,
  • deeds for which the authorities can apply sanctions and their legal sanctions.

Also, the authorities must guide and offer help to entities for a correct implementation of the legal provisions. In this respect, they must prepare procedures for their employees. Also, they will make public the most frequent situations and their solutions and be helpful for the entities they control.

Moreover, an online portal must be implemented by the central authority. This portal will provide online services and legal resources for a correct information of the public.

Conclusions

Bottom line, the authorities are trying to be nicer with the business environment and with the entrepreneurs.

“The Prevention Law will grow awareness on the legal obligations and will contribute to a better information and communication with the authorities”, they say.

We will be watching the enforcement and will apprise any non-compliance or breach of the law by the authorities.

Quick service for accessing information on companies in insolvency

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Free services for checking up companies

Did you know that in Romania you may access free information on companies in insolvency from seven EU Member States? The Romanian Trade Register Office has implemented a quick service for accessing this kind of information.

Furthermore, this service is free of tax. Also, it was developed in a project run by the European Commission in collaboration with the insolvency registers of Austria, the Czech Republic, Estonia, Germany, the Netherlands, Romania and Slovenia.

Thus, the free information regards businesses that are subject to insolvency proceedings registered in the national registers of the above mentioned states. The information can be found here.

Check your business partners!

So, if you want to create a start up or if you want to finance a business in the U.E., using this service you may check your potential and current business partners by quickly accessing up-to-date and real-time information.

Also, the Romanian Trade Register Office offers free information regarding the companies mentioned in the Insolvency Proceedings Bulletin.  This information regards:

  • the name of the debtor;
  • the unique tax identification code;
  • the registration number;
  • the name of the procedural document published in the Insolvency Proceedings Bulletin;
  • the procedural document;
  • the number and date of the court file;
  • the court;
  • the bulletin number and the date of publication.

Why is Romania so attractive for investors

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Romania registered the highest annual economic growth in the European Union in the fourth quarter of 2016, according to Eurostat. This performance couldn’t have been reached without the investments coming from international companies that discovered here a very good environment for their businesses.

Even though a recent study of Eurostat shows that Romania has the highest growth of labor hourly cost in the fourth quarter of 2016 in the European Union, according to a study made by the financial group ING, Romania and Bulgaria are the countries from the Central and Eastern Europe that offer very profitable workforce for investors. Beside the fact that they are affordable, the workers from these countries are also handy.

But the workforce in Romania is not only cost-effective. World Economic Forum issued a report where placed Romania on 10th position in a top of Europe’s entrepreneurial hotspots. The report Europe’s Hidden Entrepreneurs: Entrepreneurial Employee Activity and Competitiveness in Europe looked at two forms of entrepreneurship: one beyond the typical start-up – intrapreneurship – and another named total early stage entrepreneurial activity.

The report defines intrapreneurs as entrepreneurs that don’t choose to start their own business using their ideas, but prefer to implement them within the companies they work for. They are called EEAs, which stands for entrepreneurial employee activity. The others are called TEA and are represented by people aged between 18 and 64 either actively trying to start a new business, or managing a business that is less than three-and-a-half years old, in which they have an ownership stake.

In Europe, a greater proportion of entrepreneurship is expressed as EEA than anywhere else in the world: 40% of entrepreneurial individuals are EEA entrepreneurs, compared with 29% in the United States.

The top makes an overall ranking, combining these two types of entrepreneurs, and places Romania on the 10th position.

So the employees in Romania are not only cheap, but very loyal and committed, being able to offer their ideas for improvements and innovation to the employers.

 

Student Entrepreneurial Companies – the future of entrepreneurship in Romania

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Starting with 23 February a new Order issued by Ministry of Education is regulating the Student Entrepreneurial Companies, a new-formed type of company designed to help young students and graduates in their first 3 years of graduation to develop their entrepreneurial skills.

According to it, these companies will be established by each university in Romania, being run by an executive board formed by teaching staff, tutors, local business people and students. Their main goal is to support, develop and encourage entrepreneurship in the universities, especially among students and graduates of higher education in order to increase competitiveness of universities in Romania, particularly by drafting guides related to business plans and/or project financing, mentoring, organizing events and competitions for start-ups and business ideas.

Furthermore, these companies will receive funding from the budget of the university, but the universities may also apply for grants and get other extra-budgetary resources.

The universities have a 6 months period to draft and adopt the inside rules and regulations for the companies’ activity.