Pavel, Margarit & Associates Romanian Law Firm

Both at the beginning of setting up a company in Romania and during the ongoing operations of an established business in Romania, drafting a shareholder agreement in Romania is essential.

The revocatory action in Romania, also known in legal literature as the Paulian action in Romania is the legal instrument by which the law ensures the protection of creditors’ interests against fraudulent acts performed to the detriment of creditors in Romania.

A Romanian company has several ways to expand its business, the most well-known being the signing of a franchise agreement in Romania.

In the current economic context, delays or failures to meet payment obligations between service providers, suppliers or contractors have become increasingly common.

Debt recovery in Romania can be carried out through various legal methods such as the common law procedure before the court, insolvency procedure,

In Romania, the Civil Code provides several ways of dissolution of marriage in Romania, including the divorce proceedings in Romania.

The appeal against an administrative act is an essential procedure through which an individual who feels wronged in their rights or legitimate interests by an administrative act can challenge decisions issued by public authorities.

A debt recognition agreement in Romania is an essential legal instrument in commercial and financial relationships.

A Romanian company can undergo various changes in the course of its business activities.

In a Romanian company, its activities are governed by the Romanian company law, specifically Law 31/1990, and are individualized in the articles of association.

In the current regulatory concerning anti-money laundering (AML) in Romania and counter-terrorist financing (CTF) measures, transparency in the ownership structure of companies is paramount.

In an obligation-based relationship, situations may arise where one of the parties fails to fulfill their assumed obligations.

Depending on its activity, a company in Romania enters into various types of contracts, these being the instruments that guarantee the existence of a legal commercial relationship.

A partnership agreement in Romania is an essential tool in the operation of a company in Romania,

Engaging administrator sole liability for tax obligations In a company in Romania, administrators perform key duties to ensure that the economic activity in Romania of the company in Romania operates efficiently and legally,

Companies mediating online payments must obtain BNR authorization Legal entities involved in online payment processing or online payment processors must obtain authorization from the National Bank of Romania or BNR,

Property boundary disputes, conflicts with real estate developers and price recovery from sale and purchase agreements Real estate disputes in Romania are becoming increasingly common as the real estate market in Romania continues to develop rapidly.

Action for tort liability in Romania To ensure that fundamental rights are respected, the Romanian legislator has regulated the concept of civil liability in Romania in the Romanian Civil Code,

Legal aspects of the usufruct agreement in Romanian civil law The usufruct agreement in Romania grants a person (usufructuary in Romania) the right to use and benefit from the fruits of a property belonging to another person (bare owner in Romania),

What to pay attention to when concluding a marketing service agreement in Romania? In contemporary society, marketing service agreements in Romania are commonly used among companies and entrepreneurs who want to promote their activities or services.

Romanian legislation provides for several types of loan contracts in Romania, which are used in practice according to the interests of the parties.

In the Romanian civil law, the sale contract in Romania represents the most frequently encountered legal relationship in Romania, being regulated by complex legal provisions.

A movable mortgage in Romania is established through the conclusion of a mortgage agreement in Romania and takes effect from the date the secured obligation arises,

Any company, once established, undergoes various changes within its structure, including those related to shares in Romania.

According to the Civil Code, the debate on the deceased’s inheritance in Romania represents the procedure through which the public notary or the court determines the assets which will be transferred to the heirs,

On June 26th, 2024, the Romanian Emergency Ordinance No. 77/2024 on amending and supplementing Mining Law No. 85/2003 came into force, bringing major amendments to the mining industry in Romania.

Recently, the Romanian Government adopted an emergency ordinance introducing significant changes to Law no. 227/2015 regarding the Fiscal Code in Romania.

The E-Transport system in Romania has recently undergone a series of legislative changes aimed at improving efficiency and transparency in the transport sector.

The notion of public procurement in Romania encompasses the acquisition of works, goods, or services through public procurement contracts in Romania by contracting authorities in Romania from designated economic operators,

The transfer of shares in Romania is the method by which ownership of shares held by a shareholder in a limited liability company (LLC) is transferred to an individual or a company as a result of concluding a share transfer agreement in Romania.

Legal assistance in litigation and enforcement procedures in Romania

What conditions need to be met in order to start enforcement proceedings in Romania?

Essential Legal Aspects for Real Estate Developers in Romania: PUZ, Urbanism Certificate, litigation and contracts

Debt recovery lawyer in Romania. Debt collection process in Romania

Real Estate Lawyers in Romania. Due diligence and purchasing an apartment or building in Romania.

Labor Lawyer in Romania. Workplace Harassment in Romania

Intellectual property lawyer in Romania. How to register a trademark in Romania?

How can a shareholder be excluded from a company in Romania? During commercial activities, different situations may arise where shareholders are excluded from a company, either due to a unilateral decision, internal disputes or changes in business perspectives.

ANRP lawyer in Romania. Appealing ANRP decisions in Romania The communist regime had a major impact on properties, being abusively confiscated during that period in Romania.

Corporate Lawyers. Establishment of a company by French citizens in Romania As a member state of the European Union, Romania offers an attractive environment for foreign investments, including for French citizens wishing to establish companies in Romania.

Opening of insolvency proceedings in Romania. Why is the statement of claim important? As provided for in the Romanian Law no. 85/2014 on insolvency prevention and insolvency procedures, insolvency in Romania means that state of the debtor’s patrimony which is characterized by the insufficiency of the available funds for the payment of certain,

Corporate lawyer in Romania. Registration of trade register mentions in Romania In 2024, there are numerous advantages to establish a company in Romania, and more and more entrepreneurs are choosing to start a business.

What is the difference between a loan agreements and an investment agreements in Romania? This article covers the differences between a loan agreements in Romania and investment agreements in Romania,

Corporate Lawyers. Why you should open a business in Romania? Currently, the process of company formation in Romania involves preparing and submitting the documentation required by the Trade Register, as well as obtaining the necessary authorizations to conduct the business legally.

Why you should incorporate a limited liability company (LLC) in Romania? In 2024, to incorporate a company in Romania, there are numerous advantages for entrepreneurs, which is why more and more limited liability companies (LLC) in Romania are set up from year to year.

How do you execute an European payment order in Romania? The need for continuous adaptation to changes in modern society has prompted the adoption of a law, namely the Regulation no. 1896/2006 establishing an European payment order procedure.

New changes to the legislation regarding tobacco products in Romania The end of March brought new legislative changes in the field of tobacco products in Romania.

Types of companies in Romania Currently, it is essential for a professional to initiate the process of company formation in Romania at the Trade Register and they have the option to choose between different legal forms,

According to the provisions of the New Civil Code, partition in Romania is the legal process to divide co-ownership in Romania or part the equitable interest in real property in Romania amongst co-owners.

In the context of the significant expansion of the Information Technology in Romania (IT) field, there is a noticeable increase in the number of software services agreement in Romania and IT consulting in Romania frequently concluded among professionals active in this domain.

When it comes to labor law and employment in Romania, the employment contract in Romania is the main instrument that regulates labor law relations, establishing rights and obligations for both the employer and the employee.

Corporate governance compliance in Romania represents a set of rules, practices, and processes that regulate the management and supervision of a company in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a prestigious Romanian company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO (Romanian Standardization Association).

The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a prestigious Romanian company operating in the metallurgical field for the preparation of a company standard in accordance with EU and ASRO (Romanian Standardization Association).

The Romanian Law Firm Pavel, Mărgărit and Associates assisted an important Romanian company in the field of design and execution of electric and gas installations in order to analyze the risks in regards to concluding agreements with insolvent companies in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Polish company whose object of activity is selling products online in order to analyze the terms and conditions under the contractual relation with the most popular online store of electronics and appliances in Romania,

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a Bulgarian citizen in order to recover the VAT paid on the purchase of a car in Romania by firstly analyzing the proof of acquisition,

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious company in the construction field Romania in order to obtain a favorable decision regarding the dispute between shareholders in Romania.

The Romanian Law firm Pavel, Mărgărit and Associates provides legal assistance to an important Indian investor in developing a labor accommodation project in Romania, mainly by drafting a due diligence report in Romania with respect to the property rights over two plots of land in Romania,

The Romanian Law Firm Pavel, Mărgărit and Associates successfully provided legal assistance to a Portuguese citizen in order to conclude a sponsorship agreement with a foundation in Romania, the law firm mainly analyzing the contractual clauses regarding the duration, object, amount and value of the sponsorship in Romania, as well as any other elements in order to protect the client’s interests.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to a prestigious company which object of activity is manufacture of metal structures and parts of structures, in order to recover a debt from a Romanian debtor, representing the payment for the services and products provided according to the obligations established by the sale and purchase agreement in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to an important investor in an energy project of photovoltaic parks in Romania in terms of legal, financing and project authorization matters.

According to Law 31/1990, companies can cease their existence by several ways, among which we mention the procedure of dissolution and liquidation in Romania, the expiry of the period for which the company was established, the bankruptcy of the company in Romania. The Romanian Law firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in insolvency, restructuring and bankruptcy in Romania and a��lawyer specialized in corporate and commercial law in Romania to provide legal services at the highest standards in regards to the procedure of dissolution of a company in Romania, liquidation of a company in Romania or bankruptcy proceedings in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has successfully provided legal assistance and representation to a prestigious Romanian company that operates in the construction field in Romania in order to settle a dispute between shareholders in Romania, establishing the strategy to be followed in order to protect the company’s best interests. A lawyer specialized in commercial, corporate, real estate and construction law in Romania can assist you in that type of matter, ensuring that the shareholder’s rights in Romania are respected and taking into account the possible dispute between the shareholders in Romania which may arise as a result of the abusive actions of the other shareholder, which lead, in most cases, to the exclusion of the shareholder in Romania.

Romanian Law Firm Pavel, Mărgărit and Associates would like to provide you information on restructuring and reorganization of a company in Romania, what is the procedure that  you can follow in such cases, what are the differences between the two procedures and what recommendations a lawyer specialized in insolvency,  restructuring and bankruptcy in Romania and a lawyer specialized in corporate law, commercial law, mergers and acquisitions, restructuring a company in Romania can provide you in this field. The purpose of initiating the proceedings is to modify the structure of a company’s assets and liabilities, which may involve corporate, operational and financial changes, which is why the Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in insolvency, restructuring and bankruptcies in Romania and  a lawyer specialized in corporate, commercial, mergers and acquisitions in Romania to provide you legal services at the highest standards, having expertise in advising companies in the insolvency procedure in Romania, merger, division and transformation in Romania, agreement with creditors in Romania or bankruptcy in Romania.

According to the Romanian Law 31/1990 on companies, when a company creates a new independent company by selling or distributing new shares of its existing business, this is called a spin-off procedure in Romania. A spin-off procedure in Romania is realized when the assets are transferred in totally or in part to a new or existing company. The spin-off procedure in Romania is decided by each company in Romania, under the conditions established for the amendment of the articles of incorporation of companies, by voting the plan for the spin-off in Romania. The Romanian Law firm Pavel Margarit and Associates recommends contacting a lawyer specialized in spin-off procedure, corporate and commercial law in Romania, who can provide legal assistance and representation in spin-off process in Romania, legal services consisting in drafting the legal documentation necessary for the spin-off, namely the representation before the competent authorities in the various stages of the process, as well as a lawyer specialized in commercial litigation in Romania, in case of objections to the plan of spin-off in Romania and not only.

The zonal urban plan (PUZ) in Romania is an important tool for the urban development of an area, containing detailed information about all the functions of the area, such as housing, green spaces in Romania, public institutions, services, etc. Through the zonal urban plan (PUZ) in Romania, a coherent and integrated urban development of the respective area is ensured in Romania, in accordance with the provisions of the general urban plan (PUG) of the involved area, establishing also specific rules or criteria for the constructions in Romania and the use of the land in Romania, in relation to the respective area. Given that there may interfere changes in the utility and use of the property, the need to amend the zonal urban plan (PUZ) in Romania may become necesaary, by drawing up the related documentation. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in real estate and construction law in Romania, who can guide you in the procedure of amending the zonal urban plan (PUZ) in Romania, being known that in the field of real estate and construction in Romania, the necessary technical documentation is complex, which not infrequently leads to the delay of the entire procedure.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance to an important company which object of activity is the import and distribution of medical equipment in Romania in the procedure of sale and purchase for shares in Romania,  legal assistance including at this stage the analysis and reporting to the client of the most important aspects to be taken into account in the process sale and purchase for shares in Romania, mainly being about the financial analysis in Romania or the clauses on which the attention should be directed when the sale and purchase agreement for shares in Romania is concluded, a lawyer specialized in civil law, corporate law and commercial law in Romania being able to provide legal services, including reviewing the sale and purchase agreement for shares in Romania and the due diligence in Romania, in accordance with the interests of the parties.

The intellectual property right in Romania protects various forms of intellectual creations, such as trademarks, patents, literary works, artistic works, even computer programs (software) in Romania. In the contemporary society, more and more developers in the IT field Romania continue to advance in terms of software development in Romania. Given that the computer programs (software) in Romania represent intellectual creations in Romania, it is necessary to protect the copyright in Romania, giving the creator an absolute right to use and exploit the intellectual creation in Romania, respectively the computer programs (software) in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in intellectual property and copyright protection in Romania in order to ensure the protection of the software paltform in Romania developed by the creator and to guide you regarding the necessary steps to prevent the infringement of intellectual property rights in Romania.

The Romanian Law Firm Pavel Mărgărit and Associates provided legal assistance to the most well-known farm for the production of organic consumer eggs in Romania in order to conclude a transaction with a Romanian investor, having as object a project financed from European funds in Romania. Legal assistance consisted in reviewing the sale and purchase agreement for shares in Romania, respectively the sale contract for the land related to the investment, as well as assistance and representation before the notary public in negotiating and signing agreements and other documents specific to transaction.

According to the Romanian Law 31/1990 on commercial companies, the establishment of the headquarter of the companies in Romania is an important element for its functioning. The commercial companies in Romania that have difficulty in finding a place for their headquarter of the company in Romania may proceed to the establishment of headquarter of the company in Romania at the lawyer’s office, for maximum 1 year. The Romanian Law no. 51/1995 for the organization and practice of the lawyer’s profession provides that lawyers may temporarily host the headquarter of the company in Romania, based on a legal assistance agreement in Romania, which object is establishing the headquarter of the company in Romania at the lawyer’s office.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to the biggest Romanian company in the field of Multi-level Marketing and information technology (IT) in Romania, in order to develop an online platform in Romania, in accordance with the legal requirements in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides legal assistance and representation to a prestigious property developer in Romania in order to amend the Zonal Urban Plan (PUZ) in Romania, taking into account the possibility of building a playground and a restaurant in Romania. Our Law Firm’s team of lawyers specialized in real estate and construction law in Romania could assist you in the procedure of amending the Zonal Urban Plan (PUZ) in Romania, being known that, on real estate and construction field in Romania, the technical documentation is complex, requiring specialized assistance in order to guarantee the achievement of the requirements imposed by the Romanian authorities.

Pavel Mărgărit & Associates Romanian Law Firm assists one of the most prestigious German companies in the field of energy and construction on a quarterly monitoring of the Romanian legislation in areas of interest for the client, such as environmental law, real estate and construction, energy and natural resources, intellectual property, administrative-fiscal law in Romania and not only. Thus, the specialty assistance consists in the analysis of the previously mentioned practice areas, being highlighted, through a comprehensive legal research, the legislative updates in Romania, especially those changes that impact the client directly in the performance of his activity, occasion for which Pavel Mărgărit & Associates Romanian Law Firm recommends contacting a lawyer specialized in consultancy matters in Romania, considering the multitude of legislative acts in Romania as well as the need to interconnect and corroborate them, regardless of the field that is the subject of discussion.

The Pavel, Mărgărit și Asociatii Law Firm successfully assisted a Romanian company that carried out business and management consultancy activities to be removed from the records of the competent Trade Register as a result of the simultaneous dissolution and liquidation procedure. The Pavel, Mărgărit și Asociatii Law Firm recommends using the services of a lawyer specialized in corporate law, commercial law, mergers and acquisitions who can advise you on the documents required for this procedure and assist you before the Trade Register in order to submit the documents and obtain the certificate deletion related to this operation.

The Pavel, Mărgărit și Asociații Law Firm , specialized in media and communications technology (TMT) , as well as blockchain, cryptocurrency and token/NFT sales in Romania, assisted a Romanian company, affiliated in the USA, operating in the field of the sale of cryptocurrencies and non-fungible tokens/tokens (NFTs), in the preparation of the necessary documentation for the token/NFT sale operation in the private (private sale) sale in Romania, consisting of the revision of the Token Sale Agreement, revision of the Terms and Conditions applicable to the private sale , from the perspective of Romanian legislation. Pavel, Mărgărit and Associates recommend using the services of alawyer specializing in technology, media and communications (TMT), blockchain, cryptocurrencies and NFTs, who can advise you on the drafting and/or review of such contracts in the IT and blockchain industry in Romania , including, without the limit to contracts for the sale of tokens/NFT in private rooms , as well as any other smart contracts for the provision of services in the field of information technology.

Every year, several hundred patients file complaints against doctors for alleged cases of malpractice. Doctors should inform themselves both about the responsibility of the medical act and about the way to take insurance measures or, in the last instance, to challenge the sanctions received in the courts, drew the attention of Av. Laura Scutaru, Managing Associate of the law firm Pavel, Mărgărit si Asociații, a law firm specialized in litigation and arbitration within the conference "Excellence in Medicine in Pharmacy", the 2nd edition, organized by the Bucharest Chamber of Commerce and Industry and Universul Legal.

Any person who finds himself in a situation where a final decision damages his interests can challenge the final decision , following the procedure before the European Court of Human Rights . The law firm  Pavel, Mărgărit și Asociații from Romania  recommends contacting a lawyer specialized in litigation and human rights to guide you in the steps necessary to challenge a final decision before the European Court of Human Rights .

Although the choice of the type of Authorized Natural Person (PFA) existing in Romania seems to be at the free choice of the entrepreneurs, in reality it is influenced by the activity to be performed, more precisely, it is about the CAEN codes specified in Order no. 925/2017. The Romanian law firm Pavel Mărgărit and Associates recommends calling on the services of a lawyer specialized in commercial and fiscal corporate law, considering the fact that the type of Authorized Natural Person (PFA) existing in Romania and which will depend on the activity carried out will influence the entire r legal status of the Authorized Natural Person (PFA) in Romania , especially when it comes totax payment procedure by Authorized Natural Persons (PFA) in Romania.

The Romanian Law Society Pavel Mărgărit y Asociatii successfully assisted the largest manufacturer of household appliances originating in Poland, in the opening of insolvency proceedings in Romania, by registering in the credit table in Romania against a Romanian company whose activity is Retail trade through through the order houses or via the Internet. The Romanian Law Society Pavel Mărgărit y Asociatii has numerous lawyers specialized in insolvency, restructuring and bankruptcies in Romania, who have carried out a thorough analysis of the creditor's situation, the contractual relationship with the debtor, as well as the existence of the claim as a whole.

The law gives the entitled person the possibility to request the registration of the property right over a property in the Land Register, regardless of whether he is the owner or the creditor of a claim against the owner of the property. If the Office of Cadastre and Real Estate Publicity issues a decision rejecting the application for registration, the interested person can file a request for re-examination against the rejection decision. Thus, a complaint against the refusal to register the property right against OCPI can be promoted. A lawyer specialized in litigation, real estate law and cadastre & town planningcan offer advice on the possibilities of challenging the decisions issued by the Office of Cadastre and Real Estate Advertising in such cases, as well as assistance and legal representation before the court of law if the request for review against the rejection decision is also rejected.

If you find yourself in a situation where you do not know how to act so that the advance given at the conclusion of the bilateral sale-purchase promise is returned to you, or you wish to obtain interest damages caused by non-compliance with the assumed obligations, you must consider the significance of the promise thus concluded , the existence of enforceability as well as the order of remedies that you can apply. The Pavel, Mărgărit și Asociații law firm recommends using the services of a lawyer specialized in commercial law, real estate law and commercial litigation because often the application of remedies is influenced by the provisions contained in the promise to sell-purchase the property, which is why an analysis is needed careful consideration of the clauses contained.

Thus, according to the new provisions, the assignment of 50% of the social shares in a company, carried out within 12 months from the date of establishment of the company, can be carried out and becomes objectionable, only after the completion of the fiscal inspection carried out by the specialized bodies within the Agency National Fiscal Administration, fiscal inspection that will be carried out in a maximum of 30 days.

In accordance with the Memorandum of Foundation of the Project, the following changes to the Fiscal Code and the Fiscal Procedure Code are proposed:

Pavel Margarit and Associates Romanian Law Firm successfully assisted a company from Nepal in order to obtain the registration of a recruitment agency in Romania that shall carry out employment recruitment agency activities in Romania.

Pavel, Mărgărit and Associates Romanian Law Firm provided legal assistance services to the representatives of a prestigious Italian company in a project regarding the incorporation of a company in Romania whose main activity is the retail sale of hardware, paints and glass an object, including a large business area in Romania in terms of the trade of metallurgical products.

Pavel, Margarit and Associates Romanian Law Firm successfully represented a company from Slovakia that operates in the real estate and construction sector in a litigation and debt recovery case in Romania that involved recovering a substantial debt as a result of non-performance of the debtor’s obligation to deliver the goods as agreed by the parties.

The Law Firm Pavel, Mărgărit & Associates, specialized in commercial litigation and insolvency, successfully assisted and represented a Croatian construction company in the insolvency moratorium procedure in Romania. Given that the company was not mentioned in the list of unsecured creditors, the law firm appealed the list of creditors, which was accepted by the insolvency practitioner named in insolvency moratorium procedure, and the company’s certain, liquid and due debt was registered in the list of creditors. The Romanian insolvency moratorium procedure promoted by the debtor company was managed by a well-known Romanian insolvency practitioner in order to manage the procedure.

The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in real estate and construction in Romania to foreign citizens who wish to purchase real estate properties in Romania with the aim of acquiring the ownership right in Romania according to the current applicable law.

The Romanian Law Firm Pavel, Mărgărit and Associates assists and represents the largest naval company from UK regarding the debt recovery in Romania, representing an advance on the sales agreement of an electric motor boat in Romania. A lawyer specialized in debt recovery and civil litigation can guide you in recovering sums of money in Romania, both in the stage of negotiations and later, during the procedural and processual stages, considering that often, the debtor’s bad faith, considering the non-execution of the contractual obligations, leads to a difficult and long-lasting process.

A joint venture agreement is a contract whereby a person provides, to one or more persons, a share in the benefits and losses of one or more operations that he or she undertakes. In other words, the joint venture agreement is usually concluded between practitioners in Romania, being a form of association between two or more persons, without acquiring legal personality. Intellectual property law, especially copyright, plays an essential role in terms of the benefits that practitioners have in Romania, which is why the Romanian Law Firm Pavel Mărgărit and Associates recommends using the services of a lawyer specialized in Intellectual Property Law, Corporate Law and Commercial Law in Romania, who can establish the conditions of the contractual relationship, rationalizing on the contributions of each shareholder, their activities, the management of the association as well as the way of sharing the results of joint activities. The conclusion of a joint venture agreement  in the field of information technology (IT) in Romania requires special attention regarding the clauses included, not infrequently, the evasive clauses being the cause of the disputes between the shareholders, this being the reason why the Romanian Law Firm Pavel Mărgărit and Associates proposes to outline the elements on which practitioners in Romania must be cautious when  establishing such a contractual relationship.

Tax registration in Romania is an essential requirement for individuals who owe taxes in Romania, whether it is a Romanian or foreign citizen with operations in Romania. According to the Tax Procedure Code, the tax registration in Romania is based on a tax registration number (TRN) in Romania, representing a numerical code that attests that the individual has been taken into the register of the tax authority in Romania and that he can declare his tax liabilities in Romania. Thus, a Ukrainian citizen can obtain a tax registration number (TRN) in Romania, in order to be able to pay taxes in Romania, even if he is not resident. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in tax law, tax registration and obtaining the tax registration number (TRN) that can guide any Ukrainian or foreign citizens in declaring tax liabilities in Romania and facilitate relations with the tax authority in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provides assistance and representation in the intellectual property area in Romania to a successful Romanian company which object of activity is Multi-Level Marketing (MLM) training and consultancy in order to obtain a favorable solution for the request of payment for violation of intellectual property rights in Romania on a software platform developed by the company.

According to Romanian Law no. 85/2014, insolvency is a process by which a company does not have the payment means to pay certain, liquid and exigible debts in Romania. This situation can be solved by involving all creditors in the process and by carrying out the  procedures provided by the law. Therefore, the company may go through the judicial reorganization procedure in Romania in order to obtain a solution for debt recovery in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a specialized lawyer in insolvency, judicial reorganization and corporate law in Romania, who can guide and assist you in the insolvency procedure in Romania, respectively in the judicial reorganization procedure in Romania, for the possibility of obtaining a financial recovery with regard to the payment of certain, liquid and exigible debts in Romania to creditors.

Public procurement procedure is the acquisition of works, supplies or services by means of a public procurement agreement in Romania that is concluded between one or more contracting authorities and one or more economic operators, regardless of whether the works, supplies or services aim to achieve a public interest or not. Any economic operator has the right to participate in the public procurement procedure in Romania in order to be granted a public procurement agreement in Romania, as a bidder or candidate, in compliance with qualification and selection criteria. According to the Law no. 98/2016 regarding public procurement procedure in Romania, the non-fulfilment of this criteria leads to the exclusion of the bidder from the public tender procedure in Romania. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a specialized lawyer in procurement and public tender procedures in Romania who can guide you in the procedure of public procurement in Romania with the aim of concluding public procurement agreements in Romania, according to the applicable law in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has provided first-class legal services to a Romanian citizen residing in Germany, in order to carry out the necessary steps for the enforcement of the court decision in Romania regarding the completion of the civil status documents in Romania, respectively the marriage certificate in Romania, in which the names of the parents of the spouses were missing as a result of the procedure of transcription.

The end of 2022 brought substantial changes by means of Law no. 265/2022 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. Among the amendments that you shall need to pay attention to when you register a company in Romania is the removal of the requirement for full payment of the share capital contribution of a limited liability company in Romania, the existence of a single standard affidavit regarding the fulfillment of the necessary formalities for the registration in the Trade Register in Romania and the removal of the requirement for the submission of the signature sample. The Romanian Law firm Pavel, Margarit and Associates recommends contacting a specialized lawyer in commercial law and registration in the Romanian Trade Register who can guide you in the procedure of company incorporation in Romania, preparing and submitting the necessary documents to the competent Trade Register in Romania.

Starting with 13th of January 2023, important amendments were made to the Romanian Law no. 50/1991 on the authorization of construction works in Romania, simplifying the documentation for obtaining the building permit for photovoltaic parks in Romania for the development of renewable energy projects in Romania on agricultural land located outside the cities in Romania. Romanian Law no. 21/2023 on authorizing the execution of construction works in Romania implements the new changes that favor the acceleration of the development of photovoltaic parks in Romania and of green energy in Romania with a significant period of time. The Romanian Law Firm Pavel, Mărgărit and Associates is recognized for first-class legal services in the field of energy law in Romania, respectively in construction works in Romania and obtaining the necessary authorizations for photovoltaic parks in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in energy, renewable resources, construction of photovoltaic parks, solar power, solar projects, solar power plants, solar energy parks, solar energy and construction in Romania who can guide you in the procedure of obtaining the authorization of construction works for the construction of photovoltaic parks in Romania on agricultural land located outside the cities in Romania.

The Romanian Law Firm Pavel Margarit and Associates provided legal assistance of the highest quality to a well-known company from Israel in the field of recreational and entertainment activities, in order to draft an employment agreement in Romania. The Law Firm’s assistance consisted, among other things, in drafting an employment agreement in Romania, taking into account the amendments made to labor legislation by Order no. 2171/2022 in Romania, the team, composed of lawyers specialized in civil law and the conclusion of employment agreements in Romania, establishing the conditions under which the employee in Romania undertakes to carry out his activity, in exchange for the payment of the salary rights. The Romanian Law Firm Pavel Margarit and Associates recommends contacting a lawyer specialized in civil law and conclusion of employment agreements in Romania, who can assist you in a drafting the employment agreement, considering the fact that, following the new amendments made to labor legislation by Order no. 2171/2022 in Romania, new mandatory terms of the employment agreement have been introduced, terms that must be included in the individual employment agreement in Romania, the non-compliance with them attracting important consequences in terms of the registration of the individual employment agreement in Romania.

The Romanian Law Firm Pavel Mărgărit and Associates provided legal assistance of the highest quality to a well-known company from Israel in the field of recreational and entertainment activities, revising a lease agreement in Romania that has as its object an immovable property in Romania from a prestigious area, in the center of the capital. The Law Firm’s assistance consisted, among other things, in removing the abusive clauses from the lease agreement in Romania, negotiating the terms of the lease agreement in Romania, as well as drafting the clauses that allow the lessee to work from home in Romania. A lawyer specialized in civil law, the conclusion of lease agreements and civil litigation in Romania can guide the client in the procedure for concluding a lease agreement in Romania by revising or drafting the clauses of the lease contract in Romania.

It is important to note that Ukrainian citizens who wish to purchase an apartment in Romania can conclude a sale-purchase agreement for this purpose only under certain conditions. Pavel, Margarit and Associates Romanian Law Firm recomands contacting a specialized lawyer in real estate and construction law in Romania in order to assist Ukrainian citizens with the legal steps for the acquisition of private property in Romania and to provide consultancy in order to be compalint with the povisions of Law no. 312/2005 regarding  acquiring ownership right in Romania for non-EU citizens.

Any company or entrepreneur who wants to import tobacco products from a country outside EU to Romania, raw tobacco or processed tobacco originating from its own import operations in Romania, from own intra-community acquisitions or from intern production, they must be authorized as an importer and have the quality of authorized importer of tobacco products in Romania who produce, convert, own, receive or dispatch freights in a tax warehouse. Romanian Law Firm Pavel Margarit and Associates recommends to contact a lawyer specialized in commercial and tax law in Romania in order to obtain the appropriate authorizations to proceed the activity of importing tobacco from a country outside EU to Romania.

Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the quality of enforceable title in Romania. Thus, if the payment obligation in Romania is not respected on the basis of the promissory note in Romania at maturity, the creditor is entitled to request directly the enforcement in Romania. Law no. 58/1934 also provides the way in which the cancellation of the promissory note in Romania and appealing against enforcement in Romania can be obtained. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in commercial disputes, litigation and cancelling promissory notes and appealing against enforcement in Romania who can guide you in the procedure of cancelling promissory notes in Romania and appealing against enforcement in Romania.

A contract of services and a subcontract agreement in Romania is a document that defines the terms of an agreement between a construction services provider in Romania and a customer who is requesting to perform a certain material or intellectual work in Romania, or to perform services activities in Romania, in exchange for a price. The Romanian Law Firm Pavel, Margarit and Associates recommends contacting a lawyer specialized in civil law who can guide a real estate developer in the procedure of revising a construction contract and a subcontract agreement in Romania.

The Romanian Law Firm Pavel Margarit and Associates provided legal assistance and representation to a Romanian citizen in a dispute concearning the appeal against a compensation decision issued by the National Real Estate Compensation Commission (C.N.C.I.), in order to establish the correct and objective value of the property.

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.

Following the Romanian Law no. 165/2013 regarding the restitution of properties in Romania, natural persons whose real estate properties has been taken over abusively in Romania can ask for the support of lawyer specialized in appeal against the compensation decision issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP), retrocessions, real estate law and civil litigation in Romania, to assist and represent them in the appeal against the compensation decision issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP), if they are facing a property undervaluation by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP) of the real estate properties taken over abusively in Romania, according to Romanian notaries grids value, through the compensation decision  issued by the Romanian National Commission for Property Compensation (referred to as CNCI)/ the Romanian National Authority for Property Restitution (referred to as ANRP).

Starting with October 22, 2022, the Romanian Law no. 283/2022 entered into force in Romania for amending and supplementing the Law no. 53/2003 – Romanian Labor Code, as well as the Romanian Government Emergency Ordinance no. 57/2019 on the Romanian Administrative Code, and thus the employment agreement in Romania was amended. The main amendments to the Romanian Labor Code concern aspects such as: the unfavorable treatment of the employees in Romania, dismissal of the employees in Romania, working hours in Romania, information that the employer must provide to employees prior to employment, employee rights in Romania, elements of the employment agreement in Romania, etc. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in labor law in Romania who can provide legal assistance and consultancy in Romania regarding the aspects related to the employment agreements in Romania and labor disputes in Romania, given the complexity and strictness of the new provisions in Romania.

Pavel, Margarit and Associates Romanian Law Firm offered legal services to a major player in IT and tech industry from U.S.A. active in the field of computer programming activities services and online games in Romania, consisting in drafting of a comprehensive legal opinion covering both fiscal and commercial issues in Romania, regarding the system of the sole proprietors in Romania. The analysis consisted of extensive research in which were described, among other things, the advantages and disadvantages of the types of sole proprietors in Romania, the tax payment procedure for sole proprietors in Romania related to each system thus presented as well as the procedure for registering a sole proprietor in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates, specialized in commercial law, GDPR, media and communications technology (TMT) in Romania, provided guidance to a UK IT company that developed a platform that automatically generates CVs for interested persons who fill in certain essential fields on the website where the platform is found, in reviewing the Romanian Terms and Conditions, as well as the Privacy Policy, documents necessary for the operation of the website where the platform is located.

Pavel Margarit and Associates Romanian Law Firm successfully assisted a major Polish producer of household appliances to registration as a creditor following the opening of the insolvency proceedings in Romania against a Romanian Company which object of activity is retail sale via mail order or via Internet in Romania. Pavel Margarit and Associates Romanian Law Firm has many lawyers specialized in insolvency, restructuring and bankruptcy in Romania who have carried out a detailed analysis of the creditor’s situation, the contractual relation with the debtor, as well as the existence of the debt as a whole.

The Romanian Law firm Pavel, Mărgărit and Associates has provided legal assistance to the largest distributor of floating homes and properties in the United Kingdom in order to recover a debt that constitutes the advance payment in the sales agreement of an electric motor boat in Romania. The Romanian Law Firm Pavel Mărgărit and Associates presents a variety of lawyers with top-tier experience in debt recovery and civil litigation in Romania, who can provide legal assistance in the field of debt recovery and civil litigation in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has provided legal assistance to a Canadian citizen regarding the questions on the taxation of cryptocurrencies in Romania, as well as the Romanian tax legislation for the revenues obtained from the transactions with cryptocurrencies in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in cryptocurrencies and virtual currency transfers in Romania in order to advise you on transactions with cryptocurrency in Romania, the taxation of cryptocurrencies in Romania or any other issues related to the Romanian tax legislation.

The Romanian Law firm Pavel Margarit and Associates successfully assisted the only importer and distributor of the most popular brand of premium paints in Romania against a Romanian company, which object of activity is real estate construction and sale of wood products Romania, in order to recover some amounts of money contained in the tax invoices bearing penalties and for the termination of using trademarks registered in Romania, as it’s stipulated in the distribution agreement of paints products in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates provided legal assistance to a major American property developer on Real Estate and Construction law in Romania, namely the revision of a design services contract in Romania regarding a residential complex in Romania.

The Romanian Law Firm Pavel, Mărgărit and Associates has provided legal advice to the first-rated travel agency in Romania in order to review a lease agreement in Romania regarding a hotel on the Black Sea coast in Romania. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in civil law and concluding lease agreements in Romania, who can guide you in the procedure of concluding a lease agreement in Romania in accordance with the legal provisions in Romania.

Pavel, Margarit and Associates Romanian Law Firm provided legal assistance to a UK company that provides consultancy services in Romania, consisting in the elaboration of a legal opinion on the amendments brought to the Romanian Fiscal Code since 1st January 2023 and the risks to which the client may be exposed, both from a legal and fiscal points of view.

Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the quality of enforceable title in Romania. Thus, if the payment obligation in Romania is not respected on the basis of the promissory note in Romania at maturity, the creditor is entitled to request directly the enforcement in Romania. Law no. 58/1934 also provides the way in which the cancellation of the promissory note in Romania and appealing against enforcement in Romania can be obtained. The Romanian Law Firm Pavel, Mărgărit and Associates recommends contacting a lawyer specialized in commercial disputes, cancelling promissory notes and appealing against enforcement in Romania who can guide you in the procedure of cancelling promissory notes in Romania and appealing against enforcement in Romania.

The Romanian Law firm Pavel Margarit and Associates successfully assisted the only importer and distributor of the most popular brand of Premium paints in Romania against a Romanian company which object of activity is the production of doors in Romania.

In the last few years in Romania, there have been various external events such as the Covid-19 pandemic, the war in Ukraine or the Suez Canal crisis, which have determined various economic imbalances which have led to the non-fulfillment of the contractual obligations due to the hardship, force majeure or unforeseeable circumstances, in Romania. In most situations, these imbalances were manifested by the price increase in Romania, the Romanian service providers being forced to resort to the adaptation of the agreement and even in the last instance to the termination of the effects of the agreement in Romania, as a result of the failure of the negotiations. Pavel Margarit and Associates Romanian Law Firm recommends to contact a lawyer specialized in commercial law and litigation in Romania considering the fact that not every external, invincible event leads to a contractual imbalance in Romania, as it cannot be said that any provider of services in Romania has experienced fluctuations in the management of its own businesses in Romania.

The appeal against enforcement is a way to obtain the annulment of any measure of forced execution by the interested party by forced execution. After the initiation of forced execution, the interested parties may request by means of appeal against enforcement the annulment of the hearing report by which the application for a declaration of enforceability was granted, if the legal conditions have not been met Pavel, Mărgărit & Associates Law firm in Romania recommends using the services of a lawyer specialized in civil law, appeals against enforcement and litigation to guide you in the necessary steps to draft appeal against enforcement regarding an enforceable title.

The individual employment contract creates rights and obligations between the employee and the employer for the established period, forming an employment relationship between the parties. The Labor Code provides for 3 cases of termination of the individual employment contract/agreement: ipso jure, as a result of the agreement of the parties on the established date or as a result of the unilateral will between the parties (dismissal or resignation). The Romanian Law Firm Pavel, Mărgărit & Associates recommends addressing a labor law lawyer to provide you guidance regarding the termination of an individual employment contract.

The preventive agreement concluded with creditors in Romania consists of a contract between the debtor and the creditors by which the creditors’ requirements are met, with personal and patrimonial implications, being carried out instead of the bankruptcy proceedings. The preventive agreement with creditors in Romania consists of financial recovery measures. The Romanian Law Firm Pavel, Mărgărit & Associates recommends contacting a Romanian lawyer specialized in commercial, insolvency/restructuring and insolvency proceedings to provide you with guidance on the opening of the agreement with creditors procedure.

If you find yourself in a situation where you do not know how to act so that the deposit given at the conclusion of the pre-contract for the sale-purchase of a property in Romania is returned to you, or you wish to obtain damages caused by the non-fulfillment of the obligations, you must consider the significance of the pre-contract thus concluded , the existence of enforceability as well as the order of remedies that you can apply in Romania. Pavel Margarit and Associates Romanian Law Firm recommends addressing to a Romanian lawyer specialized in commercial law, real estate and commercial litigation because often the application of the remedies is influenced by the provisions contained in the pre-contract for the sale-purchase of a property, which is why a careful analysis of the contained clauses is needed.

Business relationships between professionals in Romania can bring a number of advantages, but often also various inconveniences. The latter are often caused by non-compliance with pecuniary obligations, which is why the parties involved may end up being enforced. In order to be enforced in Romania, it is necessary to go through some steps to obtain an enforceable title. To prevent this difficult procedure, any of the parties wishing to benefit from a guaranteed payment obligation in Romania can provide a guarantee by requesting a promissory note / cheque / bill of exchange from the other party and signing these enforceable titles by a guarantor debtor. Pavel Mărgărit and Associates Romanian Law Firm recommends using a lawyer specialized in commercial law and enforcement proceedings/ foreclosure in Romania to guide you in choosing a type of commercial guarantee suitable for your business, and may also offer you guidance in rejecting any foreclosure/ enforcement proceedings or cancellation of the summons received, by filing the enforcement appeal in the form of opposition to the summons in Romania.

The liability of the constructor in Romania for the executed construction works is regulated by the provisions of the art. 1879 – 1890, Romanian Civil Code. The executed works are subject to terms regarding their operating performance in the sense that the works must fully comply with the requirements and quality indices provided in the Technical Project, specification, agreement with the beneficiary and construction quality legislation, aspects that result from the Qualitative Reception Document at the end of the works, as well as the Acceptance report.

The succession/inheritance procedure can be a complex one, being involved documents and the relationship with various state Romanian institutions, especially in the situation where there are many movable or immovable assets that are about to enter the patrimony of another person. Given the complexity of the procedure and the steps to be taken in order to open the succession/inheritance procedure, Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Succession law and Civil law who can advise you on the steps to be taken in such cases, as well as provide legal assistance and representation before the notary public or any other Romanian authority.

Over time, more and more foreign investors or individuals have incorporated companies in Romania according to national statistics. At national level, in 2020, a number of 109.939 companies were incorporated in Romania, and in 2021, 34.89% more were incorporated, respectively a number of 148.294 companies. Thus, investors from various countries of the world, especially China, want to start an economic activity in Romania, in various industries, the objects of activity of the companies thus established including various sectors of activity. People or Chineese companies have deloped a remarkable impact on the company incorporation in Romania. In this article, the Romanian Law Firm Pavel Mărgărit and Associates presents the legislation in force regarding the incorporation of a company in Romania by investors from China as well as the conditions for starting the activity in Romania, a special importance having the legal regulations in order to maintain a linear activity.

Given the fact that one of the possibilities provided by Divorce Romanian law for dissolution of marriage is amicable divorce, there are a large number of people who prefer to follow the notary divorce procedure in Romania to the procedure before the Romanian court of divorce and assets division, for both financially and emotionally obvious reasons. Therefore, the Romanian Law Firm Pavel, Mărgărit and Associates recommends using the services of a lawyer specialized in family law in Romania, as well as divorces and assets division in Romania, to help you understand the effects of divorce and partition of common goods in Romania, both patrimonial and extra-patrimonial, as well as to assist you in the procedure of assets division between spouses in Romania.

Hiring a person in Romania involves some steps that every employer shall take into account when recruiting a new employee. Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law, Civil law, GDPR who can advise you on the steps can advise you on the steps to be carried out in such cases, as well as providing legal assistance in drafting and /or reviewing the necessary documents, for instance: employment agreement, job description, internal regulations, or advising on the implementation of GDPR policies in labor relations.

The annulment of an illegally issued title deed in Romania may be requested by any person justifying an interest. If title deed was issued on the name of another person this could be subject of annulment in Romania. Court will settle the property right over the land in Romania according with the documents submitted.

As our world is more and more interconnected, people wish to have a vast amount of flexibility when establishing a company in Romania in order for both their business and national economy to flourish. Therefore, the European Union paved the way towards stability by harmonizing the steps that need to be taken in order to create a company in Romania, such as systematized formation or disclosure requirements in Romania. Incorporating a company in Romania is a process that needs to meet certain legal requirements. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in corporate, commercial and M&A in Romania who can advise you in drafting or reviewing the necessary documents when setting up your own company in Romania, in accordance with European legislation.

One of the four freedoms which came along with the creation of the European Union is the freedom of establishment. This freedom includes the right of a legal person duly established to have a new business set up and the freedom of migration of legal person after incorporation from Member State A to Member State B (cross-border company migration). Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in corporate, commercial divisions and M&A (mergers and acquisitions) in Romania who can advise you in drafting or reviewing the necessary documents when engaging in extraordinary transactions mergers, divisions and acquisitions in Romania, in accordance with European legislation.

Signing an agreement in Romania creates rights and obligations between the parties for a particular period of time. Thus, by starting a litigation matter in Romania, one person may claim the obligation of the other party to respect the violated right or to perform the assumed obligation, and if it is no longer possible, to pay for the damages suffered or to recover the unpaid debt in Romania. The Romanian law firm Pavel, Mărgărit & Associates recommends using the services of a lawyer specialized in litigation, civil law and debt recovery in Romania to guide you in the necessary steps to draft a claim against the contractual partner in Romania.

Given the fact that in practice various errors may occur when drafting the civil status documents, Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Litigation, Dispute resolution and Family law in Romania who can advise you on the legal means that one may employ with the aim of obtaining the annulment, amendment or rectification of the civil status documents in Romania.

Following the promulgation of Law no. 10/2001 regarding the legal regime of the property taken over abusively in Romania, the Romanian legislator offered the opportunity to the persons prejudiced by the abusive takeover of the property by the Romanian state to appeal to the competent authorities, namely the National Authority for Property Restitution (ANRP), in order to obtain reparative measures either in nature or in equivalent in Romania. Later, by Law no. 165/2013, the National Commission for Real Estate Compensation (CNCI) was established, establishing that requests with the object of issuing a Compensation Decision must be resolved within 5 years, starting from the date of entry into force of Law no. 165/2013. Although the legislation in force has clearly established a way of evaluating the immovables taken over abusively, in most cases CNCI did not proceed with a properly performed evaluation, a fact that determined the existence of several disputes before the courts, people requesting a correct evaluation by appealing the compensation Decisions issued. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a lawyer specialized in ANRP/CNCI retrocessions, real estate law and civil litigation to assist and represent the interested parties in view of appealing the Compensation Decisions in Romania.

Business relationships between professionals in Romania can bring a number of advantages, but often also various inconveniences. The latter are often caused by non-compliance with pecuniary obligations, which is why the parties involved may end up being enforced. In order to be enforced in Romania, it is necessary to go through some steps to obtain an enforceable title. To prevent this difficult procedure, any of the parties wishing to benefit from a guaranteed payment obligation in Romania can provide a guarantee by requesting a promissory note / cheque / bill of exchange from the other party and signing these enforceable titles by a guarantor debtor. Pavel Mărgărit and Associates Romanian Law Firm recommends using a lawyer specialized in commercial law and enforcement proceedings/ foreclosure in Romania to guide you in choosing a type of commercial guarantee suitable for your business, and may also offer you guidance in rejecting any foreclosure/ enforcement proceedings or cancellation of the summons received, by filing the enforcement appeal in the form of opposition to the summons in Romania.

The liability of the constructor in Romania for the executed construction works is regulated by the provisions of the art. 1879 – 1890, Romanian Civil Code. The executed works are subject to terms regarding their operating performance in the sense that the works must fully comply with the requirements and quality indices provided in the Technical Project, specification, agreement with the beneficiary and construction quality legislation, aspects that result from the Qualitative Reception Document at the end of the works, as well as the Acceptance report.

Considering the fact that the military aggression in Ukraine has led to mass displacements of the population to the neighboring countries, we hereby present to you the requirements for obtaining the right of asylum in Romania and the possibilities of the refugees to stay in Romania under the current conditions. Moreover, we will also refer to the legislative updates that have entered into force in Romania which are relevant in the context of the mentioned events.

Although we would say that selling through multilevel marketing networks is a relatively new business on the Romanian market, find out that this form of commerce is defined by Law no. 650/2002 for the approval of the Romanian Government Ordinance no. 99/2000 on the marketing of marketed products and services as a form of direct sales through which products and services are offered to consumers through a network of direct sellers. Therefore, owning a Multi Level Marketing network in Romania is under the aegis of Romanian legal provisions in Network Marketing industry. A lawyer specialized in commercial law, direct sales networks, multilevel marketing network and GDPR procedures in Romania can advise you in carrying out activities under a Romanian Multi Level Marketing business. Thus, Pavel, Mărgărit and Associates Romanian Law Firm recommend addressing to a lawyer specialized in network marketing and Multi Level Marketing Network in Romania, who could provide legal information on this type of business, could help with drafting the Terms and Conditions, Privacy Policy, and any type of agreements or legal documents required for a multilevel marketing business in Romania.

Pavel, Margarit and Associates Romanian Law Firm assisted a major company in the energy industry, part of a well-known group with a high reputation on the international market, in an insolvency case following an abusive request of a business partner for opening the insolvency procedure. This request was, in fact, a way of forcing the company to pay a debt. In such cases, Pavel, Margarit and Associates Romanian Law Firm recommends to discuss with a lawyer specialized in insolvency, reorganization and bankruptcy law in order to legally reject the bad faith claim in Romania. Pavel, Margarit and Associates services included legal assistance and representation in front of the Court, drafting defences against the request of the creditor, drafting written arguments and other procedural documents for supporting client position, reviewing and submitting evidence for counter-arguing the insolvency arguments of the other party, reviewing and invoking case law for supporting client position. Pavel, Margarit and Associates successfully won the case in front of the first court. We exposed to the court that the company is not insolvent. Pavel, Margarit and Associates succeeded to prevent the opening of insolvency proceedings used by the creditor as a constraint to pay a claimed debt in Romania. Pavel, Margarit and Associates Romanian Law Firm represented creditors and debtors, clients from Romania and from abroad, having lawyers specialized in the field of insolvency proceedings in Romania and offering legal assistance and representation in successful projects in Romania. “We are happy to be ranked on the 3rd place in Romania in the Insolvency and Restructuring area of practice by the International Legal Guide Legal 500 from London, UK. This is the recognition of our team of lawyer’s expertise in the insolvency, reorganization and bankruptcy in Romania.” said Radu Pavel, The Managing Partner of Pavel, Margarit and Associates Romanian Law Firm. In order to carry out the insolvency procedure, and especially to reject an application for opening the insolvency proceedings filled in bad faith, Pavel, Margarit and Associates Romanian Law Firm recommend addressing this legal issue to a lawyer specialized in insolvency proceedings in Romania in order to assist the creditors or debtors in front of the Romanian Insolvency Court. Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro

The procedure of the exclusion of a shareholder from a company, in case of a shareholders litigation in Romania, is regulated by Romanian Company Law no. 31/1990. The situations of disputes between shareholders of a company in Romania are various and different, reaching the point where some of the shareholders want to exclude a shareholder in Romania, leading to the exclusion of the director/administrator being ashareholder who inefficiently administrate the Romanian company’s activity.

Any person who faces an illegally initiated enforcement or foreclosure in Romania can challenge it by filing an enforcement appeal within the time limit provided by Romanian law. The Romanian Law Firm Pavel, Mărgărit and Associates recommends hiring a lawyer specialized in commercial and enforcement law and litigation who will be able to analyze whether the statute of limitation of enforcement or the expiration of enforcement are applicable, whether the summons was issued illegally or not at all, the nature of the claim to be certain, fixed and due.

Romanian Law provides to each creditor alternative solutions in order to recover a claim/debt from the Romanian debtor, whether it is a Romanian Court action, such as a legal claim, payment ordinance, small claims, or other preliminary proceedings in debt recovery in Romania. A specialized lawyer in dispute resolution, litigation, debt recovery and enforcement proceedings in Romania can advise on the steps to be carried out in such debt recovery cases and can assist and represent the creditor before the Romanian competent court or before any natural or legal person in Romania to recover the debt. Pavel Margarit and Associates Romanian Law Firm advises to discuss with a specialized lawyer in order to recover your debt in Romania.

Keywords: The Romanian law firm Pavel Mărgărit and Associates, lawyer specialized in corporate, commercial, mergers and acquisitions law, disputes between shareholders, misunderstandings of the shareholder of an LLC, exclusion of shareholder, dissolution of the company, negotiations between shareholders.

In the current context of significant development of the information technology (IT) in Romania, it can be noticed an increase of the number of specific consultancy and service agreements that have been concluded between professionals operating in this area, such as software development and maintenance agreements, service agreements in the IT area, IT outsourcing agreements or software as a service (SaaS) agreement. Thus, we will briefly present you the main contractual provisions that need to be observed by the contracting parties. A specialized lawyer in information technology, media and telecommunications, commercial law and M&A in Romania will be able to advise you on drafting and/or reviewing such agreements.

The procedure for opening the insolvency proceedings against a debtor is regulated by the provisions of the Romanian Insolvency Law no. 85/2014. There are many situations when a creditor has made such a request in bad faith only to force his debtor to pay him a debt that is not recognized. However, it should be considered that the purpose of insolvency proceedings against a legal person is to save the debtor from bankruptcy, respectively to help him to recover his business and not to pay an undue debt. A Romanian insolvent company cannot be considered a less viable company, its activity being able to be recovered due to the cooperation of all the creditors, the insolvency procedure having a collective feature. In this article you will find the conditions that a Romanian company must meet in order to be established its insolvency status, as well as the defenses that can be brought against a creditor who submits in bad faith a request for opening the insolvency proceeding. A Romanian lawyer specialized in insolvency, reorganization and bankruptcy law can give you the best advice to defend yourself against a request for opening the insolvency proceeding in Romania filed by a creditor in bad faith.

On January 17, 2022, Romanian Law no. 22/2022 entered into force for amending and supplementing the Emergency Ordinance no. 194/2002 regarding the status of foreigners in Romania, a regulation that outlines the legal status of the concept of digital nomads in Romania. This regulation represents a considerable legal novelty given the changes of work conditions in the context of pandemic. Pavel, Mărgărit and Associates Romanian Law Firm recommends addressing to a specialized lawyer in labor, tax law, immigration and citizenship who can proceed with all the steps to obtain a long-stay visa, or to extend the right of residence in Romania, assisting the client in front of the competent authorities, and also helping the client in completing the necessary formalities in order to carry out the activity as a digital nomad in Romania.

The IT industry in Romania has experienced an impressive development, especially in recent years, with more and more professionals working in this field. Anyone who wants to work in this field can be hired by an IT company, can conclude a collaboration agreement, or even start an IT business in Romania. The first step is to set up a company that can have as its object of activity either software development activities or customer-oriented software, or any other related IT activities. The Romanian Law Firm Pavel, Mărgărit and Associates recommends the legal advice of a a specialized lawyer in setting up IT companies and technology, media and telecommunications legal services (TMT) to take all the necessary steps in this regard.

Given the fact that the number of virtual currency transactions, as well as digital wallet holders in Romania is constantly growing, we believe that a presentation of the topics related to virtual currency transactions, the blockchain technology and the conclusion of smart contracts would be helpful. Pavel, Mărgărit and Associates recommend contacting a specialized lawyer in cryptocurrency for legal representation in transactions involving virtual currency, as well as legal representation when concluding, executing or terminating smart contracts.

The selling or buying a company in Romania are strategies that are often applied in practice, being recognized for the multitude of benefits for the shareholders, both parties taking the advantages of it.

One of the problems that the administrators/directors or the management bodies of a Romanian company may face is engaging joint liability for the outstanding payment obligations of the debtor company declared insolvent by tax inspection bodies which are part of National Authority of Fiscal Administration (ANAF).

The termination of the ongoing contract/agreement at the date of the opening of the insolvency proceedings shall be of interest to each contracting party, whether creditor or debtor, professional bodies or not. Thus, according to the insolvency law, all ongoing contracts/agreements at the date of opening the insolvency proceedings are considered maintained, and all clauses for termination of contracts/agreements, forfeiture of the term benefit or declaration of early maturity due to the opening of the proceedings are null and void. However, there are exceptions that you can find in this article.

In the context of technological development and the appearance of various social networks that are expanding and monopolizing our lives, the criminal phenomena has also increased accordingly to the development and improvement of various methods that are materialized in computer crimes in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends addressing to a lawyer which is specialized both in the criminal law for the purpose of submitting criminal claims, but also in the civil law in order to provide assistance and representation in disputes in Romania for obtaining reparation for the infringement of personal rights, such as the right to image.

The procedure for deregistration of data from the central credit register is a novelty from the perspective that it may be forbidden to register in the Central Credit Register or in other negative databases of the debtor. A lawyer specializing in banking, finance and capital markets law is empowered to send a notice to the creditor in order to settle the obligations regarding the payment of real estate.

Any person who faces a tax decision issued by an authority within the National Agency for Fiscal Administration (ANAF) has the right to challenge it, as provided in the tax legislation. Pavel, Margarit and Associates recommends a lawyer specialized in tax law and tax dispute and litigation may proceed to take all steps to file an appeal against tax decision in the event that a natural or legal person feels harmed by the issued a tax decision.

Construction companies can recover the value of construction works in Romania carried out and unpaid by the developer by initiating legal proceedings against the beneficiary. The law firm Pavel, Margarit and Associates recommends the registration of the legal mortgage of the constructor in the land book of the beneficiary. A lawyer specialized in real estate and constructions can make all the steps to recover the debts from construction works performed in Romania by blocking the Land Book of the beneficiary of the investment.