Pavel, Margarit & Associates Romanian Law Firm

Pavel, Margarit & Associates Romanian Law Firm

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SUCCESSION LAW AND CIVIL LAW

Inheritance lawyers. Inheritance procedure 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,

01 August 2024

PUBLIC PROCUREMENT

Public procurement lawyer. Public procurement – stages

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,

11 July 2024

CORPORATE COMMERCIAL AND M&A

Corporate litigation lawyer. Exclusion of a shareholder 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.

29 May 2024

REAL ESTATE AND CONSTRUCTION

Appealing anrp decisions in romania

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.

29 May 2024

CORPORATE COMMERCIAL AND M&A

French citizens start businesses in romania in 2024

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.

17 May 2024

INSOLVENCY, RESTRUCTURING AND BANKRUPTCY

Statement of claim 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,

17 May 2024

CORPORATE COMMERCIAL AND M&A

Trade register mentions in romania

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.

30 April 2024

civil law

Lawyers for investment and loan agreements in romania

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,

30 April 2024

CORPORATE COMMERCIAL AND M&A

Why you should open a business 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.

23 April 2024

CORPORATE COMMERCIAL AND M&A

Corporate lawyer in romania. Incorporating an llc in romania

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.

23 April 2024

CORPORATE COMMERCIAL AND M&A

Corporate lawyers. Company formation 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,

23 April 2024

EMPLOYMENT AND LABOUR LAW

Labor lawyers in romania. Non-compete clause in agreement

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.

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates assisted a company operating in the metallurgical field for the preparation of a company standard in accordance with eu and asro rules 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).

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates assisted a company operating in the metallurgical field for the preparation of a company standard in accordance with eu and asro rules 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).

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates assisted an important company in the field of design and execution of electric and gas installations in order to conclude agreements with insolvent companies in romania

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.

21 March 2024

Press Releases

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 home appliances in romania regarding the reimbursement of vouchers offered due to order cancellations

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,

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates provides legal assistance and representation to a prestigious company in the field of construction from romania in order to resolve the dispute between the shareholders

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.

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates successfully assisted a portuguese citizen in order to conclude a sponsorship agreement 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.

21 March 2024

Press Releases

The romanian law firm pavel, mărgărit and associates provides legal assistance to a prestigious company which has as object of activity the manufacture of metal structures and parts of structures in romania in order to recover a debt

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.

04 May 2023

Corporate, Commercial and M&A

What is the procedure of dissolution/liqudation of a company in romania?

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.

27 April 2023

Press Releases

The romanian law firm pavel, mărgărit and associates successfully provided legal assistance and representation to a prestigious romanian company operating in the construction field in order to settle a dispute between shareholders 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.

20 April 2023

Corporate, Commercial and M&A

What is the procedure for restructuring a company in romania? What entails the reorganization of a company in romania? Differences between restructuring and reorganization, the procedure that you can follow, guidance / recommendations from a lawyer

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.

12 April 2023

Commercial Litigation

What is the spin-off procedure for a company 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.

04 April 2023

Construction

What is the procedure for amending the zonal urban plan (puz) in romania?

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.

04 April 2023

Press Releases

Pavel mărgărit and associates provides legal assistance in the sale and purchase for shares of an important company that has as object of activity the import and distribution of medical equipment in romania

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.

04 April 2023

Intellectual Property

How can you protect your intellectual property rights over the software platform that you have developed in romania?

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.

28 March 2023

Press Releases

Pavel mărgărit and associates provided legal assistance to the most recognized farm for production of organic consumer eggs in romania in the sale to a romanian investor of a project financed by european funds in the field of agriculture

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.

28 March 2023

Corporate

How to establish the headquarter of the company at the lawyer’s office in romania?

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.

20 March 2023

Press Releases

The romanian law firm pavel, mărgărit and associates assists and represents the largest romanian company in the field of multi-level marketing in order to develop an online course platform in romania

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.

20 March 2023

Press Releases

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

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.

20 March 2023

Press Releases

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

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.

20 March 2023

Commercial, corporate and M&A

The pavel, mărgărit și asociatii law society successfully assisted a romanian company in the delisting procedure as a result of simultaneous dissolution and liquidation operations

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.

14 March 2023

Cryptocurrency

The law firm of pavel, mărgărit și asociații successfully assisted a romanian-american it company in the preparation of the necessary documentation for the sale of non-fungible tokens (nft) in the private sale (private sale)

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.

14 March 2023

Healthcare

How to establish physician and hospital liability in malpractice cases. Statistical data

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.

14 March 2023

European Court of Human Rights

How to challenge a final judgment at the ecthr? The procedure before the european court of human rights

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 .

14 March 2023

Commercial, corporate and M&A

What is the legal regime of the authorized natural person (pfa) in romania?

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.

14 March 2023

Insolvency

The romanian law society pavel, mărgărit și asociații successfully assisted the largest manufacturer of household appliances originating in poland, for the registration to the credit table as a result of the opening of insolvency proceedings in romania against a romanian company, which has as its object of activity retail trade through the order houses or via the internet

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.

14 March 2023

Real Estate

What remedies are available to you against the decisions issued by the cadastre and real estate advertising offices in romania?

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.

14 March 2023

Commercial, corporate and M&A

How to enforce a bilateral promise to sell?

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.

14 March 2023

Corporate, Commercial and M&A

The assignment of the social parts of a company, possible only after a fiscal inspection

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.

14 March 2023

Commercial, corporate and M&A

Pavel, mărgărit and associates romanian law firm assisted major investors from italy in metallurgical and manufacturing industry on the entrance in the romanian market.

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.

14 March 2023

Debt Recovery

Pavel, margarit and associates romanian law firm successfully represented a company from slovakia that operates in the real estate and construction sector in order to recover its debt from a romanian company

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.

14 March 2023

Invsolvency

The romanian law firm pavel, mărgărit and associates successfully assisted a major croatian company with global presence for over 70 years in the field of construction and infrastructure, in the insolvency moratorium procedure of a romanian company recognized at national level in the field of construction.

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.

14 March 2023

Press Releases

The romanian law firm pavel, mărgărit and associates provides assistance and representation in real estate and construction area to foreign citizens who want to buy real estate properties in romania

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.

03 March 2023

Press Releases

The romanian law firm pavel, mărgărit and associates assists and represents the largest naval company from united kingdom in order to recover a debt from a romanian debtor

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.

03 March 2023

TMT

How to conclude a share association agreement in the information technology (it) field in romania?

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.

03 March 2023

Tax

How can a ukrainian or foreign citizen be tax registered in romania?

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.

03 March 2023

Press Releases

The romanian law firm pavel, mărgărit and associates provides assistance and representation in the intellectual property area to a successful romanian company which object of activity is multi-level marketing (mlm) training and consultancy

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.

15 February 2023

Insolvency

Why an insolvent company shall hire a lawyer?

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.

15 February 2023

Procurement

When a bidder can be excluded from a public tender procedure in romania?

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.

15 February 2023

Press Releases

The romanian law firm pavel, mărgărit and associates provided legal assistance to a romanian citizen residing in germany in regards to carrying out the necessary steps for the enforcement of the court decision on completing the civil status documents

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.

07 February 2023

Commercial, corporate and M&A

What to pay attention to when incorporating a company in romania according to the new amendments of the law regarding the romanian trade register as of december 2022

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.

07 February 2023

New amendments to the romanian legislation in order to simplify the construction of photovoltaic parks

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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates has successfully provided legal advice to a prestigious israeli company in order to draft an employment agreement 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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates has successfully provided legal advice to a well-known israeli company for the conclusion of a lease 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.

24 January 2023

Real Estate

How can a ukrainian citizen buy an apartment 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.

24 January 2023

EU and Competition

How to import tobacco products from a country outside eu to romania?

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.

24 January 2023

Contracts

What is the procedure of cancelling a promissory note and appealing against enforcement in 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.

24 January 2023

Construction

How to revise a construction contract and a subcontract agreement 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.

24 January 2023

Real Estate

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 , managing to obtain for him a higher value of the building compared to that calculated by the national commission for real estate compensation, namely, approximately 3,000,000 lei

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.

24 January 2023

Trade

What amendments have brought the romanian law 265/2022 on the trade register and for the amendment and completion of other normative acts affecting the registration in the romanian trade register?

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.

24 January 2023

Real Estate

How to appeal against the compensation decision issued by cnci/anrp by which the real estate properties taken over abusively in romania were undervalued?

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).

24 January 2023

Employment

The new amendments brought to the individual employment agreement and labor code in romania

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.

24 January 2023

Press Releases

Pavel, margarit and associates romanian law firm successfully advised an international american art, production and game development outsourcing company in drafting a legal opinion regarding the sole proprietor system in romania as well as other fiscal and commercial aspects

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.

24 January 2023

Press Releases

Pavel, mărgărit and associates romanian law firm successfully assisted a major it company from great britain, which developed an online platform for recruiting in human resources (hr) industry operating worldwide. Our legal services included reviewing in the necessary documentation for the operation of the website, respectively terms and conditions in romania, privacy policy in romania, cookie policy in romania, contract withdrawal policy 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.

24 January 2023

Press Releases

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 the retail sale via mail order or via internet

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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates has successfully assisted the largest distributor of floating properties in the united kingdom in the process of debt recovery regarding the sales agreement of an electric motor boat in romania.

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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates provided legal assistance to a canadian citizen on the legal implications of the taxation of cryptocurrencies in romania and how to calculate the revenues obtained from the transactions with cryptocurrencies 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.

24 January 2023

Press Releases

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 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 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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates has successfully provided legal services to a prestigious american property developer regarding the conclusion of a design services contract in romania of a residential complex 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.

24 January 2023

Press Releases

The romanian law firm pavel, mărgărit and associates has successfully provided legal services to the first-rated travel agency in romania regarding the conclusion of a lease agreement 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.

24 January 2023

Press Releases

Pavel, margarit and associates romanian law firm provided legal assistance to a uk company that offers consultancy services in romania in regards to the risks to which the company may be exposed in the context of the significant changes brought to the romanian fiscal code starting with 1st january 2023

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.

24 January 2023

Payment

What is the procedure of cancelling a promissory note and appealing against enforcement in 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, 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.

13 December 2022

Commercial

Legal update

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.

13 December 2022

Force majeure

How do romanian litigation courts interpret the non-fulfillment of the contractual obligations in unexpected situations?

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.

21 November 2022

Dispute Resolution

How can you appeal against an enforceable title?

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.

08 November 2022

Employment and Labor Law

How can an individual employment contract be terminated?

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.

08 November 2022

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