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.

These provisions will be included in a new article, respectively article 202 paragraph (2 5 ), which will have the following content:

" The transfer, in the first 12 months after the establishment of a commercial company, of at least 50% of its social shares to one or more persons can be carried out and becomes objectionable to third parties only after the completion of the fiscal inspection carried out by the specialized bodies within the Agency National Fiscal Administration. This will be done in a maximum of 30 days. "

This change comes in the context in which, according to the statement of reasons of the Proposal, the prevention and reduction of tax evasion is the goal towards which the authorities are aiming. Concretely, for the transfer of social shares, a tax inspection is necessary, because, currently, although according to the declaration submitted by the associates to the Trade Register, on the date of the transfer, they do not appear with payment obligations to the consolidated state budget, subsequently during the fiscal inspections carried out by the National Fiscal Administration Agency, facts of fiscal evasion were found.

Currently, the provisions of the Companies Law 31/1990 establish two procedures for the transfer of shares, which differ depending on the quality of the person who takes over the shares, respectively if he is an associate or if he is a third party to the company.

If the transfer of social shares is carried out between associates, the registration procedure at the Trade Register will be 5 days from the date of submission of the documents, and these will consist of the Decision of the General Meeting of Associates, the Assignment Agreement, the updated Articles of Association, and the application for registration from the Trade Register.

If the assignment is made to a third party, the registration procedure lasts approximately 60 days, and will be carried out in two stages. The first stage involves the publication of the AGM decision on the assignment in the Official Gazette, in order to formulate the opposition to the assignment by the company's creditors, within 30 days from the date of publication, and the second stage involves submitting the rest of the necessary documents, and in mandatory submission of a declaration by the new person entering the company that he meets the necessary conditions to hold the status of associate in a company.

The law proposal for the amendment and completion of Law no. 31/1990 was approved only by the Senate, which is the first chamber notified. To be able to apply, the document must obtain the final vote of the Chamber of Deputies, after which it must be sent to the President for promulgation and then published in the Official Gazette.