ROMANIAN LEGISLATION
Lege nr.
85/2014 privind
procedurile de prevenire a insolvenței și de insolvență, publicat în M.O. nr. 466 din 25 iunie 2014, cu modificările aduse de LEGEA nr. 216
din 14 iulie 2022, publicată în MONITORUL OFICIAL nr. 709 din 14 iulie 2022
The Law No 85/2014, in Title
III, Cross-Border Insolvency, takes over, in an improved form, the
provisions of Law No 637/2002 applicable to legal relations with states outside
the European Union. Law No 637/2002, in Title I, Relations with Foreign
States, in general, adopted the provisions of the UNCITRAL Model Law on
Cross-Border Insolvency (1997). The general principles of the UNCITRAL
Model Law, originally included in Law No 637/2002, were subsequently taken over
in the Law No 85/2006 on Insolvency Proceedings, as well as in Law No 85/2014,
currently applicable.
An extract of the Romanian regulations for cross-border insolvency is available in English here.
Legea nr. 151 din 18 iunie 2015
privind procedura insolvenței persoanelor fizice, publicat în M.O. nr. 464 din 26 iunie 2015
Ordonanța de Urgență nr. 46 din 21
mai 2013 privind criza financiară și insolvența unităților
administrativ-teritorialepublicat în
M.O. nr. 299 din
24 mai 2013
Codul de Procedura civila din 1 iulie 2010 (republicat) - Legea nr. 134/2010 republicată, în M.O. nr. 247 din 10 aprilie
2015
CODUL CIVIL
din 17 iulie 2009 (republicat)- Legea nr. 287/2009 republicata în M.O. nr. 505
din 15 iulie 2011
USEFUL LINKS
Company searches can be conducted
on the registers maintained by the Romanian corporate regulator ONRC (Oficiul Național al Registrului Comerțului).
Information about a company is accessible including the following data:
company number in the commercial register, unique identifier at European level,
name, legal form, unique registration code, registered office, duration of
operation, company status, main activity, share capital, directors,
partners/shareholders, secondary activity, authorised activities,
directors/representatives for branches/subsidiaries/secondary offices,
auditors, information (5 indicators) from the available annual financial statements,
other information, if applicable, data recorded in the commercial register that
a certain act or fact is or is not registered.
A historical report of all entries made in the commercial register in
the right of a company, presented in chronological order and completed with the
current situation, can be requested.
How to access information.
- online, by accessing the InfoCert service (no electronic
signature is required; payment is made by bank card only)
- online, via the ONRC portal, here (electronic signature
required, payment by bank card or payment order)
- e-mail: onrc@onrc.ro (payment by payment order or at the
counter)
https://www.onrc.ro/index.php/ro/informatii/informatii-rc
The indicators
published in the annual financial statements/annual accounting reports of companies can be found on the server of the Romanian Ministry of
Finance, under:
"Information
about economic agents. Selection by unique identification code - identification
data, fiscal information, balance sheets".
https://mfinante.gov.ro/domenii/informatii-contribuabili/persoane-juridice/info-pj-selectie-dupa-cui
Details of
all insolvency and external administration-related notices can be searched via
a dedicated database: BPI (Buletinul
Procedurilor de Insolvenţă).
The National Trade Registry Office (ONRC - Oficiul Naţional al
Registrului Comerţului) provides, free of charge, on the Internet, the record
of persons published in the Insolvency Proceedings Bulletin (BPI - Buletinul Procedurilor de Insolvenţă).
In this section you can identify the legal persons in insolvency
proceedings according to Law no. 85/2006 on insolvency proceedings and Law
no. 85/2014 on pre-insolvency and insolvency and proceedings, persons for whom insolvency
proceedings have been closed, as well as persons for whom an insolvency
file is pending but insolvency proceedings have not been opened.
An online service is available on https://bpipf.onrc.ro, which publishes information on the name, surname,
and surname of the individual against whom insolvency proceedings have been
opened under Law no. 151/2015 on the insolvency proceedings of natural
persons, as well as the locality and county where he/she is domiciled/resides,
access being provided free of charge, based on an account within the ONRC
portal.
The purpose of this
register is to provide interested parties with an initial means of information,
as all the details of cases are available on the Bulletin's pages. Orders,
accompanied by payment orders, should be sent directly to the ONRC, by fax:
021.316.08.07 or by email furnizare.bpi@onrc.ro
Provision of information:
- BPI Legal Entities
supply services - ONRC service portal.
- BPI provision services for individuals - https://bpipf.onrc.ro
A title deed (ownership act) search may be
carried out to provide evidence of ownership of an immovable property (real
estate), as well as any recorded mortgages on the property, any liens, and any
easements, restrictions or covenants that impact a property on the site of
NATIONAL LAND REGISTRY AND REAL ESTATE ADVERTISING AGENCY (ANCPI - AGENȚIA NAȚIONALĂ DE CADASTRU ŞI
PUBLICITATE IMOBILIARĂ).
The land register extract for information
purposes represents the legal cadastral situation of the property at the time
of its preparation. It contains information on the surface area of the property
and its description, ownership, and any existing encumbrances on the property.
Services available:
Extract for information.
Extract from the cadastral plan on orthophoto plan.
GNSS services.
Real estate: only immovable existing in the e-Terradatabase at the
time of the request.
To identify the property for which you want
the extract, consult the “Geoportal”. An order can be paid by one payment method,
bank card or credit points.
You can find out in real time essential information about a vehicle registered in Romania in the database of the Romanian Car Register (RAR - Registrului Auto ROMAN R.A.).
Anyone can check the history of a
vehicle (provided that the car has passed at least once at the RAR), by
accessing the official website of the Romanian Auto Register www.rarom.ro. The data can be obtained by
entering in the "VEHICLE HISTORY" application the email address and
the identification number of the vehicle in question (body/chassis series). The
application will generate an access code, send it to the email address entered
and, after validation, will provide the same email address with the information
we have deemed useful for the owner or future owner of a vehicle. The data generated are:
activities carried out at the RAR and the number of kilometres recorded in the
vehicle (kilometres recorded in the RAR database or in the authorised ITP
stations), the existence/validity of the vehicle's identity card, some
technical and identification data, the degree of pollution, the validity of the
ITP.
Romanian IP institution OSIM (Oficiul de Stat Pentru Invenții și Mărci) maintains a database that allows to search
whether a name or logo used by an entity is protected as a trademark. Patent
information can also be identified and checked.
https://inregistrare-marci.ro/OSIM-WIPO-EUIPO-depunere-verificare-plata.php
https://inregistrare-marci.ro/ce-inseamna-inregistrarea-unui-brevet.php
The Romanian National Register of Real
Estate Publicity (RNPM - Registrul Național de
Publicitate Mobiliară)is the legal system of securities publicity
for mortgages, fiduciary / trusts, specific endorsements, securitized products,
and mortgage-backed securities.
The RNPM is a national electronic system of
public interest, structured by persons and assets, for the registration of
priority in case of foreclosure and for the publicity of legal acts and
operations provided by law.
Any person can search for information
contained in the registration notices registered in the RNPM, using the
Register's software application, on either of the two identical websites: www.mj.romarhiva.ro
(Ministry of Justice) and www.co.romarhiva.ro (Body of Operators),
without having to obtain prior authorisation from any authority and without
paying a fee.
Information on completed and ongoing legal proceedings involving an individual or company can be found on the Romanian Ministry of Justice website, portal.just.ro under "Portalul instantelor de judecata ".
Each court in Romania has a site within this portal.
The information on these sites is entered and maintained directly by court
staff. This information is automatically retrieved from the court case
management system - ECRIS CDMS. The information on cases and hearings is
automatically updated daily at central level. The most up-to-date case
information (reported to the internal court case management application ECRIS
CDMS) is available in the ECRIS Infokiosk application which can be accessed from the Infokiosk terminals in
each court.
File information can also be obtained by directly
querying the portal's centralised database, here.
The ReJust.ro jurisprudence
portal is an application developed by the Romanian Superior Council of
Magistracy to allow citizens and practitioners within the judiciary easier
access to judgments handed down by national courts. The documents (judgments,
decisions, orders) come from all the courts, and any interested person can
access judgments handed down at all levels of jurisdiction which they can use
as legal practice in other litigation or in specialist studies.
As the judgments in the portal are anonymised and cannot be identified
by case number or by the names of the parties, each document has a unique
identification code - RJ code, which can be used to cite the case law and to
check the existence of the document in the portal.
The most
important professional body is the National Union of Insolvency
Practitioners in Romania (UNPIR - Uniunea Națională a
Practicienilor în Insolvență din România), which represents and
regulates the profession of insolvency practitioner at national level. In the
more than 20 years of activity of the organisation, the number of UNPIR member
professional societies has grown to more than 670, and its more than 3,000
members are organised in 35 branches nationwide.
https://www.unpir.ro
The National
Institute for the Training of Insolvency Practitioners (INPPI - Uniunea
Națională a Practicienilor în Insolvență din România) is the only educational institution that trains
insolvency practitioners. The INPPI is aimed at all insolvency practitioners,
whether trainees or permanent, regardless of their career level.
Turnaround Management Association Romania is a
not-for-profit, non-governmental and apolitical association dedicated to
corporate renewal and turnaround management, with an interest in strengthening
the economy through the restoration of the corporate value.
26 Years of Experience
In Legal Services
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