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» E&C Law Firm in Numbers

practicing for over 10 years

clients from over 35 countries

assisted over 150 foreign investors expand to Romania

office@romanianlawoffice.com

» Commercial Law
  • Setting up a company in Romania
  • Create a Romanian Joint-Stock company
  • Set up Branch in Romania
  • Types of Romanian Companies
  • Romanian representative office or company branch
  • Buying a Romanian Company
  • Permits & licenses
  • Incorporating a European Company
  • The Trade Register
  • Contract Law in Romania
  • Romanian Administrators
  • Liquidating a Company
  • International Contracts
  • Romanian Shelf Company
  • Authorized Physical Person
  • Individual Business Enterprise
» Real Estate Law
  • Intra-Community VAT Registration
  • Property Tax in Romania
  • The Romanian Land Registry
  • Purchasing real estate
  • Conditions for foreigners to buy Romanian properties
  • New conveyance VAT
  • The Recuperation of Properties 
» Taxation
  • VAT Registration in Romania
  • Deductibility Regulations
  • Avoid double taxation (e.g. Romania - UK)
  • Paying taxes
  • Repatriate profits
  • Anti-Crisis Measures
» Other
  • Commerce Business Permits
  • Open Romanian Bank Account
  • The Romanian Power of Attorney
  • Import-Export in Romania
  • Romanian Public Notaries
  • The Arbitration Court
  • About Legal Executors
  • Recognition of Foreign Judgments
  • Dismissal of employees
  • Non-Profit Organizations
  • Labor Law in Romania
  • A guide: Romanian Courts
  • Incentives for investments in Romania
  • Debt Collection in Romania
  • Trademark Registration
  • Trial Phases in Romania
  • About Romanian Lawyers
Overview of Romanian Courts

Romanian legislation stipulates the following Courts of Law:
- High Court of Cassation and Justice;
- Courts of Appeal;
- Tribunals;
- Specialized Tribunals;
- Military Courts;
- Regional Courts;
- Arbitrary Court.

Activity of Romanian Courts is performed by respecting the principles of the aleatory file case distribution and continuity, with the exceptions of the situations in which the Judge cannot participate to the trial because of objective reasons. Other principles include:
- Court proceedings are public with certain exceptions;
- Decisions are pronounced in public with certain exceptions;
- The Bailiff maintains records on proceedings (declarations by the parties and the Judge).

Romanian High Court of Cassation and Justice
The High Court of Cassation and Justice is composed of the following divisions: civil and intellectual property, Penal, Commercial and Fiscal and Administrative Contentious Division. The High Court rules in the following litigations:
- Final appeals against the Decisions of the Courts of Appeal;
- Final appeals “in the interest of the Law”;
- Any other areas of competence (by Law).

The Divisions of the Romanian High Court decide in the following matters, according to their competence: change of venues, for the reasons stipulated by Law; conflicts of competence, in the cases mentioned by Law, any of other requests foreseen by Law.

The Divisions of the High Court rule in final appeals against non-definitive decisions of any nature which cannot be otherwise appealed and the course of trial has been stopped during before the Courts of Appeal.
The panel of 9 judges decide for final appeals for cases of Penal Section of the High Court as well and also works as a disciplinary body.
The High Court can also make recommendations to the Romanian Minister of Justice for any modifications of the legislation.

Romanian Courts of Appeal
Each Court of Appeal includes a number of Tribunals. The Courts of Appeal also contain a series of specialized divisions: civil clauses, penal, commercial, minor and family, administrative contentious and fiscal, labour conflicts and insurance etc.

The Courts of Appeal rule in:

- As a 1st phase Court: administrative contentious trials related to actions of authorities and central institutions;
- As 2nd phase (Appeal): appeals against decisions of 1st Phase Court Decisions;
- As 3rd Phase (Final Appeal): final appeals against decisions of Courts of Appeal and 1st Phase decisions which are not by Law subject to 2nd Phase Appeal.
- Any other cases lawfully admitted.

Romanian Tribunals
Romanian Tribunals are Courts organized for each county and the Bucharest municipality, are usually located in the county’s capital.

Competence of Tribunals:
- As 1st Phase Courts:
a) Commercial trials of over 100,000 RON as well as trials without a non-financial object;
b) Civil Trials of over 500,000 RON with certain exceptions;
c) Labour Conflicts with certain exceptions;
d) Administrative contentious trials with certain exceptions;
e) Intellectual and Industrial Property Trials;
f) Expropriation trials;
g) Adoption Trials;
h) Trials arising from judicial errors in criminal trials;
i) Requests to register forced execution of decisions from foreign Courts.

- As 2nd Phase Courts (Appeal):
Appeals against 1st Phase Regional Courts decisions

- As 3rd Phase Courts (Final Appeals):
Final Appeals against decisions of Regional Courts which are not subject to 2nd Phase Appeal.

Romanian Regional Courts
Romanian Regional Courts cover Romanian counties and Bucharest’s sectors. Regional Courts can contain specialized divisions per the nature and number of the cases. Their competence is for 1st Phase Courts, respectively all trials with the exceptions of those going directly to superior Courts.

Romanian Arbitrary Court
The Romanian Arbitrary Court has the mission to promote commercial and civil arbitrage both on a nationwide and international level and alternative solutions to litigation. Attributions of the Arbitrary Court include the following:
a) Assist the parties on their request in the Arbitrage procedure;
b) Elaborates models of Arbitrary Conventions and promotes them in specific business areas;
c) Collaborates with Arbitrary Commissions of Chambers of Commerce;
d) Maintains evidence of its specific practice;
e) Collaborates with international Arbitrary institutions.
 

 
                   
 

 

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» Company Formation

We have exceeded 150 incorporations of Romanian companies having foreign shareholder structures. We offer complete legal assistance for any type of Romanian company formation including Romanian SRL (LLC) or Joint-Stock (SA) registration,  office address and general advice for matters related to taxation, Labor regulations as well as on-going assistance after the formation of the company.

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» Expanding to Romania
Our business lawyers have assisted a large number of foreign companies expanding to Romania.  Doing business in Romania implies having the appropriate legal background to set up the most advantageous structure, safeguard the client's activities and maintain a healthy relationship with the Romanian authorities. We have years of experience "translating" Romania's business world to the foreign investor and we are ready to use this experience in your benefit.

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