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- Setting up a company in Romania
- Create a Romanian Joint-Stock company
- Types of Romanian Companies
- Romanian representative office or company branch
- Registering a Romanian Micro-Company
- 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
- 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
- New Minimum Corporate Tax
- Deductibility Regulations
- Avoid double taxation (e.g. Romania - UK)
- Paying taxes
- Repatriate profits
- Anti-Crisis Measures
- 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
The Romanian Land Registry contains a title, indicating
its number and the name of the respective area of the property, and 3 other
parts:
Part One, which contains:
- The order and cadastre number of the property
- the surface, destination, and construction (if applicable);
- the plan of the property and limitations, description, coordinate inventory of
the area.
Part Two, which contains:
- name of the owner;
- document or other legal proof of ownership;
- transfer records of the property;
- legal bindings constituted for the property;
- legal procedures, personal rights etc. as well as actions related to the
property;
- any modifications, corrections or comments in the title, part One or Two of
the Land Registry
Part Three, which contains:
- limitations imposed on the property (including mortgage and related
privileges);
- legal procedures, personal rights etc.
- liens upon the property;
- any modifications, corrections or comments in regards to the data registered
in this part.
The ownership right shall be entered in the Land Registry on the basis of the
document through which it has been constituted or validly transmitted. The
registrations shall be opposable to third parties on the date the request has
been filed and will automatically be filed by the Public Notaries as their
lawful obligation (as a general rule).
As exceptions, ownership rights constituted through inheritance, accession,
forceful sale and usucapion will not be automatically registered through
a Public Notary; their registration in the Land Registry being the
responsibility of the owner.
There are 3 types of entries with the Land Registry:
- the definitive registration of ownership rights (intabulare);
- temporary registration of the ownership rights under the condition of ulterior
motivation;
- noting, having as object the registration of the personal rights and legal
facts referring to the state and capacity of the persons, actions and legal ways
of attack related to the properties in the Land Registry.
In the case where a certain registration made in the Land Registry does not
correspond with the real legal situation, a rectification or modification
request can be made. This request can be made by any “interested” person if the
certain irregularities have been found through a definitive and irrevocable
Judge’s decision.
Any person can research any part of the Land Registry with the exception of
evidence related to national security. The persons requesting information will
be able to obtain excerpts or certified copies of Land Registries without any
the need of motivating their request.
The Registration Procedure
The request to register in the Land Registry shall be filed with the territorial
office and shall have attached the original document or its certified copy
through which the proof of legal status is made.
In the case the Registry admits the request, it decides to definitively or
temporary register it if the documents respects the following conditions:
- it is in accordance with the form stipulated by Law;
- it indicates the name of the parties;
- it uniquely identifies the property;
- a certified translation is attached, if the document is not signed in the
Romania language;
- a copy of Land Registry is attached, used for authentication;
As long as the request is not decide upon, no excerpt shall be emitted.
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.
