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Ministry of Justice
National Trade Register Office

October 01, 2022

 

REGISTRATION OF THE LEGAL PERSONS

 

Preliminary actions
- The company name represents a mandatory element of identification and individualization of professionals legal persons (companies, European companies with registered office in Romania, autonomous administrations, national companies, cooperative companies, agricultural cooperatives, credit cooperative organisations and central houses thereof, European cooperative companies with registered office in Romania, economic interest groups, European groups with economic interests with registered office in Romania, other legal entities specifically provided by the law. The company name is the designation under which the professional legal person carries out its activity and which distinguishes it from any other professional registered in the trade register. The verification and reservation of company’s name is carried aut nationally before drawing up the Articles of Association or, in case of changing the company’s name, their amending documents, and submitting the application for registration in the trade register.
- The application for the reservation of the company’s name shall be submitted to the trade register office attached to the law court, directly at the counter, by correspondence or online through the online services portal of NTRO http://portal.onrc.ro.
- The related formalities may be found on
https://www.onrc.ro/index.php/en/inmatriculari-2/operatiuni-prealabile-2/verificare-si-rezervare-firma-2
- The proof of the reservation of the company’s name shall be released in the same day when the application for the reservation of the company’s name has been submitted, no later than the day after its submission.
- The rejection of the company’s name reservation may be appealed at the same time with the solution given for the application for registration.

 

Next step
- The application for registration in the trade register and authorisation of functioning of the legal person shall be submitted to the trade register office attached to the law court in the area where the registered office of the professional is situated, directly at the counter, by correspondence (post/courier), by e-mail or through the online services portal of NTRO https://portal.onrc.ro.
- The formalities related to incorporation are available on the NTRO’s website
https://www.onrc.ro/index.php/en/inmatriculari-2/persoane-juridice-2.

 

Settlement of the applications:
- The registration in the trade register of the legal person is carried out based on the motivated resolution of the director of the trade register office attached to the law court or of the person appointed by the director general of NTRO.
- Against the resolution may be formulated a complaint to the court of law in the area where the registered office of the applicant is situated, within 15 days from its pronouncement, for the parties, and from the date of publication of the modifying document of the Articles of Association in the Official Gazette of Romania, Part IV, respectively Part VII, for any other stakeholder. In case of the resolutions of rejection of the application for registration and of the registrations which do not lead to the modification of the Articles of Association, a complaint may be formulated within 15 days from the pronouncement, for the parties, and from the publication date on the website of the National Trade Register Office or on its online services portal, for any stakeholder.
- The deadline for issuing the certificate of registration is of 3 working days, calculated since the registration date of the application or, as appropriate, since the date the application was completed with the required documents.
- For the operations of registration in the trade register, there shall not be paid any fees and charges, but a charge for the publication in the Official Gazette of Romania, Part IV, needs to be paid for the publication of the resolution/except of the resolution through which the incorporation and the authorisation of functioning were disposed, and this charge may be paid at the counter (cash or by bank card), through a postal order or a payment order. For the payment through bank transfer, the accounts may be accessed at https://www.onrc.ro/index.php/ro/conturi-iban.
- For the applications sent online through the online services portal of NTRO https://portal.onrc.ro, the payment for the charges is also carried out online on the portal https://portal.onrc.ro.
- The settlement of the applications for registration provided for shall be realised based on documents. Upon the express request of the part or of its representative, a public audience for the support and the settlement of the application shall be organised (in order to schedule an audience: programari@(the indicative of the county ex. tl).onrc.ro)

 

Assistance services:
- Drawing up documents, obtaining the authentification or, as appropriate, granting the definite date, providing assistance for correctly filling out the application for registration may be carried out, against of a fee, through the assistance services of the trade register office attached to the law court.
- In order to schedule an appointment for the activity of assistance:  programari@ (indicative of the county ex. tl).onrc.ro.

 

Legal references:
- Law no. 26/1990 - on trade register, as republished and subsequently amended and supplemented;
- Law no. 359/2004 - regarding the simplification of registration formalities in the trade register of natural persons, family associations and legal persons, their tax registration, as well as the authorization of legal persons in order to operate, as subsequently amended and supplemented;
- Law on companies no. 31/1990 – as republished – and subsequently amended and supplemented;
- Law no. 161/2003 regarding certain measures for ensuring transparency of public dignitaries, public positions and within the business environment, corruption prevention and its sanction, as subsequently amended and supplemented, Title V – Chapter I, regarding Economic Interest Groups;
- Law non agricultural cooperation no. 566/2004 - as subsequently amended and supplemented;
- Law no. 1/2005 on organization and functioning of cooperation, as subsequently amended;
- G.E.O. no. 116/2009 for implementing some measures regarding the registration in the trade register, approved with modifications and completitions by Law no. 84/2010 as subsequently amended.

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