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Ministry of Justice
National Trade Register Office

December 02, 2022

 

Documents required for verification of company name (firm) availability and/or reservation thereof for sole traders, sole partnerships and family partnerships

 

Information note on the processing of personal data

 

  1. Methods for accessing information:
    • online, by accessing the online service for verification of company name availability and/or reservation thereof;
    • online application-forms, using NTRO portal, here (an electronic signature is required);
    • e-mail, fax, by mail (payment by payment order; an additional auxiliary charge of 7,74 lei is required) - contact
    • at the counter – trade register offices attached to the law courts through the application for verification of company name availability and/or reservation thereof (original), filled in with 3 designations, in order of preferences; the application – form shall be filled in, shall be checked item 3, in compliance with the purpose for which it is requested.

 

Note

  • The firm of a professional/sole trader consists of his full written name or his last name and the initial letter of his first name, followed by the words “persoană fizică autorizată” or “ PFA”.
  • The firm of a professional/holder of a sole partnership consists of his full written name or his last name and the initial letter of his first name, followed by the words “Întreprindere individuală”.
  • The name of a professional/family partnership consists of the last name (family name) or its representative’s last name, followed by the words “Întreprindere familială”.

 

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  • Company names shall be written in Latin characters, in Romanian firstly (art. 30 paragraph (3) of Law no. 26/1990, as republished and subsequently amended and supplemented). As appropriate, firms shall include the indications provided by art. 31-37 of Law no. 26/1990 as republished, or by special laws.
  • Stricken off companies from the trade register are unavailable for a period of two years starting the date of strike off, except for the cases pursuant to art.41 of Law no. 26/1990, as republished.
  • In case the holder of a sole partnership passes away, the activity may be continued under the same name (firm), with the obligation of mentioning the quality of heir in its content (art. 27, paragraph (4) of G.E.O. no.44/2008).
  • For reservation, the firm shall be verified in order to meet the general and special conditions related to the legality, availability and distinctiveness towards the firms registered in the trade register or reserved, pending their registration (art. 29 paragraph (1) of the Implementing regulations on keeping the trade registers, carrying out registrations and releasing information).
  • Verification of company name (firm) availability and/or its reservation thereof is performed nationally before submitting the application for registration.
  • Firm reservation shall be available for a period of max. 3 months, starting from the application’s registration date.
  • The verification of a company name availability is carried out by trade register office personnel shall have prior and administrative nature. Finally, the director of the trade register office attached to the law court and/or the appointed person or persons shall decide over the legality when settling the application for incorporation in the trade register.
  • The application for registration, the documents provided for by law, filed and numbered, shall be submitted by the applicant directly at the trade register office attached to the law court, by post, with declared-value letter and notice of receipt or by electronic means. The application sent in electronic form, through the online services portal or through the electronic mail, shall have the qualified electronic signature incorporated, attached or logically associated. If the documents are sent by post, the applicant's identity document shall be attached, as a handwritten photocopy  certified by the owner regarding the conformity with the original.
  • Forms are available at the trade register offices attached to the law courts.

 

 

This leaflet is intended to serve as a general guide meant to professionals regarding their obligations and the legal formalities that need to be fulfilled in order to register in the trade register.

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