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Ministry of Justice
National Trade Register Office

September 23, 2020

 

Documents required for registration in the trade register, fiscal registration and authorization of operation of family partnerships:

Information note on the processing of personal data

Initial steps - details

  1. Application for verification of company name availability and its reservation thereof (original), completed with 3 name choices, in order of preference - form.*

 

*The firm of a professional/ family partnership consists of the last (family) name or its representative’s last name, followed by the phrase “Întreprindere familială. 

Registration

  1. Application for registration - form;
  2. Annex 1 regarding the fiscal registration - form;
  3. Representative’s affidavit attesting:
    • the representative is not currently carrying out any of the stated activities at the professional/secondary office(s) or outside of those (model 1) 
    • the representative meets the legal requirements for operations according to the specific legislation in the field of food safety and sanitary-veterinary protection, environment protection and labor protection for the activities set forth in the statement form (model 2);
  4. Identity card or passport of each member (copies self-certified by the bearer regarding its conformity with the original);
  5. Statement of own responsibility regarding the fulfilment of the legal conditions for carrying out the activities as sole trader (holograph form, original) – details
  6. Document attesting the right of use of  professional office/workstation – any legal document which confer the right of use and/or attests the special assignment of the space, photocopy holograph certified by the bearer regarding its conformity with the original;
  7. Signature specimen of all the family partnership representatives (original) - details;
  8. Agreement for establishing the family partnership, signed by the family members (original) - detailsmodel;
  9. Special power of attorney for the representative of the family partnership appointed by the agreement (signed under private signature);
  10. Where applicable:
    • endorsement of the association of owners/residents for the change of destination of collective residential buildings, as set out in Law no. 196/2018 (application – form to be filled in, original); if to the professional office, residential building, no economic activity is carried out, the natural person, bearer of the sole trader, the bearer of the sole partnership or the member of the family partnership which has the right of use over the building shall submit a statement of own responsibility (details), under private signature, attesting the fact that no economic activity is carried out to the professional office, in this case the formalities laid down by art, 40 paragraph (1) of Law no. 196/2018 on the establishment, organization and functioning of the owners’ associations, as subsequently amended and supplemented;
    • statement regarding the activity performed by the husband/wife) – application form;
    • proving documents for the dedicated assets (statement of own responsibility);
    • documents attesting the professional training (holograph certified copies)
      and/or
    • holograph certified copies over the documents attesting the professional experience, if it is requested, in compliance with special legal provisions - details.

Note:

  • The copies of the supporting documents shall be self-certified for conformity with the originals by the family partnership representatives.
  • For non-resident natural persons, certified copies and their translation made by an authorized translator whose signature is authenticated by a notary public need to be submitted. If the person applying for registration is also performing an authorized and recognized economic activity in another EU or EEA member state, the documents attesting the legal operations obtained in the other state need to be submitted as well (copy and self-certified translation into Romanian).
  • The application decision rests with the director of the trade register office attached to the law court, who may also ask for additional documents deemed necessary for processing the registration.
  • The following operations may be performed with the help of the representation and assistance offices at the City Hall:
    • drafting documents;
    • providing assistance for correctly filling out the registration forms;
    • carrying out the formalities for submitting documents, and
    • representation of the family partnership representatives at the trade register office attached to the law court.
  • Forms are provided at the trade register offices attached to the law courts.
  • The application for registration, the documents provided for by law (in fastener folders), filed and numbered, shall be submitted by the requester 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 extended electronic signature incorporated, attached or logically associated.
  • The fiscal records of the family partnership applicants will be requested and obtained by the trade register office.

 

 

This is a general guide meant to inform professionals about their obligations and the legal formalities that need to be fulfilled in order to register in the trade register.

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