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Ministry of Justice
National Trade Register Office

April 12, 2024

 

The legal regime of information regarding the professionals registered in the trade register

 Regimul juridic al Informaţiilor privind profesioniştii înregistraţi în registrul comerţului

 

If you decide to open a business, it is important to note that all the data filled in applications submitted to the trade register offices attached to the law courts becomes public information together with their registration in the trade register and publication in the Official Gazette of Romania, Part IV or Part VII.

Which are the legal provisions regulating this?

Firstly, according to art. 4 paragraph 1 of Law no. 26/1990 regarding the Trade Register, as republished, and subsequently amended and supplemented, the trade register is public. So the Trade Register Office is obliged to issue, at the expense of the requester, certified copies of all records made in the register and of all the documents presented as well as information regarding the data registered in the trade register and certificates of status whether a particular act or fact is registered or not  (for more information go toInformation and certified copies).

Secondly, according to art. 27 of Order no. 2594/C of 10 October 2008 approving the Implementing regulations on keeping the trade register, carrying out registrations and releasing information, in conjunction with GEO no. 116/2009 for implementation of certain measures regarding the registration in the trade register, after the  registration in the trade register under the law conditions and procedure, the trade register offices attached to law courts will send, ex officio, as appropriate, the resolution or the excerpt from the resolution of director of the trade register office attached to the law court or of the appointed person authorizing the setting up and incorporation of legal person and the documents for which the law requires publication, at the requester expense, in the Official Gazette Romania, Part IV or Part VII. Therefore, in compliance with the legal provisions of Law  no. 202/1998 regarding the organization of the Official Gazette of Romania, in Part IV there are published legal documents related to economic agents and other categories of legal persons as well as  other documents established by law. In other words, this is another way that information about your company can be accessed by any interested person.

At the same time, some acts and facts stipulated by law are made public by publicity on the National Trade Register Office website – www.onrc.ro and/or the online services Portal portal.onrc.ro.

Art. 511 of Law no. 26/1990 on the trade register, as republished, and subsequently amended and supplemented, stipulates that the National Trade Register Office and the trade register offices attached to the law courts collect and process data and information, inclusive of personal data nature, for which there are applicable the provisions of Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as subsequently amended and supplemented.

What is personal data?

Art. 3 of Law no. 677/2001 defines personal data as any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
It is important to note that the above definition refers only to natural persons; data regarding the legal persons does not represent the subject of the legal document mentioned above. In conclusion, information regarding legal persons is public information which processing is not conditioned in any way: "data subject's consent is not required in the following cases: ... f) when data processing refers to data obtained from publicly available documents, according to the law" - art. 5 paragraph 2 lit. f) of Law no. 677/2001.


Information from the trade register obtained through the NTRO’s Portal

Another way of any interested person to obtain information about a company registered in the trade register is by accessing NTRO’s Portal, portal.onrc.ro, respectively of the following services:

• RECOM online - online service for accessing legal information about companies in Romania registered in trade register

• InfoCert - online service for releasing certificates of status and information from the trade register, without data operator intervention, 24/24, 7/7 days.

Certificates of status issued by the National Trade Register Office and the trade register offices attached to the law courts present the up to date status of a company, essential information about its statute, financial situation, main field of activity and regarding the authorised activities. This type of document is issued to any interested person.

For more details: click aici

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