Legislative resources for setting up companies
In this section, we present you the main normative acts, which regulate the registration and authorization of a company:
Registration and authorization
- Law no. 31 of November 16th , 1990 regarding the trade companies, republished (Official Gazette no. 1066 of November 17th, 2004)
- Law no. 26 of November 5th, 1990 regarding the Trade Register, republished in Government Ordinance no. 49 of February 4th, 1998, modify by the Emergency Ordinance no. 129 of October 10th, 2002 (Official Gazette no. 746 of October 11th, 2002)
- Emergency Ordinance no. 76 of May 24th, 2001 regarding the simplification of some administrative formalities for the registration and authorization of the traders’ functioning, republished (Official Gazette no. 413 of June 14th, 2002), modified by the Emergency Ordinance no. 129 of October 10th, 2002 (Official Gazette no. 746 of October 11th, 2002)
- Law no. 359 of September 8th, 2004 regarding the simplification of the formalities for the registration in the trade register of the natural persons, family associations, legal entities, their fiscal registration, as well as for the authorization of functioning of legal entities (Government Ordinance no. 839 of September 13th, 2004), as modified and completed by the Emergency Ordinance no. 75 of September 30th, 2004 (Official Gazette no. 932 of October 12th, 2004)
- Law no. 161 of April 19th, 2003 regarding some measures in order to ensure transparency in exercising of the public offices, public positions and in the business environment, the prevention and sanctioning of the corruption (Official Gazette no. 279 of April 21st, 2003)
- Government Decision no. 913 of June 10th, 2004 regarding the approval of the charges and tariffs for the operations carried out by the Trade Register Offices related to Courts (Official Gazette no. 589 of July 1st, 2004)
- Government Decision no. 600 of June 21st , 2001 regarding the establishment of fees in fixed amount for the services rendered by the notaries public in order to register and authorize the functioning of the traders (Official Gazette no.358 of July 4th, 2001)
Registration
- Government Decision no. 991 of June 25th, 2004 on the establishment of the model of the registration request and the certificate for registration into the Trade Register (Official Gazette no. 590 of July 1st, 2004)
- The Government decision no. 616 of June 27th, 2001 regarding the approval of the charges collected for the publication in the Official Gazette of Romania, 4th Part, the conclusion of the judge delegated on the registration of the traders and the articles of incorporation, endorsed by the delegated judge (Official Gazette no. 373 of July 10th, 2001)
- Law no. 346 of July 14th, 2004 regarding the stimulation of setting up and development of the small and medium-sized companies (Official Gazette no. 681 of July 29th, 2004), with further modifications and completions
Authorization
- Government Decision no. 573 of June 13th, 2002 on the approval of the procedures for authorization of traders’ functioning (Official Gazette no. 414 of June 14th, 2002)
Authorization for functioning of a company of the fire prevention and fighting point of view
- Government Decision no. 448 of May 16th, 2002 on the approval of the categories of constructions and arrangements which are submitted for the approval / authorization for fires fighting and prevention (Official Gazette no. 346 of May 24th, 2002)
- The Order no. 1312 of May 22nd, 2006 regarding the approval of the Methodological norms on approval and authorization regarding the fires fighting and prevention (Official Gazette no. 462 of May 29th, 2006)
- Methodological Norms of May 22nd, 2006 on the approval and authorization regarding the fires fighting and prevention (Official Gazette no. 462 of May 29th, 2006
- Law no. 307 of July 12th, 2006 regarding the protection against fires (Official Gazette no. 633 of July 21st, 2006)
- Law no. 10 of January 18th, 1995 –regarding the quality in constructions (Official Gazette no. 12 of January 24th, 1995), with further modifications and completions
- Law no. 50 of July 29th, 1991 regarding the authorization for execution of constructions and some measures for construction of residences (Official Gazette no. 163 of August 7th, 1991), as modified and completed by Law no. 125 of October 16th, 1996 (Official Gazette no. 259 of October 24th, 1996)
- Government Ordinance no. 4 of January 14th, 1994 on the modification of the Law no. 50/1991 regarding the authorization for the execution of the constructions and some measures for the construction of residences (Official Gazette no. 18 of January 24th, 1994), with further modifications and completions
Authorization of functioning from sanitary point of view
- Order of the Minister of Heath and Family no. 117 of February 28th, 2002 regarding the approval of the Procedures for sanitary regulation for the projects related to the positioning, construction, arrangement, and sanitary regulation for the functioning of the objectives and the activities developed therein, other than those subject to the registration in the Trade Register, and the Procedures for sanitary regulation for placing on the market of the new products or those imported for the first time and designed for use or the human consumption
Authorization of functioning from sanitary-veterinary point of view
- The Law no. 60 of October 29th, 1974 – Sanitary-Veterinary Law, republished (Official Gazette no. 266 of December 30th,1991)
- The Government Emergency Ordinance no. 90 of June 29th, 2000 on the modification and completion of the Sanitary-Veterinary Law no. 60/1974 (Official Gazette no. 310 of July 5th, 2000), with further modifications and completions.
- The Order no. 261 of April 9th, 2003 on the approval of the Sanitary Veterinary Norms regarding the procedure for sanitary veterinary authorization of the units and the approval of the exportation activity, as well as definition of the units subject to the sanitary veterinary control (Official Gazette no. 302 of May 6th, 2003)
Authorization of functioning from the labor safety point of view
- Order of the Minister of Labor and Social security no. 657 of November 1st, 2001 regarding the approval of the methodological norms regarding the authorization related to the functioning of the legal entities and natural persons from the labor safety point of view (O.G no. 754 of November 27th, 2001)
- Order of the Minister of Labor and Social Security no. 388 of September 10th, 1996 regarding the approval of the methodological norms in the enforcement of the provisions of the Law on Labor Safety no. 90/1996 (Official Gazette no. 249 of October 15th, 1996), with further modifications and completions
- Law of Social Security no. 90 of July 12th, 1996, republished (Official Gazette no. 47 of January 29th, 2001), with further modifications and completions
- Law no. 126 of December 27th, 1995 regarding the provisions for the explosive materials (Official Gazette no. 298 of December 28th, 1995), with further modifications and completions
- Government Ordinance no. 4 of January 20th, 1995 regarding the fabrication, merchandising, and use of the phyto-sanitary for the fighting against diseases, pests and wild-growing plants in agriculture and sylviculture (Official Gazette no. 18 of January 30th,1995), with further modifications and completions .
- Law no. 26 of February 28th, 2006 on the abrogation of some provisions of the Government Ordinance no. 4/1995 regarding fabrication, merchandising and use of the phyto-sanitary products for the fighting against diseases, pests and wild-growing plants in agriculture and sylviculture (Official Gazette no. 198 of march 2nd, 2006)
- Law no. 263 of October 5th, 2005 on the modification and completion of Law no. 360/2003 regarding the provisions for hazardous substances and chemical processed products (Official Gazette no. 899 of October 7th, 2005)
- Law no. 360 of September 2nd, 2003 regarding the provisions for hazardous substances and chemical processed products (Official Gazette no. 635 of September 5th, 2003), with further modifications and completions
- Law no. 319 of July 14th, 2006 for the security and health in labor (Official Gazette no. 646 of July 26th, 2006) – Coming into force on: October 1st, 2006
Authorization of functioning from the environment protection point of view
- Decision no. 1076 of July 8th, 2004 regarding the establishment of the procedure for setting out the environment assessment for plans and programs (Official Gazette no. 707 of August 5th, 2004)
- Emergency Ordinance no. 195 of December 22nd, 2005 regarding the environment protection (Official Gazette no. 1196 of December 30th, 2005), approved and modified by the Law no. 265 of June 29th, 2006 (Official Gazette no. 586 of July 6th, 2006)
Natural persons traders
- Law no. 300 of June 28th, 2004 regarding the authorization of the natural persons and the family associations which develop commercial activities independently (Official Gazette no. 576 of June 29th, 2004), with further modifications and completions
Co-operative organizations
- Emergency Ordinance no. 97 of June 29th, 2000 regarding the credit-granting co-operative organizations (Official Gazette no. 330 of July 14th, 2000), with further modifications and completions
- Law no. 109 of October 10th, 1996 regarding the organization and functioning of the consumption co-operative society and credit co-operative society (Official Gazette no. 252 of October 18th, 1996), with further modifications and completions
- Decree-Law no. 66 of February 8th, 1990 regarding the organization and functioning of the trade co-operative society (Official Gazette no. 23 of February 9th, 1990), with further modifications and completions
- Llaw no. 1 of February 21st, 2005 regarding the organization and functioning of the co-operative society (Official Gazette no. 172 of February 28th, 2005)
Autonomous Companies
- Law no. 15 of August 7th, 1990 regarding the reorganization of the state economic units as autonomous companies and trade companies (Official Gazette no. 98 of August 8th, 1990), with further modifications and completions
Approvals /authorizations prior to the registration, issued depending on the field of activity - Law no. 297 of June 28th, 2004 regarding the capital market (Official Gazette no. 571 of June 29th, 2004)
- Law no. 32 of April 3rd, 2000 regarding the insurance companies and supervision of the insurance (Official Gazette no. 148 of April 10th, 2000), with further modifications and completions
- Banking Law no. 58 of March 5th, 1998 regarding the banking activity, republished (Official Gazette no. 78 of January 24th, 2005), with further modifications and completions.