Author name: Legality.ro

Sanctioning of anti-competitive practices in commercial relations with food products

Because the food products market is a subject of major interest for all countries, Romania not being an exception, where the players are often medium/large-scale companies on the one hand, and on the other hand this sector of activity requires the assurance of to the states of consumer protection from all perspectives, starting from purchase […]

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What obligations does the user of temporary labor have?

The user of temporary employees has the following obligations: a) to inform temporary employees about all existing vacancies, in order to ensure equal opportunities with other employees, to obtain a permanent job; b) to ensure the temporary employee access to the professional training courses that he organizes for his employees; c) to provide the employees’

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What contract is concluded between the temporary work agent and the user?

The temporary work agent provides the user with a temporary employee, based on a contract of provision concluded in written form, which must contain the essential elements provided by the Labor Code regarding the working conditions regarding the duration of the working time, additional work , daily and weekly rest, night work, holidays and public

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What contract is concluded between the temporary work agent and the employee?

The temporary work agent concludes a temporary work contract with the temporary employee, in writing, in Romanian, which must include the essential elements provided by the Labor Code in the case of individual work contracts. For each new temporary work assignment, a new temporary work contract is concluded between the parties, in which all the

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If I have a registered trademark, can I later register a company with that name?

As I have shown, link “The difference between the company name (trade name) and the trademark”, the company name and the trademark are two different matters, one of which is mandatory (the company name) and the other is optional (the trademark), one being part of the identification details of the legal entity, and the other

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The difference between company names (trade names) and trademarks

Legal entities are entities that are identified by name and unique numbers assigned by the authority that approves their establishment (Trade Register). Although some time ago the name of the company was not an essential criterion for identification (since there is no centralized system at the level of Romania for records of names) so that

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The main management structure of the company in Romania is the general meeting of associates / shareholders. The constitutive act establishes the rules for convening and adopting decisions and whether the exercise of the vote can be delegated by special mandate by the associate / shareholder who cannot take part in the meeting. In the limited liability company, each shareholder entitles the holder to one vote in the respective meeting. The general meeting of associates has the following main obligations: ✓ to approve the annual financial statement and to establish the distribution of the net profit. ✓ to appoint the administrators and the censors, to revoke / dismiss them and to discharge them, as well as to decide to contract the financial audit, when it is not obligatory, according to the law; ✓ to decide the pursuit of the administrators and censors for the damages caused to the company, designating also the person in charge to exercise it; ✓ to modify the constitutive act.
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The limited liability company is the most common form of company in Romania, being the legal entity that best serves the interests of investors both from the point of view of the reliability of the activity, and from the perspective of its management. The limited liability company is abbreviated "SRL" in Romania and is the equivalent of the American limited liability company Limited Liability Company (abbreviated to LLC) or the German economic structure "Gesellschaft mit beschränkter Haftung" (abbreviated to GmbH), or the structure called "limited" , the structure used in most Latin American states.
The limited liability company is characterized by:
✓ the character intuitu personae, which means that this economic structure is based on the trust between the associates;
✓ the division of the share capital into fractions called shares, which cannot be negotiable securities;
✓ the liability of the associates is limited to their contribution to the share capital.
The limited liability company may also have a single partner, natural or legal person, of Romanian or foreign nationality, who will be the owner of all shares. Instead, the maximum number of associates is 50 people.
At present, the Romanian law no longer conditions the subscription and payment of a certain amount as share capital.
Through registration, the company acquires legal personality, becoming, under the law, a collective subject of law. The conclusion given by the judge is sent, ex officio, to the Official Gazette of Romania for publication at the expense of the company and to the Financial Administration in whose territorial area is the main headquarters of the company for fiscal registration, mentioning the registration number in the Trade Register .

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