Starting a Telecommunication Company in Romania

The times are changing. We find ourselves in a digital era where everything is connected. At a worldwide level the industry of telecommunications has never been more important.

            In Romania the telecommunication environment is almost exclusively private. This industry may lead to a growth of GDP and is a huge advantage for Romania. Supplying networks and electronic communications services is performed under the general authorization regime adopted by the regulatory authority, the legal regime that establishes the rights and obligations of providers of networks and electronic communications services in Romania.

            Setting up a telecommunication company follows the same steps as any other company in Romania. Firstly, you should register the company with the local Trade Register. The specific NACE Codes for this type of activity are: 6110 – Telecommuncation activities through cable, 6120 – Telecommunication actitvities without cable, 6190 – Other telecommunications’ activities, etc.

            O.U.G. (The Government Urgency Ordinance) no. 111/2011 regarding telecommunication services is the regulatory act in this field. According to this,
any person intending to provide public networks of electronic communications or electronic communications services to the public, shall submit to the National Authority for Management and Regulation in Communications, hereinafter referred to as ANCOM, a notice of such an intention, at the latest, on the starting date of the activity.

            Attached to this notifcation the applicant must send to ANCOM the certificate of registration from the Trade Registry, the power of attorney for the person who shall the submit the notification and the description sheet for the services and networks.

            Until this notification is registered the activity of the telecommunication company may not begin. The applicant who submitted the notification is a supplier for the networks or electronic communications services indicated in the notification.

             Legality Team would be able to provide legal assistance through the entire procedure. Contact us now!

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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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