LEGE no. 26 26 of 5 November 1990 (** republished) (* updated *) on trade register ((updated on 7 July 2017 *)
ISSUER
PARLIAMENT
---------- ** **) Republicated pursuant to art. IV of Law no. 12 12 of 8 January 1998 , published in the Official Gazette of Romania, Part I, no. 15 of 19 January 1998, giving the articles a new numbering. Law no. 26/1990 was published in the Official Gazette of Romania, Part I, no. 121 121 of 7 November 1990. + Chapter I General provisions + Article 1 (1) Before the beginning of economic activity, they must ask for registration or, as the case may be, the registration in the commercial register of the following natural or legal persons: authorized individuals, individual enterprises and family businesses, companies, national companies and national companies, autonomous regions, economic interest groups, cooperative societies, cooperative organisations, European societies, European cooperative societies and European groups of economic interest with the main office in Romania, such as and other natural and legal persons provided by law. ... --------------- Alin. ((1) of art. 1 1 has been amended by art. 11, Section 3, Cap. II of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. ((1 ^ 1) Documents submitted in support of the applications for registration provided in par. (1) shall be drawn up in Romanian. -------------- Alin. ((1 ^ 1) of art. 1 1 has been introduced by section 1 1 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (1 ^ 2) Traders may also request the advertising of the acts provided in par. ((1), in translation certified in one of the official languages of the Member States of the European Union. -------------- Alin. ((1 ^ 2) of art. 1 1 has been introduced by section 1 1 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (1 ^ 3) The National Trade Register Office provides access to the copies provided in par. (1 ^ 2), under the same conditions as in Romanian acts. -------------- Alin. ((1 ^ 3) of art. 1 1 has been introduced by section 1 1 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (1 ^ 4) In case of inconsistency between the act in Romanian and the certified translation for which advertising was ensured, the company cannot oppose the translated text to third parties; they may, however, oppose the certified translation company, unless which the company proves that they knew the original version, published according to the law. -------------- Alin. ((1 ^ 4) of art. 1 1 has been introduced by section 1 1 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (2) During the exercise of their activity or at the end of it, the natural or legal persons referred to in par. ((1) have the obligation to request the registration in the same register of mentions of the acts and acts whose registration is provided by law. ... --------------- Alin. ((2) of art. 1 1 has been amended by art. 11, Section 3, Cap. II of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. (2 ^ 1) According to the present law, registration is understood both the registration of the trader and the registration of mentions, as well as other operations that, according to the law, are mentioned in the trade register. ------------- Alin. (2 ^ 1) of art. 1 1 has been introduced by section 2 2 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (3) The provisions of par. ((1) does not apply to craftsmen and peasants who unwrap their products from their own household. ... + Article 2 (1) The trade register shall be held by the trade register office, organized in each county and in Bucharest, according to the provisions of the head. II of this law. ... (2) The Central Trade Register shall be held by the National Trade Register Office, a public institution with legal personality, fully financed from its own income, organized under the Ministry of Justice. ... ------------- Alin. ((2) of art. 2 2 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 2 ^ 1 (1) The trade repository, held by the National Trade Register Office, and the trade registers held by the trade register offices of the courts are part of the system of interconnection of the trade registers of the Member States of the European Union, hereinafter referred to as the system of interconnection of business registers. ... (2) The system of interconnection of business registers is constituted by the trade registers of the Member States of the European Union and the European Central Platform. At European level, the electronic access point to the interconnection system is the European e-Justice portal. At national level, the access point for interconnection of trade registers is the Central Trade Register, held by the National Trade Register Office. ... ((3) Through the system of interconnection of business registers, the Central Trade Register shall make available to the public the documents and information relating to professionals registered in the trade register. ... ((4) The following information recorded in the commercial register is available, free of charge, through the system of interconnection of trade registers, on the website of the National Trade Register Office or on the online service portal of this: ... a) the name and legal form of the person registered in the commercial register ... b) the registered office of the person registered in the trade register and the Member State in which it is registered; ... c) the order number in the trade register of the registered/registered person, the unique identifier at European level (EUID) and the unique tax registration code; ... d) company status. ... (5) The Trade Register Office shall carry out, through the system of interconnection of trade registers, free of charge, the exchange of documents and information with the trade registers of the Member States of the European Union in the case of operations of cross-border mergers and branches established by companies established in the Member States of the European Union. ... (6) The National Trade Register Office shall ensure the interoperability of the Central Trade Register and the registers of territorial trade with the system of interconnection of trade registers, documents and information available in standard message format and being accessible by electronic means, in compliance with security standards for transmission and data exchange, under the law. ... (7) The National Trade Register Office may, through the Central Trade Register, constitute optional access points to the system of interconnection of trade registers. The establishment of optional access points shall be approved by order of the Minister of Justice. " ... ------------- Article 2 ^ 1 has been introduced by item 1. 1 1 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. + Article 3 (1) Traders ask for registration at the trade register office in the county or in Bucharest, where they are based. ... (2) The application for registration/registration of mentions and documents attached to it in electronic form, having incorporated, attached or logically associated extended electronic signature, can be sent by electronic mail. ... ------------- Alin. ((2) of art. 3 3 has been introduced by section 2 2 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (3) If the registration/registration application is submitted according to the provisions of par. ((2), the conclusion of the delegated judge shall be communicated by electronic means, the date of communication being considered the date on which it becomes available to the recipient, as well as on paper. ... ------------- Alin. ((3) of art. 3 3 has been introduced by section 2 2 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. + Article 4 (. The trade register shall be public. ... (. The Office of the Trade Register shall be obliged to issue, at the expense of the person who made the request, copies certified from the records made in the register and from the documents presented, as well as information about the data recorded in the trade register and certificates finding that a particular act or fact is or is not recorded. ... ------------- Alin. ((2) of art. 4 4 has been amended by section 3 3 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (3) The acts referred to in par. ((2) may be required and issued by correspondence. ... (4) The documents provided in par. (2), in electronic format, having incorporated, attached or logically associated extended electronic signature, may be required and issued by electronic means, through the on-line service portal of the National Trade Register Office, as well as through the Electronic Single Contact Point (PCU) system, in accordance with the provisions of Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and completions by Law no. 68/2010 68/2010. ... ------------- Alin. ((4) of art. 4 4 has been amended by section 2 2 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. (5) The rates charged for the release of copies and/or information, regardless of the method of supply, shall not exceed the administrative costs involved in their release *). ... ------------- Alin. ((5) of art. 4 4 has been introduced by section 4 4 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. + Article 4 ^ 1 (1) Children in electronic format of the documents and the information provided in art. 4 shall be made available to the public and through the system of interconnection of trade registers, at the applicant's expense. ... (2) The level of charging charged for the provision of copies and/or information from the commercial register through the interconnection system of business registers shall not exceed the associated administrative costs. ... ------------- Article 4 ^ 1 has been introduced by section 4. 3 3 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. + Article 5 (1) Registration and mentions shall be opposable to third parties from the date of their performance in the trade register or from their publication in the Official Gazette of Romania, Part IV, or in another publication, where the law thus has. ... (2) The person who has the obligation to request a registration shall not object to third parties the acts or unregistered deeds, unless he proves that they were known to them. ... (3) The National Trade Register Office shall publish on its website and on the on-line service portal and submit for publication on the European e-Justice portal updated information on national legislation in respect of the advertising and opposability to third parties of the acts, acts and claims of persons subject to the obligation to register in the commercial register. ... ------------- Alin. ((3) of art. 5 5 has been introduced by section 4 4 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. + Article 6 ((1) The records in the commercial register shall be made on the basis of a conclusion of the delegated judge or, as the case may be, an irrevocable court decision, apart from the cases in which the law provides otherwise. ... (1 ^ 1) The first delegated judge to order the registration in the commercial register of mentions regarding the merger, division or change of the registered office of a legal person in another county will rule, by the same conclusion, on the registration of legal persons thus established, the deregistration of those who cease their existence or the registration in the commercial register of the modification of the constitutive acts of legal entities that acquire a part of the divided legal, as applicable, and on registration and deregistration legal entities that change their registered office in another county. ---------------- Alin. ((1 ^ 1) of art. 6 6 has been introduced by section 1 1 of art. II of EMERGENCY ORDINANCE no. 52 52 of 21 April 2008 , published in MONITORUL OFFICIAL no. 333 333 of 30 April 2008. (2) The conclusion of the delegated judge regarding the registration or any other records in the commercial register shall be enforceable and shall be subject only to the appeal. ... (3) The appeal period is 15 days and flows from the date of delivery of the conclusion for the parties and from the date of publication of the conclusion or the amending act of the articles of association in the Official Gazette of Romania, Part IV, for any other persons Interested. ... ((. The appeal shall be filed and shall be entered in the trade register where the registration was made. Within 3 days from the date of submission, the trade register office shall submit the appeal to the court of appeal in whose territorial area the domicile or the premises of the trader is located, and in the case of branches established in another county, at the court of appeal in whose territorial area is the seat of the branch. ... (5) The reasons for appeal may be filed with the court, at least two days before the trial deadline. ... (6) In case of admission of appeal, the decision of the court of appeal will be mentioned in the trade register. ... ------------- Article 6 has been amended by section 6. 3 3 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 6 ^ 1 (1) The judge-delegate to the trade register office shall have the power to verify the fulfilment of the acts and formalities prior to the merger, if the merger of a European company or a cooperative society a company or a cooperative society-a Romanian legal entity-as well as in the case of cross-border merger to which a Romanian national company or a European company based in Romania. ... (2) Provisions of para. ((1) shall apply accordingly in the case of the transfer of the seat of a European company or of a European cooperative company from Romania to another Member State. ... ---------------- Art. 6 ^ 1 was introduced by item 1. 2 2 of art. II of EMERGENCY ORDINANCE no. 52 52 of 21 April 2008 , published in MONITORUL OFFICIAL no. 333 333 of 30 April 2008. + Article 7 (1) The courts are obliged to send to the trade register office, within 15 days from the date when they remain irrevocable, certified copies of the irrevocable decisions referring to acts, facts and mentions whose registration in the commercial register they have it, according to ... ------------- Alin. ((1) of art. 7 7 has been amended by section 4 4 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (2) In these terminations and judgments the courts will order and conduct the records in the commercial register. ... + Article 8 (1) The control of the legality of the operations carried out by the trade register office shall be made by one of the judges of the county court, respectively, of the city of Bucharest, delegated annually by the president ... (2) The delegated judge shall control the operations of the trade register at least once a month. ... ((3) The control carried out by the delegated judge shall not exempt from liability the personnel of the office that leads and executes the operations of the trade register for the compliance with the law ... (4) The graft, secretariat and archive works of the delegated judge shall be ensured by the staff of the trade register office. ... + Chapter II Trade Register Office + Article 9 (1) The offices of the trade register shall be organized under the National Trade Register Office and operate in addition to each tribunal. ... ((2) Abrogat. ... -------------- Alin. ((2) art. 9 9 has been repealed by section 6.6. 2 2 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. (3) The offices of the trade register provided in par. (1) communicate to the National Trade Register Office any registration or written mention, no later than 15 days after the performance. ... -------------- Alin. ((3) art. 9 9 has been amended by section 3 3 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. ------------- Article 9 has been amended by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 10 (1) The maximum number of posts of the National Trade Register Office and of the offices of the trade register of the courts shall be established by Government decision, and the organizational structure and their functioning, by organization and functioning regulation approved by order of the Minister of Justice. ... -------------- Alin. ((1) of art. 10 10 has been amended by section 1 1 of art. II of LAW no. 337 337 of 10 December 2013 , published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. ((2) Abrogat. ... ------------- Alin. ((2) of art. 10 10 was repealed by letter k) a art. 14 of EMERGENCY ORDINANCE no. 1 1 of 25 January 2010 , published in MONITORUL OFFICIAL no. 62 62 of 27 January 2010. (3) The financing of current and capital expenditures related to the activity of the National Trade Register Office and the offices of the trade register of the courts shall be carried out from the fees and tariffs charged, according to art. 11. ... ------------- Alin. ((3) of art. 10 10 has been amended by section 5 5 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (4) The National Trade Register Office is headed by a general manager selected by examination or competition and appointed by order of the Minister of Justice, for a term of 4 years, which can be renewed, under the law. As general manager, seconded magistrates may also be appointed under the law. ... -------------- Alin. ((4) of art. 10 10 has been amended by section 1 1 of art. II of LAW no. 337 337 of 10 December 2013 , published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. (4 ^ 1) The Director General is assisted in his activity by 2 Deputy Directors General, selected by examination or competition and appointed by order of the Minister of Justice, for a term of 4 years, which can be renewed, under the law. -------------- Alin. (4 ^ 1) of art. 10 10 has been introduced by section 2 2 of art. II of LAW no. 337 337 of 10 December 2013 , published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. (5) The offices of the trade register of the courts are headed by directors, assisted in the activity, as the case may be, by deputy directors, according to the Regulation of organization and functioning of the National Trade Register Office and of the offices the trade register of the courts, selected by examination or competition and appointed by order of the Minister of Justice, for a term of 4 years, which can be renewed, under the law. ... -------------- Alin. ((5) of art. 10 10 has been amended by section 3 3 of art. II of LAW no. 337 337 of 10 December 2013 , published in MONITORUL OFFICIAL no. 777 777 of 12 December 2013. (6) The personnel required for the operation of the National Trade Register Office and the offices of the trade register of the courts shall be selected by competition, according to the law. The appointment of the staff shall be made by the Director General of the National Trade Register Office. ... -------------- Alin. ((6) art. 10 10 has been amended by section 4 4 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. ------------- Article 10 has been amended by section 10. 3 3 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 11 (1) For operations carried out the trade register office shall charge fees and tariffs established by Government decision, at the proposal of the Ministry of Justice and the Ministry of Public Finance. ... (2) The fees and charges charged shall be paid at the cashier of the trade register office or by transfer to the account of the National Trade Register Office, opened with the State Treasury. ... ------------- Alin. ((2) of art. 11 11 has been amended by section 6 6 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (3) Taxes and tariffs provided in par. (1) can be updated annually, by Government decision, based on the foundation presented by the Ministry of Justice and taking into account the results of the previous year, contained in the annual financial situation. ... -------------- Alin. ((3) art. 11 11 has been introduced by section 6 6 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. ------------- Article 11 has been amended by section 1. 4 4 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 12 (1) The trade register is made up of a register for the registration of legal entities, national companies and national companies, autonomous kings, economic interest groups, cooperative organizations, European companies, groups European economic interest, other legal entities expressly provided by law, with headquarters or secondary offices in Romania, a register for the registration of legal entities cooperative societies and European cooperative societies with headquarters main or secondary offices in Romania and a register for registration authorized individuals, individual enterprises and family enterprises, with professional headquarters or secondary offices in Romania. These registers shall be kept in computerised system. ... ------------- Alin. ((1) of art. 12 12 has been amended by section 5 5 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. (2) Each person registered in the trade register shall carry a number of orders from the trade register, starting from the number 1 each year, granted at national level from the Trade Central Register. ... ------------- Alin. ((2) of art. 12 12 has been amended by section 5 5 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. (3) The Office of the Trade Register shall also keep records of the documents submitted and the documents on the basis of which the records are made in the commercial register, for each registered person, in which the records made in trade register. ... ------------- Alin. ((3) of art. 12 12 has been amended by section 5 5 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. (4) The manner of young registers, the making of records and the provision of information in art. 4 is established by rules approved by order of the Minister of Justice. ... -------------- Alin. ((4) art. 12 12 has been amended by section 7 7 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. + Article 12 ^ 1 For identification, including in the communication between the trade registers of the Member States through the interconnection system, the natural and legal persons registered in the trade register will also have a unique identifier at European level (EUID), which includes the identification element of Romania, the identification element of the national register, the number of the person in that register and, if necessary, other elements to avoid identification errors. The structure of the unique identifier at European level (EUID) is hereby approved by the Minister of Justice. ------------- Article 12 ^ 1 was introduced by item 1. 6 6 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. + Chapter III Making records + Article 13 *) (1) The application for registration of a natural person trader in the commercial register shall include: ... ------------- The introductory part of para. ((1) of art. 13 13 has been amended by section 4.2 6 6 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. a) the name and surname, personal numerical code, domicile, nationality, date and place of birth, marital status and previous commercial activity; ... ------------- Letter a) a par. ((1) of art. 13 13 has been amended by section 4.2 7 7 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. b) the commercial company and its premises; ... c) the object of trade, with the specification of the main domain and activity, as provided for in the authorization for the exercise of trade; ... d) the number, date and issuing body of the authorization for the exercise of trade. ... ((1 ^ 1) The application for registration of a family association in the commercial register must include: a) the names and surnames of each of the associates, personal numerical code, domicile, nationality, date and place of birth, family membership, marital status and previous commercial activity; ... b) the identification data of the person representing the association in relations with third parties-the family member on whose initiative the association or its authorized person was established; ... c) the commercial company and its premises; ... d) the object of trade, with the specification of the main domain and activity, as provided for in the authorization for the exercise of trade; ... e) the number, date and issuing body of the authorization for the exercise of trade. ... ------------- Alin. ((1 ^ 1) of art. 13 13 has been introduced by section 8 8 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (. The application for registration shall be accompanied by documentary evidence of the data contained therein. ... (3) The Office shall register in the commercial register all the data in the application, as well as, in the case of family associations, the unique registration code assigned according to ... ------------- Alin. ((3) of art. 13 13 has been amended by section 9 9 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 14 (1) The application for registration of a company will include, as the case may be, the data compulsorily contained in its constituent act and will be accompanied by the necessary supporting documents, according to Law no. 31/1990 ... on companies, republished, with subsequent amendments and completions. (2) The Office shall enter in the trade register all data from the application, as well as the unique registration code, assigned according to the law ... ------------- Article 14 has been amended by section 4.2. 10 10 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 15 (. The application for registration of an autonomous kingdom, national companies or national companies in the commercial register shall include: ... ------------- The introductory part of para. ((1) of art. 15 15 has been amended by section 4.2 11 11 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. a) the act of establishment, the name, the seat and, where applicable, its emblem; ... b) the object of activity, with the specification of the main domain and activity; ... c) the component units that may enter into contractual relations with third parties, the persons empowered to represent them and the limits of the authorized powers; ... d) the name and surname, place and date of birth, domicile and citizenship of the persons empowered to represent them, and the limits of the powers conferred. ... (2) The Office shall enter in the trade register all data from the application, as well as the unique registration code, assigned according to the law ... ------------- Alin. ((2) of art. 15 15 has been introduced by section 12 12 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 16 (1) Cooperative organizations shall be registered in the commercial register, in compliance with the regulations on craft cooperation, consumer cooperation and credit cooperation. ... (2) The Office shall enter in the trade register all data from the application, as well as the unique registration code, assigned according to the law ... ------------- Alin. ((2) of art. 16 16 has been introduced by section 13 13 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 17 The application for registration in the commercial register shall be made, if the law does not provide otherwise, within 15 days: a) repealed; ... ------------- Letter a) of art. 17 17 has been repealed by lit. c) a art. 44 of EMERGENCY ORDINANCE no. 44 44 of 16 April 2008 , published in MONITORUL OFFICIAL no. 328 328 of 25 April 2008. b) for companies, from the date of conclusion of the articles of association; ... ------------- Letter b) of art. 17 17 has been amended by section 4.2 14 14 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. c) for autonomous kings, national companies, national companies and cooperative organizations, from the date of the act of establishment. ... + Article 18 (1) The application for registration of a trader, natural person, shall be made personally or by power of attorney, with special and authentic power of attorney. ... (1 ^ 1) The application for registration of the family association shall be made by the family member on whose initiative the association or its authorized person was established, with special and authentic power of attorney. ------------- Alin. ((1 ^ 1) of art. 18 18 has been introduced by section 15 15 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (2) In order to prove the specimen of signature, the individual trader, respectively the representative of the family association, shall sign at the trade register office, in the presence of the delegated judge or the director of the office or of the replacement That will certify the signature. ... ------------- Alin. ((2) of art. 18 18 has been amended by section 16 16 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (3) In the absence of the individual trader, or of the representative of the family association, his signature may be replaced by the presentation of a signature specimen legalized by the notary public. ... ------------- Alin. ((3) of art. 18 18 has been amended by section 16 16 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 19 (1) The application for registration in the commercial register of a company will be signed at least by an administrator or, as the case may be, by his representative or, under the law, by any associate, and for autonomous kings, companies national, national societies or cooperative organizations, by persons empowered, according to the law, to represent them. ... (2) Proving of the specimen of signature of the administrators and, as the case may be, of the representatives of the companies, as well as of the persons empowered under the law to represent the autonomous regions or the cooperative organizations shall be made with compliance with art. 18 18 para. ((2) and (3). ... + Article 20 (1) The application for registration will be accompanied by supporting documents. ... (2) The number and date of conclusion of the delegated judge will be mentioned at any registration ... + Article 21 The trade register shall register entries relating to: a) the donation, sale, location or real guarantee of furniture constituted on the trade fund, as well as any other act by which changes are made to the records in the trade register or that makes the company cease or the trade fund; ... ------------- Letter a) of art. 21 21 has been amended by section 4.2 17 17 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. b) name and surname, nationality, personal numerical code, for Romanian citizens, series and passport number, for foreign nationals, date and place of birth of the authorized or fiscal representative, if applicable; if the right of representation is limited to a certain branch, the mention will be made only in the register where the branch is registered, the signature of the authorized/fiscal representative will be given in the form provided in art. 18 18 para. ((2) and (3); ... ------------- Letter b) of art. 21 21 has been amended by section 4.2 17 17 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. c) patents of inventions, factory, trade and service marks, designations of origin, indications of origin, company, emblem and other distinguishing marks on which the company, the autonomous direction, the cooperative organization or the natural person or family association has a right; ... ------------- Letter c) of art. 21 21 has been amended by section 4.2 17 17 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. d) the marriage contract, concluded before or during the marriage, including its amendment, the court decision on the judicial modification of the matrimonial property regime, the action or the determination or declaration of invalidity the marriage, the action or the decision finding or declaring the invalidity of the matrimonial convention, as well as the action or the divorce decision rendered in the course of the exercise of economic activity; ... --------------- Letter d) of art. 21 21 has been amended by art. 53, Section 3, Cap. IV of LAW no. 71 71 of 3 June 2011 , published in MONITORUL OFFICIAL no. 409 409 of 10 June 2011. e) the decision on the placing on the market of the trader or the establishment of its cleaning and the determination of such measures; ... f) the opening of the procedure for judicial reorganization or bankruptcy, as the case may be, and the registration of the corresponding ... g) judgment of conviction of the trader, administrator or censor for criminal acts that render him unworthy or incompatible to exercise this activity; ... ------------- Letter g) of art. 21 21 has been amended by section 4.2 18 18 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. h) any amendment to the acts, acts and particulars recorded. ... + Article 22 (1) The trader has the obligation to request the registration in the trade register of the mentions provided in art. 21, no later than 15 days after the date of the acts and acts subject to the registration obligation. ... ((2) The registration of claims may also be made at the request of interested persons, no later than 30 days from the date when they knew the act or the fact subject to registration. ... (3) Mentions shall be registered ex officio, within 15 days from the date of receipt of the certified copy of the irrevocable decision on the facts and acts provided for in art. 21 lit. e), f) and g), unless the law has otherwise. ... -------------- Alin. ((3) of art. 22 22 has been amended by section 7 7 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (4) The fact that the claims may be registered and at the request of other persons or ex officio does not exempt the trader from the obligation to ask for their performance. ... + Article 23 (1) The trader who opens branches must request their registration at the trade register office at the headquarters of each branch. ... (2) The application shall include: ... a) the name of the branch, which will contain the name/name and legal form of the trader, the locality where its registered office is located, followed by the word "branch" and the locality where its registered office is located; ... b) branch office; ... c) the activity of the branch; ... c ^ 1) the decision of the general meeting, the decision of the board of directors, respectively the directorate, through which the branch was established ------------- Point c ^ 1) of par. ((2) of art. 23 23 was introduced by section 4.2. 1 1 of art. II of EMERGENCY ORDINANCE no. 82 82 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. d) the name and surname, place and date of birth, personal numerical code, domicile and citizenship of the representative of the trader, natural person, respectively the name, registered office and nationality of the representative of the trader, legal person, who it is directly occupied by the activity of the branch, stating whether the powers conferred on them are to be exercised together or separately; ... e) information on the commercial register in which the trader is registered and the registration number. ... (. The following shall be attached to the application for registration: ... a) proof of the branch office; ... b) self-declarations of persons empowered to represent the branch, showing that they meet the legal conditions for holding this quality; ... c) the signature specimens of the persons empowered to represent the branch. ... (. The Office of the Trade Register at the premises of the branch shall transmit to the Office of the Trade Register at the principal place of the trader an extract from the registration made, in order to be mentioned in the register of that trade. ... (4 ^ 1) Romanian legal entities that open branches abroad have the obligation to mention them at the office of the trade register in Romania, after their registration in the respective states. ------------- Alin. (4 ^ 1) of art. 23 23 has been introduced by section 7 7 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. (5) The advertising formalities provided for in this Article are carried out by the representative of the trader, provided in par. ((2) lit. d). ... -------------- Article 23 has been amended by section 6.6. 8 8 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. + Article 24 (1) Legal persons with their main office abroad who open branches in Romania must request their registration at the trade register office at the headquarters of each branch. ... (. The application shall include the following: ... a) the name of the legal person abroad and the legal form, as well as the name of the branch, if different from that of the legal person; ... b) the register in which the legal person from abroad is registered, the registration number and, where applicable, the unique identifier at European level (EUID); ... c) registered office; ... d) the activity of the branch; ... e) the name and quality of the representatives of the legal person abroad and those who are directly concerned with the activity of the branch, with the stipulation whether the powers conferred on them are to be exercised together or separately; ... f) in the case of branches of legal entities from states that are not Member States of the European Union or states participating in the European Economic Area, the national law applicable to the legal person will be mentioned. ... (3) The commercial register of the branch office shall be submitted: ... a) the constitutive act and the status of the legal person abroad, if contained in separate documents, together with all the amendments of these documents or the updated articles of association, in certified translation; ... b) documents proving the registered office of the legal person abroad, its object of activity and, at least annually, the value of the subscribed capital, in the case of branches of the legal entity in states that are not members of the The European Union or States participating in the European Economic Area, if such information is not included in the documents referred to in point ( a); ... c) a certificate, in certified translation, from the register in which the legal person from abroad is registered, attesting the existence of the company; ... d) annually, the financial statements of the legal person abroad, approved, verified and published according to the legislation of the state in which it has its registered office, which will be subject to the same advertising formalities provided for the situations financial companies of Romanian legal entities; ... e) the financial statements of the legal person abroad, as they are drawn up, audited and published in accordance with the law of the Member State governing the legal person abroad, if the legal person in abroad that opens a branch in Romania has its registered office in a Member State of the European Union; ... f) financial statements of the economic operator abroad, as they are drawn up, audited and published in accordance with the Romanian law, unless the law governing the legal person abroad provides accounting rules equivalent to those in force in the European Union, where the legal person abroad who opens a branch in Romania is not governed by the law of a Member State of the European Union or of the Economic Area European; ... g) proof of branch office. ... (. Where applicable, particulars relating to: ... a) the opening and termination of a judicial or extrajudicial insolvency proceedings on the legal person abroad; ... b) dissolution, opening of liquidation of the legal entity from abroad, name and powers of liquidators, completion of liquidation; ... c) closure of the branch and its deletion from the commercial register. ... (. The Trade Register Office shall, through the system of interconnection of business registers, receive the information and documents relating to the opening and termination of any procedure for the dissolution, liquidation or insolvency of the legal person of the the Member State of the European Union and its deletion from the register, with a view to their ex officio registration, free of charge, in the commercial register, in which they are registered with the branches opened by it. ... (6) The trade register office shall transmit, through the system of interconnection of trade registers, free of charge, the information and documents provided in par. ((5) regarding legal persons registered in Romania and who have established branches in other Member States of the European Union, in order to register these data in the trade register. ... ((7) Where the legal person of the Member State of the European Union has been removed from the register, the office of the trade register shall, of its own motion, be free of charge, its branches, as soon as it has received the information and documents in accordance with the provisions of para. ((5). ... (8) The provisions of par. ((7) shall not apply to branches of legal persons in the Member State of the European Union which have been removed from the register as a consequence of a change in the legal form of the entity concerned, of a merger or division or of a transfer cross-border of the registered office. ... (9) If a legal person with registered office abroad establishes several branches in the country, the documents provided in par. ((3) and (4) shall be submitted only to one of the branches, at the choice of the company, at the office of the trade register in which the other branches are registered, stating which is the register by which the advertising formalities are ensured. ... (10) The advertising forms provided for in this Article are carried out by the representative of the branch, provided in par. ((2) lit. e). ... ------------- Article 24 has been amended by section 4.2. 8 8 of art. I of LAW no. 152 152 of 18 June 2015 , published in MONITORUL OFFICIAL no. 519 519 of 13 July 2015. + Article 25 ((1) Any natural or legal person prejudiced as the effect of a registration or by a mention in the commercial register has the right to demand the removal of the damaging record, in all or only with regard to certain elements thereof, in the case in which irrevocable court decisions were abolished in whole or in part or amended the acts which were the basis of the registration with regard to which the deregistration is sought, if by the court decision was not ordered mention in the trade register. ... ------------- Alin. ((1) of art. 25 25 has been amended by section 23 23 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (. The application shall be submitted and shall be entered in the register of trade in which the trade was registered. Within 3 days from the date of filing the trade register office shall submit the application of the tribunal in whose territorial area the trader's premises are located, and in the case of branches established in another county, to the court of that county. ... (. The Tribunal shall rule on the application with the citation of the Trade Register Office and the trader. ... ------------- Alin. ((3) of art. 25 25 has been amended by section 23 23 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (4) The judicial decision to settle the application can be appealed only with appeal, and the term of appeal flows from the pronouncement, for the parties present, and from the communication, for the missing parties. ... ------------- Alin. ((4) of art. 25 25 has been amended by section 23 23 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (5) The trade register office shall carry out the deletion and shall publish the irrevocable court decision in the Official Gazette of Romania, Part IV, at the expense of the party that introduced the application. For this purpose, the court will communicate to the office of the trade register the court decision, in legalized copy, with the mention of irrevocable stay. ... ------------- Alin. ((5) of art. 25 25 has been amended by section 23 23 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. ----------- Article 25 has been amended by section 6.6. 1 1 of art. I of LAW no. 348 348 of 6 July 2001 , published in MONITORUL OFFICIAL no. 381 381 of 12 July 2001. + Article 26 (1) The date of registration in the commercial register shall be the date on which the registration was actually operated in this register. ... ((2) The registration in the commercial register shall be operated within 24 hours from the date of conclusion of the delegated judge, and in the case of the registration of the trader, within 24 hours from the date of delivery of the conclusion of the judge authorization of registration. ... ------------- Alin. ((2) of art. 26 26 has been amended by section 24 24 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 26 ^ 1 (1) The National Trade Register Office has active procedural legitimation and can intervene in any process regarding records in the commercial register, the interest being presumed and consisting in compliance with the general requirements of the activity commercial. ... (2) Applications introduced by the National Trade Register Office, under this law, shall not be subject to stamp duty nor to judicial stamp. ... -------------- Art. 26 ^ 1 was introduced by item 10 10 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. + Article 27 Repealed. ------------- Article 27 was repealed by point (a). 25 25 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 28 In the applications for registration in the commercial register and in any other requests addressed to this register, the person and the address to which the terminations of the delegated judge or other acts and notices will be communicated. + Article 29 The trader is obliged to mention on invoices, offers, orders, tariffs, prospectuses and any other documents used in trade, name/name, registered office, unique registration code and, if applicable, personal numerical code. The tax receipts issued by electronic cash registers are exempted, which will include the elements provided by the legislation in the field. ------------- Article 29 has been amended by section 6.6. 26 26 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Chapter IV The regime of firms and emb + Article 30 ((1) The firm is its name, as the case may be, the name under which a trader exercises trade and under which he signs. ... ((2) Emblema is the sign or name that distinguishes a trader from another of the same gender. ... (3) Firms and emblems will be written primarily in Romanian. ... (4) The exclusive right of use on the company and the emblem shall be acquired by their registration in the commercial register. ... + Article 31 (1) The firm of a trader, a natural person, shall be composed of the name of the trader written in full or from the name and initial of its name. ... ((1 ^ 1) The firm of a family association must include the name of the family member at the initiative of which the family association is established, with the mention <
> >, written in full.
------------- Alin. ((1 ^ 1) of art. 31 31 has been introduced by section 27 27 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (2) No mention that could mislead the nature or extent of trade or the trader's situation may be added to the firm. It will be possible to make mentions showing more precisely the person of the trader or the way of his trade. ... + Article 32 The company of a company in a collective name must include the name of at least one of the associates, with the words "society in collective name", written in its entirety. + Article 33 The firm of a company in simple order must include the name of at least one of the associates ordered, with the mention "company in the order", written in its entirety. + Article 34 If the name of a foreign company appears, with its consent, in the company of a company in a collective name or in a simple order, it becomes unlimited and severally liable to all obligations of the company. The same rule is applicable to the commander whose name is listed in the company of a company in the order. + Article 35 The company of a company on shares or in order on shares is composed of a name of its own, of the nature of the company of other companies, and will be accompanied by the mention written in full "company on shares" or "S.A." or, as the case may be, "joint-stock company". + Article 36 The firm of a limited liability company consists of a name of its own, to which the name of one or more associates may be added, and shall be accompanied by the entry written in full "limited liability company" or "S.R.L." + Article 37 The company of the Romanian branch of a foreign company will also have to include the mention of the main office abroad. + Article 38 (1) Any new firm must differ from existing ones. ... (2) When a new firm is similar to another, a statement must be added that distinguishes it from it, either by designating the person more accurately, or by indicating the manner of trade exercised or in any other way. ... + Article 39 (1) The trade register office will refuse to register a company which, by not introducing special elements in relation to already registered companies, may cause confusion with them. ... ------------ Alin. ((1) art. 39 39 has been amended by section 1 1 of the single article of LAW no. 519 519 of 23 November 2004 , published in MONITORUL OFFICIAL no. 1.109 1.109 of 26 November 2004. (2) It is prohibited to register a company containing the words: "scientific", "academy", "academic", "university", "university", "school", "school" or their derivatives. ... ------------ Alin. ((2) art. 39 39 has been amended by section 1 1 of the single article of LAW no. 519 519 of 23 November 2004 , published in MONITORUL OFFICIAL no. 1.109 1.109 of 26 November 2004. ((3) The registration of a company containing the words: "national", "Romanian", "institute" or their derivatives or words or phrases characteristic of the central public authorities and institutions shall be carried out only with the agreement of the General Secretariat of the Government. ... ------------ Alin. ((3) art. 39 39 has been amended by section 1 1 of the single article of LAW no. 519 519 of 23 November 2004 , published in MONITORUL OFFICIAL no. 1.109 1.109 of 26 November 2004. (4) The registration of a company containing words or phrases characteristic of local public authorities and institutions shall be carried out only with the consent of the prefect of the county, respectively of the city of Bucharest, in the territorial constituency where the applicant has established its registered office ... (5) In the cases provided in par. ((3) and (4) the competent authority shall refuse to issue the agreement if the firm in question is liable to create confusion with the name of a public institution or of public interest. ... (6) Agreement for the use of the name, provided in par. ((3) and (4), or, where appropriate, the refusal to issue the agreement shall be communicated within 10 days from the date of the request. ... (7) Refusal of the agreement provided in par. ((3) and (4) lead to the rejection of the application for registration of the legal person ... ((8) Verification of the availability of the company and of the emblem shall be made by the trade register office before the establishment of the constituent acts or, as the case may be, to modify the company or the emblem ... ------------ Alin. ((8) art. 39 39 has been amended by section 1 1 of the single article of LAW no. 519 519 of 23 November 2004 , published in MONITORUL OFFICIAL no. 1.109 1.109 of 26 November 2004. (9) Firms and emblems radiated from the commercial register are unavailable for a period of 2 years from the date of deregistration, except in the cases provided for in art. 41. ... -------------- Article 39 has been amended by art. I of ORDINANCE no. 72 72 of 13 August 2004 , published in MONITORUL OFFICIAL no. 791 791 of 27 August 2004. + Article 40 No firm will be able to include a name used by public sector traders. + Article 41 (2) The retention of the previous company is allowed to the company on shares, in order on shares or limited liability company, without the requirement to mention the succession report. ... (3) If the company of a limited liability company includes the name of one or more associates, the provisions of par. ((1) remain applicable. ... + Article 42 The firm cannot be disposed of separately from the trade fund to which it is used. + Article 43 ((. Any emblem shall be distinguished from the emblems entered in the same trade register, for the same kind of trade, as well as the emblems of other traders on the market where the trader operates. ... (2) Emblems will be able to be used on advertising boards wherever they are placed, on invoices, letters, order notes, tariffs, prospectuses, posters, publications and in any other way, only if they are visibly accompanied by the trader's company. ... (3) If the emblem includes a name, the company will be written in letters having the size of at least half of that of the letters with which the emblem is written. ... + Chapter V Sanctions + Article 44 (1) If they do not comply with the provisions of the law and the stipulated deadlines, traders who must ask for the registration or registration of a claim or submit signature specimens or certain acts will be obliged, by conclusion delivered by the judge delegate, to pay a judicial fine from 500,000 lei to 5,000,000 lei, if the act does not constitute a crime. ... ------------- Alin. ((1) of art. 44 44 has been amended by section 30 30 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (2) If the registration, the mention, the submission of the specimen of signature or the act are in charge of a legal person, the judicial fine is from 5,000,000 lei to 20,000,000 lei, if the act does not constitute a crime. If there are more people to be fulfilled, the fine applies to each of them. ... ------------- Alin. ((2) of art. 44 44 has been amended by section 30 30 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. ((3) Abrogat. ... ------------- Alin. ((3) art. 44 44 has been repealed by section 6.6. 8 8 of the single article of LAW no. 505 505 of 26 November 2003 , published in MONITORUL OFFICIAL no. 857 857 of 3 December 2003. (4) The fine provided in par. (2) shall also apply to representatives of companies fined, according to the provisions of that paragraph. ... + Article 45 Natural persons traders and representatives of family associations and legal entities, which do not comply with the obligations provided in art. 29, will be sanctioned by the control bodies of the Ministry of Public Finance with a fine of 5,000,000 lei to 10,000,000 lei, and in case of registration of false data, the corresponding provisions of the criminal law will be applied. ------------- Article 45 has been amended by section 6.6. 31 31 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 46 Referral of the delegated judge for the application of the fines provided for in 44 may be made by any person concerned or ex officio. ------------- Article 46 has been amended by section 6.6. 32 32 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 47 Judicial fines provided for in art. 44 are subject to the common law regime of judicial fines, provided by the Code of Civil Procedure. ------------- Article 47 has been amended by section 6.6. 33 33 of art. VIII, Title II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 48 Repealed. ------------- Article 48 was repealed by art. 32 of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter VI Final and transitional provisions + Article 49 Repealed. ------------- Article 49 has been repealed by point 8 8 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 50 ((1) The provision of the corresponding space and the material conditions necessary to carry out the activity of the National Trade Register Office and each office of the trade register shall be made for the years 1990-1991 by the prefecture and, respectively, by the Bucharest City Hall. ... (2) The goods with which the offices were equipped shall pass, without payment, in the property of the chambers of commerce and territorial industry until January 1, 1992. ... + Article 51 (1) The National Trade Register Office shall ensure the necessary conditions for the functioning of the unitary computer system of the trade register. ... (2) The records in the commercial register shall be carried out electronically, both at the level of the trade register offices of the courts and at the level of the computerized central register *). ... -------------- Alin. ((2) of art. 51 51 has been introduced by section 11 11 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. ((3) Applications and documents submitted in their support, received in paper or electronic form, shall be archived by the National Trade Register Office in electronic form *). ... -------------- Alin. ((3) of art. 51 51 has been introduced by section 11 11 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. (4) By way of derogation from the provisions of paragraph (3), the applications submitted before the date of entry into force of this Law shall be archived electronically, at the request of the registered trader or the applicant for certified copies *). ... -------------- Alin. ((4) of art. 51 51 has been introduced by section 11 11 of art. II of LAW no. 441 441 of 27 November 2006 , published in MONITORUL OFFICIAL no. 955 955 of 28 November 2006. ------------- Article 51 has been amended by section 1. 9 9 of art. I of EMERGENCY ORDINANCE no. 129 129 of 10 October 2002 , published in MONITORUL OFFICIAL no. 746 746 of 11 October 2002. + Article 51 ^ 1 (1) In the exercise of its powers provided by law, the National Trade Register Office and the trade register offices of the courts collect, process and process data and information, including the nature of the data of a nature personnel, to whom the provisions are applicable Law no. 677/2001 ... for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. (2) The National Trade Register Office may collaborate with the Chamber of Commerce and Industry of Romania. ... ----------- Alin. ((2) of art. 51 51 ^ 1 was introduced by art. III of LAW no. 39 39 of 30 March 2011 , published in MONITORUL OFFICIAL no. 224 224 of 31 March 2011. ----------- Article 51 ^ 1 (initially with paragraph 1) was introduced by point 1. 2 2 of art. II of EMERGENCY ORDINANCE no. 82 82 of 28 June 2007 , published in MONITORUL OFFICIAL no. 446 446 of 29 June 2007. + Article 52 Repealed. ----------- Article 52 has been repealed by point (a) 2 2 of art. I of LAW no. 348 348 of 6 July 2001 , published in MONITORUL OFFICIAL no. 381 381 of 12 July 2001. + Article 53 This law shall enter into force within 30 days from the date of its publication in the Official Gazette of Romania *). --------- *) The provisions of art. 4 4 para. ((2) and (3), art. ((6), art. 8 8 para. ((2), (3) and (4), art. 11 11 para. ((2), (3) and (4), art. 12 12 para. ((1), (3) and (4), art. 13 13 para. ((1), art. 14 14, art. 15 15, art. 16 16, art. 17-20 17-20, art. 21 lit. f), art. 23 23, art. 24 24 para. ((3), art. 25 25 para. ((3), art. 26-29 26-29, art. 30 30 para. ((2) and (4), art. 36 36, art. 37 37, art. 39 39, art. 41 41, art. 44 44, art. 45 45, art. 48 48 para. ((1) and of art. 51 and 52, which takes effect 30 days from the date of publication in the Official Gazette of Romania, Part I, Law no. 12/1998 . -----------
