Law No. April 7 1931 1,252 concerning the establishment of a register of Commerce published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 84 of 10 April 1931 to CHARLES II By the grace of God and the will of the King of Romania's national team, all from the face and future Legislative Assemblies, health: voted and adopted, and we sanctionam what follows: title I article 1 About trade registers At every Chamber of Commerce and industry will be kept by a special office under the supervision of a judge-delegate , a register of Commerce for acts whose advertisement is required by law.
Article 2 the President of the Tribunal, which is headquartered in the circumscriptiunea Chamber of Commerce and industry, delegate a judge for the annual check of the register.
The judge must check the register at least once a month.
Registries of all the courts and arbitral Boards must submit to the Office of the register of the Chamber of Commerce and industry of the definitive judgments devices relate to acts whose advertisement is required by law.
Article 3 register is public.
Anyone can get at its expense, after signing up and after documentation, or a certificate that a particular act is not passed in registers.
Article 4 Any trader is obligated before the start of trade, or a date achizitiunii dela, ask for his or her registration in the trade registry office, Chamber of Commerce and industry, in which constituency to pursue this trade.
Article 5 application for registration of a trader must show: 1. Name, surname, nationality of origin and newfound trader;
2. various commercial and Company logos used in the trade;
3. date and place of birth;
4. the object and trade;
5. Acts of authorization and empowerment to exercise the trade, when the trader is incapable;
6. under the matrimonial regime Appearing is married;
7. The undertaking (locality, street and number), places where the branches or agencies funds to trade in the country or abroad.
8. his previous Activity.
The application for registration shall be made in two copies. After receiving her official trade register research the performance of condiţiunilor and transcribe the content they register, a certified copy of the trader's inapoind about the operation being performed.
The dealer will then submit its signature to the Office, to be preserved.
This deposit will be made in the face of the official concerned or presented in the form.
Article 6 Must also be declared and listed in the commercial register: 1. All changes or amendments to acts, whose entry in the commercial register is shown in the previous article;
2. The decisions of divorce and separatiune of goods, handed down during the year;
3. Donatiunea, sale, leases or pledge to the Fund, and any other act whereby it brings any change, or to cease company or goodwill;
4. Patents and trademarks inventiune operated the factory or trade, meaning traders;
5. The decisions by which a trader rule interdictiunea, that the appointment of a judicial Board, as well as sentences by which these measures are seized;
6. Decisions declaring bankruptcy, those trader, rezolutiune and cancellation of the Concordat preventative and bankrupt; those of the termination of bankruptcy after distribution, or for neajungere active, those of conviction for offences of fraudulent bankruptcy, and the decision to rehabilitate the trader.
The particulars referred to in points 2, 5 and 6 shall be made ex officio at the request of the Court that pronounced them.
Article 7 will also mention in the trade registry of the Chamber of Commerce and industry, where the operator has its seat or trade, any purchase date for managing the Affairs of a commercial establishment, name, surname, nationality, domicile and the powers of the representative.
Signature of the representative will be kept at the Office. She will be in the form shown by art. 5. Article 8 Are subject to registration in the commercial register of the seat all companies.
The registration will need to be requested within one month from the rock formation of the company. The application will be signed by at least one of the endless associations liable, in the company and limited partnership, at least one of the trustees or directors of joint-stock companies or limited liability, given the social signature.
At your request we will join the acts of incorporation and bylaws of the society published legally.
Article 9 the request for registration of a company must show: 1. The name and surname of the members, who are not shareholders or limited partners, as well as their nationality.
2. social Firm;
3. the object of the company;
4. Where the company has branches or agencies in the country and abroad;
5. the names of members, administrators, censorilor, or those of a third authorized to manage or represent the company, and their nationality.
6. Subscribed capital paid-in in cash, at, and the amounts and values are more and more made in society;
7. Date on which the company has begun and its duration;
8. The nature of the society;
9. If the company is with variable capital, nominal amount under which capital can no longer be reduced.
The application for registration shall be made in two copies. After receiving her official trade register in the commercial register, transcribe the contents of her and returned to the petitioner a copy certificate about the operation being performed.
The signatures of the representatives will be kept at the Office. They will be given in the form indicated by art. 5. Article 10 in the commercial register may have to be mentioned: 1. All changes or amendments to the acts whose entry in the registry is requested through the previous article;
2. name, surname, date and place of birth, nationality, censorilor, administrators or directors appointed during the society's officials.
3. Patent and trademark inventiune operated the factory or trade used by the company;
4. The decisions by which the rule or the lifting of the bankruptcy, Concordat, approval or cancellation cancelation cancelling or terminating the society, dizolutiunea;
5. The decisions of administrators and executives for conviction for offences in the event of bankruptcy.
Article 11 any trader or company registration must wax all branches or agencies in the commercial register, indicating respectively the name and their company, referring to the commercial register or registered office human settlements facility.
Article 12 Any Romanian or foreign trader, who has a commercial establishment abroad and establish in the country a branch or agency is obligated before the start of trade in the country, ask for the registration in the commercial register in Vienna's Chamber of Commerce and industry where the branch or the Agency will be located.
Foreign firms established in their country a branch or agency are subject to the same duties.
Article 13 Any mention in the commercial register for which was not fixed any time limit you have asked for within one month of the date of the Act or fact which from what you have mentioned, and for judgements within one month of the date of the pronouncement of their dela.
Article 14 In the event of termination of a trade, or death of a merchant, and in the case of dissolution of a company, at the request of the parties concerned will have made deletion related.
This cancellation will be made and ex officio on the basis of a conclusion of the trade register, when the judge was not requested by the operator, or his heirs, administrators at the time of the dissolution of the company, and its writing. The decline in the tax case from the presence of the deregistration of a company will not be able to be made than in the proof that the company has been cancelled.
Article 15 no registration or endorsement is not going to be able to do in the commercial register than joining proof of payment of taxes and legal issues.
Article 16 new registrations and entries in the commercial register will be published in full, under the care of the Office in the Official Gazette and bulletin of the Chamber of Commerce and industry, said.
They are opposable third dela publication in the Official Gazette. The publication is considered to have been met after 48 hours from the way her appearance in the Official Gazette. Who is obliged to request enrollment may not oppose third CCR acts and unpublished. Such acts may still be opposed when the third was supposed to have knowledge of them.
Article 17 a central register of Commerce will be kept by a special Office at the Union of Chambers of Commerce and industry.
Every Chamber of Commerce and industry, will be obliged as within one month of central office to communicate all new registrations have been made.
Title II About companies and emblems article 18 a merchant Company is the name under which it carries on its trade and with signing.
The emblem is the sign or name that distinguishes one enterprise by another of the same kind. Company and logo are the property of the person who has requested the registration, through their registration, but the date of application with effect from the presence.
Article 19 Company a trader must be composed of: name and at least one of his surname.
Company a company collective name must be composed of the first name and surname or business name at least one of the partners, "the Company".
Company a company in simple limited partnership must be composed of names and pronouns or company at least of one of the associations comanditati "Society in simple limited partnership".
Company a limited liability company must be made as that of the society, or from a generic name in all cases with the words: "limited liability company".
Company a limited-liability company or a stock company of cooperative societies, as well as that of a mutual insurance undertaking, must be made from a generic name to which to add the words "company way".
Article 21 Any individual, company, or social, must distinguish those who are registered in the commercial register in the same locality.
When a new company is the same as another registered, you need to add a statement to distinguish that, either through more precise designation of the person, or the genus of which operations exercise.
Article 22 Who succeeds in a trade, on any basis, can use existing company, if it was authorized to do so, with a succession of condiţiunea.
Article 23 the company cannot be instrainata separately from goodwill to which it belongs.
Article 24 in order to be able to be entered and used the emblem will have to distinguish themselves from the same locality of the emblems, recorded in the commercial register. The emblem should be the same for branches that are in the same locality with the main County settlement times.
Article 25 any written logo can not be used if it is not accompanied by the firm.
Company logo will be accompanied by the registration number with the Office, all you trader.
Traders and the companies, or limited partnership, which is engaged in the trading of the Bank, will not be able to use the emblems, will have their company resulting from that exercise the Trade Bank.
Title III tax Dispoziţiuni, and transitional article 26 anyone who thinks by entry made or provided by refusing to make any application has the right to apply to the judge who after listening to the registry office by the official concerned, will rule through a resolution.
The judge's decision in the counter register, any interested party will have the right to appeal to court, which will judge rushed into the living room.
Article 27 of the Tribunal's decision In cons there is right of appeal within 10 days from the rock's pronouncement.
The appeal will be declared at the registry of the Tribunal and judge according to the law of the Court of Cassation, the Court of appeal in Vienna which belongs to the Court.
Article 28 Inspectors of the Ministry of industry and trade, the Secretary of the Chambers of Commerce and industry, police inspectors, Chief Inspectors of the urban communes and districts gendarmes heads of post in rural communes, administrators and financial inspectors of the Ministry of finance will have to denounce the trade register emergency judge any offence in this Act.
Article 29 Will be sentenced with civil fine up to 50,000 lei those who being obliged to make any statement or registration in the commercial register will not be asked within this legally out of the damage who could result from omission.
The fine is pronounced by the Tribunal section of judge-delegate, after the latter's request and as a result his obedience and stakeholders.
The Tribunal will require that registration or omitted to mention made in the period of 15 days after the passage of which may rule in the absence of a new fine.
Article 30 Any inaccurate date in bad indicatiune faith, the basis of which it was registered or made any mention in the commercial register, is punishable by a fine up to 100,000 lei and imprisonment up to three months, or only one of these penalties.
The decision by which the rule will require the condemnation as inaccurate registration or endorsement to be rectified within the time limit which will be fixed for this purpose.
Article 31 Any fines, given under this law, the Chamber of Commerce and industry said.
Article 32 those condemned on the basis of the above items will be deprived for a period of 3 years the right to vote and eligibility for chambers of Commerce and industry.
Article 33 rules will determine how the trade register Office and officials of the central.
Article 34 Traders and trading companies, engaged in a trade at the time of promulgation of the law, are obliged to register the company and make all the particulars laid down by this law, without paying any fee to the State, declaring at the same time and date of establishment of the undertaking.
For this purpose it shall be granted for a period of 6 months after the publication of this law in which from the Official Gazette, after which in the event of manifest non-compliance will apply penalties ascribed to traders and trading companies that have not made new registrations prescribed.
All fees referred to in article 35 of the law of stamps remain in force.
The Chambers of Commerce and industry with the approval of the Ministry of industry, registration fees will be charged.
Dispoziţiunile article 36 of this law as part and parcel of the code of Commerce, all dispoziţiunile are contrary and remain repealed.
This law was voted by the Assembly of deputies at its meeting on 1 April 1931 from the rock and has been adopted by a majority of one hundred twenty votes against two.
Vice Chairman, TAIWO (L. S. D.)
Secretary, Nicholas s. Rob this law was passed in the Senate in the April 1 meeting, which from 1931 and was adopted by a majority of sasezeci and five votes against.
Vice Chairman, NICOLAE ROMANESCU (L. S. S.)
Secretary, Ştefan Andreescu Promulgăm this law and categorise them as it is vested with the seal of State and published in the Official Gazette.
(L. S. St.)
CHARLES Minister of trade and industry,  the Minister of Justice, Dr. Wrenn Naidu — — — — — — — — — — — — — — —