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Law No. 505 Of 26 November 2003

Original Language Title:  LEGE nr. 505 din 26 noiembrie 2003

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LEGE no. 505 505 of 26 November 2003 on approval Government Emergency Ordinance no. 129/2002 for amendment Law no. 26/1990 on the trade register and the Government Emergency Ordinance no. 76/2001 on the simplification of administrative formalities for the registration and authorisation of traders
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 857 857 of 3 December 2003



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 129 129 of 10 October 2002 for amendment Law no. 26/1990 on the trade register and the Government Emergency Ordinance no. 76/2001 on the simplification of administrative formalities for the registration and authorization of the officials of traders, published in the Official Gazette of Romania, Part I, no. 746 of 11 October 2002, with the following amendments and additions: 1. in Article I, a new point shall be inserted before point 1 as follows: "" 1. Paragraph 2 of Article 1 shall read as follows: (2) Within the meaning of the present law, traders are individuals and family associations, who ordinarily carry out acts of trade, companies, national companies and national companies, autonomous regions, interest groups economic economic and cooperative organizations. " 2. Article I (2) (2) of Article 9 shall be repealed. 3. In Article I, point 2, paragraph 3 of Article 9 shall read as follows: " (3) The offices of the trade register provided in par. (1) shall communicate to the National Trade Register Office any registration or entry, no later than 15 days after the performance. " 4. In Article I, point 3, paragraphs 1 and 6 of Article 10 shall read as follows: "" Art. 10. -(1) The organizational structure and functioning of the National Trade Register Office and the offices of the trade register of the courts, as well as the maximum number of posts thereof shall be established by regulation of organization and functioning approved by order of the Minister of Justice. .............................................................. (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. " 5. In Article I, point 4, paragraph 2 of Article 11 shall read as follows: " (2) Taxes and tariffs charged according to par. (1) shall be paid at the cashier of the trade register office and shall be transferred to the account of the National Trade Register Office, opened at the state treasury. " 6. in Article I, point 4, after paragraph 2 of Article 11, a new paragraph is inserted, paragraph 3, with the following contents: " (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. " 7. In Article I, point 5, paragraph 4 of Article 12 shall read as follows: " (4) The manner of young registers, the making of records and the provision of information in art. 4 4 is established by rules approved by order of the Minister of Justice. " 8. Article I (6) (3) of Article 44 shall be repealed. 9. In Article II, point 3, paragraph 1 of Article 4 shall read as follows: "" Art. 4. -(1) The assistance activities granted to the applicants, at the request and at their expense, may also be carried out within the offices of the trade register of the courts, only in structures distinct from the Single Office, before the application registration and authorization. The assistance services provided by the offices of the trade register of the courts and the concrete conditions of their provision shall be established by Government decision, at the proposal of the Ministry of Justice, and the tariffs related to This assistance shall be established by Government Decision, at the joint proposal of the Ministry of Justice and the Ministry of Public Finance. 10. In Article II, point 4, paragraphs 1, 2 and 4 of Article 5 shall read as follows: "" Art. 5. -(1) The offices of the trade register of the courts shall transmit, directly or through the National Trade Register Office, to be communicated, by electronic means, to the Ministry of Public Finance the data from the application for registration type for assignment of unique registration code. (2) Based on the data provided in par. (1), the Ministry of Public Finance shall assign, within a maximum of 24 hours, the unique registration code. Within 3 days from the receipt of the unique registration code, the offices of the trade register of the courts transmit to the Ministry of Public Finance, through the National Trade Register Office, electronically, all the data of the traders, who were the basis of the records in the .............................................................. (4) The structure of the unique registration code shall be established by the Ministry of Public Finance, Ministry of Labour, Social Solidarity and Family, Ministry of Health and Ministry of Justice. " 11. In Article II, point 6, paragraph 3 of Article 7 shall read as follows: " (3) In case of modification of the constituent acts involving the obtaining of permits, non-compliance with the deadline provided (2) draws the official deletion of the said entry from the trade register, on the basis of the conclusion of the delegated judge, upon referral to the office of the trade register of the court. " 12. In Article II, after point 9 a new point is inserted, point 9 ^ 1, with the following contents: "" 9 ^ 1. Paragraph 1 of Article 17 shall read as follows: Article 17. -(1) Until June 30, 2004, traders constituted prior to May 31, 2001, who did not exchange the registration certificate and the tax registration certificate, are required to request to the Single Office of the register office the trade of the court in the constituency of which they have their seat exchange with the new certificate of registration containing the unique registration code assigned. '; 13. In Article II, paragraph 10, paragraph 4 of Article 17 shall read as follows: " (4) By way of derogation from the provisions of paragraph ((3), all traders who appear at the trade register office to request records in the register, with the exception of records relating to dissolution or liquidation, have the obligation for the required operation to request and the exchange of old registration and tax registration certificates. " 14. in Article II, after point 10 a new point is inserted, paragraph 10 ^ 1, with the following contents: "" 10 ^ 1. In Article 17, after paragraph 4, three new paragraphs (4 ^ 1), (4 ^ 2) and (4 ^ 3) are inserted, with the following contents: ((4 ^ 1) Applications for registration in the commercial register, aimed at removing cases of incompatibility provided by law, made by individuals who have the status of trader or associate, shareholder, administrator or censor at registered legal persons, shall be settled without the necessary pre-change of the registration certificate and the tax registration certificate. (4 ^ 2) The deadline for settling the applications referred to in par. (4 ^ 1) and the release of proof of settlement is 3 days from the date of registration of the application, and in its calculation include the day when it begins and the day it ends. (4 ^ 3) In the request made according to par. (4 ^ 1) the function which is incompatible with the quality of trader or associate, shareholder, administrator or censor in the legal entities registered in the commercial register shall be mentioned. " 15. Article V shall read as follows: "" Art. V.-(1) Within 30 days from the date of entry into force of the law approving the present emergency ordinance shall be completed the taking of databases, maintenance and use applications, necessary for young people and the administration of the trade registers by the National Trade Register Office, respectively by the offices of the trade register of the chambers of commerce and territorial industry, and the operation of the single offices within the chambers of trade and territorial industry, as well as the documents concerning their activity, the to the Ministry of Justice-the National Trade Register Office and by the offices of the trade register of the courts, on the basis of the minutes of takeover-takeover concluded between the representatives of the Ministry of Justice and those of the Chamber of Commerce and Industry of Romania and of the Municipality of Bucharest, respectively of the chambers of commerce and territorial industry. ((2) The manner of use by the Chamber of Commerce and Industry of Romania and of the Municipality of Bucharest and by the chambers of commerce and territorial industry of the information contained in the databases shall be established on a contractual basis. " 16. Article VI shall read as follows: "" Art. VI. -(1) The goods belonging to the National Trade Register Office, the offices of the trade register and the single offices constitute, within the limits of their contribution to the acquisition of those goods, the patrimony of the National Office of the The Trade Register and will be used according to the intended destination. (2) Determination of the contribution provided in par. (1) will be carried out on the basis of data provided by the Ministry of Public Finance and stakeholders, under the law. (3) Predation-taking over the goods provided in par. (1) shall be carried out by minutes concluded between the representatives of the Ministry of Justice and those of the Chamber of Commerce and Industry of Romania and of the Municipality of Bucharest and of the chambers of commerce and territorial industry. " 17. Article VII shall be repealed. This law was adopted by the Senate at the meeting of 10 November 2003, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at its meeting on November 11, 2003, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, November 26, 2003. No. 505. --------------