Romanian Legal System: A Guide for Businesses

Understanding and navigating the complexities of the Romanian legal system can be crucial for business success. From corporate governance to regulatory compliance, this guide provides a comprehensive look at what businesses need to know.

Choosing the Right Legal Structure for Your Business

Choosing the right legal structure is foundational for your business operations in Romania. Common forms include Societate cu Răspundere Limitată (SRL) for limited liability companies, which is popular among small to medium-sized enterprises, and Societate pe Acțiuni (SA) for joint-stock companies, suitable for larger businesses.

How to Register a Business in Romania 

Registration involves several key steps: deciding on a company name, drafting and notarizing the articles of association, and registering with the Romanian National Trade Register Office (ONRC). This process solidifies your business’s legal presence and is required for all commercial entities.

Essential Business Compliance & Licensing in Romania 

Stay compliant with local business laws and regulations. This includes obtaining necessary licenses and permits, which vary by industry. For instance, businesses in health services, food services, and construction need specific permits to operate legally.

Understanding Romanian Business Taxes & Fiscal Obligations

Romania offers a competitive tax environment for businesses, with a flat corporate tax rate of 16%. However, for smaller enterprises, the microenterprise tax regime may apply, which taxes revenue instead of profit. This system is available to companies with yearly revenues of less than € 250,000  offering tax rates of 1% or 3% on revenue, depending on the turnover value. Understanding these options can help in planning your fiscal responsibilities and optimizing tax obligations.

Employment Laws in Romania: What Businesses Need to Know 

Familiarize yourself with Romania’s employment laws, including contracts, minimum wage requirements, working hours, and conditions. Compliance is monitored closely, and adherence ensures a smooth operational process.

How to Protect Your Intellectual Property in Romania

Protecting your intellectual property (IP) in Romania is facilitated through the State Office for Inventions and Trademarks (OSIM). Businesses should register their patents, trademarks, and designs to safeguard their innovations from potential infringement.

Handling Legal Disputes & Business Conflicts

Legal disputes can arise, and knowing how to navigate them is crucial. Whether it’s contract disputes, labor issues, or commercial conflicts, having robust legal support can help resolve issues efficiently and prevent major legal repercussions.

GDPR & Data Protection Compliance for Businesses

Adherence to the General Data Protection Regulation (GDPR) is mandatory for businesses operating in Romania that handle personal data. Ensuring compliance involves implementing data protection measures, potentially appointing a Data Protection Officer, and managing data in accordance with EU standards.

Environmental Compliance Laws for Businesses in Romania 

Compliance with environmental laws is increasingly important, especially for businesses in manufacturing, waste management, and energy. Understanding and adhering to these regulations not only ensures legal compliance but also enhances sustainability.

Legal Steps to Exit or Sell a Business in Romania

If you plan to exit the business, understanding the legal implications of selling or closing your business in Romania is essential. This includes tax considerations, employee severance, and transfer of business ownership.

 

Need expert legal guidance for your business in Romania? Get professional help with compliance, taxation, and contracts—contact us today!

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