Identification of legal persons Romania

What are the particularities of the legal entity in accordance with the legislation that governs this field?

Pursuant to the provisions of the New Civil Code in Book I, "About people", the main elements that can be used in order to properly identify a legal entity in Romania are as follows:
 

• nationality;
• name;
• registered office;
• other elements.

All legal entities which have established headquarters in Romania, according to the articles of incorporation of the company or itsstatus, are considered to be of Romanian nationality.

The articles of incorporation of the company will determine the name that the company will be wearing from that moment on and, at the moment of the registration of the legal entity, the name, alongside other identifiers, will be listed in the public register.

The headquarters of the legal person is also established through the means of the article incorporation or its status. Romanian law provides the right for a legal entity to hold more locations of a secondary nature which can be offices, branches or outlets depending on the core business of the company. This is very useful for companies which wish to extent the business throughout the country.

Regarding the documents emanating from the legal entity, whatever form they may take, they must include the name and registered office of the company, along with other identifying elements provided by the law in particular cases. The sanction for the breach of these provisions is the payment of damages to the person(s) injured by the breach.

All formalities regarding the headquarters of the company, the nationality, the name or the core business, in accordance with the provisions of the Romanian law, are debated on the official website of our law firm in order for you have access to the correct, up-to-date information. On this page you can find how to set up different types of companies, such as LLC (limited liability company), JSC (joint-stock company), partnership limited by shares, limited partnerships, debutant LLC or any other type of companies.
 

Is it possible to change the chosen name or the registered headquarters of a legal entity after its registration in the Trade Register?

Of course. The change of the name or the registered headquarters of any legal person can be achieved at any moments and this possibility is expressly provided by the law.

In this regard, please be sure to consult the articles written on this topic which you are able to find on the official website of the law firm Darie, Manea & Associates.

If you wish to take action regarding changing the name, the registered office or the core business of your company, we recommend you to contact our team of lawyers within the law firm Darie, Manea & Associates who own vast experience in commercial law and who are available for their clients with complete and accurate information, also offering representation before the competent authorities when appropriate.
 

What are the methods in which the proof of the name or the registered office of a legal entity can be achieved in relation to third parties under the legal provisions of Romania?

Proof of the name of the legal person or of the registered office is made through entries that are registered in the trade register or other accounting public records that are related to the specified legal entity.

Without these registered mentions, the determination or change of the name or of the registered office of the legal person can not be opposed in relation to third parties.
Are there any other elements that can help identify the legal persons in Romania?

Of course. Depending on the activity of the legal person, the latter may be identified thorugh the means of certain attributes such as: the number of the trade registration or other public register, the registration code and other identification elements in accordance to the law.

The formalities relating to the registration and establishment of a company in accordance with the laws of Romania are of particular importance in this process, the law harshly sanctioning non-compliance. In this regard, the team of lawyers within our law firm wish to come through so that their clients obtain the optimum solutions to their problems. This way, you will get all the information you need and you will get the company that you wish for. Do not hesitate to contact us!

by Cristian Darie