By Sorin Strătulă (Partner) This short analysis will briefly present the main national legislation in force regarding AIT (as of March 2012), with a focus on those provisions of the Fiscal Code and Customs Code on the matter, as well as on the provisions of the legislation in force sanctioning corruption crimes. Main national primary […]
By Cosmin Mocanu (Partner) We have referred, in the November issue of the Journal Consulting Review, to the possibility of concluding an individual employment contract between the joint stock companies and administrators and/or their directors. The conclusion of our analysis was that, following the amendments to the Company Law no. 31/1990 (“Company Law”), initially brought […]
By Cosmin Mocanu (Partner) Successive amendments brought to Law no. 31/1990 on commercial companies (“Company Law”) in 2006 and 2007 expressly limited the ability of such companies to combine the quality of their administrator(s) (or director(s), for joint stock companies) with that of employee(s) of the respective administrated company1. Although it has been almost three […]
By Cosmin Mocanu (Partner) No doubt, the subject was treated many times and from multiple perspectives in the specialized literature. However, the frequency with which many persons, not only those without legal training but also a large and worrying number of practitioners prove that they do not master the “termination clauses” legal institution, convinced us […]
By Cosmin Mocanu (Partner) Lately, several controls performed throughout the country by the local Excise and Customs Operations Divisions of the Ministry of Finance (“Divisions”) have resulted in fines not at all negligible for tobacco products producers, importers and distributors, whether we are talking about wholesalers (which were often the very producers or importers of […]
By Sorin Strătulă (Managing Partner) 1. Applicable legal provisions1 The applicable and reviewed legal provisions are: Government Emergency Ordinance no. 34/2006, on the awarding of public procurement contracts, public works concession and service concession contracts (Official Gazette no. 418/15.05.2006 (“GEO 34/2006”); Government Decision no. 925/2006, on the methodological norms for application of GEO 34/2006 , published in the Official Gazette nr.625/20.07.2006, as amended and supplemented (“GD 925/2006”); Order no. 155/2006, approving the guidelines for the award of public […]
By Sorin Strătulă (Partner) 1. Introduction to the legal framework governing the area. The legal framework regulating the corporate activities area comprises a set of basic laws that cover all the aspects of a business set up and operation in Romania.The core laws in the field are the Company Law no. 31/1990 (“Company Law”) and […]