Business registers in Member States - Romania
Cette page a été traduite automatiquement: sa qualité ne peut pas être garantie.
La qualité de cette traduction a été évaluée comme: bonne
Estimez-vous que cette traduction est utile?
This section gives you an overview of the Romanian Trade Register, organised by the Ministry of Justice — National Trade Register Office.
What information does the Romanian trade register offer?
The Romanian National Trade Register Office is a public institution with legal personality, organised under the authority of the Ministry of Justice. It shall hold, organise and manage the central computerised trade repository.
The Trade Register Offices are organised under the authority of the National Trade Register Office and operate in Bucharest and in each of the 41 Romanian counties. They keep, organise and manage local business registers.
In accordance with Law No 26/1990, the business register contains information on registered professionals, namely:
- domestic companies;
- domestic companies
- autonomous kings;
- cooperative societies;
- cooperative organisations;
- economic interest groups;
- European Economic Interest Groupings;
- European companies;
- European cooperative societies;
- individual undertakings;
- family businesses and
- other natural and legal persons provided for by law.
The commercial register records all the documents, facts, claims, documents and identity of the professionals concerned, the registration of which is required by law and any other documents or documents expressly laid down by law.
The Trade Register website (https://www.onrc.ro/index.php/ro/):
2. information, services structured in sections and services;
3. information on the National Trade Register Office and the Trade Register Offices attached to the Tribunals;
4. various advertising information — free access;
5. forms used in the institution;
6. the formalities relating to the registration in the commercial register of each category of professionals and transactions;
7. statistical data on recorded operations.
- institution’s history
- the CRS network
- forms (for professionals, etc.) and necessary formalities
- charged for the services of the ONRC
The online services of the National Trade Register Office are available on the online services portal, through the Sectoral Operational Programme on “Increase of Economic Competitiveness”, “Investing for your future!” under the project “Online services (e-government) provided by the NTRO for the business community through a dedicated portal”.
The online services of the National Trade Register Office provided via the Services Portal are:
- RECOM Online;
- Verification of the availability of company name and online booking of company name;
- Preliminary checks (verification of availability and/or reservation of the name/logo of legal/natural person, individual/family enterprise);
- Records in the business register and authorisation of legal persons;
- Updating the contact details of companies registered in the business register;
- Delivery of information to date, history of society, statistics;
- Issue of documents (certificates of findings);
- Status of the case;
- Notify the Commercial Register lodged;
- Resolutions postponing requests to the commercial register;
- Publicity of the various situations of legal persons;
- Statistics (transactions in the central register of trade, companies with foreign equity participation);
- Off-line Business Register forms.
The Recom online service provides the following information about professionals:
- name and organisational form;
- identification information (order number in business register, Unique European Level Identifier, unique registration code, registered office address, business contacts (phone, fax);
- registered office (PE, start of validity of proof of establishment, date of expiry of the proof of establishment, duration of the seat);
- subscribed and subscribed share capital;
- the principal object of business declared/authorised by the seller or supplier;
- the secondary work objects declared/authorised by the seller or supplier;
- identification data relating to the associated natural and legal persons;
- identification of the administrators;
- data on emblems;
- data relating to subsidiaries/branches/subunits (registered office, telephone);
- data on secondary sites/work points (registered office, telephone);
- data on establishments and/or activities authorised in accordance with Article 15 of Law No 359/2004;
- property rights data;
- composition data;
- data relating to acts covered by Article 21 (e) to (h) of Law No 26/1990;
- data relating to other claims;
- balance sheet data (turnover, average number of employees, gross profit), if provided by the Ministry of Public Finance.
Is access to the Romanian trade register free of charge?
The information provided by the Trade Register is available online in the Service Portal of the National Trade Register Office. Access to information is allowed after registration as user (creation of a user ID and password), free operation.
The information in the Register of the National Trade Register is structured according to the services offered. Some information may be accessed free of charge, others in charge, in accordance with the legislation in force.
Among the information available, we would remind you:
- General information for the persons concerned to carry out certain regulated activities, as appropriate, (professionals, natural persons, legal persons, institutions and public authorities, etc., details available on the website https://www.onrc.ro/index.php/ro/).
- The subscription component of the Recom online subscription service is accessible after the conclusion of a contract with the beneficiary. Access is provided 24 hours as from 24.
- The status of applications for registration in the commercial register — free of charge.
- The section regarding the decisions postponing registration applications submitted to the Trade Register can be accessed free of charge;
- Certain public information (financial statements, voluntary dissolutions, statutory dissolutions, etc.) can be accessed free of charge;
Access to all sections of the website https://www.onrc.ro/index.php/ro/ is free of charge, 24 hours in 24.
How to search the Romanian business register
Free information available in the Recom online service can be searched by the introduction of the following criteria:
- the name of the professional;
- business registration number;
- the unique registration code;
- the county in which the registered office is situated.
General information for interested persons offered free of charge by the Recom service online includes:
- the name of the professional registered in the business register;
- business registration number;
- the European Unique Identifier (EUID);
- the unique registration code;
- the address of the registered office or place of business;
- the state of the firm (for example: operation, winding up, winding up, bankruptcy, deregistered, etc.);
History of the Romanian trade register
The business register was established in 1990 in accordance with Act No 26/1990 on the Trade Registry.
A dedicated portal was created to provide new online services to the business environment and to anyone interested, portal launched in the second half of 2011.
- informing the business environment, public institutions, the media and interested persons about the operations carried out in the business register;
- reducing the time needed to gain access to information;
- reduction in congestion at the trade register;
- reducing the time needed for the submission of registration documents to the business register;
- simplifying procedures for the registration of professionals, providing financial information and requesting information and documents;
- information to the applicants online and in real time on the data of the business register.
To what extent can I rely on the documents in the register?
The Romanian Trade Register is organised and functions according to the provisions of Law No nr.26/1990 on the commercial register, republished, as amended and supplemented. Authorisation for the setting up of persons subject to the obligation to register in the trade register, their operation and registration in the commercial register, and any recording of amendments to the instruments of incorporation, or other elements expressly provided for, shall be carried out in accordance with the provisions of Law No 26/1990, Government Emergency Order No nr.116/2009, Law No nr.359/2004, as well as the methodological rules on the manner in which the business registers are kept, recorded and released, approved by Order No 2594/C/2008 of the Minister for Justice. The elements specific to each form of activity for which the obligation to register is provided for in the commercial register shall be governed by special legislative acts, the main ones being the following: Law of Companies No 31/1990, Law No nr.1/2005 on the organisation and operation of cooperation, Law No 566/2004 on agricultural cooperation, Government Emergency Order No 44/2008 on the conduct of economic activities by authorised natural persons, individual undertakings and family undertakings, Law No 161/2003 on measures to ensure transparency in the exercise of public office, public functions and the business environment, and the prevention and punishment of corruption.
The provisions of national law according to which third parties may rely on the information and documents registered in the commercial register, as provided for in Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 on certain aspects of company law, shall be as follows:
- In accordance with Article 1 (1) of Law No nr.26/1990 on the commercial register, republished, as amended, ‘ Before the start of the economic activity, the following natural or legal persons shall be required to require registration or, where appropriate, registration in the commercial register: Authorised natural persons, individual undertakings and family undertakings, companies, national companies and domestic companies, companies, national companies and national companies, autonomous companies, economic interest groups, cooperative societies, cooperative organisations, European companies, European cooperative societies and European economic interest groups having their principal place of business in Romania, and other natural and legal persons provided for by law.’
Also, in accordance with Article 1 (2) of the aforementioned legislative act’, the natural or legal persons referred to in paragraph (1) shall be required to apply for registration in the same register of the particulars relating to the acts and acts the registration of which is provided for by law. ‘
- The provision of information recorded in the commercial register and the issuing of copies of the relevant documents shall be carried out in accordance with Article 4 of Law No nr.26/1990 on the trade register, republished, as amended:
(1) The commercial register shall be public.
(2) The Trade Register Office shall be required to release, at the expense of the person making the request, information, record extracts and certified certificates of data recorded in the commercial register, as well as certificates of proof that a particular act or fact is or is not registered, copies and certified true copies of recordings made in the register and the documents submitted for which fees are charged.
(3) The documents referred to in paragraph (2) may be required and issued by correspondence.
(4) The documents referred to in paragraph (2) in electronic form, incorporating, attached or logically associated with the extended electronic signature, may be requested and issued by electronic means via the online services portal of the National Trade Register Office, as well as through the system of the Electronic Single Point of Contact (PSCs), in accordance with Government Emergency Ordinance No 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments by Law No 68/2010.
(5) The fees charged for the release of copies and/or information, irrespective of the mode of supply, shall not exceed the administrative costs involved in their release.
Art. 4 1
(1) electronic copies of the documents and information referred to in Article 4 shall be made available to the public and through the system of interconnection of business registers, at the applicant’s expense.
(2) The level of charges charged for the supply of copies and/or information from the commercial register by the system of interconnection of business registers shall not exceed the associated administrative costs.
The enforceability of the acts and facts of the persons subject to the obligation to register in the commercial register shall be carried out in accordance with Article 5 of Law No 26/1990 on the commercial register, republished, as amended and supplemented:
(1) Registration and entries may be relied on as against third parties with effect from the date of their entry in the Commercial Register or since their publication in the Official Gazette of Romania, Part IV, or in another publication, where the law so provides.
(2) The person required to request a registration shall not, unless it is demonstrated to be known to them by the unregistered acts, preclude third parties from acts, unless they are known to them.
(3) The National Trade Register Office shall publish on its website and on the online services portal and submit for publication on the European e-Justice Portal up-to-date information on national law as regards the advertising and enforceability against third parties of the documents, facts and particulars of persons subject to the obligation to register in the commercial register.’
In addition, there are special provisions for this in Articles 50 to 53 of Law No 31/1990 on Company Law No, republished, as amended, as follows:
50 (1) Acts or acts for which advertising provided for by law has not been published may not be relied on against third parties unless the company proves that they were aware of them.
(2) The operations carried out by the company before the 16th day after the date of publication in the Official Gazette of Romania, Part IV, of the conclusion of the delegated judge (at the date of this claim settlement belongs to the Director of the Trade Register Office/to the person appointed by the Director-General of the National Trade Register Office, in accordance with Government Emergency Ordinance No nr.116/2009, as amended), cannot be relied on as against third parties, who prove that they were unable to acquaint themselves with them.
third parties may, however, rely on the acts or facts in respect of which advertising has not been carried out, unless the omission of the advertisement has no effect.
(1) In the event of a discrepancy between the text deposited with the Trade Register Office and the text published in the Official Gazette of Romania, Part IV, or in the press, the company may not oppose to third parties the text published. Third parties may enforce the published text against the company, unless the company can prove that they were aware of the text submitted to the Trade Register Office.
In accordance with Article 12 (1) of Law No 26/1990 on the commercial register, republished, as amended,
(1) The business register consists of a register for the registration of legal persons incorporated companies, national companies and companies, autonomous regii, economic interest groups, cooperative organisations, European companies, European economic interest groups, other legal entities expressly provided for by law, with head office or secondary establishments in Romania, a register for the registration of legal persons incorporated cooperatives and European cooperative societies with head offices or secondary establishments in Romania, and a register for the registration of natural persons authorised, individual undertakings and family undertakings, having their registered office or secondary establishments in Romania. Such records shall be kept in a computerised system.
- Pursuant to Article 6 (1) of Law No nr.26/1990 on the Trade Register, republished, as amended, read in conjunction with Article 1 of Government Emergency Order No nr.116/2009 on the establishment of measures relating to the activity of registration in the Trade Register, approved with amendments and supplements by Law No nr.84/2010, as amended, shall be made on the basis of the resolution of the Director of the Trade Register Office/person designated by the Director-General of the National Trade Register Office or, as the case may be, of a final court decision, except where otherwise provided by law.
to Article 26 (1) of Law No nr.26/1990 on the commercial register, republished, as amended, ‘the date of registration in the trade register shall be the date on which the registration was actually made in that register.’ >
Also, in accordance with Article 26 (2) of the above-mentioned legislative act, read in conjunction with Government Emergency Ordinance No nr.116/2009, registration in the commercial register shall be operated within 24 hours from the date of the resolution of the Director of the Trade Register Office/person designated by the Director-General of the National Trade Register Office, and in the case of registration of the professional, within 24 hours from the date of the resolution authorising registration.
In accordance with Article 51 (2) of Law No nr.26/1990 on the Trade Register, republished, as amended, “ Registrations in the Trade Register shall be carried out electronically both at the level of the Trade Register Offices attached to the courts and at the level of the computerised central register. ‘
More information can be found here.
This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.
Last update: 13/08/2019