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Company Formation Legal Advices- Opening a Company in Romania

Opening a Company in Romania - Company Formation Legal Advices

Our team has extensive experience in matters related to company formation in Romania. We start by advising our clients on the suitable business form they may choose when deciding to invest in Romania. After this choice is made in a fully informed manner, we will assist the company founders throughout the incorporation procedure.

Our company formation package includes the following services:

  1. Reserve the company name: the name of the new company needs to be unique and must be reserved before incorporation; we recommend that investors propose three different names.
  2. Document drafting: our lawyers can assist investors in drafting the company’s Articles of Association as well as the director’s and the shareholder’s statements.
  3. Share capital: we can help business owners open the bank account and deposit the required shared capital, as per the chosen business type.
  4. Form filling in: we will help the company founders fill in the application form, as required by the Trade Register.
  5. Complete the registration: once the registration form is completed and the documents are prepared, we can submit the documents to the Trade Register, as legal representatives of the company founders.
  6. Subsequent steps: we are also able to assist with VAT registration purposes as well as obtaining the mandatory special permits and licenses.

We remind investors that several issues need to be taken into consideration for company formation purposes in Romania. These include choosing the NACE codes (or CAEN in Romanian) and establishing the registered address of the company – a mandatory step that needs to be handled in the pre-registration phase in order to be able to complete the Trade Register formalities.

The NACE codes refer to the company’s primary activity. Each new business is required to assign a code for the primary activity and as many other codes for secondary ones. It is recommended to draw up the business plan and assign as many additional codes as possible for the future evolution of the company. Doing so is advisable because any other code addition or changes after registration will involve other submissions and document preparation for the Trade Register. If companies do, however, need to make subsequent changes, one of our Romanian lawyers can provide the needed assistance.

Choosing a registered address for the company is required as this information is mandatory when preparing the registration documents and when registering the business. The address is included in the company’s Articles of Association; however, it does not need to be the same as the company’s headquarters. This can be another address, as decided by the founders or as per the needs of the business. Like the NACE codes, the registered address can be modified after registration, however, it will also imply a notification and a formal request for change that is to be lodged with the Trade Register.

These are only general services related to company formation in Romania. Our team can provide you with more details, but also with a personalized company formation package. Our attorneys can help you open any type of company, from micro companies to general partnerships.

As an experienced Romanian law firm, we are constantly advocating for our customers’ interests, taking into account all European stipulations, international treaties, or foreign judicial backgrounds that might interfere. Our lawyers at Montenegro & Associates provide a comprehensive strategy for choosing the best option when deciding to extend your business in our country.

Our team will also emphasize the importance of acquiring the necessary portfolio of business permits and licenses. The aspects concerning corporate and commercial law are thoroughly approached by all our trained attorneys, as we are fully aware of the importance of keeping solid accuracy when handling business instruments.

What are the types of companies that can be formed in Romania?

There are five main types of companies that can be incorporated both by local and foreign investors in Romania. These are:

  • the limited liability company or SRL;
  • the joint-stock company or SA;
  • the company limited by shares or SCA;
  • the limited partnership;
  • the general partnership.

In addition to these, entrepreneurs can also register as sole traders in Romania, and foreign companies can also set up branches in the country.

What is the most suitable business form for a foreign investor in Romania?

Foreign investors generally prefer to open a limited liability company or a joint-stock company. Full foreign ownership is permitted for all business forms; however, the SRL is particularly advantageous because the setup is simple and the minimum share capital is very low.


What are the main steps for company formation in Romania?


The following steps are relevant for opening an SRL in Romania:

  1. Choose the business activity: this is done according to the NACE codes; a company can have one primary business activity and several secondary ones;
  2. Choose the name: the name of the new company needs to be a unique one and a prior name check is available with the National Trade Register Office;
  3. Choose the registered office: this needs to be located in Romania, and the address will be included in the company documents and will be available to the public;
  4. Draw up the documents: these are the company’s constitutive documents, the Articles of Association;
  5. Deposit the capital: this is done after opening a bank account where the minimum amount for incorporating the SRL is submitted;
  6. Register: once the aforementioned steps are complete, the company founders can gather the documents and submit the company for registration with the National Trade Register Office.

How long does it take to start a business in Romania?

A private limited liability company can be incorporated in approximately three working days if the name is not rejected and if all the needed documents are gathered in advance.

Can a foreigner buy property in Romania?

Foreign nationals have the same right to acquire property and land as Romanian citizens. The Romanian property will have to be a secondary place of residence for the foreigner.

What are the main steps for buying property in Romania?

Once the property search is complete, foreign nationals can start to draw up the sale/purchase agreement or the donation agreement together with the owner of the property. It is important to note that before the transaction can go through, the foreign national needs to have a fiscal identification number, which is obtained from the National Agency for Fiscal Administration. This step is not mandatory for Romanian corporate property purchases.

Can a lawyer in Romania assist during the property purchase?

Our lawyers in Romania can help you draw up the sale/purchase agreement as well as prepare and obtain the other required documents (such as the land register documents). In addition to this, a lawyer can act as a legal representative through a power of attorney and will be able to handle any needed steps if the buyer is not able to be present in Romania during the entire procedure.


Our Romanian lawyers are specialized in real estate cases, solving complex issues regarding residential, offices, mixed-used real estate projects, or shopping centers in Romania. Through our past experience, we have represented many clients in their processes of selling or buying properties, or even an entire property portfolio:

  • participation of mortgages;
  • purchases, restructuring, and workouts;
  • financing properties and projects;
  • retail leasing;
  • joint venture development.

More specifically, Romanian lawyers can help you obtain the maximum out of your investments with good and researched decisions, as real estate investments are a type of investment that requires plenty of documentation and dedicated time. When you decide to start your journey on the real estate road, an experienced Oradea real estate attorney is a really valuable asset as you might miscalculate some fees or additional costs, so he can help you avoid any unnecessary costs.

Real estate legal assistance can be useful for both commercial and individual purposes (such as for foreign investors who are interested in acquiring property in Romania in their own name). Our law firm has a team of attorneys in Romania with relevant experience in the real estate field who can help with specific issues such as:

  • drafting the purchase, sale and banking documents;
  • providing legal support for land purchase and development, commercial leasing;
  • carrying out title due diligence searches;
  • preparing contracts such as lease or rental agreements and offering many other types of services.

No matter if you are interested in buying a home or a business office, or even an entire building for your company, our real estate lawyers in Romania will guide you through the complex investment process, by offering legal advice for commercial or residential real estate. We cover both real estate litigation and transactional documents. When needed, a member of our team can act on your behalf by means of a power of attorney.


Our attorneys are highly experienced in the practice of Litigation and Arbitration, dealing with contentious aspects in various domains. Our team, consisting of professional Romanian lawyers, develops creative litigation strategies always managing to find the best solutions for our clients. Litigations are misunderstandings or conflicts that occur between two or more individuals or juridical persons regarding the rights and obligations of juridical relations.

Our lawyers in Romania have vast experience in the litigation area and in the arbitrary field, managing a wide range of litigations in each domain of the practice. Our team of lawyers is entitled to represent clients in front of any court of justice, of any level from Oradea, Romania and abroad.

The litigations range in which we have represented clients is very wide, including amongst others:

  • Commercial law
  • Real estate
  • Insolvency procedure
  • Labor law
  • Intellectual property

Our expert Romanian lawyers are able to represent a client in front of any legal court in Oradea, including the High Court of Justice from Oradea, within our country’s borders and abroad. An Oradea lawyer from our firm may come with a persuasive strategy adapted to local authorities and to specific requirements significantly important for the Romanian legal system.

Our team is also able to provide alternative dispute resolution methods such as arbitration. Together with our team, you will be able to assess if this method is the one that may yield the most suitable solutions in your case. In some situations, it is preferable to take the case to court as it can provide faster results and with lower costs. However, our lawyers in Romania advise that an arbitration clause can be required in these cases. Alternatively, we can provide assistance in including dispute resolution clauses in your agreements so that in the event of any legal disputes, you may have access to a course of action that will suit the current needs.

Avocat Montenegro Cristina Elena

Avocat Montenegro Cristina Elena

Peste 14 ani experiență în domeniile: bancar, comercial și penal. Cabinetul de Avocatură Montenegro Oradea se remarcă prin colaborările de lungă durată, bazate pe încredere şi profesionalism atât cu persoane fizice cât şi cu persoane juridice.

Avocat Montenegro Cristina Elena

Avocat Montenegro Cristina Elena

Peste 14 ani experiență în domeniile: bancar, comercial și penal. Cabinetul de Avocatură Montenegro Oradea se remarcă prin colaborările de lungă durată, bazate pe încredere şi profesionalism atât cu persoane fizice cât şi cu persoane juridice.

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