MHC Law Firm is a legal entity located in Bucharest which provides legal assistance to foreign investors in Romania in the areas of commercial law & litigation, real estate law, company setup or debt collection. The largest category of clients our law firm in Romania has is comprised of foreign businessmen interested in company formation in Romania.
Start a business in Romania
Investors who want to open a company in Romania must know that the procedure can be completed in approximately 5 business days (we refer here to the basic incorporation procedure).
The overview of the registration file submitted to the Trade Register can take approximately 3 days, but delays can appear if the Romanian authorities will need additional documents or other information on the new business.
Please mind that the process of company formation in Romania can slightly vary depending on the object of activity that the company will develop here.
All companies must be registered with the Trade Register, but in some cases, before the registration with this institution, the company may need an initial approval from other institutions, while others may need to be authorized after the registration.
If you need other legal services from our team, you should know that our lawyers can represent foreigners who want to buy property in Romania.
There are different regulations based on the nationality of the foreigner (2 main categories – EU and non-EU). For non-EU nationals, rules are more complex, and this is why we strongly recommend you to have legal representation.
|Legal services offered by our law firm in Romania||
Our Romanian law office offers:
– company formation services to local and foreign investors,
– legal representation in front of the Romanian courts,
– assistance in opening a branch office,
– help for obtaining business licenses and permits,
– register with local institutions,
– representation in mergers and acqusitions,
– real estate or company dissolution,
– litigation cases,
– tax advice,
– debt collection and others
Types of clients our team can serve
– Romanian citizens and Romanian based companies,
– foreing clients (corporate and individuals),
– non-profit organizations, etc.
Reasons to choose our team
– extensive experience in legal matters,
– a large network of lawyers that can be contacted in many Romanian cities,
– international affiliation with partners from Europe, Asia, USA.
|Legal services for company formation in Romania||
Our Romanian law office can help clients with the following:
– selecting a trading name,
– prepare the incorporation documents,
– select a legal entity (most common way to start a business is through the societate cu raspundere limitata – limited liability company),
– obtain business permits,
– rent an office space
|Legal services for setting up a representative office||
– advice on the applicable law (Law No. 122/1990),
– open a bank account,
– obtain a license from the Ministry of Industry,
– preparing the documents for registration,
– obtaining a certificate from the General Directorate of Public Finances (Directia Generala a Finantelor Publice).
|Accounting services (yes/no)||Yes|
|Tax advice and assistance (yes/no)||Yes|
|Tax registration services||
– registering the company with the Tax Office (Agentia Nationala de Administrare Fiscala),
– applying for a VAT number,
– submitting tax returns
|Common legal services for foreigners||
Our Romanian law office can help foreigners purchase properties in Romania, register trademarks, patents, etc., help foreign investors start a business or assist foreign clients in notary public proceedings.
|Assistance in setting up a bank account||
– advising clients in selecting a suitable bank account (in LEI, USD or EUR),
– prepare the documents required by the bank,
– prepare/obtain the necessary documents for corporate clients,
– advice on the applicable law (Foreign Exchange Control Regulation 04/2012).
|Basic taxes for companies in Romania||
– the corporate income tax (standard rate 16%),
– micro-company corporate tax (1% or 3%, based on the number of employees),
– VAT (standard rate 19%, reduced rates: 9% and 5%),
– withholding taxes,
– employment taxes
|Basic taxes for individuals in Romania||
Personal income tax (standard rate 10%)
|When can a foreigner apply for a residence permit?||
– family reunification (as the husband/wife of a Romanian citizen, family members of Romanian citizens, first degree relatives),
– other reasons prescribed by the General Inspectorate for Immigration (Inspectoratul General pentru Imigrari).
|Reasons to invest in Romania||
– advantageous geographic location,
– highly trained workforce,
– competitive economy,
– member of the EU,
– low taxes compared to the EU average,
– rich in natural resources,
– various incentives for specific economic activities etc.
|Debt collection services||
– addressing to debtors on behalf of clients,
– amicable settlement,
– judicial collection,
– advising clients on contracts and agreements,
– representation in bankruptcy cases,
– executing judgements,
– representation in court.
We can also assist businessmen interested in entering a partnership with Romanian citizens. Our Romanian law firm has been active on the local market for more than 10 years and offered services to both natural persons or foreign companies interested in the local business environment.
Why hire MHC Law Firm?
Reason 1: Our Romanian lawyers have over a decade of experience serving foreign clients. We have assisted companies and persons from over 50 countries with their businesses in Romania, from the purchase of properties to recuperating debts in some high profile cases.
Reason 2: Our lawyers are based in Bucharest; however, we can also provide legal assistance in other main Romanian cities, such as Cluj, Iasi, Constanta, Brasov, Sibiu, Oradea or Galati. We invite investors to address to our Romanian law firm for legal representation in these cities. We can also assist foreign businessmen for company formation in Romania.
Reason 3: Our Romanian attorneys are recommended by numerous international affiliates, as well as embassies and consulates in Romania as trustworthy consultants. Before contracting us we would be more than happy to show some of these recommendations. Our partners can be found in European and Asian countries, but also in the United States of America.
MHC Law Firm is proud to be part of several international organizations; our law firm is currently a member of the HG.org, a pretigious online legal portal. It was created with the purpose of providing information on the legal services available in various jurisdictions around the world. The lawyers from MHC Law Firm are also members of the Bucharest Bar Association and members of the International Law Office (ILO), an online platform that delivers legal newsletters written by more than 500 legal experts. Our lawyers are also present on the list created by the Foreign and Commonwealth Office (FCO) and including providers of legal services for British citizens.
Over 100 updated articles on our website
We believe that foreign investors should be provided with as much information as possible before making their first business decisions, especially when they are interested in company formation in Romania. Over time we have added more than 100 articles on different subjects of interest in seven languages, from the types of available companies in Romania to the process of recuperating a debt from a Romanian company.
Our partners and clients should also know that they can find a lot of legal information on our specialized legal blog. Besides the articles that are available on our blog, which are created to provide a clear image on various matters that can be of interest for foreign businessmen, we have also prepared other sources of information. Businessmen can follow our YouTube account, where they can find short videos presenting the procedures involved in opening various types of Romanian companies.
The articles prepared by our team of Romanian lawyers present relevant information on the registration of a business – for example, the procedures for obtaining business permits, the taxation of local and foreign corporate bodies, the procedure for reserving a company name etc. Our lawyers have also presented the formalities for purchasing a ready-made company in Romania and the procedures for registering a branch office or a subsidiary here (and the differences between the two structures).
How can our Romanian lawyers assist in opening a company?
As a foreign investor, receiving legal assistance during the process of company formation in Romania can be of high importance. This is advisable when investing as a foreign businessman in any foreign jurisdiction. Our team of Romanian lawyers can provide in-depth information on the documents that must be prepared for the registration of the company, the forms that have to be filed with the local authorities and numerous others. Some of the main steps investors should expect in the process of company formation in Romania are the following:
- selecting a suitable company name and registering it with the Commercial Registry Office;
- deposit the company’s share capital in a local bank account (this procedure can be completed at any commercial bank);
- drafting the company’s articles of association, which represent the statutory documents of a corporate structure in Romania;
- the articles of association of a Romanian company have to be registered with the Commercial Registry;
- register the company for taxation purposes – a local company should be registered for value added tax, for social security and other specific taxes.
What are the types of companies our Romanian lawyers can assist investors for?
Our team of lawyers in Romania are prepared to provide legal assistance for company formation in Romania. Businessmen can request legal representation when registering a branch office or a subsidiary and our Romanian attorneys may assist with the procedures related to mergers and acquisitions. Foreign businessmen can opt to register one of the following:
- the limited liability company – the most common choice of both local and foreign businessmen;
- the general partnership – it is formed by at least two partners, who do not have to deposit any share capital;
- the limited partnership – it is formed by the association of a general partner and a limited partner;
- the joint stock company – it is a business form that is created for large companies;
- the company limited by shares – it is set up by at least two shareholders.
General information on the profession of lawyer in Romania
If you’re searching for the services of a lawyer in Romania, you need to know that this profession is considered by the law that regulates its activity as an independent profession. It represents an autonomous profession, organized in accordance with the applicable legislation and the professional status prescribed for a Romanian lawyer.
According to the law and the Statute that regulate this legal profession, lawyers can function in one of these forms: Individual Romanian Lawyer, Romanian Associated Law Offices, Professional Civil Law Company and the Romanian Professional Limited Liability Law Firm.
In accordance with the position they occupy in one of these forms of association, for the exercise of their profession, attorneys can be: the lawyer holding the individual private law office, associate lawyer in associate Romanian law offices, associate lawyer in a professional civil law company, associate lawyer in a professional limited liability law firm, the Romanian lawyer hired as collaborator or the salaried lawyer in profession.
Why should an investor choose Romania as a business destination?
Romania provides numerous business opportunities, being one of the largest markets for IT related companies in its region. However, even though Romania has several investment sectors that could be of interest for foreign businessmen, the country’s legislation has varied on a constant basis. This is why it is recommended to seek for legal guidance from our team of Romanian lawyers. The Romanian market is characterized by the following:
- in 2017, Romania had a gross domestic product (GDP) growth of 7% (compared to the previous year), having the best results at the level of the European Union (EU);
- in 2017, the total value of foreign direct investments reached EUR 4.6 billion;
- in 2017, the country’s unemployment rate was 5%, dropping from 5.9% in 2016;
- in 2018, the minimum monthly gross wage in Romania was EUR 408;
- 90% of the Romanian students are proficient in English and 97% of them can speak two foreign languages.
Overview of Romanian Courts
The Romanian legislation stipulates the following Courts of Law:
- High Court of Cassation and Justice;
- Courts of Appeal;
- Specialized Tribunals;
- Military Courts;
- Regional Courts;
- Arbitrary Court.
The activity of the Romanian courts is performed by respecting the principles of the aleatory file case distribution and continuity, with the exceptions of the situations in which the judge cannot participate to the trial because of objective reasons. Other principles include:
- Court proceedings are public with certain exceptions;
- Decisions are pronounced in public with certain exceptions;
- The Bailiff maintains records on proceedings (declarations by the parties and the Judge).
Persons interested in receiving legal services from our team of Romanian lawyers can contact our law firm in Romania. Our attorneys can assist both natural persons and legal entities in a wide range of cases. Our lawyers can provide legal representation in front of the local courts and can provide personalized assistance on each particular case.