White collar crime Archives - Pavel, Margarit and Associates

Anti-Money Laundering Policy in Romania

The obligation to implement the anti-money laundering policy in a company In contemporary society, the prevention and combating money laundering in Romania have become increasingly important. The legislative framework, specifically the Romanian Law No. 129/2019 on preventing and combating money laundering and terrorist financing, has instituted a series of obligations for companies. The rationale for […]

By : Jun 14, 2024 Comments Off

Articles, Consultancy, White collar crime

Compliance Lawyer in Romania. Corporate Governance

Corporate Governance in Romanian Companies Corporate governance compliance in Romania represents a set of rules, practices, and processes that regulate the management and supervision of a company in Romania. The concept of “corporate governance” aims at balancing the interests of various parties involved in the operation and activities of an organization, such as shareholders, executive […]

By : Feb 21, 2024 Comments Off

Articles, Real Estate and Construction, White collar crime

Disputes regarding neighbourly relations in Romania (delimitation of property boundaries, easement on property/servitude)

According to the civil code, the private property right in Romania includes in its contents the right of possession, use and disposition of an exclusive, absolute and perpetual good, within the limits established by law. In the case of an immovable good, the private property right in Romania, in order to be acquired, must be […]

By : Dec 8, 2023 Comments Off

Articles, Corporate Commercial and M&A, Dispute Resolution, Insolvency, Restructuring and Bankruptcy, White collar crime

Five ways a director (administrator) could be held personally liable in Romania – civil, criminal, debts, removal/dismissal or in case of insolvency

The Romanian legislation provides a series of rules and obligations on the Romanian administrator regarding the conduct of his activity. According to the legislation in force, in Romania, the directors (called administrators in Romania) are personally responsible and liable for the damages caused. On the other hand, the administrator will be personally and jointly and […]

By : Aug 25, 2023 Comments Off

Articles, Insolvency, Restructuring and Bankruptcy, White collar crime

Engaging the patrimonial liability (responsibility) of the management and supervisory bodies (directors/ administrators) of an insolvent/ bankrupt company in Romania

According to the provisions of the Romanian Insolvency Law no. 85/2014, the persons that are responsible for the insolvency/ bankruptcy of the legal person are the members of the management and / or supervisory bodies of the company, directors or administrators, as well as any other persons who have contributed to its state of insolvency […]

By : Apr 22, 2022 Comments Off

Articles, Intellectual Property, News, White collar crime

Could opening an account on a social network using other peoples names lead to criminal charges?

In the context of technological development and the appearance of various social networks that are expanding and monopolizing our lives, the criminal phenomena has also increased accordingly to the development and improvement of various methods that are materialized in computer crimes in Romania. Pavel, Margarit and Associates Romanian Law Firm recommends addressing to a lawyer […]

By : Jun 29, 2021 Comments Off

Articles, Intellectual Property, White collar crime

Amending the law regarding patient rights

The persons expressly designated by the patient are the relatives and friends of the patient, but only if the patient has agreed to this regard. In the old regulations, in the event of discharge, the patient was entitled to request and receive at hospital discharge, a written summary of the investigation, diagnosis, treatment and care […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution, White collar crime

The Law amending the criminal record was modified

The law was amended for the need to facilitate the access of Romanian citizens abroad to effective and efficient public services from the Romanian state in the context of computerization of the consular procedures performed by diplomatic missions and consular offices of Romania abroad. According to the Ordinance, Law no. 290/2004 was amended and supplemented […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law, White collar crime

Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

Art. 6 of Law no. 241/2005 provides that “is an offense and is punishable by imprisonment from one year to six years detention withholding and not submitting, intentionally, within 30 days of the due date, the amounts representing taxes or contributions.” In its arguing, the Constitutional Court ruled that the legal provisions in case are […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law, White collar crime

The Constitutional Court ruled that the employer cannot suspend the contract of the employee, in case of filleing against him a criminal complaint

Regarding this exception of unconstitutionality, the Constitutional Court decided on admission of it and found that the provisions of art. 52 paragraph (1) letter b) first sentence of Law 53/2003 – Labor Code are unconstitutional. According to the existing provisions of the Labor Code, the suspension of the individual labor contract can occur de iure, […]

By : Jun 11, 2017 No Comment

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Category: White collar crime

Compliance Lawyer in Romania. Corporate Governance

Disputes regarding neighbourly relations in Romania (delimitation of property boundaries, easement on property/servitude)

Five ways a director (administrator) could be held personally liable in Romania – civil, criminal, debts, removal/dismissal or in case of insolvency

Engaging the patrimonial liability (responsibility) of the management and supervisory bodies (directors/ administrators) of an insolvent/ bankrupt company in Romania

Amending the law regarding patient rights

The Law amending the criminal record was modified

Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

The Constitutional Court ruled that the employer cannot suspend the contract of the employee, in case of filleing against him a criminal complaint

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