The headquarters of a company represents an important identification factor as it serves as the official address of the company and is used for official correspondence, administrative, tax, and legal communications. Therefore, the correct updating of the headquarters in legal documents is essential to ensure the proper reception of correspondence and official notifications. For changing headquarters of a company in Romania several formalities must be fulfilled, including the adoption of a resolution or decision regarding the change of the headquarters in Romania, amending the articles of incorporation in accordance with the new provisions regarding the headquarters of company, as well as updating the existing data at Trade Register by submitting a file with the necessary documents. For this step, The Romanian Law Firm Pavel Mărgărit and Associates recommends confidently seeking the services of a lawyer specialized in commercial law and corporate law in Romania, who can facilitate the procedure for changing headquarters of a company in Romania and ensure compliance with all specific legal requirements regarding the registration of mentions at Trade Register.
Changing headquarters of a company in Romania can be done either within the same county or from one county to another and requires the completion of specific documentation and adhering to certain procedures at the Trade Register. Regarding the documentation, first and foremost, consideration should be given to the conclusion of a contract attesting the right to use the space where the company is to establish its headquarters, namely the contract of sale, lease agreement, loan agreement or any other document confirming the right to establish the headquarters of a company in Romania in that space should be presented, as appropriate.
In this regard, according to the provisions of Law 51/1995 regarding the organization and exercise of the lawyer’s profession, the temporary establishment of the headquarters of companies at the professional office of the lawyer is permitted. This implies using the lawyer’s professional office for the limited purpose of legal incorporation and authorization of the company’s operation for a period that should not exceeding one year. The Romanian Law Firm Pavel Mărgărit and Associates can provide assistance in this matter for companies seeking a temporary solution for their headquarter by concluding a legal assistance agreement aimed at changing headquarters of a company in Romania to the lawyer’s professional office. Establishing the headquarters at the lawyer’s professional office offers advantages such as receiving correspondence and proper notification, exemption from the obligation to submit additional declarations related to property taxes, and is a useful solution if you do not own personal property.
Furthermore, for the acceptance of the file at the Trade Register, it is essential to submit a resolution or decision regarding the change of headquarters of a company in Romania. The document’s required title for completing the file varies depending on the legal form and structure of the company. For limited liability companies, either the resolution of the general meeting of associates or the decision of the sole associate will be submitted, while for joint-stock companies, the resolution of the general meeting of shareholders, the decision of the board of directors, or the decision of the directorate, depending on the situation. A lawyer specialized in commercial law and corporate law in Romania can offer legal assistance in drafting documents and ensuring compliance with all legal requirements for the acceptance of the file regarding the change of the headquarters of a company in Romania.
The Romanian Law Firm Pavel Mărgărit and Associates offers specialized services for registering mentions at the Trade Register with the help of a team of lawyers specialized in commercial law and corporate law in Romania who can assist you throughout the entire process. To benefit from our support regarding the change of the company’s headquarters in Romania, you can contact us by accessing the contact form available at https://www.avocatpavel.com/contact-us/.
It is important to note that failure to extend or change the registered office may lead the company into fiscal inactivity. This statement of inactivity, issued by ANAF (National Agency for Fiscal Administration), involves registering facts in the fiscal record of associates, shareholders, and authorized persons. The consequence of these records is the inability of these individuals to establish another company or be appointed to management positions in other commercial companies until these records are removed from the fiscal record. Therefore, seeking the services of a lawyer specialized in commercial law and corporate law in Romania is essential for changing headquarters of a company in Romania in a timely manner and in accordance with the current regulations, to avoid unfavorable consequences resulting from non-compliance with legal procedures.
In conclusion, updating and changing the headquarters of a company in Romania involves essential formalities, such as validly concluding a contract to prove the establishment of the headquarter, approval of the decision to change the headquarter by the company’s governing bodies, amending the articles of incorporation, and registering specific statements with the Trade Register. To facilitate this process and ensure compliance with legal requirements, consulting a lawyer specialized in commercial law and corporate law in Romania is absolutely necessary not only to ensure availability for the new headquarter but also to avoid unfavorable consequences that may arise from non-compliance with legal procedures for companies in a timely manner.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.