The merger of the companies presupposes the existence of at least two distinct companies registered with the Romanian Trade Register that wish to join in one company. The merger of the trading companies can be done either by absorption, if one of the existing companies takes over the other (“absorbs it”), or by setting up a new company, a third company, incorporating the two. In both cases, there will be only one company at the end of the procedure.
Merging is an extremely complicated procedure, whether we are talking about getting the necessary documents, registering them, or we are talking about the legal aspects regarding protecting the rights and respecting the obligations of the companies involved in the process. In this operation, it is necessary to collaborate with a lawyer specialized in corporate law, advise the specialized lawyers from Pavel, Mărgărit & Associates Romanian Law Firm.
The merger involves the elaboration of a merger Project that takes into account all legal, accounting and financial aspects of the merger process. The project must be agreed by all the companies involved, through their legal representative.
MERGER BY ABSORPTION
The merger by absorption is done in two steps. The first stage involves the publication of the merger Project. The second stage involves the approval of the merger and Founding Act by a judge.
The first phase of the merger by acquisition involves submitting the merger application for each company at Romanian Trade Registry (ORCT) where they are registered. The merger’s Project is published through a single ORCT, at the request of the applicant.
In the second stage, all documents involved shall be submitted in two identical copies, either in original or in a certified copy, at the Romanian Trade Register Office, which shall forward them to the competent court.
MERGER OF TWO OR MORE COMPANIES IN A NEW SOCIETY
This type of merger is also carried out in two stages, the first stage of which is the merger project, and the second one is the approval of the merger and the amendment of the constitutive act by a judge. A collaboration with a lawyer specialized on Corporate law will ensure that the merger procedure is completed in the shortest time and without any unpleasant events in the future, according to Pavel, Mărgărit & Associates Romanian Law Firm.
Pavel, Mărgărit & Associates Romanian Law Firm is one of the top law firms in Romania, which offers legal services at the highest quality, beyond client’s expectations. The Law Firm approaches the cases with maximum professionalism and dedication. It’s ultimate goal is obtaining exceptional results and achieving the client’s objectives, in a time efficient manner. Among Pavel, Mărgărit & Associates clients are top multinationals and local companies. In 2017, the success stories of the Romanian Law Firm have brought recognition of the most prestigious international guides and publications. Thus, Pavel, Mărgărit & Associates Romanian Law Firm ranked second place in Romania in the rankings of business law firms with the most relevant expertise this year, realised by the Legal 500 publication, the most prestigious guide for law firms in the world, based in London, UK. The law firm is also recognized internationally by IFLR 1000 Financial and Corporate Guide 2018. Pavel, Mărgărit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Mărgărit & Associates Romanian Law Firm including areas of practice and the most important deals can be found on the website www.avocatpavel.com, which is one of the most complex law firm websites in Romania.