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Tag: pavel margarit & associates

Stock company. The expiration of the Directors mandate

“Pursuant to art. 72 of Law no. 31/1990, the obligations and responsibility of the directors shall be governed by the provisions regarding the mandate and the special ones stipulated in this Law, of art. 1554 – Art. 1555 Civil code showing that the termination of the mandate of the previous directors can not intervene except […]

ICCJ. Exclusion of a shareholder. Company dissolution

“If by a counterclaim is requested the exclusion from the company of the shareholder director for serious disagreements between the shareholders, and the court finds the perpetration of this illegal acts in connection with the idea of ‹‹guilt, the companys sanction that emerges is the one provided for by art. 222 paragraph (1) d) of […]

Project on the approval form ” Project on the approval form from social health insurance contributions of individuals who derive income from rental and leasing”

According to the Central Fiscal Commission Decision no. 2/2015 concerning the interpretation and application of the Tax Code provisions, for the income from rental property, it is not due the social health insurance contribution by the following: –       Individuals, regardless of nationality and domicile or residence, who have health insurance completed in another EU Member […]

EUCJ declares that the Commissions US Safe Harbour Decision is invalid

Whilst the Court of Justice alone has jurisdiction to declare an EU act invalid, where a claim is lodged with the national supervisory authorities they may, even where the Commission has adopted a decision finding that a third country affords an adequate level of protection of personal data, examine whether the transfer of a persons […]

From 1st of January 2016 the tax for certain micro enterprises will drop to 1%

So, the general quota of tax revenue for Micro enterprises will continue to be 3%, but, by exception: for Romanian legal entities new  – incorporated having at least one employee, are incorporated for more than 48 months, their shareholders have not owned shareholdings in other legal entities will benefit from a tax rate of 1% […]

laptop lawyer property law

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 […]

The tax record certificate was amended, starting on 03/09/2015

This Ordinance repealed the previous regulation regarding the fiscal record certificate, respectively Government Ordinance no. 75/2001 on the organization and functioning of the fiscal record certificate, bringing important changes to it. Tax record is a means of recording and tracking the compliance with fiscal discipline, accounting and financial by taxpayers, which keeps track of individuals, […]

The new Fiscal Code passed the Parliament and will be sent to promulgation

The Law Project on the new Fiscal Code was sent for the second time to the Parliament, at the request made by the President of Romania, after the first adoption, by request for review. The request for review was endorsed by the Committee for Budget, Finance and Banks of the Chamber of Deputies, being introduced […]

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