This provision came into force on 15 February 2013, and the deadline to implement these changes will expire on date February 15, 2015.
The companies to which they apply these provisions are those companies that have in the name the phrase “trading company”, not to all companies that have the legal form SC – trading company. According to art. 30 para. 1 of Law no. 26/1990 “company name, or, if applicable, the name under which a trader operates and/or signes” and contains, for companies with legal personality, the name of one or more partners, and / or own name, to distinguish the nature of the company to other companies, not including legal form under which it operates (joint stock company, limited by shares or limited liability company.)
Art. 79 of Law no. 76/2012, exempts from paying the registration fees for modification of the mention in the articles of incorporation as a result of changing the name of the company.
National Trade Register Office published in 2013, the complete list of companies that are being forced to change their name from the entry into force of the new Code of Civil Procedure on 15 February 2013, ie 215 companies.
Documents required to fulfill the formalities with the Trade registry are:
- original application for registration – standard form;
- Proof of checking the name reservation (original);
- Agreement for use of the name, provided by art. 39 of Law no. 26/1990, republished, as amended and supplemented (copy);
- Resolution modifying the constitutive act (ruling General Meetings of shareholders / sole shareholder decision or addendum to the memorandum, original);
- Certificate of registration and, if applicable, Annex / Annexes (original);
- updated articles of association;
Registering a company that contains the words “national”, “Romanian”, “institute” or derivatives thereof or words or phrases characteristic of central public authorities and institutions is done only with the General Secretariat of the Government Approval, while registering a company that contains words or phrases characteristic of local public authorities and institutions is done only with the prefect’s approval, in the territorial district in which the applicant has established its registered office.