DARIE, MANEA & ASSOCIATES LAWYERS IN BUCHAREST, ROMANIA

How can we help you?

By Cristian Darie, founder and managing partner at “Darie, Manea & Associates”

Darie, Manea & Associates is a law firm in Romania located in Bucharest that offers assistance and juridical representation to foreign investors in Romania. Our areas of specialization include Corporate & Commercial Law, Litigation, Debt Collection, Real Estate or Immigration Law.

Our primary goal is to offer hassle-free legal solutions and consultance for our investors who are interested in doing business in Romania. We understand the need for quick and reliable solutions, especially when starting a new business or when dealing with a divorce, since these occurences can cause various concerns. We do not want to add more stress to your entrepreneurial or private life, so we gathered a group of lawyers in Romania, ready to answer your main questions and to help you solve particular situations, perhaps even faster than expected, with competitive costs for our services.

Our slogan is always respected: TRUST & EXPERIENCE

Darie, Manea and Associates is a Romanian law firm that offers reliable legal services that meet the needs of our clients who are interested in opening new companies, or secondary offices on Romanian territory.

Our lawyers work according to a high professional standard that is guaranteed by a continued preoccupation for acknowledging and understanding the applicable legal changes. Our team offers great attention to details that intervene in international and European plan, and provides an efficient analysis of each sphere; we have an efficient approach of collaboration between our departments with different specializations.

About our team of lawyers in Romania

Darie, Manea & Associates is a law firm, incorporated as a type of company called “Societate Profesionala cu Raspundere Limitata” or the Romanian equivalent of the limited liability company. Our law office has two managing partners and six associates. The managing partners of this law firm are Romanian barristers. Our team of lawyers is a member of Bucharest Bar Association, US Embassy, UK Embassy, Canada Embassy in Bucharest, just to mention a few of them. We are also part of HG.org and we have a network of international partner law firms in more than 45 countries.

Our Services
Litigation	Court representation for natural and legal persons Complete management of all the litigation phases: investigation, pleading, discovery, appeal
Compay formation	Assistance in choosing a suitable business form in Romania Drafting and preparing the company’s documents National Trade Register registration Applications for special permits and licenses Subsequent company changes (ownership, name, registered address)
Debt collection	In and out-of-court debt collection Emphasis on amicable debt collection
Real estate	Assistance throughout the real estate purchase: preparing and reviewing documents Legal counsel as needed in terms of local real estate law Court representation in real estate disputes
Immigration	Assistance for applying for short-term and long-term residence permits Assistance for obtaining Romanian citizenship
Banking and financial	Assistance for opening bank accounts Bankruptcy proceedings Financial provider regulatory issues
Services for foreign investors	Corporate and commercial law legal counsel prior to entering into agreements Legal advice and counsel for mergers and acquisitions Tax law counsel and tax efficiency maximization
Legal representation for local and foreign entrepreneurs	Yes, upon request. Court representation as well as direct representation through a power of attorney, when needed
Assistance for foreign companies entering the market	Complete assistance for foreign companies interested in opening a branch or a subsidiary in a Romanian city
Services for natural persons	Divorce, prenuptial agreements, wills and estate planning, custody and adoption and other Family Law matters in Romania
Additional services	Virtual office services

Romanian lawyers specialized in opening companies

Our team has extensive experience in matters related to company formation in Romania. We start by advising our clients on the suitable business form they may choose when deciding to invest in Romania. After this choice is made in a fully informed manner, we will assist the company founders throughout the incorporation procedure.

Our company formation package includes the following services:

Reserve the company name: the name of the new company needs to be unique and must be reserved before incorporation; we recommend that investors propose three different names.
Document drafting: our lawyers can assist investors in drafting the company’s Articles of Association as well as the director’s and the shareholder’s statements.
Share capital: we can help business owners open the bank account and deposit the required shared capital, as per the chosen business type.
Form filling in: we will help the company founders fill in the application form, as required by the Trade Register.
Complete the registration: once the registration form is completed and the documents are prepared, we can submit the documents to the Trade Register, as a legal representative of the company founders.
Subsequent steps: we are also able to assist for VAT registration purposes as well as for obtaining the mandatory special permits and licenses.

We remind investors that several issues need to be taken into consideration for company formation purposes in Romania. These are choosing the NACE codes (or CAEN in Romanian) and establishing the registered address of the company – a mandatory step that needs to be handled in the pre-registration phase in order to be able to complete the Trade Register formalities.

The NACE codes are the ones that refer to the company’s primary activity. Each new business is required to assign a code for the primary activity and as many other codes for the secondary ones. It is recommended to draw up the business plan and assign as many additional codes as it can be foreseen for the future evolution of the company. It is advisable to do so because any other code addition or changes after registration will involve other submissions and document preparation for the Trade Register. If companies do however need to make subsequent changes, one of our Romania lawyers can provide the needed assistance.

Choosing a registered address for the company is required as this information is mandatory when preparing the registration documents and when registering the business. The address is included in the company’s Articles of Association, however, it does not need to be the same as the company’s headquarters. This can be another address, as decided by the founders or as per the needs of the business. Like the NACE codes, the registered address can be modified after registration, however it will also imply a notification and a formal request for change that is to be lodged with the Trade Register.

These are only general services related to company formation in Romania. Our team can provide you with more details, but also with a personalized company formation package. Our attorneys can help you open any type of company, from micro companies to general partnerships.

As an experienced Romanian law firm, we are constantly advocating for our customers’ interests taking into account all European stipulations, international treaties or foreign judicial background that might interfere. Our lawyers at Darie, Manea & Associates provide a comprehensive strategy, for choosing the best option when deciding to extend your business in our country.

Our team will also emphasize the importance of acquiring the necessary portfolio of business permits and licenses. The aspects concerning corporate and commercial law are thoroughly approached by all our trained attorneys, as we are fully aware of the importance of keeping solid accuracy when handling business instruments.

FAQ on how to open a company in Romania and buy a property

1. What are the types of companies that can be incorporated in Romania?

There are five main types of companies that can be incorporated both by local and foreign investors in Romania. These are:

the limited liability company or SRL;
the joint-stock company or SA;
the company limited by shares or SCA;
the limited partnership;
the general partnership.

In addition to these, entrepreneurs can also register as sole traders in Romania and foreign companies can also set up a branches in the country.

2. What is the most suitable business form for a foreign investor in Romania?

Foreign investors generally prefer to open a limited liability company or a joint-stock company. Full foreign ownership is permitted for all business forms, however, the SRL is particularly advantageous because the set up is simple and the minimum share capital is very low.

3. What are the main steps for company formation in Romania?

The following steps are relevant for opening an SRL in Romania:

Chose the business activity: this is done according to the NACE codes; a company can have one primary business activity and several secondary ones;
Choose the name: the name of the new company needs to be a unique one and a prior name check is available with the National Trade Register Office;
Choose the registered office: this needs to be located in Romania and the address will be included in the company documents and will be available to the public;
Draw up the documents: these are the company’s constitutive documents, the Articles of Association;
Deposit the capital: this is done after opening a bank account where the minimum amount for incorporating the SRL is submitted;
Register: once the aforementioned steps are complete, the company founders can gather the documents and submit the company for registration with the National Trade Register Office.

We invite you to watch a video about our legal services:

4. How long does it take to start a business in Romania?

A private limited liability company can be incorporated in approximately 3 working days, if the name is not rejected and if all of the needed documents are gathered in advance.

5. Can a foreigner buy property in Romania?

Foreign nationals have the same right to acquire property and land as Romanian citizens. The Romanian property will have to be a secondary place of residence for the foreigner.

6. What are the main steps for buying property in Romania?

Once the property search is complete, foreign nationals can start to draw up the sale/purchase agreement or the donation agreement together with the owner of the property. It is important to note that before the transaction can go through, the foreign national needs to have a fiscal identification number, which is obtained from the National Agency for Fiscal Administration. This step is not mandatory for Romanian corporate property purchases.

7. Can a lawyer in Romania assist during the property purchase?

Our lawyers in Romania can help you draw up the sale/purchase agreement as well as prepare and obtain the other required documents (such as the land register documents). In addition to this, a lawyer can act as a legal representative through a power of attorney and will be able to handle any needed steps if the buyer is not able to be present in Romania during the entire procedure.

Real Estate Lawyers in Romania

Our Bucharest lawyers are specialized in real estate cases, solving complex issues regarding residential, offices, mixed-used real estate projects or shopping centers in Romania. Through our past experience we have represented many clients in their processes of selling or buying properties, or even an entire property portfolio:

participation of mortgages;
purchases, restructuration and workouts;
financing properties and projects;
retail leasing;
joint venture development.

More specifically, the team of lawyers from Darie, Manea and Associates, can help you obtain the maximum out of your investments with good and researched decisions, as real estate investments are a type of investment that requires plenty of documentation and dedicated time. When you decide to start your journey on the real estate road, an experienced Bucharest real estate attorney is a really valuable asset as you might miscalculate some fees or additional costs, so he can help you avoid any unnecessary costs.

Real estate legal assistance can be useful for both commercial and individual purposes (such as for foreign investors who are interested in acquiring property in Romania in their own name). Our law firm has a team of attorneys in Romania with relevant experience in the real estate field who can help with specific issues such as:

– drafting the purchase, sale and banking documents;
– providing legal support for land purchase and development, commercial leasing;
– carrying out title due diligence searches;
– preparing contracts such as lease or rental agreements and offering many other types of services.

No matter if you are interested in buying a home or a business office, or even an entire building for your company, our real estate lawyers in Romania will guide you through the complex investment process, by offering legal advice for commercial or residential real estate. We cover both real estate litigation and transactional documents. When needed, a member of our team can act on your behalf by means of a power of attorney.

Litigation Lawyers in Romania

Our attorneys are highly experienced in the practice of Litigation and Arbitration, dealing with contentious aspects in various domains. Our team, consisting of professional Romanian lawyers, develops creative litigation strategies always managing to find the best solutions for our clients. Litigations are misunderstandings or conflicts that occur between two or more individuals or juridical persons regarding the rights and obligations of juridical relations.

Our lawyers in Romania have a vast experience in the litigation area and in the arbitrary field, managing a wide range of litigations in each domain of the practice. Our team of lawyers is entitled to represent clients in front of any court of justice, of any level from Bucharest, Romania and abroad.

The litigations range in which we have represented clients is very wide, including amongst others:

Commercial law
Real estate
Insolvency procedure
Labor law
Intellectual property

Our expert Romanian lawyers are able to represent a client in front of any legal court in Bucharest, including the High Court of Justice from Bucharest, within our country’s borders and abroad. A Bucharest lawyer from our firm may come with a persuasive strategy adapted to local authorities and to specific requirements significantly important for the Romanian legal system.

Our team is also able to provide alternative dispute resolution methods such as arbitration. Together with our team, you will be able to assess if this method is the one that may yield the most suitable solutions in your case. In some situations, it is preferable to take the case to court as it can provide faster results and with lower costs. However, our lawyers in Romania advise that an arbitration clause can be required in these cases. Alternatively, we can provide assistance on including dispute resolution clauses in your agreements so that in the event of any legal disputes you may have access to a course of action that will suit the current needs.

Debt Recovery Lawyers

Because of the economical Romanian climate, now, the debt recovery activity represents an important chapter of our daily activity.

We have lawyers that are specialized in recovering debts from individuals or companies, Romanian or foreigners.Through the experience we have gathered, we were able to develop efficient debt recovery mechanisms.

We provide specialized juridical assistance such as:

notifications writing,
payment summoning procedure,
enforcement procedure etc.

There are several ways to recover debts on a juridical manner:

common law application,
the procedure regarding low value applications.

Each one of them has advantages and disadvantages and must be carefully selected in order to win. Our law firm will help you choose the best one for you, due to the fact that each case is unique and needs a personalized solution.

Our Romanian law firm offers tailored solutions for each debt collection case, starting with an evaluation of the specific relationship between the two parties. Based on issues such as the value of the overdue invoices, we will establish a collection strategy that will yield favorable results in the shortest amount of time possible. In most cases, we start with an amicable procedure that includes sending one or more notifications, attempting to establish a direct telephone contract and entering the negotiation phase. If the debtor collaborates, we can establish a payment schedule that will meet the needs of both parties. The goal is to find a pre-legal solution that will allow for the collection of the entire due amount.

If you are willing to request more details concerning specific cases in this area, you may contact one of our lawyers. We are definitely engaged in providing legal services at the fastest pace.

Immigration law firm in Romania

We are glad to know that our country is of interest for you. We can assure you that our law firm has notable experience in immigration law, including:

the work permit application;
invitations;
short and long visas;
temporary or permanent residency permits.

The services offered by our immigration lawyers include:

Consultancy to obtain short and long visas;
Obtaining work permits for foreign citizens;
Short business invitations for a maximum period of 21 days;
Representation in front of immigration authorities in Bucharest to obtain and to extend any type of visas;
Extension of any type of residence permit;
Establishing of permanent domicile in Romania.

Company owners who are interested in hiring foreign employees can reach out to our lawyers for complete information about hiring permanent foreign nationals or cross-border workers as well as the documents that may be required when hiring these individuals. We remind employers that they will also need to observe the current laws in place for the minimum wage and other employment regulations.

Our team also includes attorneys who specialize particularly in divorce in Romania. If you are a foreign national married to a Romanian citizen, or if you are two foreign nationals who have acquired permanent residency or citizenship in Romania, our team can answer your questions about the grounds for divorce and the process to terminate the marriage in or out of court.

We can also help interested individuals with family reunification matters. Please contact our law firm in Romania if you have questions about the Immigration Law and any specific requirements that may be in place for foreign workers in Romania, especially those who come from non-EU countries.

Obtaining Citizenship in Romania

We have an experienced team of immigration lawyers who can help you obtain or regain citizenship in Romania.
Regaining Romanian citizenship can be a subject of interest for those Romanian citizens who had lost their citizenship for reasons beyond their control; the same situation is applicable as well to their descendants up to grade three, who can regain it or opt for the situation in which they will be granted the Romanian citizenship, while maintaining, at the same time, a foreign citizenship and a home address in Romania or abroad. This can happen if the applicant fulfills the following conditions:

a) The applicant proves through his/her behavior, actions and attitude loyalty towards the Romanian state, the applicant does not do or support actions against state order or national security and declares that he/she has not done so in the past either. The applicant has 60 days for providing the Commission of Citizenship with evidence proving that there were no actions taken against national Romanian law and security, that there is no conviction instance involved from the applicant’s part (in Romania or abroad), conviction that can be understood as a detriment to the application itself.

b) The applicant is no younger than 18 years.

c) The applicant can prove that in Romania he/she has legal opportunities for a decent living under the legal conditions regarding foreigners’ legislation.

There is a 3-day term for the President of the National Authority for Citizenship to deliver the final decision regarding regaining or granting the citizenship. This order shall be transmitted to the applicant in an official manner within three days.

The types of legal services presented herein are only part of the ones offered by our team of lawyers in Romania. As highlighted in this article, the majority of our services are related to corporate and business matters as well as litigation. However, part of our work is related to immigration or citizenship, as required. These services can be tailored to the needs of foreign investors willing to start a business in Romania and who also require a work permit or are interested in general citizenship or immigration matters.

We look forward to hearing from you as we are always here to help you. Our prospects become not only clients, but business partners who we really like to work with.

Contact us anytime for a free and friendly consultation.