The Government adopted an exception to provisions of the Law no 26 of 1990 on the trade registry, republished, and of the Law no 31 of 1990 on the commercial companies, republished. Thus, the competent authority for hearing the applications for registration in the trade registry, and of other applications falling under the competence of the delegated judge, shall be the director of the trade registry attached to the county court (in Romanian “tribunal”) and/or its appointed representative(s). Such power delegation shall be in place until the activity of the commercial registrars is duly regulated.
For details, please see the Emergency Ordinance no 85 of 2010 on the amendment of the Art. 1 of the Emergency Ordinance no 116 of 2009 for establishing some measures on the activity of registration in the trade registry, published in the Official Monitor no 654, Part I, of September 22, 2010
Published on: 09/27/2010
Proposal for law on the public electronic services
The Ministry of Communication and Information Society has opened for public debate draft laws, including the Law on the national interoperability system.
This draft law is to regulate the rights and obligations of the operators of informatics systems offering public electronic services with a view to accelerating the transition to the information society and the knowledge based economy.
The draft law may be accessed on the MCSI site at: http://www.mcsi.ro/Legislatie/Cadru-Legislativ/Legislatie-Romaneasca
Published on: 09/22/2010
Copyright law is to be amended
Proposal to amend the Law no 8 of 1996 on copyright and neighbouring rights is open for public consultation on the website of the Ministry of Culture and National Patrimony.
The amendments refer, inter alia, to the elimination of any limitation when it comes to the free negotiations between the users and the right holders, clarification on provisions related to the incrimination of illegal acts committed on a commercial scale, removal of the exception to the payment of copyrights in relation to the mandatory cable retransmission of TV programs (“must carry”).
For details, please consult the draft at:
Published on: 09/21/2010
Proposal to amend the law on commercial companies
The Ministry of Justice has made available for public consultation the draft for the emergency ordinance on the amendment of the Law no 31 of 1990 on the commercial companies, amended to date.
The draft regulates the special protection of creditors of companies under merger or division procedure.
For details, please see the Draft Ordinance published on the website of the Ministry of Justice at: http://www.just.ro/LinkClick.aspx?fileticket=oQpqwqD9dAM%3d&tabid=93
Published on: 09/13/2010
Los Angeles, September 30-October 3, 2010. Video Games
World Cyber Games 2010 Grand Final is hosted this year by Los Angeles, United States.
FIFA 2010, Starcraft: Broodwar, Warcraft III: The Frozen Throne and Guitar Hero 5 are some of the official video games.
Romania is one of the 90 participating countries, being represented by six players, for Counter-strike and FIFA Soccer 2010.
For details, please see:
Published on: 09/13/2010
The law on the insolvency procedure was amended
According to the new legal provisions, the debtor is under obligation to publish data on the company’s status on its own website, if any, under sanction of payment of a fine of up to 30.000 lei.
For details, please see Law no 25 of 2010 for the amending and completing the Law no 85 of 2006 on the insolvency procedure, published in the Official Monitor no 145 of March 5, 2010.
Other amendments refer to the fact that the insolvency shall be (relatively) presumed as obvious in case the debtor does not pay its debt within 90 days from due date. The threshold value allowing a creditor to submit its claim was increased from 10.000 lei to 45.000 lei.
For details, please see Law no 169 of 2010 for the amending and completing the Law no 85 of 2006 on the insolvency procedure, published in the Official Monitor no 505 of July 21, 2010.
Published on: 07/29/2010
Competition law has been amended
Subject of amendment were the provisions regulating the anticompetitive practices, the economic concentrations, as well as the applicable sanctions.
The attributions enjoyed by the Competition Council for the verification of economic entities for their compliance with the competition law were also extended.
For details, please see the Emergency Ordinance no 75 of 2010, published in the Official Monitor no 459, Part I, of July 6, 2010.
The amending Emergency Ordinance no 75 of 2010 may be accessed at (Romanian only):
Published on: 07/12/2010
The fiscal code was amended. Substantially
The standard quota for the value added tax increased from 19% to 24%, while its scope was extended.
The procedure for the submission, withholding and payment of the tax on dividends was also amended. As far as the natural persons are concerned, any activity may be reconsidered as dependant activity, if particular criteria are met, and subsequently the income tax and mandatory social contributions are to be calculated and paid on them, if reconsidered.
For details, please see the Emergency Ordinance no 58 of 2010 for the amendment and the completion of the Law no 571 of 2003 on the Fiscal Code and other financial-fiscal measures, published in the Official Monitor no 431, Part I, of June 28, 2010, in force as of July 1, 2010.
Tax on buildings due by natural persons was also been increased and subject to progressive taxation. The tax on transportation also changed to be calculated depending on the engine capacity.
For details, please see the Emergency Ordinance no 59 of 2010 for the amendment and the completion of the Law no 571 of 2003 on the Fiscal Code and other financial-fiscal measures, published in the Official Monitor no 442, Part I, of June 30, 2010.
Published on: 07/05/2010
European Legislation. Directive Proposal. ISPs’ obligations
Proposal for a Directive on combating the sexual abuse, sexual exploitation and child pornography, is under debate at the European Parliament.
The text is of particular relevance in respect to the obligations imposed on the Internet service providers to block websites with illegal content. Among the outstanding issues are the criminalization of intentional access to child pornography by computerized means, the blocking of websites with child pornography content as a complementary measure to the efforts to eliminate the source content etc.
For details, please see:
Published on: 06/23/2010
Trademark law on trademarks was amended and republished
Law no 84 of 1998 on trademarks and geographical indications was modified as per the Law no 66 of 2010, in force as of May 10, 2010.
The amended Law is transposing the provisions of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 approximating the laws of the Member States relating to trademarks.
Its implementing rules are to be adopted within three months from date of entry into force of the law.
For details, please see Law no 84 of 1998 on trademarks and geographical indications, republished, and published in the Official Monitor no 350, Part I, of May 27, 2010.
The republished version of the law may be accessed at:
Published on: 06/01/2010
The National Center of Supercomputing, under the subordination of the Ministry of Communication and Information Society («MCSI»), was established
For details, please see the Government Decision no 139 of 2010 on the establishment, organization and functioning of the National Center of Supercomputing, published in the Official Monitor no 140, Part I, of March 3, 2010.
Under the subordination of MCSI, there are also the National Center for the Informational Society Management and the National Center “Digital Romania”.
Published on: 04/05/2010