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Category: Romanian Business

Enforced Contract Terms – Law 72/2013

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Nicholas Hammond
luni, 29 septembrie 2014 / Published in Romanian Business, Romanian Law
Last week we were approached by an international contractor who asked us to consider the question of interest in his contract. Like all Romanian Lawyers we have in the past considered Law no 72/2013 which was introduced in April 2013.  Law 72/2013 is intended to combat late payments in commercial transactions. This Law implemented the
72/2013late paymentLaw 72/2013

Shareholders – Conflict of Laws

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Nicholas Hammond
miercuri, 17 septembrie 2014 / Published in Romanian Business, Romanian Law
As a Romanian law firm based in Romania we often are instructed on issues in which conflicts of law play a prominent part. Recently we were instructed on such a case concerning foreign shareholders. The case revolved around a shareholders dispute. The parties before they formed a Romanian company had entered into a shareholders agreement.

Who Gets What on Death of Businessman

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Nicholas Hammond
luni, 25 august 2014 / Published in News, Romanian Business, Romanian Social Issues
The death of a successful business man always creates immediate problems for the family. Not only on a personal level but also at a practical level. I was reminded of this last week when we saw the death of one of Romania’s most well-known business men Dinu Patriciu. Like all successful business men he had interests

Things I Have Learned In 24 Years In Romania

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Nicholas Hammond
luni, 18 august 2014 / Published in Romanian Business, Romanian Law
What do clients want from their lawyers? This is a question that has been asked many times in Romania. It is a question which I have asked myself many times in the 24 years I have been practicing here. In 1990 coming to Romania was a complete change from when I practiced in High Holborn,

Minority protection in a Limited Liability Company

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Nicholas Hammond
luni, 11 august 2014 / Published in Romanian Business, Romanian Law
Minority protection is one of the worries for foreign investors. No matter how well they are briefed about a foreign country and its laws, this is always an area of concern when working in a foreign legal environment. Attitudes are different; rules are different, even peoples reaction to minority protection is different. Romania has its

The Romanian Way of Negotiating

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Nicholas Hammond
miercuri, 06 august 2014 / Published in News, Romanian Business, Romanian Law
One of the questions we are often asked about is how to do business in Romania. Not necessarily on a legal or fiscal point but at a more practical level. Romania and the Romanian legal system is different from the Common Law, and it is based on the European Code law System. Even though based

Internecine Warfare

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Nicholas Hammond
luni, 28 iulie 2014 / Published in Romanian Business, Romanian Law
The political world seems to be full of civil wars and fighting at the moment. The commercial world is not far behind and in Romania that is also the case, whether we like it or not.  Romania is not very different. Inside companies often shareholders fall out and civil war is there. Then Romanian lawyers

Tax Designated Inactive Companies and Entities

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Nicholas Hammond
marți, 22 iulie 2014 / Published in Romanian Business, Romanian Law, Romanian Taxes
Last week I was traveling so I was unable to complete my blog. I apologize to those who missed it. Holidays and conferences get in the way, but at least it should allow some time for reflection. Indeed one of the pleasures of summer is that politicians go on holiday and there should be a

The New law regarding Bankruptcy in Romania

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Nicholas Hammond
luni, 07 iulie 2014 / Published in Romanian Business, Romanian Law
After several attempts including an appeal to the Constitutional Court of Romania the legislators have now adopted a new law regarding insolvency and bankruptcy.  The new law is Law no. 85/2014 and was issued in June 2014 coming into force on 28th June 2014. As this had brought about a fundamental review of the Romanian

The Twilight Zone

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Nicholas Hammond
luni, 16 iunie 2014 / Published in Romanian Business, Romanian Law, Romanian Taxes
Romania has not been immune from the beginning of the World Financial Crisis from the fall-out of the world financial problems. Many companies have failed and have entered into a form of reconstruction or have gone straight to closure and liquidation. There are though a number of companies in the twilight world of suspension. Under Law 31/1990
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