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Category: Romanian Law

Where is Romania now?

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Nicholas Hammond
luni, 11 noiembrie 2013 / Published in Romanian Business, Romanian Law, Romanian Social Issues
When we see a new client, we are often asked, as are all Romanian lawyers and advisers, tell us about Romania. When I started this blog that was the position that I came from. During the last few months we have seen an increase of inquiries coming from abroad from people new to the market.
english lawyer in Romanialaw firm in Romaniaromanian businessRomanian business communityRomanian economyromanian lawRomanian law firmromanian lawyerromanian spaga

Bribery Act and Due Diligence

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Nicholas Hammond
marți, 05 noiembrie 2013 / Published in Romanian Business, Romanian Law
An area of concern in carrying out a due diligence on a company or business now in Romania for a UK, and in some cases US investors, is the question of how deep to go into a company or business to ensure that there has not been a breach of the Bribery Act or the
Bribery Actdue dilligenceEU regulationsRomanian business communityRomanian Financial AuthoritiesRomanian judgesUS investors

Public Procurement – Small Changes – Big Effects

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Nicholas Hammond
marți, 22 octombrie 2013 / Published in News, Romanian Business, Romanian Law
One of the major problems in Romania is keeping up with the changes in law. How do we do this many Clients ask? How do we keep up to date? As an emerging economy the laws are updated often without notice (Government Emergency Ordinances), or an important law is blocked in Parliament, and then suddenly passed
ANRMAPbucharest court of appealsbucharest tribunalbusiness in Romaniagovernment emergency ordinancepublic procurementpublic procurement lawromanian lawyer

Enhanced debt recovery in Romania

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Nicholas Hammond
marți, 15 octombrie 2013 / Published in Romanian Business, Romanian Law, Romanian Taxes
Debt recovery in Romania has caused problems for foreign investors over many years.  I would estimate that questions concerning debt recovery are the third most common request that we receive.  Recoveries of debts in Central Europe including Romania were a byword for Byzantium thinking.  One hears of cases that have been running for at least
administration of justicebankruptcycross border enforcementdebt recoverydebt recovery in RomaniaEU regulationsforeign judgmentsinternational taxationRomanian civil procedure codeRomanian companyromanian import-exportromanian lawyer

They have done it again

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Nicholas Hammond
joi, 10 octombrie 2013 / Published in Romanian Business, Romanian Law, Romanian Taxes
One of the quirks of Romanian legislation incorporated in the Constitution is the use of Emergency Ordinances.  The intention originally was for them to be used when Parliament was not sitting and allowed the Government to pass „emergency” legislation which would then be ratified by Parliament later when they were in sitting. Over the last 20
bankruptcycompany liability in RomaniainsolvencyRomanian companyromanian company costsromanian insolvency codeRomanian SMEromanian state

Treaty Obligations Broken?

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Nicholas Hammond
marți, 01 octombrie 2013 / Published in Romanian Business, Romanian Law, Romanian Taxes
The Romanian Finance Authorities are a law unto themselves. This is no more apparent than in the field of the prevention of Double Taxation.  Treaty obligations do not necessarily apply in all cases and my comments below deal only to payments made to companies based in the EU. We are often asked by clients why
EU taxationinternational taxationRomanian companyromanian company costsromanian financeRomanian tax lawyertax liability

Moving into the Electronic Age

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Nicholas Hammond
marți, 24 septembrie 2013 / Published in Intellectual Property, Romanian Business, Romanian Law
One of the major areas of complaint in Romania is bureaucracy, and the filling in of countless meaningless forms. This can occur in the area of general taxation, but especially in relation to dealing with the Romanian customs authorities. For some time now, as those of you who have to deal with the authorities know,
electronic regulationsintellectual propertyITromanian bureaucracyromanian customs authorityromanian financeromanian import-export

Boring Data Protection

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Nicholas Hammond
marți, 17 septembrie 2013 / Published in Intellectual Property, Romanian Business, Romanian Law
The other week I was in England discussing with a client the question of Data Protection and the difference between Romania and England. Data Protection has been a hot topic in the Western half of the European Union as well as the USA for some time now, and is now having a bigger impact in Eastern
data protectiondata protection in Romaniaintellectual propertyRomanian companyromanian IP lawyertransfer of information

Four Mountains and a Funeral

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Nicholas Hammond
marți, 10 septembrie 2013 / Published in Romanian Business, Romanian Law, Romanian Social Issues
I have been trying to unravel the problems in Romania concerning the Rosia Montana Gold project, which if developed would be one of the largest mining projects in Europe, and will destroy four mountains and leave environmental problems for years to come because of the proposed extraction method with cyanide. The project has developed over
gabriel resourcesromanian gold mineromanian staterosia montanarosia montana protests

Is your investment safe?

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Nicholas Hammond
marți, 03 septembrie 2013 / Published in Romanian Business, Romanian Law, Romanian Taxes
During the property bubble in Romania a number of investors bought properties using a local company.  This was because a local company could own land even if the shareholders were foreign. This was so even if even for the purchase of an apartment which included the implied purchase of an undivided share in the land
company administratorromanian bureaucracyRomanian companyromanian company costsromanian investmentromanian propertyromanian property bubbleromanian stateromanian trade registry
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