Emergency Ordinance No. 44 since 2008 regulates the access to economic activity, the procedure of registration at the Trade Register, authorization of functioning and the legal regime of Sole-Proprietorship (I.I.) and Family- Proprietorship (.I.F.) authorized to conduct their economic activities.
Liberal professions and economic activities whose progress is organized and regulated by special laws, cannot be recorded and performed by Sole-Proprietorship and Family- Proprietorship. This also applies to those economic activities for which the law established a special legal regime, certain restrictions of competition or other prohibitions.
Taking as foundation the right to free enterprise, the right to freedom of Association and the right of establishment, any individual, a Romanian citizen or a citizen of another Member State of the European Union or EEA, may develop economic activities on the territory of Romania, under the conditions provided by the law in force.
Individuals to which we referred before can develop economic activities as entrepreneurs who hold a Sole-Proprietorship (I.I.), or as members of a Family- Proprietorship (I.F.). They must have the headquarter on the territory of our country, under the conditions stipulated by law.
Any economic activity undertaken occasionally or temporarily resident in Romania by Sole-Proprietorship or Family- Proprietorship must be registered and licensed under the Emergency Ordinance of Government No. 44/2008. The authorization of operation, under the conditions mentioned by the Ordinance, does not exempt Sole-Proprietorship or Family- Proprietorship of obligation to obtain, before starting the activity, permits, notices, licenses and so others, provided for special laws for the development of certain economic activities.
Those individuals who wish to conduct their economic activities as entrepreneurs who hold an Sole-Proprietorship (Pe) or as members of a Family-Proprietorship (I.F.) have the obligation to request registration at the Trade Register and the authorization of functioning, before starting the economic activity.
Individuals who wish to conduct their economic activities in the form of P.e. or I.F. must meet the following cumulative conditions:
1. are over the age of 18, in the case of individuals who request authorization for carrying out economic activities as entrepreneurs who hold an individual enterprise as well as in the case of the representative of the family-proprietorship, age 16, in the case of members of the family-proprietorship;
2. did not commit acts prosecuted by financial laws, customs and those related to financial and fiscal discipline, the nature of those who enroll in the fiscal record;
3. have a working office according to the law;
4. declare on their own responsibility that fulfill the conditions of operation provided by sanitary, veterinary, environment protection and labor protection legislation.
The required documents for the setting up of a Family-Proprietorship are the following:
- Copy of Identity Card (minimum two persons, among which there is up to 4 degree of kinship);
- Copy of Birth Certificate, (in case there was a change of name) Copy of Marriage Certificate;
- Copy of Diploma of studies/other proof of the qualification for the desired activity (in case you do not own an act of studies that have linked with the main object of activity when proof is required for a period of at least 2 years in field- Copy of work book); This condition must be met by all persons;
- Certified Copy of proof of the space where it will be registered;
- Extract of land in the original book within the term of validity of the accreditation;
- Original Tax Certificate in terms of validity;
- The agreement of Association of owners/tenants (if necessary);
- Contract of bailment, (will be done by us);
- Power of Attorney appointing Special Representative;
- Specimen signature for the society’s representative;
- Notary Attorney of empowerment (if necessary);
- Maintenance agreement (will be done by us).