This process follows, commonly
considered, standard procedures and business approaches involving such an
operation shall be appropriately taken into account, from the legal point of view. Under
certain circumstances, there are some particular features that may occur or
could be understood as adjacent options that must be seen as mandatory details
which are to be performed as key bureaucratic actions. As most enterprises in
our country, the building companies in Romania may be of two different types:
either limited liability companies (SRL) or joint stock (SA) ones. According to
specific conditions you may decide together with a lawyer on what type of
company suits your investment better. Regular procedures also include
establishing the name of the company, number of partners, the registered office
address or the main and secondary object of activity. In order to start a
construction company in Romania a highly important part is represented by the
decision indicating the main and the secondary object of activity. Given the
fact that it concerns such a large variety of activities, the building domain is
legally approached from a wide range of professional perspectives all naturally
related to constructions. The NACE codes (cod CAEN in Romanian) provides different
options regulating the technicalities in this area.
Building Companies in Romania – legal technicalities
The F section in the NACE codes
lists all possibilities connected to object of activities in the construction
field. There are general and more specific alternatives corresponding to civil
engineering, construction of buildings or specialized construction activities. The
object of activity may regard development of building projects, construction of
residential and non-residential buildings, construction of roads, railways,
utility projects, other civil engineering projects, demolition and site
preparation, building completion, finishing and other more explicit activities
common for the building field. Another particular chapter concerning this topic
deals with obtaining the necessary permits and licenses. Fiscal matters are
also to be regulated in connection with main features describing the type of
company and also the legal stipulations of the Romanian law. We are strongly
encouraging our clients to previously seek professional advice. An authorized
legal opinion is able to point out important steps in the creation process of
building companies in Romania. Establishing the statuary documentation such as
by-laws or article of association plays a highly important part for an optimal
functionality of the company itself. It is necessary to understand the real
significance of the intervention of a legal authority. The presence of a lawyer
familiar with technicalities related to company formation procedures certainly
guarantees a lucrative approach which entirely secures the overall investment. The
construction field introduces as well some future legal tasks which deal mostly
with due diligence audits which must be conducted in order to evaluate various
projects. Apart from the due diligence processes a coherent development of a
building company in Romania comes with circumstantial judicial matters relating
to the specific object of activity and also to the projects chosen by the company,
explaining in this manner the need of an authorized legal opinion. The lawyers
at Darie, Manea & Associates may provide the help in order to start a
construction company in Romania offering all details and additional information
required by the client.
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