Legislative News in March 2012

LEGISLATIVE NEWS IN MARCH 2012

Important legal regulations for the business environment in Romania were published in the Official Gazette, Part I, during the month of March 2012, such as:

I. Government Decision no. 219/2012 of 23/03/2012 for amending the article no. 93 of the Government Decision no. 925/2006 regarding the Methodological Standards of implementation of the Government Emergency Ordinance no. 34/2006 concerning the assignment of the public procurement contracts and of the concession contracts for the public buildings and services

Published in the Official Gazette, Part I no. 197 of 26/03/2012.

The Act came into force on 05 April 2012

As provided by the previous regulation, the public authority who has the intention of concluding an agreement, has the obligation to finalize the acquisition procedure by signing a contract or a framework agreement ( taking into consideration the exceptions provided by the article no. 209 of the Government Emergency Ordinance no. 34/2006, the situations when it is necessary to decide the annulment of the acquisition procedure ).

In addition to these provisions, it is specified the fact that the public authority who has the intention of concluding an agreement has the obligation to sign the contract of public acquisition/ framework agreement within a period of 7 days starting from the date when the terms specified by article no. 205 from the Ordinance have expired ( 6 days; 11 days starting from the transmission of the notification regarding the result of the procedure, taking into consideration the value of the contract ).

The public authority shall not adopt any measure in order to create artificial circumstances that lead to the annulment of the procedure.

II. Government Emergency Ordinance no. 2/2012 of 28/02/2012 for amending and supplementing the Law no. 31/1990 on trading companies

Published in the Official Gazette, Part I no. 143 of 02/03/2012

The Act came into force on 02 March 2012.

The purpose of this ordinance is to transpose into Romanian Law the Directive no. 2009/109/CE issued by the European Parliament and Council, which has amended the Directives 77/91/CEE, 78/855/CEE, 82/891/CEE and 2005/56/CE, regarding the documentation and the formalities needed for the merger and the division of a company.

The provisions of this Ordinance concern the following aspects:

  • It is no longer required the expertise ( drafted by experts chosen by the Trade Register when it is needed as a formality for the merger or division of a company ) of the assets of a company created as a result of a merger/division, if the project of merger/division was annalysed by an expert chosen by the parties ;
  • A simplified procedure is enforced for the merger of amalgamation that takes place between a company and another company which holds 90 % of the shares of the first company.
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    III. Government Decision no. 101 of 28/02/2012 concerning the Methodological Standards regarding the economic and financial inspection

    Published in the Official Gazette, Part I no. 148 of 06.03.2012.

    The Act came into force on 06 March 2012.

    The purpose of the Government Decision is to discover, prevent and sanction all the illicit acts that are related to the obtaining and use of European funds or national allowenses connected to European funds.

    The economic and financial inspection takes place in order to analyze the use of the above mentioned amounts. The decision that is pronounced after the economic and financial inspection takes place is executory concerning the amounts that are due to the state budget. This decision can be attacked under the condisions specified by the Law no. 554/2004 on the administrative contentious.