The company law is amended. The transfer of shares and the transfer of share capital is being simplified

On October 6, the Chamber of Deputies adopted a bill on the modification of the Law on companies No 31/1990.

A new project on tax measures was published on Min. Finance on October 16.

In the Official Gazette no. 720 of 10.08.2020, the Government Gazette 132/2020 on new support measures for employees and employers was published, which we summarize below

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Romania’s business environment is concerned about 25 October 2020, when the deadline for companies to pay the deferred taxes in the state of emergency/alarm expires.

Today we will talk about our colleague Sorin Herman, who this year joined our team in Human Resources.

Equity is the residual interest of shareholders or associates in the assets of a company, after deducting all its debts or, more simply, the difference between assets and debts of a company.

According to Emergency Ordinance 147/2020 published in the Official Journal on Fridays, in the event of limitation or suspension of teaching in schools, kindergartens and nurseries, due to the coronavirus pandemic COVID-19, employees with children may apply for paid days off under certain conditions.

At its meeting of 14 August 2020, the Government adopted a new Emergency Ordinance to amend the deadline for the submission of the declaration for the beneficial owner for the legal persons that are not profit based.

According to Law No 172/2020 new regulations have emerged.

The Emergency Ordinance No 143 of 24 August 2020 was published, for the amendment of OUG No 110/2017 on the IMM INVEST ROMANIA programme.

In the Official Gazette n. 741/14.08.2020 was published the Law n. 175 of 14 August 2020 for the amendment and completion of the Law n. 17/2014.

According to the communications issued by the National Health Insurance Entity, new regulations on granting medical leave certificates for quarantine and isolation have been introduced.

Besides reimbursable financing provided under the IMM Invest Romania program, companies can now also benefit from non-reimbursable financing.

The amendments to Law 448/2006 on the protection and promotion of the rights of persons with disabilities enter into force on 25.07.2020.

We remind you that the rights of persons with disabilities (a disabled person also means a grade III disabled person) employed or seeking employment are as follows:

From 25 July 2020, with the entry into force of the ordinance of the Minister of Labour and Social Protection No 1.140/2020, the electronic register becomes mandatory for daily workers, therefore, companies and PFA working with daily workers must keep their records in the electronic register of their daily workers.

Following the publication of Law 151 of 23 July 2020 in the Official Gazette No. 658 of 24 July 2020, additions and amendments to the Labour Code were made in terms of discrimination against employees.

Thus any discrimination, direct or indirect, against an employee, by association, harassment or victimization, on the basis of race, nationality, ethnicity, color, language, religion or social origin, genetic characteristics, sex, sexual orientation, age, disability, chronic non-malattie contagiose, HIV infection, political option, family situation or responsibility, membership or trade union activity, membership in a disadvantaged category is prohibited.

What is discrimination for association, harassment and victimization?

6 months ago we announced the appearance of some positive amendments to the Company Law n. 31/1990, such as:

• cancelation of the provisions whereby a natural or legal person may be a sole member of a single limited liability company

• the abolition of the provisions providing that different companies may operate in the same establishment only if the building, through its structure and its useful surface, allows more companies to operate in different premises or in separate shared spaces

• Abolishment of the obligation to obtain an aproval from the Owners’ Association of the building to change the destination of the real estate, in the case of companies whose registered office is to be registered in an apartment building, for companies with registered office of which no activity is exercised.

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In view of the current situation, which is burdensome for the business environment, a new OUG project has been created, which is intended to bring additional exemptions and facilities for the companies.

These facilities concern:

From 21^st of April onwards, both public entities and economic operators, which by their nature have opened accounts with the Treasury, will be able to make online payment via the electronic multiple payment order, by accounts opened with the Treasury units of the State through which it operates.

The new provisions are contained in the OMFP n. 1819/2020 and were published in the Official Journal n. 279 of 3 April 2020.

As of the 3^rd of April 2020, the procedures for submitting the documents required to obtain the technical unemployment indemnity have changed. According to the new methodology, all those who submit applications for April (therefore all applications that will be submitted after 1^st of May) must send them via the online platform made available by the Romanian Government, namely https://aici.gov.ro/home.

In addition, it is important to know that documents sent by e-mail to AJOFM will no longer be accepted.

The transmission of documents through the above-mentioned platform will ensure faster processing, better record keeping and easier access to documents to be filled in.

In addition, applications will be written intelligently to help employers calculate the compensation to be claimed and therefore errors in identifying the company will be limited.

Emergency Ordinance No. 70/2020 was published in the Official Gazette of Tuesday (May 14, 2020). It brings many changes, the most important of which concern the tax code and the resolution of technical unemployment, as a measure to help companies affected by the crisis caused by SAR-Cov-2.

The following is a summary of the main provisions contained in OUG 70/2020, in some important categories:

I. Extension of social protection measures

The legislative act concerns several measures caused by the current epidemiological situation in Romania, including:

• the period for granting the technical unemployment allowance shall be extended until 31^st of May 2020;

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The decision 24 of 14.05.2020 issued by the National Committee for Emergency Situations, published in M.O. n. 395/15.05.2020, approved the establishment of a state of alert at national level for a period of 30 days, starting from 15.05.2020.

As the state of alert has facilitated some of the measures ordered during the state of emergency and companies can start to resume their activities, the decision focuses on the definition of measures for prevention and control of infections.

The following is a set of measures applicable to companies:

1. Organisation of business activities towards employees and customers:

• is further encouraged to work at home or in telework, as public and private economic operators are obliged to organize their activities so that work is carried out from workers’ homes.

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With the end of the state of emergency, we also have some news regarding the activity of the Commercial Register.

Thus, for a period of six months from the date of the end of the emergency, the activity of the Register of Commerce will be done mainly by sending the files online or by correspondence.

At the same time, the program with the public at the institution’s desks began today (May 15), with a 4-hour work program, divided into two hourly intervals, which is:

• Monday-Thursday 09:00-11:00 and 12:00-14:00
• Friday 08:0-10:00 and 11:00-13:00

The public will have access to the premises of the Register of Commerce with a protective mask that covers both the mouth and the nose.

News about emergency certificates were published on M.O. 385 on May the 13^th.

According to the new provisions, the economic operators who suffered from the effects of the SAR-Cov2 pandemic in april, can benefit from the certificate of emergency TYPE 2 (yellow) situations following the completion of a self-declaration. The statement must indicate that there is a decrease in revenues of at least 25% in March or April 2020 compared to the average for January and February 2020.

But companies now have another statement available to get the certificate of emergency situations. In fact, the new declaration used only adds the month April 2020 (along with March), as the month in which the decrease in income/income achieved is decreased by more than 25% compared to the average income of January-February 2020.