New reglementations regarding authorisations for small business

In the Official Gazette 328 /25th of April 2008 was published the Govern Emergency Ordinance no 44/2008 regarding the organisation of economic activities for natural persons, individual and family enterprises which abrogates specifically the Law 300/2004, the enforcement guidelines of applications of Law 300/2004 and also any other contrary legal provisions.

New regulation simplifies the procedure of registering such entities in the Registrar of Commerce as well as the procedure of operating changes in the statutory documents of authorized natural persons, individual and family enterprises.

Thus, the procedure of issuing the working authorizations by the Municipalities was canceled, the Registrar of Commerce of every Court being the only body competent to issue registration certificates, respectively the certificates of registering mentions for such legal entities.

In the new legal provision new terms are included and defined as following:

In the Official Gazette 328 /25th of April 2008 was published the Govern Emergency Ordinance no 44/2008 regarding the organisation of economic activities for natural persons, individual and family enterprises which abrogates specifically the Law 300/2004, the enforcement guidelines of applications of Law 300/2004 and also any other contrary legal provisions.

New regulation simplifies the procedure of registering such entities in the Registrar of Commerce as well as the procedure of operating changes in the statutory documents of authorized natural persons, individual and family enterprises.

Thus, the procedure of issuing the working authorizations by the Municipalities was canceled, the Registrar of Commerce of every Court being the only body competent to issue registration certificates, respectively the certificates of registering mentions for such legal entities.

In the new legal provision new terms are included and defined as following:

1. Individual enterprise- the economic organization, unincorporated, organized by an entrepreneur who is natural person.
2. Family enterprise – the economic organization, unincorporated, organized by an entrepreneur, who is natural person, together with his family.
3. Authorized natural person – natural person who is authorized to carry on any form of economic activity allowed by the law, using its work force.

The authorized natural person and the natural person who is the owner of the individual enterprise are responsible for their obligations with the involved assets as well as their whole patrimony.

A favourable change is represented by the introduction of the individual enterprise, because the new law allows the hiring in such organisations of third parties with labour contract registered by the Labour Authority. On the other hand, family enterprises are not allowed to hire third parties with labour contract.

The authorized natural person is also not allowed to employ third parties with labour contract.

The requirement, referring to existence of a degree, labor book or a document which certifies the seniority in the field in which that person wants to carry on economic activities, is kept and is mandatory for the authorized natural person as well as for the holder of individual and family enterprise.