If you are in the unfortunate situation of having a foreclosure procedure initiated against you, our advice is to immediately consult a lawyer with experience in such procedures. Our recommendation is such as, during the foreclosure procedure, the terms to object to any procedural irregularities are very short. From the moment you receive the first foreclosure documents, a critical period of 15 days to formulate any objection starts lapsing; losing this term drastically reduces the legal mechanisms to respond (regardless of what some specialists in the online environment might suggest).

Under these circumstances, the initial consultation may prove to be life-saving.

Practice shows a high share of foreclosures undertaken by banking institutions, who often foreclose the mortgaged real estate. This procedure does not differ, in essence, from the procedure initiated by a creditor natural person, for example. Due to the specificity of the credit agreement, due to the way in which banks are accustomed to outsourcing debt recovery services, but also due to a very large volume of such procedures, in practice, we were able to distinguish certain reasons for objections, that we have encountered more frequently. For instance, during foreclosure, procedural errors may occur, as regards:

• the content of the foreclosure petition;
• the content of the conclusion of approval of foreclosure, given by the court;
• the creditor’s representation manner, when appropriate;
• the matter of prescribing the right to ask for foreclosure;
• the matter of the evaluation of the foreclosed property;
• the lawfulness of attachments
• the matter of debt calculation.

As this is a very technical procedure, with legal terms that have a specific significance, difficult to understand for people without legal studies, we recommend consulting a lawyer from the beginning of the procedure (communication of the first foreclosure documents or acknowledging the existence of the attachment).

Articolul Foreclosure apare prima dată în Stoian și Rotari | Law Office.

If you wish to establish an enterprise on the territory of Romania, there are several basic elements that you ought to be aware of:

• firstly, the capacity of shareholders of a company may be held both by natural persons and by other enterprises, both Romanian and foreign;
• enterprises are registered with the Trade Register Office and the establishment of the company starts by reserving a name for it; we recommend you to provide several name variants, in order to avoid the refusal by the authority for reasons that the name you choose is already registered;
• the company must also have a share capital, of minimum 200 lei (in case of a limited liability company – called SRL in Romania), constituted, most often, by a bank deposit (the capital may also be constituted of goods);
• the company must also have a registered office on the territory of Romania, proven by a lease, free-loan, sale contract, etc.;
• last, but not least, the Romanian law allows for the establishment, in the course of one year, of the registered office of the company at the professional office of the attorney (naturally, this office is not the one where the company is to carry out its activity, it will only be used as the mailing address).

In order to set up an enterprise, we recommend using the services of a lawyer with experience in corporate law. Such a lawyer is able to guide you both during the establishment procedure, and subsequently. You will find it useful to cooperate with such an expert particularly when you need to have the articles of incorporation drafted, or in the interaction with the public authorities, or when it comes to knowing the legal provisions regarding what rights and interdictions the future shareholders will have, and to avoid certain sanctions from the authorities. All these services may be provided by our specialists, and we also have the possibility to recommend you full accounting services to cover all the necessary experts that a future prosperous company will need.

Articolul Establishment of an enterprise on the territory of Romania apare prima dată în Stoian și Rotari | Law Office.

Situation of foreign citizens excused for committing criminal deeds on the territory of Romania.

In the event that you are a foreign citizen and you are informed of an accusation made against you by a Romanian authority, we advise you to ask the representatives of the authority to communicate this accusation to you in the language that you understand.

If this accusation is of a criminal nature, namely the deed and the sanctions are provided in the Romanian criminal code (or you suspect that the deed would be of this nature), it is important that all the deeds prepared by the authorities in relation to you are made in the presence of an interpreter and of a lawyer specialized in criminal law.

You have the right to refuse to sign the documents that are presented to you, if you do not understand their content and their implications or if you do not agree with them. You also have the right not to declare anything to the authorities, until you consult a lawyer of your choice. Your position must not be a hostile one against the authorities, but on the contrary, you should be cooperative, however firmly demanding that your rights, that have been previously enumerated, must be respected. If you suspect an abusive attitude on the part of the authorities, which may exceed the limits of the law, our recommendation is to try to establish evidence regarding these acts (eyewitnesses, video or audio recordings).

In the event of an accusation of criminal deeds, on the territory of the Romanian state, you benefit from the right to a fair trial, guaranteed both by the criminal procedure code, as well as by the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. This triple protection, although it should operate ex officio, is actually provided only through the services of a lawyer specialized in the application of criminal law.
We recommend that you maintain the same prudent and reasonable attitude, even if you are informed of your capacity as accused or the procedural documents are communicated to you by mail or by telephone. In this situation, you should also consult a lawyer specialized in criminal law, who will help you prevent any errors that would be difficult to remedy later.

The previously provided advice is also valid if you are accused of committing an offence (an antisocial deed of minor significance, usually punished by payment of a fine). The recommendation to refrain from signing documents of which you do not understand the significance remains valid.

Articolul Situation of foreign citizens excused for committing criminal deeds on the territory of Romania apare prima dată în Stoian și Rotari | Law Office.