Legal issues Romania

Required documents

- Passport: Original and copy.

- Birth certificate: Original and notarized translation into Romanian.

- Certificate of marital status: Document confirming there are no obstacles to marriage.

- Medical certificate: Blood test confirming the absence of infectious diseases such as syphilis; the certificate is valid for 14 days.

- Documents of dissolution of previous marriages (if applicable): Divorce certificate or death certificate of the previous spouse.

 

Important: All documents not in Romanian must be translated into Romanian and the translation notarized; if the originating country of the document is a member of the Hague Convention, an apostille must be affixed to the original document in the country of origin (before translating).

 

Filing a marriage application

A marriage application along with the documents must be submitted to the city hall where the marriage is planned. Both partners must be personally present when submitting the application and complete the relevant form.

 

Waiting and marriage ceremony

After submitting the application, a document check is performed within 10 days, and if all requirements are met, the ceremony date is assigned; the ceremony may take place 10 days after the application's submission.

 

Conducting the ceremony

The ceremony is held at the city hall with two witnesses present. Both partners must be present, and it takes about 15-20 minutes. Upon completion of the ceremony, the couple receives a marriage certificate.

 

Additional information for foreigners

If one of the partners does not speak Romanian, a certified translator must be present both at the application submission and the ceremony. A translator can be found through local translation agencies or specialized websites.

 

Registration of marriage abroad

After getting married in Romania, foreigners can register their marriage in their home country. For this, they may need the legalized and translated marriage certificate obtained in Romania.

To register the birth of a child born in Romania, the following documents need to be provided:

- Medical birth certificate: Issued by the hospital or doctor where the birth took place. It should contain the registration number, date of birth, institution seal, and doctor's signature.

- Parent's identification documents: Originals and copies of passports or identity cards of the parents.

- Marriage certificate: If the parents are married, the original and a copy of the marriage certificate is required. If the marriage took place abroad, the certificate must be translated into Romanian with a notarized certification.

 

Filing an application at the civil registry office: Parents must submit an application for the birth registration at the civil registry office at the child's birthplace or the parents' residence. Both parents must be present at the application submission. If one parent cannot be present, they may provide a notarized permission to the other parent for birth registration.

 

Translation and notarization of documents: If documents are issued in a foreign language, they must be translated into Romanian with a notarized certification. Translations can be carried out by certified translators and then notarized in Romania.

 

Obtaining a birth certificate: After submitting all the necessary documents and the application, the civil registry office issues the child's birth certificate. This document serves as official confirmation of the child's birth and citizenship. The birth certificate is needed for obtaining other documents, such as a passport and medical record.

 

Registration at the consulate (if required)

If parents wish to register the birth of the child in their country, they can do so through their country's consulate or embassy in Romania. This may be required for obtaining the child's citizenship or arranging other documents in the parents' home country. It is recommended to contact the consulate for accurate information about the procedure.

 

Additional Requirements

If one of the parents does not speak the Romanian language, the presence of a certified translator is required both when submitting the application and when receiving the birth certificate.

In some cases, an additional medical certificate or other documents may be required, depending on the requirements of the local civil status registry office.

Choosing the company's legal structure: The most common form is the Limited Liability Company (SRL). This form provides limited liability for the founders and can be established by one person, making it popular among sole proprietors.

 

Appointing a legal representative: Foreign citizens need to appoint a legal representative residing in Romania, who will be responsible for administrative formalities on behalf of the company.

 

Selecting and registering the company name: The company name must be unique and registered in the Romanian Trade Register. Checking and reserving the name is a mandatory step before registering the company.

 

Determining the legal address: The company must have a legal address in Romania. This can be a rented premises or a virtual office providing only an address for registration.

 

Depositing the share capital: The minimum share capital for an SRL is 200 RON (around 45 euros). This capital must be deposited in the company's bank account in Romania.

 

Preparing statutory documents: The company's charter and other founding documents must be prepared in accordance with Romanian law. These documents define the company's operating rules and the rights and responsibilities of the founders.

 

Registration with the Trade Register: All the prepared documents must be submitted to the Trade Register for the official registration of the company. This step is the final one for obtaining official company status in Romania.

 

Obtaining necessary permits and licenses: Depending on the type of activity, special permits or licenses may be required for legal business operation in Romania.

 

Registration with tax authorities: After registration with the Trade Register, it is necessary to register with the Romanian tax authorities to obtain a tax identification number (CIF). This will allow the company to pay taxes and fulfill tax obligations.

 

Hiring employees (if necessary): If the business requires employees, it is necessary to familiarize yourself with Romanian labor laws and comply with all the regulations related to hiring and managing personnel.

 

It is recommended to use the services of local lawyers and consultants to ensure full compliance with local requirements and simplify the registration process.

Notary Services

Notarial services are provided through notary offices located throughout the country. In Romania, a limited number of notary offices operate in each region, ensuring centralized and regulated access to notarial services.

Main services include document copy certification, preparation of powers of attorney, sales contracts, marriage contracts, as well as handling inheritance and wills.

Requirements for foreign documents

All documents presented in a foreign language must be translated into Romanian and notarized. This applies to passports, birth certificates, marital status documents, and other legal documents.

Apostille and Legalization

For documents issued in the Hague Convention member countries, an apostille is required. This confirms the authenticity of the document for its use in Romania. An apostille is applied to documents such as birth, marriage, death certificates, and other legally significant documents.

For countries not part of the Hague Convention, an additional legalization procedure is required, carried out by the Romanian Ministry of Foreign Affairs or other authorized bodies.

Practical Tips

Finding a notary: You can choose a notary registered with the National Union of Notaries of Romania, on the official website https://www.uniuneanotarilor.ro/.

In Romania, the divorce procedure can be carried out either through the court or a notary, depending on the agreement between the spouses and the presence of minor children.

 

Divorce by mutual consent through a notary

Conditions: Both spouses agree to the divorce and all its conditions, including matters concerning children and property.

Procedure: Spouses submit a divorce application to a notary's office at the place of marriage or their last joint residence. The notary sets a 30-day period for reconsideration of the decision.

Documents: Passports, birth certificates, marriage certificate, and documents confirming agreements regarding children and property.

Result: After 30 days and confirmation of all conditions, the notary issues a divorce certificate.

 

Divorce through the court

Conditions: Applied if the spouses cannot reach an agreement on divorce matters, or if there are minor children and a court trial is required.

Grounds: Disagreement on divorce, serious relationship issues, living separately for more than two years, serious illness of one of the spouses.

Procedure: One of the spouses files a divorce application in court. The court conducts hearings, analyzes evidence, and makes a decision.

Documents: Passports, birth certificates, marriage certificate, documents supporting the grounds for divorce.

Result: The court decides on the divorce, regulates issues of child custody and property division.

 

Property division

In divorce by mutual consent: Property is divided based on the spouses' agreement. The notary can formalize a property division agreement.

In court divorce: The court determines the property division if spouses cannot reach an agreement.

 

Custody and alimony matters

Joint custody: The preferred option, where both parents retain rights to raise the child.

Individual custody: In rare cases, if one parent cannot fulfill their duties.

Alimony: The court or notary establishes the amount of alimony and the payment procedure.

 

Features for foreigners

Choice of law: Spouses can choose which law will apply. If no choice is made, Romanian law applies if both spouses reside in Romania at the time of filing for divorce.

Representation by an attorney: Foreigners may not be required to be present personally in court if they provide their attorney with a notarized power of attorney to represent their interests.

 

For more detailed information and legal assistance, it is recommended to contact lawyers specializing in family law and divorces in Romania.

Main ways to obtain legal assistance in Romania:

 

Law firms

Numerous law firms operate in Romania, offering a wide range of legal services, including immigration, labor law, family law, and commercial law consultations.

 

National Union of Notaries of Romania

Notary services play an important role in legal processes in Romania. Foreign nationals can approach notaries for document certification, drafting powers of attorney, and other legal actions.

 

Free and low-cost legal assistance

There are programs offering free or low-cost legal assistance for low-income individuals:

LawHelp.org: A platform that provides information on legal assistance and rights, as well as tools for creating legal documents.

Legal Services Corporation: An organization providing legal assistance to low-income individuals in their community.

 

Consulates and embassies

Foreign nationals can seek legal assistance and consultations from their country's consulate or embassy in Romania. Many consulates provide lists of recommended lawyers and notaries.

 

Useful tips

Online consultations: Many law firms offer initial consultations online, which can be a convenient way to receive preliminary legal help.

In Romania, translations of official documents, such as birth certificates, marriage certificates, diplomas, and legal contracts, must comply with a number of requirements. Here are the main steps and recommendations for preparing such translations:

 

Choosing a certified translator

Official document translations must be performed by a certified translator registered with the relevant authorities. These translators are responsible for the accuracy and completeness of the translation, ensuring that all legal and technical aspects of the original document are preserved in the translation.

 

Certification and notarization of the translation

After the translation is completed, the document must be certified by the translator or translation agency. Certification includes a statement from the translator that the translation is accurate and complete. To give the document legal force, it can be notarized. This means that a notary verifies the identity of the translator and their statement of the translation's accuracy, then places their seal and signature on the document.

 

Apostille and legalization

For use of translations abroad, documents may require an apostille, which confirms their authenticity. In Romania, an apostille can be obtained from the Ministry of Foreign Affairs or other authorized bodies.

 

Where to find a translator

In Romania, certified translators can be approached through translation agencies that offer official translation services. It is important to choose agencies with a good reputation and verified translators.

Main elements and features of Romania's judicial system

 

High Court of Cassation and Justice: It is the highest judicial authority in Romania and ensures uniform interpretation and application of the law by other courts.

 

Appeal courts: Romania has 15 appeal courts that hear appeals against decisions of tribunals and specialized courts.

 

Tribunals: There are 42 tribunals, one in each county, and a separate tribunal for Bucharest. They handle first instance cases on more complex matters, as well as appeals against decisions of local courts.

 

Local courts: The country has 176 local courts that hear first instance cases on less complex matters.

 

Specialized courts: Handle cases related to commerce, family law, and juvenile matters.

 

Military courts: The military judicial system includes tribunals and appeal courts that deal with military crimes and offenses committed by military personnel.

 

Alternative dispute resolution: Includes arbitration and mediation, which are actively used in Romania.

 

For additional information and consultations, it is recommended to contact legal professionals and lawyers.

Preliminary contract: Before the final purchase of real estate, a preliminary contract is usually concluded. This contract specifies all key terms of the transaction, including the agreed price and down payment. This helps protect the buyer's interests in case the seller refuses the deal.

Notarization: The final sale-purchase agreement is notarized. The notary verifies all documents and notarizes the transaction, after which the buyer pays the remaining amount.

Costs: Notarial services, registration fees, and property transfer tax (approximately 3% of the property's value if it exceeds 450,000 RON).

Documents and legal clearance: It is important to conduct a legal check of the property to ensure that the seller has all the necessary rights to sell and there are no debts or encumbrances. A lawyer usually handles this.

For more information and assistance, we recommend contacting local lawyers/real estate agents who can ensure the transaction is conducted within the law.

Child custody

Joint custody: In Romania, priority is given to joint custody, where both parents continue to be involved in the child's life after divorce. This rule applies whether the parents are married or divorced. The court determines custody based on the child's best interests.

Rights and Responsibilities of Parents: Parents are obliged to maintain personal relations with the child, even if they do not live together. The court may restrict these rights only if they contradict the interests of the child.

Change in Custody Conditions: Custody conditions can be changed by a court decision in the event of significant changes in circumstances affecting the child's welfare.

 

International Child Relocation: According to Law No. 272/2004, taking a child abroad is possible only with the consent of both parents. In the absence of such consent, a court decision is required. The Convention on Civil Aspects of International Child Abduction (Hague Convention) also applies in such cases.

 

Adoption

Adoption Process: Adoption in Romania is regulated by Law No. 273/2004. The process includes several stages, starting with the application submission to the National Adoption Agency and ending with a court adoption decision. To adopt children from orphanages or other institutions, it is necessary to confirm that relatives of the child up to the fourth degree cannot or do not wish to raise the child. Such a child must be registered as available for domestic adoption for two years before being considered for international adoption.

 

International Adoption: Romania is a participant in the Hague Convention, which means that international adoption must comply with certain international standards. The process includes selecting an accredited agency, assessing the suitability of prospective parents, and obtaining necessary permits from the authorities of Romania and the prospective parents' country.

Special Cases of Adoption: Adoption of children with special needs or medical conditions is regulated by the same laws as standard adoption. However, such cases require additional checks and support from both the state and adopters.

For more detailed information, it is recommended to consult professional lawyers specializing in family law.