Associations and foundations in Romania

We support individuals and legal entities seeking to carry out activities of general interest, in the interest of a community, or even in their personal interest as long as it is non-patrimonial, in matters related to the establishment and operation of associations and foundations.

Drafting, certification, or amendment of the Statute in Romania.

Our team of romania lawyers has extensive expertise in drafting, certifying, and amending the Statute, the fundamental document in the establishment and operation of a non-patrimonial entity.

Often, an association does not function at its full potential because its statute was poorly drafted. For this reason, we help you lay the foundation of your organization by drafting the statute or modifying the aspects that do not work by amending the existing one, in accordance with the provisions of Government Ordinance No. 26/2000.

Some of the most important aspects that must be included in the Statute are the establishment of member categories and their rights, the procedure for admitting new members, the exclusion procedure, as well as a clear determination of the responsibilities of the governing bodies.

Undertaking legal steps, representation before competent authorities for name reservation and availability confirmation in Romania.

We help you establish a non-patrimonial entity by simplifying the initial procedures and communication with the authorities.

The Romanian law provides certain limitations regarding the name of an NGO. The name of the association/foundation cannot be identical to that of another legal entity without a patrimonial purpose, nor can it be similar enough to cause confusion. Additionally, using certain terms in the organization’s name that create confusion, such as “commission,” “inspectorate,” “authority,” “police,” or derivatives of these, is prohibited.

After choosing the name while considering these aspects, a request must be prepared and submitted for the reservation of the NGO’s name at the General Registry of the Ministry of Justice. The proof is received within a maximum of 5 days and is valid for a period of 3 months.

Representation in court to obtain legal personality and register the association/foundation in the Special Register in Romania.

Obtaining legal personality, following the entity’s registration in the Special Register, is an essential requirement without which legal operations in the name of the organization cannot be conducted.

A non-patrimonial entity gains legal personality by being registered in the Register of Associations and Foundations at the court registry within whose territorial jurisdiction its headquarters are established. The duration of this procedure is approximately one month, depending largely on the deadline set by the court and the subsequent progress of the case.

The NGO establishment file will include the following documents: proof of name reservation, identity documents, and fiscal records (Fiscal Certificate in the case of legal entities) of the founders, proof of headquarters and initial assets, the founding act and statute, and, if applicable, the agreement of the homeowners’ association and neighbors.

Fourteen days after the ruling, a request is submitted for obtaining a certified copy of the Civil Judgment and for registration in the Register of Associations and Foundations.

Obtaining extracts from the special register, legalization of final court rulings in Romania.

We free you from bureaucracy by carrying out, on behalf of your organization, the necessary procedures for obtaining extracts from the special register and certified copies of court rulings.

The establishment of the organization or a branch, amendment of its statute, change of headquarters, and procedures related to the dissolution of the association/foundation are all operations that can only be carried out through their registration in the Register of Associations and Foundations at the court registry where the legal entity’s headquarters are located, based on a final court ruling approving them.

Whenever you need an extract from the special register or the legalization of a final ruling concerning the organization, our team ensures the necessary procedures for obtaining them.

Legal consultancy and representation in case of dissolution of the association/foundation in Romania.

We provide consultancy and representation services for the necessary steps to close the activity of a non-governmental organization.

According to the provisions of Article 54 of Government Ordinance No. 26/2000 on associations and foundations, an association is dissolved: by law, by court ruling, or by decision of the general assembly.

Thus, dissolution can be decided by the general assembly through a resolution. In addition to the mandatory elements that such a document must contain, such as the identification data of the legal entity and the signatories, the title, date, location, and legal basis on which it was adopted, the general assembly resolution for dissolution must also include the appointment of a liquidator (a natural or legal person authorized according to the law), the destination of the remaining assets after liquidation, as well as the authorization of a person to submit the resolution to the court.

Our team of lawyers in Romania provides consultancy and representation in the dissolution procedure, regardless of the circumstances that require it.