Amendments Brought By Law No. 208/2020 For The Amendment And Completion Of Some Normative Acts

The amendments brought by Law no. 208/2020 for the amendment and completion of some normative acts (hereinafter referred to as “Law no. 208/2020”) come especially to the aid of Romanians abroad who will have at their disposal simplified procedures through which to submit / obtain in due time various documents, through a legal professional: the lawyer.

  1. Amendments to the form of the specimen signature of the self-employed person / company trader when registering at the trade register office

Art. 18 of Law no. 26/1990 on the trade register (hereinafter referred to as the “Trade Register Law“) provides that for proof of the specimen signature, the self-employed person, respectively the representative of the family association, signs at the trade register office, in the presence of the delegated judge or director of the office or his substitut, who will certify the signature. In the absence of the self-employed person, respectively of the representative of the family association, his signature can be replaced by presenting a specimen signature legalized by the notary public.

In addition to the two forms of the signature specimen, Law no. 208/2020 introduced an alternative form of the signature specimen, respectively, in the absence of the self-employed person, respectively of the representative of the family association, his signature can be replaced by presenting to the trade register, lawyer’s  power of attorney containing the client’s signature, respectively of the self-employed person or of the representative of the family association. The signature of the self-employed person must be given personally in front of the lawyer and will be used in the entire activity of the self-employed person, respectively of the representative of the family association.

Likewise, the proof of the signature specimen of the administrators and, as the case may be, of the representatives of the companies, as well as of the persons empowered to represent the autonomous utilities or cooperative organizations is also done in one of the above forms, respectively by signing it at the trade register office in the presence of the delegated judge / director of the office / his substitute, by legalization by the notary public or by certification by the lawyer.

  1. Amendments to the form of the statement concerning the beneficial owner of a company

Art. 56 of the Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as for amending and supplementing some normative acts (hereinafter referred to as “Law no. 129/2019”) provides for the obligation to submit a statement concerning the beneficial owner of the company, at registration and whenever a change occurs, in charge of those legal entities subject to registration in the trade register.

Even if it is not part of this context, we cannot fail to recall that this article has been substantially amended by Law 108/2020 which has expressly listed the entities exempted from the obligation to submit the statement on the beneficial owner, and namely the autonomous administrations, companies, national companies, companies wholly or majority owned by the state and companies consisting only of natural persons.

Taking into account this provision, the new amendment brought by Law 208/2020 applies to legal persons who still have the obligation to submit the statement concerning the beneficial owner to the trade register office, and who can do so in front of the representative of the trade register office, personally, by representative, having a certain date, given by the notary public or attested by a lawyer.

  1. Amendments regarding the manner of obtaining the criminal record

If prior to the amendments brought by Law 208/2020, the criminal record could be obtained only in person or by representative with a special power of attorney authenticated by a notary public as it results from art. 31 of Law 290/2004 on criminal record (hereinafter referred to as the “Criminal Record Law”), starting with September 26, 2020, the lawyer can also obtain the criminal record, based on the power of attorney whose content must be worded in clear terms, showing the lawyer who was mandated, the purpose and duration of the mandate.

The power of attorney includes: the form of exercising the profession, the name of the lawyer, the name of the client who empowered the lawyer, the activity / activities for which the lawyer is mandated / empowered, the date of issuance of the power of attorney and the lawyer’s signature.

  1. Amendments regarding the manner of obtaining civil status documents

Following the amendment brought by Law 208/2020 to article 10 of law no. 119/1994 on civil status documents (hereinafter referred to as the “Civil Status Documents Law”), natural persons will also be able to obtain civil status certificates through lawyers, the latter having sufficient legal power of attorney issued on the basis of a legal assistance agreement concluded in advance with the client.

Civil status certificates (birth, marriage and death certificates) can be issued to lawyers authorized by the holders themselves or by their legal representatives.

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