maandag 26 september 2022

What is the procedure for opening a company in Romania?

 As an investor who wants to open a company in Romania, at first you should know the process of setting up a new enterprise and the steps you need to follow.

There are 6 steps that are mandatory to follow:

  • Get your reservation of company name – form found at Trade Registry, you need to fill in 3 names in order of your preferences and the process takes about an hour. The issued name reservation certificate is valid for 3 months.
  • After the name availability certificate is issued, the constitutive act is written, the authorized person of the company must file the documents at a bank where the social capital will be deposited (a minimum of 200 RON).
  • Register the company at the Trade Registry – the process takes about 3 days and it is free of charge, you only need to pay the taxes for the Official Monitor publishing. Here you must present your articles of incorporation, constitutive act, social capital deposit proof from the bank and an application form which you can find there.
  • Buying the unique registry for controls – provided by the law, it is mandatory to have a unique registry for controls from ANAF in 30 days from registering the company to Trade Registry.
  • Register for VAT purposes – if you want, this is not mandatory for a new company. There are no costs, and this is also done at ANAF.
  • Register employees’ contracts – if the case, this must be done online with the Territorial Labor Inspectorate (IML). The employer is obliged to keep track of all employees’ records internally, electronically and transmit them to IML.

more info mail frjacobs@telenet.be

5 reasons why you should consider doing business in Romania. Primary tabs View(active tab) Edit

 When looking for up-and-coming European Union (EU) countries that have started to catch the eye of investors over the last few years, you should take a close look at Romania. In recent years, the country has become a magnet for those attracted by the growing startup ecosystem, especially within large cities like Bucharest and Cluj-Napoca.

Below are 5 reasons why you should consider doing business in Romania.

Low taxes

The standard corporate income tax rate of 16% is one of the lowest in Europe, well below the EU27 average of 20.71%. In addition, Romania has singed various double taxation agreements through which protect companies and their profits from double taxation. This means that taxes will be paid only once, in the country where the profits are recorded.

At the same time, the Romania Fiscal Code includes a 16% corporate tax relief for profit reinvested in new technological equipment, as well as a personal income tax exemption for IT employees or those who carry out research & development and innovation projects.

Another fiscal incentive in Romania is related to the turnover tax rates used for micro-enterprises. A company (Romanian legal entity) is considered a micro-enterprise if its maximum turnover is up to EUR  1 million at the end of the previous year. According to the current rules, the turnover tax rates used for micro-enterprises are just:

  • 1% for micro-enterprises with one or more employees
  • 3% for micro-enterprises with no employees

In other words, if you own a start-up or a small to medium company, you should definitely come to Romania and benefit from one of the lowest taxation systems in Europe.

Budget-friendly country

Another advantage for doing business in Romania resides in its potential of highly skilled workforce at competitive prices (third lowest minimum wage in EU). This means that a company incorporated here will benefit from low-cost business operations.

In addition, companies that want to start or bring their business in countries like Romania have much to gain from its economic status. Reduced prices for office rents, salaries and accountant expenses combined with the low corporate taxes, and an important number of double taxation avoidance treaties, make Romania a perfect destination for starting or moving a business from abroad.

Affordable, high-quality professionals

Despite the reduced cost of workforce, Romania has a well-educated workforce with good knowledge of foreign languages. Around 80% of the schools in Romania teach English as a second language, making it the most studied foreign language in the country. Many Romanians also know German, French, Italian, Spanish or Hungarian.

vrijdag 12 augustus 2022

new tacrates in romania

O. G. no. 16/2022 amended the Fiscal Code, therefore I present below the main provisions of the normative act.

 1. Dividend tax - the changes take effect on January 1, 2023

Starting from January 1, 2023, the tax rate for dividends distributed/paid between Romanian legal entities, as well as for those distributed/paid to non-residents, is increased from 5% to 8%.

2. Microenterprise income tax - changes come into effect on January 1, 2023

 Microenterprise income tax becomes optional.

A Romanian company can opt for the application of the microenterprise income tax if it cumulatively meets the following conditions on December 31 of the previous year:

  • the revenues achieved did not exceed the equivalent in lei of 500,000 euros (modified condition - previously the ceiling was 1,000,000 euros);
  • the social capital is owned by persons other than the state and administrative-territorial units - according to the Fiscal Code (unmodified condition);
  • is not in dissolution, followed by liquidation, registered in the commercial register or in the courts, according to the law (unmodified condition);
  • achieved revenues, other than consulting and/or management, in a proportion of more than 80% of total revenues (newly introduced condition);
  • has at least one full-time employee active (newly introduced condition);
  • has associates/shareholders who hold more than 25% of the value/number of participation titles or voting rights in no more than three Romanian legal entities that qualify to apply the tax system on the income of micro-enterprises (newly introduced condition);

The tax rate on the income of micro-enterprises is 1% (the 3% rate is repealed).

In conclusion, if a micro-enterprise achieves revenues greater than 500,000 euros/ does not have full-time employees or the share of revenues from consulting and/or management in total revenues is over 20% inclusive, during a fiscal year, it owes tax on profit starting from the quarter in which these limits were exceeded, because it no longer meets the conditions of the microenterprise tax.

The profit tax rate is 16%.

3. Special provisions for part-time employment contracts - the changes enter into force on August 1, 2022

The social security contribution owed by natural persons who obtain income from wages or wages assimilated to wages, based on an individual full-time or part-time employment contract cannot be lower than the level of the social security contribution calculated by applying the CAS rate on the gross minimum basic salary per country in force in the month for which the social insurance contribution is due, corresponding to the number of working days in the month in which the contract was active.

It applies starting with the income related to the month of August 2022.

In conclusion, for part-time work contracts, taxes will be calculated and paid at the level of the minimum wage in the country, if they are below the level of these taxes.

 

more info mail frjacobs@telenet.be

dinsdag 7 juni 2022

Recruitment of IT profiles in Romania

You have great recruitment plans and you want to move swiftly in a competitive market. You need to understand talent availability, compensation and how to be attractive. So you onboard the best talent in the shortest time possible.

We work closely with our clients to understand their needs and business, to ensure that not only the right skill set is found, but the right team and culture fit too. With this approach we have successfully delivered to a myriad of companies from startups looking to hire their first staff member through to high organizations working at scale.

In an ever-difficult market, we have ability to engage with and secure passive candidates is one of his greatest assets and is an essential skill for recruiting in the modern IT sector. Utilizing an extensive network of tech professionals combined with the latest industry tools and methods, we have a widespread pool of candidates to call upon and ensures the campaign is tailored to the individual needs of each vacancy and organization.

  • CTO / Managerial
  • Software Engineer / Developer / Analyst Programmer
  • Test Analyst
  • Product Owner / Product Manager
  • Scrum Master
  • Database Developer / DBA
  • DevOps / SysOps / Systems Administrator
  • IT Support / Networking Engineering / infrastructure Engineer
  • Security
  • Business Analyst
  • Project Manager / Programme Manager
  • Graduates
  • Blockchain
  • IoT
  • Niche / Legacy Technologies
  •  

If you are a company looking for a specialist IT professional, please get in touch with us.

mail frjacobs@telenet.be

dinsdag 24 mei 2022

Employment contract in Romania suspension, termination (resignation and dismissal)

 When the employment contract is suspended

The employment contract may be suspended by agreement of the parties or only by decision of one of the parties, in the following situations:

  • maternity or paternity leave;
  • parental leave;
  • sick or disabled childcare leave;
  • vocational training leave;
  • temporary incapacity for work;
  • quarantine, force majeure, strike;
  • fulfilling a paid management position in the union;
  • if the notices, attestations and authorizations for the respective job have expired (if they are not renewed within six months, the employment contract terminates);
  • if the employee has unjustified absences or is under disciplinary investigation;
  • if the employer temporarily interrupts the activity.

 

During the suspension of the individual employment contract, the employee no longer receives a salary.

When the employment contract ends

The employment contract may be terminated by resignation or dismissal. In both cases, it is mandatory to respect a notice period of at least 20 working days, depending on the job you had, before you finish your work.

If the contract ends during the probationary period, the notice period is no longer required, only a written notification.

Dismissal

Dismissal is the termination of the individual employment contract at the initiative of the employer and, according to Article 58 of the Labor Code, may be ordered for reasons related to the person of the employee or for reasons not related to him.

Dismissal for reasons related to the person of the employee

In this case, the reasons that may lead to dismissal are:

  • Serious deviation or repeated deviations from the rules of the workplace;
  • The physical or mental incapacity of the employee, who can no longer exercise his duties corresponding to the position held;
  • Pre-trial detention for more than 30 days;
  • The employee does not correspond professionally to the job.

 

Dismissal for repeated misconduct or in case the employee does not professionally correspond to the job can be ordered only following a disciplinary investigation or an evaluation of the employee. In other words, the employer must have a very clear justification for the decision to fire a person, he cannot fire you for no reason.

Dismissal for reasons not related to the employee's person

Dismissal for reasons not related to the person of the employee, defined in Article 65 of the Labor Code, is determined by the termination of the job held by the employee and is not related to his person. This occurs, for example, when a company restructures its business, abolishes certain positions, or goes bankrupt.

According to the Labor Code, the termination of employment must have a real and serious cause. In addition, in such a situation, the employee or employees (in the case of collective redundancies) receive compensation and active measures to combat unemployment.

This means that the employer can see if there is a vacancy similar to the one held by the dismissed employee within the company or can notify the territorial employment agency (details of this process can be found on ANOFM) in order to redistribute the employee.

Notice and Dismissal Decision

The purpose of the notice is to prepare the ground for both parties (the employer and the employee) regarding the dismissal, providing a place for negotiation and reorganization.

According to Article 62 of the Labor Code, the employer has the obligation to issue in writing the dismissal decision and, under the sanction of absolute nullity, it must be motivated in fact and in law. This means that if the employer does not follow these steps and does not explain to you the reasons that led to your dismissal, the court may order the dismissal to be annulled.

The dismissal decision is taken into account and takes effect from the date of its communication to the dismissed employee, an essential detail if you want to dispute it.

The minimum notice period is 20 working days (whether it is an executive or management position), but there is freedom to negotiate this period with the employer. Throughout the notice, the employee enjoys the same rights mentioned in the individual employment contract.

 

More info mail frjacobs@telenet.be

 

donderdag 3 februari 2022

Company Formation Romania create a company in Romania from a distance

 No matter the fact that the investors in a Romanian company are residents or foreigners (or ventures), in both cases they are treated the same and benefit from the same opportunities of developing economic activities in Romanian.

All entities operate as independents and are separate by their shareholders/partners' legal units, having their own patrimony, possessions, appelation, administration, registered capital, headquarters and bank accounts.

In Romania, there are two types of companies: joint stock companies (S.A. - societate pe actiuni) and limited liability companies (SRL - societate cu raspundere limitata).

In the case of a SRL, the foreign company can have sole ownership and hold all shares, while in the case of a SA, there must be at least two shareholders (private persons or legal entities). Still, the most commonly used legal form is SRL. All businesses must be registered at ONRC (the National Trade Register Office - Romanian Chamber of Commerce and Industry) and the corporation starts to exists since the date of registration. ONRC is a public institution that keeps statistical information of economic activities. The process of company incorporation in Romania states that every business must have at least a shareholder for a SRL and two for a SA. Additionally, one person can't be unique associate in more than one company. Shareholders can be either companies or individuals and can all be non-Romanians.

A limited liability company is a business entity established by maximum 50 associates. The business relies upon the foundation documents. In order to establish a SRL Company in Romania clients must know from the start that the registered capital of a limited liability company cannot be less than 200 RON. The registered share capital of a limited liability company is usually split into social parts/shares with a registered value of minimum 10 RON each. If choosing to set up SRL in Romania individuals should be informed that the law forbids the shares of these corporations to be involved for loans or other banking operations.

Shares cannot be freely exchanged, making limited liability companies more or less like private companies in other countries.

For all persons interested to open SRL Romania it is important to know that Limited liability companies may be formed by only one individual as well.

The law stipulates that resolutions are made by mainstream ballot in the General Meeting of the Shareholders (each share represents one vote). Decisions regarding adjustments in the articles of association must be accepted by all shareholders unless these documents do not mention something else. Concerning the process to set up SRL in Romania, we shall mention that at least one Manager should be assigned in the articles of association contract; this is the same person who is also responsible for the management of the company.

 

If you want more information, contact us. mail frjacobs@telenet.be