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Amendment of the Regulation regarding the organization of the associations and foundations register

The Official Gazette of Romania, Part I, no.583 of 16th of August 2012, published the Minister of Justice directive number 2534/2012, amending Regulation of the organization of associations and foundations register, the federations register and the national register of legal persons without patrimionial purposes, appropved by the Directive of the Minister of State, Minister of Justice no.954/B/C/2000.

The changes are mainly concerning the following aspects:

1. The application for registration- required in order to acquire legal personality- shall be attached with certificates or other documents required from individuals  in order to establish the entity of a legal person, along with the other required documents.

2. The registration of notes into the Register of Associations and Foundations-regarding the number and date of the Goverment decision that recognized the public utility-is made by the court in which the association or foundation is registered as being of public utility, with its notification.  The written entries about the number and date of the Goverment decision act in which the recognition of the public utility is withdrawn, will be done with the notification of the administrative authority which proposed the act of withdrawal of recognition.

3. The National Register of legal persons without a patrimonial purpose is held in a electronical form(computerised system) and is completed by the courts(the court shall forward the special register entries to the central server installed at the Ministry of Justice).  The communication must be done within 3 days from the date of the final court decision that orders the registratoin, amendment of the articles of incorporation/status, termination of an asociation, foundation, federation or branch.

4. It is strictly forbidden to utilise in association names phrases or words likely to cause confusion with the name of public authorities or institutions of local or national interest.  By phrases or words likely to cause confusion we understand: “commisary”, “inspectorate”, “guard”, “academy”, “authority”, “board”, “agency” or derivatives thereof.

The registration of an association whose name includes the words ” national”, “romanian” or any derivaties thereof is made only with the prior consent of the General Secretariat of the Government.

5. Any requested submitted name shall contain the corresponding category to which it belongs; ex: association, foundation or federation.

If denominated in foreign languages, the names shall be specified in romanian, on the applicant’s own risk.  The applicant must also mention, on his own risk, that the name fulfills the stipulated conditions, both in the foreign language and in romanian.

6. The proof of the name’s availability, issued by the specialized department of the Ministry of Justice is valid for a period of 6 months from the date of issuance.  Up to date, the reservation was only valid for a period of 3 months.

Reservations can be extended once, for a period of 3 months, through a reguest of extension of the original booking, formulated by the applicant and registered at the Ministry of Justice no later than the expiration date thereof.

>> The source: JURIDICE.ro

Diana STOICA

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