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Amendmends regarding the judicial stamp and other fees

In the Official Gazette of Romania, Part I, no. 246 of April 29, 2013 was published Law no. 127/2013 regarding the approval of Government Emergency Ordinance no. 121/2011 for the amendment and completion of certain acts.

The law approves the mentioned G.E.O no. 121/2011 as follows: it is inserted a new tax in the Tax Code, and that is the tax for fulfilling the divorce procedure administratively. The fee is in amount of 500 RON and can be increased by decision of the local council, but the increase shall not exceed 20% of this value. The tax becomes an income for the local budget.

G.O. no. 32/1995 on judicial stamp is modified as follows: it is stated that the judicial stamp applies to actions, applications, documents and services falling within the competence of all courts, of the Ministry of Justice or the General Prosecution of the High Court of Cassation and Justice, eliminating those provisions which stated that the judicial stamp also applies to acts performed by notaries and bailiffs.

The applications for releasing copies and certificates, as well as any other claims that do not cover the court activity, will be charged with a judicial stamp of 0.15 RON.

Regarding Law no. 82/1993 on the establishment of the Biosphere Reserve “Danube Delta”,  it is set a new contravention: the possession, use and sale of monofilament nets within the perimeter of the Reserve, as well as in any other area that has a status of nature reserve, recognized by law. Such an act will be punished with a fine from 700 lei to 2 000 RON for individuals and 1 500 RON to 4 000 RON for legal entities.

Law no. 50/1991 on the authorization of construction works:

Buildings that were carried out without authorization or in violation of its provisions, as well as those who don’t have the acceptance, shall not be considered completed and can not be registered in the land register, according to the law. In this situation we still apply sanctions provided by law: buildings completed before 1 August 2001 are registered, in the absence of a building permit, on the tax certificate attesting payment of all tax obligations due to local public authorities in whose area are situated, as well as on the basis of cadastral documentation. If the buildings are not registered with the local public authorities, they are registered if they pay the corresponding taxes for the last 5 years, before submitting the tax declaration.

If tax payers file a tax declaration to the local public authorities and pay, within 90 days since the new law produces effects, they will not owe any additional tax obligations.

Law no. 7/1996 on cadastre and real estate advertising:

We find clarifications regarding real estate advertising rates, collected by public notaries in the name and on behalf of the National Agency for Cadastre and Land Registration.
The methodology for collection and transfer of real estate advertising fees is established by the Protocol between National Agency for Cadastre and Land Registration and the National Union of Public Notaries from Romania.

It is also inserted the provision that the promise to conclude a contract involving the property of a real estate or other real right related to it, will be concluded in an authentic form, under the sanction of absolute nullity.

Legislative Decree no. 118/1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established since March 6, 1945, and those deported abroad or in prison:

It is stated that the trips set for owners can also be used by their attendants. Free travel vouchers can be picked up and used by the husband / wife or other person, as long as they are authorized by the owner to represent his interests, on the basis of a mandate with a certain date, accompanied by a copy of the ticket owner’s ID, without being required the presence of the ticket`s owner.

>> The source: JURIDICE.ro

Adina OPREA

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