In the Official Gazette of Romania, Part I, no.188 of March 17th, 2014, was published Law no. 22/2014 for amending and supplementing the Government Ordinance no. 26/2000 on associations and foundations.
The law amends and supplements the Government Ordinance no. 26/2000 on associations and foundations, by imposing prohibitions related to the name of associations/ foundations, in order to avoid confusion with the name of public authorities or with the one of existing non-profit legal entities. Prohibitions on the name provided to associations and foundations are properly applied also for federations.
Thus, under the new law, is prohibited for an association to have a name identical or confusingly similar to another non-profit organization`s name. In this sense, a name is likely to be appropriated if it is not held by another non-profit organizations of the same kind – (association, foundation or federation) – by registration with the National Register of legal persons without patrimonial purpose.
It is also forbidden to use as name of the association, phrases or words likely to cause confusion with the name of public authorities or institutions. By phrase or words likely to cause confusion with the name of public authority or institution name it is understood an inclusion of terms and phrases such as: police station, inspector, guard, authority, police, gendarmerie, consumer protection, or derivatives thereof.
It is forbidden for the name of the association to be identical or confusingly similar to the name of any professional structures established by law and which operates in accordance with it, such as: Bar, Room, National Union of Romanian Bars, the National Union of Romanian Public Notaries, the National Union of Bailiffs, Mediation Council, the Council of the National Union of Public Notaries in Romania, the Council of the National Union of Romanian Bars.
It is forbidden, under the nullity penalty of the articles of incorporation and status, for a subsidiary or branch to bear a name other than the one of the association or foundation.
In case of failure to observe the above provisions, the Ministry of Justice shall issue a motivated refuse to release the availability proof of the name association/foundation.
Associations, foundations or federations legally constituted until the entry into force of the legislation are required to change their name in order to suit the requirements of the new amendments. Otherwise, failure to do so results in the legal dissolution and removal from the Register of Associations and Foundations, after serving a term of two years within which associations, foundations or legally constituted federations can simultaneously use the initial name.
The dissolution is achieved by decision of the court in whose jurisdiction the registered associations/foundations have their headquarters, upon application by any interested person.
Adina Elena OPREA
Junior Lawyer D&B David şi Baias