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Ministry of Justice
National Trade Register Office

November 13, 2024

 

  • In compliance with G.E.O. no. 6/2011 on stimulating the set up and the development of microenterprises by young entrepreneurs, these can be set up by entrepreneurs having absolute capacity of exercise, who shall fulfill the following conditions:
    1. absolute legal capacity of exercise;
    2. prior to the date of incorporation in the trade register, he/she did not and do not have the quality of shareholder, partner or member of the management bodies of an enterprise incorporated in the European economic area;
    3. sets up, for the first time, a private limited company, as laid down in Law on companies no. 31/1990, republished, as subsequently amended and supplemented and in the GEO no. 6/2011;
    4. statement of own responsibility, under the sanction of penal law for false testimonies, attesting the fulfillment of conditions laid down in point b), submitted to the trade register office attached to the law court at the same time with the application for company’s incorporation.
  • The set up company must satisfy the following conditions:
    1. it is a private limited company (SRL), which functions for an  undetermined period, under the conditions of Law no. 31/1990 on companies, republished, as subsequently amended and supplemented;
    2. it falls into the  category of micro-enterprises, under the conditions of Law no. 346/2004, as subsequently amended and supplemented, on stimulating the set up and the development of small and medium enterprises and of the present Emergency Ordinance;
    3. it is set up by a debutant entrepreneur, as sole shareholder, or together with no more than five debutant entrepreneurs partners. The conditions for debutant entrepreneur shall be satisfied by each of the partners;
    4. it is administrated by the sole shareholder or by one or more administrators from the partners;
    5. has no more than 5 (five) groups of activity stipulated by the classification of the activities from the national economy into force (NACE Rev 2). In these 5 (five) groups of activities shall not be included the following: financial brokerage and insurances, real estate transactions, gambling and betting activities, production and sale of armament, munitions, explosives, tobacco, alcohol, substances under national control, plants, drug and psychotropic substances, and activities excluded by European norms for which it can not be  granted state assistance.

    The prohibited activities are situated in the following groups and classes CAEN Rev. 2:

    1. financial brokerage and insurances (NACE Rev. 2 - 641, 642, 643, 649, 651,652, 653, 661, 662, 663);
    2. real estate transactions (NACE Rev. 2 - 681, 682, 683);
    3. gambling and betting activities (NACE Rev. 2 - 920);
    4. production and sale of armament, munitions, explosives, tobacco, alcohol, substances under national control, plants, drug and psychotropic substances (NACE Rev. 2 - 110 (with the exception of class1107), 120, 254, , 0115, 1200, 2051, 4635, 4725, 4726);
    5. activities excluded by European norms for which it can not be granted state assistance, according to art.1 of Commission Regulation (EC) No 1998/2006 on the application of Articles 87 and 88 of the Treaty to de minimis aids, are the following:
      • fishery and aquaculture sectors, as covered by Council Regulation (EC) No 104/2000  (NACE Rev. 2 - 031, 032);
      • primary production of agricultural products as listed in Annex I of the Treaty of establishing the European Community (NACE Rev. 2 – 011, 012, 013, 014, 015, 016, 017);
      • aids granted to economic agents active in the coal sector, as it is defined in the European Commission Regulation no. 1407/2002 on state assistance for coal industry  (NACE Rev.2 - 051, 052, 061, 062, 0721, 0892, 091, 099);
      • aids for the acquisition of road freight transport vehicles granted to economic agents performing chargeable road freight transport against of a fee;
    6. activities of processing and marketing of agricultural products as listed in Annex I of the Treaty of establishing the European Community, in the following cases:
      • when the amount of the aid is based on the price or quantity of such products purchased from primary producers or put on the market by the economic operators concerned;
      • when the aid is conditioned on being partly or entirely passed on to primary producers (farmers);
    7. activities related to export to third states or member states, namely the aids directly related to exported quantities, creation and function of a distribution network or for other current expenses related to export activity;
    8. aids for using national products instead of imported products.
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