Q&A

What are the rights of passengers in the event of denied boarding and of cancellation or long delay of flights?

Regulation (EC) No 261/2004 of the European Parliament and of the Council of the european union establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In the following, we will briefly detail the eligibility conditions and the rights of passengers according to the subject of their application.

1. In case of passengers who are denied boarding against their will:
– When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations; the second step concerns the fact that, an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will;
– In this case, the volunteers shall receive a compensation established by agreement between them and the airline, as well as the reimbursement, within seven days, of the full cost of the ticket, the possibility of offering a reservation as soon as possible or the possibility of offering a reservation at a later date set by the passenger;
– If boarding is denied to passengers against their will, passengers will be granted a compensation, according to Article 7 (250 Euro for all flights of 1,500 kilometers or less, 400 Euro for all flights between 1,500-3,500 kilometers, 600 Euro for all flights over 3,500 kilometers) or as the case may be, according to Article 8 (reimbursement, within seven days, of the full cost of the ticket, the possibility of offering a reservation as soon as possible or the possibility of offering a reservation at a later date set by the passenger). Also, according to Article 9, passengers shall be offered free of charge: meals and refreshments, hotel accommodation, transport between the airport and place of accommodation. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

2. In case of cancellation of a flight:

– Passengers whose flight was canceled shall be offered: in accordance with Article 8: reimbursement, within seven days, of the full cost of the ticket, the possibility of offering a reservation as soon as possible or the possibility of offering a reservation at a later date set by the passenger; in accordance with Article 9: meals and refreshments, two telephone calls, telex or fax messages, or e-mails, as well as, if case may be, hotel accommodation, transport between the airport and place of accommodation. Also, passengers will be granted a compensation, according to Article 7, as following: 250 Euro for all flights of 1,500 kilometers or less, 400 Euro for all flights between 1,500-3,500 kilometers, 600 Euro for all flights over 3,500 kilometers).

– An operating air carrier shall not be obliged to pay compensation to the passengers in accordance with the facts mentioned above if: the passengers are informed of the cancellation at least two weeks before the scheduled time of departure, the passengers are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival or the passengers are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

– An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

3. In case of delayed flights:

– Depending on the duration of the flight delay and the distance, there are three types of delays:
a) for two hours or more in the case of flights of 1500 kilometres or less;
b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres;
c) for four hours or more in the case of all flights not falling under (a) or (b).
– Passengers shall be offered by the operating air carrier: in accordance with Article 9, meals and refreshments, two telephone calls, telex or fax messages, or e-mails, as well as, if case may be, hotel accommodation, transport between the airport and place of accommodation. If the delay is at least 3 hours, passengers shall be offered by the operating air carrier, in accordance with Article 8, the reimbursement, within seven days, of the full cost of the ticket, the possibility of offering a reservation as soon as possible or the possibility of offering a reservation at a later date set by the passenger.
– Also, passengers will be granted a compensation, according to Article 7, as following: 250 Euro for all flights of 1,500 kilometers or less, 400 Euro for all flights between 1,500-3,500 kilometers, 600 Euro for all flights over 3,500 kilometers.

GUIDE: How to create a Limited Liability Company (S.R.L.) în 7 steps

Recording a L.L.C. (S.R.L.) at the National Trade Registry Office (ONRC) lasts about 3 working days from filing the request (only if the file is complete; otherwise, the settlement term may be extended until the filing and subsequent verification of newly registered documents).

Step 1: Application for verification of company’s name availability and/or reservation thereof
The request for verification of the company’s name availability and/or reservation is filled in at the ONRC headquarters reservation office or online at portal.oncr.ro.
The document attesting the reservation of the company’s name may take up to one hour from the moment of filing of the application, if you go to the ONRC headquarters or within 15 minutes you will be able to obtain the availability and reservation of the company in PDF format if the reservation was made online. It is good to know that reservation of the name is valid for three months from the date of issue,
but there is the possibility of extending its validity.
* We recommend this to be the first step in creating the company, because in order to get the other documents needed for registration you will need the document attesting the reservation of the company’s name.

Step 2: Establishing the registered office (the headquarters of the company)
Documents attesting the rights to use the location assigned as the registered office/headquarters, such as: a purchase agreement, lease agreement, free-lease agreement, real estate lease agreement etc.
* If the location you want to use as a registered office is located in a block of flats or you have common walls with other persons, you will need to obtain the agreement of your neighbors and the owners’ association (if there is an owners’ association) to register your office/headquarters in that building and to change the destination of collective residential buildings.

Step 3: Writing the Articles of Association
The Articles of Association must contain:
– THE COMPANY’S NAME, THE REGISTERED OFFICE/HEADQUARTERS AND THE PERIOD OF TIME WHEN THE COMPANY WILL EXIST
– THE OBJECT OF ACTIVITY
– THE LEGAL FORM OF THE COMPANY
– THE SHARE CAPITAL
– THE MANAGEMENT
– THE MAIN FIELDS OF ACTIVITY
– DISSOLUTION/ LIQUIDATION
– OTHER PROVISIONS

Step 4: Contributions to the share capital
In order to contribute to the share capital, the administrator of the company must open a bank account on the company’s name. In this bank account the contributions to the share capital mentioned in the Articles of Association will be deposited. When opening the bank account, the administrator has to present to the bank the Articles of Association and the proof for the reservation of the company’s name.
*The minimum share capital needed in 200 lei, divided into shares with a nominal value of at least 10 lei each, and each individual shareholder may own a precise number of shares.
* The receipt issued by the bank provides evidence of depositing the share capital and must be filed in original with the registration file at the the Trade Registry.

Step 5: Statement on your own responsibility
– Statement regarding fiscal registration, containing the data on the fiscal vector, the type of branch for payers with branch status, the fiscal identification number of the divided unit;
– Statement of the associate/ founder/ administrators/ financial auditor, attesting that they meet the legal conditions to have these functions;
– The unique associate’s statement from which it results that he is not an unique associate in any other company;
– Statement attesting that the company meets the legal requirements for operations according to the specific legislation regarding the food safety and sanitary-veterinary protection, environment protection and labor protections for the activities listed on the statement form.

Step 6: Signature specimen
Signature specimens of company representatives will be filed at the National Trade Registry Office with the application for registration if they have been appointed by the Articles of Association. The signature specimen may also be given in front of the Director of the National Trade Registry Office or in front of the person who replaces him, who will certify the signature or in authentic form in front of the public notary.

Step 7: Registration of the file
After obtaining all of the documents listed above and completing the registration file, you can go to the National Trade Registry Office. The final step is to pay the registration fees.

The registration certificate of the company will be released in 3 days.

The information provided above is in accordance with the legal provisions in force on 23.01.2019. To update information please contact us.

What are the legal conditions that I have to meet to become a credit broker?

The credit broker (credit intermediary) is an authorized natural person or a legal person who does not act as a creditor and who, during his commercial activity, business or profession, in return for a fee, connects, directly or indirectly, the consumer with a creditor or with other credit intermediary.
In order to be able to carry out all or part of the brokering activities or to provide counseling services, credit intermediaries must meet the following conditions:
a) To be registered by the National Authority for Consumers Protection in the Register of Credit Intermediaries;
b) Staff actually carrying out the brokering activity should have and maintain an adequate level of knowledge and skills in relation to the development, provision or award of credit agreements and the provision of credit intermediation or the provision of counseling services;
c) To have a professional civil liability insurance covering the territories in which they provide services or other comparable guarantee for liability arising out of professional negligence;
d) An authorized individual wishing to engage in credit intermediation or, in the case of a company governed by Companies Law no. 31/1990, shareholders, administrators, management, as well as all persons interacting with clients:
– to have a good reputation;
– in their criminal record there should be no mention of committing crimes against property or financial crimes;
– to have an adequate level of knowledge and competence in relation to credit agreements;
– the insolvency proceedings were not opened against them.

The information provided are in accordance with the legal provisions in force on 28.09.2018. To update information please contact us.

What are the documents needed to obtain operating authorization for commercial space located in public areas?

In order to obtain operating authorization for a commercial space located in public areas, the following documents are required:
a) Articles of Incorporation;
b) Registration Certificate, issued by the Trade Registry Office;
c) Certified Statement regarding the Declaration for the workstation, issued by the Trade Registry Office;
d) documents proving the legal possession of the commercial space (e.g. building permit, property act, lease agreement, etc.);
e) as the case may be, documents proving the legal possession of the land on which the commercial space is located;
f) documents proving the payment of taxes / rents on the public domain (as the case may be);
g) contract concluded with the sanitation company;
h) cadastral plan for space location (as the case may be);
i) outdoor photography of commercial space (as the case may be);
j) application form.
Depending on the specifics of the activity carried out, other authorizations may also be necessary (for example: for the public catering activity, the sanitary veterinary authorization is required from the sanitary veterinary direction where the activity will be carried out)
The information provided are in accordance with the legal provisions in force on 28.09.2018. To update information please contact us.

What documents are required to issue the identity card after changing the civil status data (eg. after marriage, divorce)?

a) the application form for issuing the identity document;
b) Identity Card and Voter’s Card, as the case may be;
c) Birth Certificate and Marriage Certificate, as the case may be (original and copy);
d) Divorce Certificate / Court Order, as the case may be (original and copy);
e) the document proving the home address and, where applicable, the proof of the residence address (original and copy);
f) the receipt representing the equivalent of the identity card.
The information provided are in accordance with the legal provisions in force on 28.09.2018.
To update information please contact us.

Which are the documents required in order to register of the amendments regarding striking off as a result of simultaneous dissolution and liquidation of private limited companies (S.R.L.)?

1. The decision of the associates regarding simultaneous dissolution and liquidation of the company, taken with the quorum and the majority provided by the law for the amendment of the Articles of Association, when they agree with the distribution and the liquidation of the company’s patrimony and when they assure of settling liabilities or its regularization in agreement with creditors;
2. Evidence of creditors’ agreement regarding settling liabilities or its regularization;
3. Decision of asset distribution that remained after the payment of the creditors, taken unanimously by the associates;
4. Financial statement of liquidation and asset distribution approved by the associates, certified by the authorized persons, in compliance with the law;
5. Registration Certificate and Certificate of status of authorization (originals).

The information provided are in accordance with the legal provisions in force on 15.10.2018. To update information pleasecontact us.