Gruia Dufaut

LEGAL NEWS

LEGAL NEWS

Last updated: 9 October 2015


LEGAL NEWS


Summer holidays are over and out column is resumed with news from the legal domain, that entered into force during the holidays.


NEW FISCAL CODE


First of all, the long-awaited Fiscal Code was finally promulgated by President Iohannis and will be published in a few days in the Official Journal; however, it will only become applicable in 2016. It brings very important changes regarding the tax on profits, dividends, social security contributions or VAT, therefore this subject will be detailed in a subsequent edition of “Le Petit Journal”.


SUPPORT FOR ENTREPRENEURS


As for the financial sector, the support program for debutant entrepreneurs, which performed well in 2011-2013, became operational again. Thanks to this financial support in the form of a State aid, investors who establish a SRL-D can receive an non-refundable amount of 10,000 Euros, as well as other facilities. Please note that the new SRL-D program no longer imposes an age condition. Therefore, applicants can be over 35 years old, which was not allowed by the former regulations.


CONSUMER PROTECTION


As of September 7, new rules on consumer protection became effective. Thus, consumers’ complaints against trader will be settled by certain entities pursuant to the SAL procedures – alternative dispute settlement procedures.

Nevertheless, these alternative settlement procedures do not apply to disputes between traders, to proceedings initiated by a trader against a consumer or to proceedings regarding consumer complaints processed by traders in accordance with their internal procedures.

As per Government Ordinance no. 38/2015, a new independent structure will be created within the National Consumer Protection Authority. This new structure will be in charge of alternative dispute settlement.

Furthermore, in order to try to settle banking disputes (very frequent and including collective proceedings initiated against banks), the said Ordinance provides the creation of a Center for alternative dispute settlement, as an independent, non-governmental and apolitical authority of public interest. It will ensure the alternative settlement of disputes between consumers and traders whose activity is subject to verification and control by the National Romanian Bank.


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