On August 4, 2022, Ordinance no. 18/2022 on the authorization and functioning of representative offices of foreign companies and economic organizations in Romania (“GO 18/2022”) adopted by the Romanian Government has been published in the Official Gazette.

The two main forms of non-governmental organizations that may be established in Romania are the associations and foundations. While an association may be incorporated by at least three domestic/foreign individuals/entities as founding members, a foundation may be incorporated by at least one domestic/foreign individual/entity as founding member(s). Associations are set up in order to carry out activities for the general interest, for the interest of a community or for the non-profit interests of its members and the law does not impose a minimum initial patrimony.

Radu Taracila Padurari Retevoescu has advised Aqua Carpatica founder Jean Valvis on the strategic agreement between the company and PepsiCo.

Is it legal to photograph^[1] attendees to an event and then use the photos, for example, for marketing purposes?

Entrepreneurship in Romania.

Bondoc & Asociatii, working with White & Case, has advised the Stabilus Group on a long-term EUR 450 million credit facilities financing.

Against the background of energy transition and of the states’ need to ensure their energy security in the current geopolitical context, offshore renewable energy technologies have gained increased attention. Today, they have been included in renewable energy policies both in the European Union ("EU") and in the EU Member States, whether we are talking about wave energy, tidal energy, energy produced by floating photovoltaic panels, floating wind turbines and wind turbines attached to the seabed.

We are four months into the conflict between Russia and Ukraine and still a long way from a conclusion awaited by so many people. Beyond the reasons of this conflict and potential outcome lies the dramatic change in the lives of the Ukrainian population. Daily updates in the proportion of displaced Ukrainians paint a vivid picture of the unfolding drama that affects not only Ukraine, but Europe and much parts of the world.

Indicating a patent number on the product or, when in the course of issuing such, the “patent pending” indication applied on either the packaging or the product itself, is typically understood in IP terms as “patent marking”. Patent marking is not mandatory in Romania and, in consequence, there is no standard format for the patent marking to be applied on the patented products.

Popovici Nitu Stoica & Asociatii has advised the Ameropa Group on obtaining a EUR 347 million senior secured multicurrency revolving credit facility from a syndicate of banks including BCR, Raiffeisen, ING, and UniCredit. Nestor Nestor Diculescu Kingston Petersen advised the lenders.

The Law on whistleblowers’ protection was approved on 29 June 2022 by the Chamber of Deputies. 

Zamfirescu Racoti Vasile & Partners has advised Ana Hotels on a hotel management agreement with international group IHG Hotels & Resorts for the operation of the Athenee Palace hotel under the InterContinental Hotels & Resorts brand starting from 2023.

Nestor Nestor Diculescu Kingston Petersen and Dentons announced that Romgaz' acquisition of ExxonMobil subsidiary ExxonMobil Exploration and Production Romania Limited (reported by CEE Legal Matters on May 12, 2022) has now closed.

Filip & Company has advised RCS & RDS and its Digi Spain Telecom subsidiary on a EUR 128 million five-year term loan for investment purposes. Reportedly, Freshfields' offices in Spain and the Netherlands advised RCS & RDS as well. Clifford Chance reportedly advised the financing banks, with Spain's Banco Santander acting as agent. 

Tuca Zbarcea & Asociatii has advised Mol Romania on the development, authorization, and opening of two new service stations on the A2 Motorway.

Grid connection in Romania is mainly regulated by ANRE Order no. 59/2013 approving the public grid connection regulation (the “Connection Regulation”), which has already been amended twice in 2022 (under ANRE Orders no. 17/2022 and 81/2022) and will soon be amended for a third time. Hence, the legal regime governing grid connection is quite a carousel of changes and reshapes.

Romanian DPA case studies – our top 5 picks.

Sustainability is no longer the responsibility of legal, public affairs, and corporate governance departments, but has become a top management priority and a central element of business strategy. One hundred years ago, Henry Ford said that the two most important assets of society – reputation and people – do not appear on the balance sheet of a company. Today, ESG standards come to measure precisely these two intangible assets.