Workshop On Labor Legislation With Practical Reference
Attorney at law, Christian Weident, head of the department of labor law at STALFORT Legal. Tax. Audit. will present a workshop on "Labor Legislation With Practical Reference" at the location of the German-Romanian Chamber of Commerce (AHK), on September 8th, 2010.
The Romanian labor legislation significantly differs from the German one, in both the individual and the collective field. Foreign investors, who do not have the necessary know-how, therefore may easily face legal threats. Even Romanian companies with years of experience stumble repeatedly into legal and practical pitfalls of labor legislation. If an employer made only minor mistakes, he has usually hardly any chance of success in any legal dispute.
The goal of the workshop is to generate awareness on important issues of the labor legislation and to offer approaches to practical solutions. The seminar covers practical topics of the main themes of the Romanian labor legislation, including individual employment provisions, collective labor legislation, labor disputes, and recent legislative changes.
The seminar will be offered both in German and in Romanian, each of them will last 3 hours. Interested parties can register with Mrs. Manuela Moncea at AHK, Tel: +40 21 223 15 35.
Amendment to the Law on the stimulation of energy from renewable sources
On July 9th 2010, the eagerly awaited Law regarding the revision and completion of Law no. 220/2008 on the stimulation of energy production from renewable sources ("ReS-Law") has been published.
The most important new provisions are:
- The stimulation system based on fixed prices, as provided in the original version of the ReS-Law, has been abandoned. Such stimulation of renewable energy will be realised by a combination of mandatory quotas and trading of green certificates instead.
- Energy production from bio-fluids will be stimulated in future.
- The new version of the ReS-Law provides high duty ratios for purchasing renewable energy (as much as 8.3% of the total delivered energy for 2010). However, the regulatory authority ANRE shall adjust the purchasing quotas for green certificates annually, based on certain conditions from the previous year.
- The non-observance of the minimum purchasing quota will be more costly in the future.
- The number of green certificates which producers of energy from renewable sources will be entitled to receive has been raised, especially for wind, solar and some hydropower plants.
- The incentives for producers of energy from renewable sources, provided by the original version of the law, have been abandoned.
- Application provisions for the amended ReS-Law are pending. Moreover, the actual implementation of the new ReS-Law stills requires the approval of the European Commission.
Mandatory Registration In The Registry For Intra-Community Operators
Are you doing intra-Community business? Then you will be subject to new registration.
Due to the Emergency Ordinance (EO) No. 54/23.06.2010 dealing with "measures to combat tax evasion", all taxable and non-taxable legal entities that carry out intra-Community transactions, will have to be registered in the special Register for Intra-Community Operators (Registrul operatorilor intracomunitari) managed by the tax authority ANAF, starting with August 1st, 2010.
Failing or comply may trigger a fine as well as the invalidation of the taxpayers ID for intra-Community transactions.
Applications for registration can and should now be submitted as soon as possible, because waiting with the application until just before August 1st might result in long waiting time.
Besides the application for registration, the applicant will have to submit a certifticate of good conduct for all associates (entities inclusively) as well as for all administrators.
Due to the very short term for the implementation of the new provisions, the authorities, which already faced a high workload, have become overloaded. There is no unitary practice within the country. We recommend contacting the local authorities. Further details are available at any of our offices in Romania (for details see our contact page).
Presentation Of Legislative Changes In The Field Of Renewable Energies
Lawyer Dr. Raluca Oprisiu will speak at the general meeting of the German Business Club Transylvania (www.dws.ro) on July 7th 2010 about current legal developments in the field of renewable energies. Only in June this year, the Romanian Parliament decided to introduce far-reaching changes to the relevant legislation, which will shortly enter into force.
STALFORT accompanied a number of projects in renewable energy in Romania. In the early stage clients are specifically counselled in relation to the optimal corporate structure for the project applicant, so that one can successfully apply for the maximum of the available EU funding from the various funds and any national funding. Subsequently, the legal situation of the land on which the investment project to be realized is reviewed. All civil and corporate contracts, needed by project developers and operators for the realization and implementation of energy projects are then prepared, with particular consideration of fiscal aspects.
The review of supplying agreements with energy suppliers, the representation of interests against administrative authorities, especially regarding the problems with the National Office for Energy Regulation (ANRE) also plays an important role. As well as the exercise of the interests of clients in disputes in planning permission, and appeal procedures.
Extensive changes of the Romanian taxation law since July 1, 2010
The Romanian government adopted emergency regulations by two far-reaching changes of the taxation law, which came into force on July 1, 2010 and are for companies and private individuals of considerable legal and practical importance.
6th Conference of INSOL Europe for Eastern and Central European Countries - Lecture about Bankruptcy held by Mihai Macovei, Attn. At Law
STALFORT Legal. Tax. Audit At was represented by Mihai Macovei, Attn. at Law, at this year's 6th Conference of INSOL Europe for Central and Eastern European countries on 07.-08.05.2010. Far more than 150 guests from 17 countries attended this huge conference.
Stalfort advised LEONI on the takeover AEES Power Systems SRL
STALFORT Legal. Tax. Audit advised the automotive supplier Leoni Wiring Systems Arad SRL, a company of the Leoni Group, with the takeover of the cable manufacturing business, execised until recently by AEES Power Systems SRL based in Beuis (Arad County). The latter belongs to the AFL-Group, the takeover has been dealt out with the California based investment company Platinum Equity, which ran the business. Leoni took over the business with all 370 employees as a result of a contract for the supply of cables for commercial vehicles. The Leoni Group has already three plants in Romania: in Pitesti, Bistrita and Arad. Between awarding the contract to STALFORT and the completion of the acquisition passed only 4 weeks. The Stalfort team was conducted by the lawyers Andrada Sarb (real estate law), Christian Weident (labour law) and Carmen Castaliu (company law). STALFORT Legal. Tax. Audit. has a long-standing relationship with its mandate Leoni. The office advises the automotive supplier since its market entry in Romania in 2001.
KAS Program for Sustaining Young Legal Talents - Dr. Gisbert Stalfort, Attn. At Law, spoke about "The Role of Elites in a Democratic Society"
Dr. Gisbert Stalfort took part - among high ranking officials like Germany's ambassador in Romania, HE Andreas von Mettenheim, and the Romanian Minister of Justice, Catalin Predoiu - in the conference for supporting young legal talents on 03.03.2010, organized by the Konrad Adenauer Foundation (KAS). Under the "Rule of Law Program South East Europe" KAS organized at the beginning of last March this year the "opening conference for the first youth leadership program, Leaders for Justice 'for young lawyers from Romania" in the Athenee Palace Hilton Hotel in Bucharest.
[f.l.t.r.: Dan Stoica (Vice-President So-Just), Dr. Gisbert Stalfort, Dr. Stefanie Ricarda Roos (Director law program South-East-Europe), Dr. Stefan Deaconu (Legal Adviser to the President of Romania), Andreas von Mettenheim (Ambassador of the Federal Republic of Germany in Romania), Dr. Catalin Marian Predoiu (Justice Minister of Romania)]
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