Here are the key points and several legal considerations to keep in mind before starting a small business in Romania.
Business Structure: Choose the appropriate legal form for your business, such as:
Limited Liability Company (SRL - Societate cu Răspundere Limitată): Limited liability company, common for small businesses.
Sole Proprietorship (PFA - Persoană Fizică Autorizată): Authorized natural person, suitable for freelancers and small entrepreneurs.
Limited Liability Company - Debutant (SRL-D - Societate cu Răspundere Limitată – Debutant): A type of SRL for start-ups with specific benefits. Each structure has different implications for liability and taxation.
Registration: You must register your business with the National Trade Register Office (Oficiul Național al Registrului Comerțului). This process includes choosing a unique business name, completing registration forms, and providing necessary documentation.
Licenses and Permits: Depending on your business type, you may need specific licenses and permits. Check local regulations to ensure compliance with industry standards.
Tax Obligations: Familiarize yourself with Romania's tax system, including corporate taxes, VAT, and contributions for social security and health insurance. Consult with a tax advisor for accurate guidance.
Intellectual Property: Consider protecting your intellectual property rights through trademarks, copyrights, and patents, especially if you have a unique brand or product.
Contracts and Agreements: Draft clear contracts for dealings with suppliers, customers, and employees. Ensure they include terms regarding obligations, rights, and dispute resolution mechanisms.
Labor Laws: Understand the labor regulations in Romania, including employment contracts, working hours, health and safety standards, and employee rights.
Consumer Protection: Familiarize yourself with consumer protection laws that apply to your business, particularly if you are selling goods or services directly to consumers.
Data Protection: Comply with data protection regulations, including the General Data Protection Regulation (GDPR), which governs how personal data should be collected, processed, and protected.
Legal Advice: It is advisable to consult with a lawyer who specializes in business law in Romania. They can help guide you through the registration process and ensure compliance with local laws and regulations.
Taking these steps can help you establish a legally sound foundation for your small business in Romania and minimize potential legal issues.