Articles & Events

Are Microenterprises an Efficient Solution for Replacing Authorized Person (PFA)?

06 April 2016 | Oglinda & Partners

“The battle” between microenterprises and authorized person (PFA) is emphasized by the latest changes brought by the Fiscal Code. “What should one choose depending on his/her needs?” The costs for starting a authorized person (PFA) are significantly lower than the ones for starting a microenterprise. For example, 250 RON for the authorized person (PFA) and 1000 RON for the microenterprises.....

The Authorization for Fire Security: Who is Responsible for Obtaining It in a FIDIC Contract? Part Two

05 April 2016 | Oglinda & Partners

From the first part of the article, published last week, we found out the necessary information for obtaining the authorization for fire security and, more important, who is responsible for obtaining it in a FIDIC Contract. In today’s article, we aim to emphasize which are the consequences of obtaining or failing to obtain the authorization for fire security. How will....

The Packaging Fraud: Are the Economic Operators Liable for the Illicit Actions of OTRs?

04 April 2016 | Oglinda & Partners

A highly debated and controversial issue in the beginning of 2016 returns to public attention these days…. Packaging. To be more exact, the tax on packaging, which food producers threatened to include in the product’s price, causing an increase of 30% in prices. What is at Stake? OUG no. 196/2005 provides, for over 10 years, the obligation of producers to....

Can I interrupt the Negotiations of a Contract when and However I Want To?

31 March 2016 | Oglinda & Partners

The forming period of contract (the period of pre-contracutal negotiation) has a signifiant influence concerning the way in which the prefigured contract will be executed by the parties. It is absolutely necessary that the parties know their rights during this period and, particularly, they should know the limits of these rights and how should they be executed in order to....

New Building Taxes. What Happens to Home-Based Headquarters?

30 March 2016 | Oglinda & Partners

The New Fiscal Code introduces new distinctions concerning building taxes, splitting them into three categories: residential buildings, non-residential buildings and those of a mixt nature. What does the destination of the building refer to exactly? According to the New Fiscal Code: • residential building– a building which has one or more rooms that have a residential usage (are used for....

Excellence in management – Award Gala 2016

29 March 2016 | Oglinda & Partners

Oglinda&Partners participated at the Award Gala for Excellence in Management! Oglinda&Partners participated at the Award Gala for Excellence in Management! We congratulate and applaud all the winners, all the participants and all the businessmen that would deserve to be today on the scene for their work and dedication to be recognized. The categories are: – Best communication and marketing manager;....

The Authorization for Fire Security is Now Mandatory. Who is responsible for Obtaining It in a FIDIC Contract? Part one

| Oglinda & Partners

In Romania, fire is the most common type of risk that can cause emergency situations. The authorizations for fire security are those administrative acts issued by county and Bucharest inspectorates for emergency situations through which the fulfillment of security measures for fire is verified, only after previous site visits are being conducted and document are being verified. An important distinction....

The arbitration pill. To be or not to be…DAB?

25 March 2016 | Oglinda & Partners

Settlements of disputes regarding FIDIC Contracts provide for a two-steps procedure: the first procedura in front of DAB (Dispute Adjudication Board) – sub-clauses 20.2 – 20.4 FIDIC – and the arbitration procedure (sub-clause 20.6). Concerning the DABs’ jurisdiction, sub-clause 20.4 FIDIC provides that ”if a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out....

Legal debates. The contractual clauses considered unwritten.

23 March 2016 | Oglinda & Partners

Bazil Oglindă, Managing Partner at Oglindă&Asociații participed on 14th of March as co-moderator to the legal debate on the subject of clauses considered unwritten, at Artmark Galleries, Bucharest. The legal debate gathered the most important actors in law: academic Paul Vasilescu (Faculty of Law, University Babeș – Bolyai, Cluj-Napoca),lawyer Cornel Popa(Partner Țuca Zbârcea&Asociații), lawyer Marius Iosif (Partner Rădulescu&Mușoi) and judge....

The New Provisions on Public Procurement: An Illusion or an Efficient Change?

22 March 2016 | Oglinda & Partners

The deadline for transposing an EU Directive in the public procurement area is coming to an end. According to the initial deadline, Romania was supposed to adopt a new law on public procurement by mid-April. The new legislative package that is about to replace O.U.G. no. 34/2006 promises to solve all the problems encountered in practice. For this reason, attribution....