Documentele necesare pentru deschiderea unei firme in Romania

Oamenii de afaceri care doresc sa-si deschida o firma trebuie sa depuna mai multe
acte la Registrul Comertului si sa urmeze mai multi pasi in vederea constituirii
tipului dorit de companie. Cei care doresc sa inceapa activitatea cat mai repede si
sa nu aiba multe batai de cap pot apela la avocatii nostri care ii vor ajuta cu
infiintarea oricarui tip de firma in cel mai scurt timp.

Principalele documente necesare inregistrarii unei societati sunt urmatoarele:

●rezervarea de denumire a firmei;
●actul constitutiv al societatii care va fi autentificat de un avocat;
●cazierul fiscal al fiecaruia dintre asociati si/sau administratori;
●contractul de sediu social, de inchiriere sau subinchiriere, asociere in
participatiune, leasing imobiliar, contract de comodat, de uz, uzufruct;
●acordul asociatiei de proprietari, daca sediul va fi intr-un bloc;
●acordul vecinilor (cei situati pe verticala si orizontala cu spatiul
dumneavoastra), in cazul unui imobil cu mai multi proprietari;
●copii de pe cartile de identitate sau pasapoartele asociatilor si/sau
administratorilor;
●specimen/e de semnatura al/ale administratorului/administratorilor firmei;
●declaratii pe propria raspundere a asociatului/asociatilor sau
administratorului/administratorilor ca pot indeplini calitatea respectiva -
obligatoriu autentificate;
●imputernicire avocatiala;
●dovada depunerii capitalului social (este necesara recipisa sau un extras de
cont din ziua respectiva) la o banca aleasa de asociatii firmei.

Daca aveti probleme cu obtinerea actelor necesare pentru infiintarea firmei, va
puteti adresa echipei noastre de avocati care va acorda consultata juridica si va
ajuta la obtinerea tuturor documentelor necesare pentru Registrul Comertului.

Recomandam: www.infiintare-firma.ro

The benefits of opening a company in the Netherlands

Foreign investors are attracted to open different types of companies in the Netherlands due to the facilities offered by Dutch authorities and the favorable legal framework. Some of the most preferred types of companies to be incorporated in this country are holding companies and BVs, also known as limited liability companies.

The main advantages for incorporating a Dutch holding as a limited liability company are: low taxes, low costs with the incorporation process and low maintenance costs. The holdings can deduct certain expenses and losses and they benefit from low or zero taxes for profit repatriation. They are not subject to foreign currency exchange regulations and they benefit from the large network of double tax treaties signed by the Netherlands with other countries. Some of the main benefits resulted from the double tax treaties are: no capital gains tax and withholding tax on dividends, no issues related to the double residency and permanent establishment matters, reduced taxes on interest and royalties incomes. There is no legal requirement for holding companies to hire employees. They benefit from a simple incorporation procedure, with no minimum share capital, no audit required for contributions in kind or acquisition of assets etc.

The legal framework for holding companies in the Netherlands is one of the most attractive in Europe.

Foreign investors are also interested in opening limited liability companies in the Netherlands, known as BVs, as the incorporation procedure was simplified and the costs are reduced. There is no need for a minimum share capital, at least one shareholder is required and he/she can also be a manager of the company. The BV can be formed by a lawyer or company formation agent and the investor doesn’t have to be present in person in front of the Dutch authorities. He/she will benefit from low taxation, a prosperous local market and a developed transportation network.

How to open a company in a foreign country

Entrepreneurs from all over the world search for new ways of extending their businesses on the foreign markets where they can benefit from low taxation and new opportunities. They have the possibility to open a branch/subsidiary of their company or to open a new entity, according to the local regulations. Sometimes the foreign investors don’t know how to start the preparations for setting up a company in another country and they need local guidance. In this case, they should contact a local company formation specialist or lawyer who is specialized in company formation matters.

Opening of a company or subsidiary/branch can take from a few days in most of the Western European countries, such as Ireland, to a few months in states that are not well developed. The incorporation procedures can be very simple or complicated according to the bureaucratic process in every country. If you don’t want to travel to another country and spend there a few weeks/months trying to incorporate the company by yourself, it is recommended to contact a local lawyer or company formation specialist. He/she will be in charge with the incorporation procedures and will represent you in front of the local authorities. You need to give him/her a power of attorney and he/she will deal with the whole process in exchange for a certain fee. At the end of this procedure, you will receive the documents you need for starting your economic activity, including the special permits or licenses related to your business.

You can find a lot of companies that offer company formation services, such as LawOfficeMalaysia.com and LawyersIreland.eu, if you search on the Internet and you may choose the one that suits your business objectives and budget.

How to Relocate a Business Abroad

Relocating your business may mean better growth, access to more promising markets and a potential larger business success. Investors need to find out how to relocate a business abroad depending on the particular jurisdiction they target, but also by considering a set of general issues such as the type of company, the business climate and the taxation regime in the new jurisdiction.

Consider the business structure

When deciding to relocate an existing company it is important to explore the types of business structures that exist in the jurisdiction of choice. While there are international equivalents for most of the business forms, like the private limited liability company, investors are advised to get to know the exact characteristics of the business form which is the equivalent of the type of company they wish to relocate. The transition will be simpler from a private limited liability company to its equivalent than to a public limited company for example.

Ireland can be a suitable option if you want to relocate your business to Europe. The country has a simple company formation process, an educated workforce and a low corporate income tax rate.

The experts at LawyersIreland.eu can give you complete information about the types of companies available to foreign investors and the conditions to relocate an existing business in Dublin or another city of your choice.

Tax changes in the new jurisdiction

Investors who choose to relocate their business in Asia have a number of options as far as suitable jurisdictions are concerned. Malaysia is a country that encourages company formation through a series of incentives for businesses. Opening a company in Malaysia is subject to a few steps and registration with the Companies Commission.

Company relocation to Malaysia or another country will include a change in the taxation regime. The corporate income tax rate is usually an important factor when deciding to relocate a company. Ultimately, investors will choose a jurisdiction that offers them advantages over multiple plans, not only taxation.

The tax experts at LawOfficeMalaysia.com can give you more information should you choose to relocate your company to Asia.

Regardless of the jurisdiction you choose, it is always recommended to explore your available option and the local conditions for doing business before committing to relocating your company in another country.

Best Countries for Setting Up Hedge Funds

Investors who want to set up a hedge fund will look for jurisdictions that offer tax advantages and sound market regulations. There are a number of jurisdictions worldwide that are commonly referred to as “tax haven” and what these countries offer is a favorable environment for setting up a fund and generating more profits. Here are some of the best countries for setting up hedge funds.

Why the hedge fund jurisdiction matters

Hedge funds are a type of fund suited for long-term investments that offer flexibility because they allow investors to engage in various investment strategies. A key characteristic is that this type of fund is managed by an investment manager. The process of setting up a hedge fund will differ according to the chosen jurisdiction.

Many international investors choose to set up their hedge funds in offshore locations because of tax neutrality and other fiscal advantages. Luxemburg is one of Europe’s smallest countries and also a well-known fund domicile in the EU.  The country offers economic stability, a very well developed financial sector, and low taxes. You can find out more information on how to start a hedge fund in Luxembourg from a local expert or a tax lawyer.

Countries suited to hedge fund creation

Investors have access to a large number of offshore fund locations, in Europe, Asia, the Middle East or the Caribbean just to name a few. Investors who want to set up funds in Europe can do so in Luxembourg or Switzerland. Opening a hedge fund in the Netherlands is another advantageous option because of the country’s strategic location in Europe and its recognized tax advantages for setting up an international business. Among other EU hedge fund destinations, we can mention Malta, whose attractiveness as a hedge fund domicile is primarily focused on its flexible fund market and a well-established regulatory framework for these types of investment structures. Setting up a hedge fund in Malta is straightforward and investors have numerous options.

The hedge fund is a type of fund that has high investment return and, when based in a favorable jurisdiction, it can become an efficient investment structure.

Setting Up a Company in Switzerland

Switzerland welcomes foreign investors and the country is a popular location for international company headquarters in Europe. Some of the main reasons to invest in Switzerland include a stable economic and political environment, a well-established and transparent legal system, good infrastructure and developed banking and financial sectors.

The process of setting up a company in Switzerland is a simple one and investors benefit from various tax incentives at a cantonal level.

Types of companies in Switzerland

The main types of companies in Switzerland are the corporation (AG), the limited liability company (GmbH), the partnerships and the branch of a foreign company.

The corporation is a widely-used business form that requires a minimumm share capital of 100,000 CHF, with a minimum share value of 0,01 CHF. The Companies Law requires that at least 50% of the capital or 20% of the nominal value of each share (whichever has the highest value) needs to be paid by the date of the first shareholder’s meeting.

Requirements for company registration and management in Switzerland

Investors who want to start a business in Switzerland need to follow a few steps for company incorporation:

-          choose the type of company and an available business name;

-          open a bank account and deposit the paid-up capital;

-          draft the company’s Articles of Association;

-          file the registration documents and forms with the Commercial Registry;

-          register for VAT purposes;

-          register with the Cantonal Social Security Office;

The taxes for companies in Switzerland are levied at a federal and cantonal level. Companies need to observe the applicable tax rates and the requirements for tax filing and annual reporting. Companies observe the Swiss Generally Accepted Accounting Principles (GAAP) and they are subject to audit if they meet two of the following three criteria: balance sheet of 20 million CHF, 250 full-time employees and/or a revenue of 40 million CHF.

Investors who want to open a company in Switzerland are advised to seek professional legal assistance for the entire company registration procedure from our reliable partners - Experten in der Firmengründung Schweiz.

Starting a Business in... China

Foreign investors all over the world have the opportunity to enter the Chinese market, one of the most important in the world, and have access to a market of 1.3 billion consumers. China is the second largest economy in the world and offers the possibility for foreigners to open a special type of company - the wholly foreign owned enterprise (WFOE). The share capital of this company must be provided by the foreign citizen(s)/ legal entity(s) that are founders of the Chinese WFOE.

The foreigners are allowed to take the profits out of China, in their resident countries. They don’t have access to all the economic fields in China, there are some restrictions, but other sectors of the economy are largely opened to foreign investments, such as new technology and equipment, the development of new products or energy preservation etc.

WFOE is a sort of limited liability company and it is a legal entity that can be used for different business purposes. There is a law that regulates the activities of WFOEs in China and, if you need more information about that, you may contact our local lawyers. The minimum share capital for this type of company is different according to field of activity chosen by the investor. 

Other types of entities that can be set up by foreign entrepreneurs in China are: partnerships, representative offices, Hong-Kong or Shanghai free-trade zone companies. The companies opened by foreigners in China must be registered with the State Administration for Industry and Commerce and obtain an approval for operation from the Ministry of Commerce. 

Set up a Car Rental Company in Romania

The local and foreign investors who want to set up a car rental company in Romania must follow a few legal steps for incorporation and they should know that the procedure has been simplified in the last years. The Trade Register functions as a “one-stop” registration office and the incorporation procedure lasts only a few days once all the required documents are submitted.

The entrepreneurs must first decide the type of company they want to open in order to offer car rental services in Romania. The most common types are limited liability company (SRL) for small businesses and joint stock company (SA) for large ones. A foreign investor who wants to set up a company in this field can give the power of attorney to a local lawyer who will be in charge with all the company formation aspects and will provide legal assistance for starting the business. The local attorney will inform you about the special license or permits necessary for your company.

The car rental industry in Romania has developed in the last years and it is expected to grow as the economy is on a positive trend and the number of foreign tourists coming to Romania has increased year after year. Car rental sector increased by 12% in 2015 compared to the previous year due to the large number of foreign tourists who visited our country. A part of the businessmen who invested in this field have targeted also the local citizens interested in renting cars in major Romanian towns. The prices for this service are low comparatively to other European countries or exotic destinations like Dubai (http://www.rentluxurycarindubai.com), so this business has a high potential of growth in the next years. 

For more information about opening a car rental company in Romania, you may contact our lawyers who will present you the entire procedure of company formation and the list of required documents. 

Dutch Company Formation Services in German

As a German speaking person it might be hard to find a Company Formation Specialist in Netherlands for the formation of your company. In this case we recommend our partners INCO GROUP which can assist German nationals in establishing Dutch companies.
Please access the following link:
http://www.companyformationnetherlands.com/de/firmengruendung-in-niederlande

Opening a Company in Hong Kong

Hong-Kong is one of the most famous offshore jurisdictions in Asia and even the world. Businesses setting up there can enjoy easy access to the Chinese market and low tax (or no tax) for their corporate income. Hong-Kong is especially useful when expanding your business in an Asian country as a good location for a holding company. Opening a company in Hong Kong can be done quickly with low costs and a maximum of privacy.

If you want to know more on the basic procedure for establishing a company in HK please see: http://www.cr.gov.hk/en/home

For more general info on foreign investment in Hong Kong please access http://www.censtatd.gov.hk/hkstat/sub/sp260.jsp?productCode=B1040003.