Predoiu: The Justice Ministry offers more flexible legal forms for the business environment

"In order to support the business environment and the citizens who have invested in the companies, given the difficulties of carrying out the statutory procedures of the companies derived from the constraints of the pandemic, including the movement of the persons during this period, the Ministry of Justice initiated a draft Emergency Ordinance to facilitate the organization and conduct of the general meetings of associates remotely”, according to the quoted source.

To this end, the Ministry of Justice has published in public debate the draft emergency decree on the modification of the Law on commercial companies by posting on the website at http://www.just.ro/projectul-de-ordonanta-de-urgenta-privind-unele-masuri -in-the-companies /.

"I asked the drafting team from the Ministry of Justice for a project that would facilitate the statutory procedures within companies. Through this project we want to support the functioning of the companies and the unrestricted exercise of the rights of the associates in terms of restricting the possibilities of travel. The business environment needs not only economic facilities, but also more flexible legal forms during this period. The project debated by the Ministry of Justice responds with solutions to these challenges”, Justice minister Cătălin Predoiu has declared.

During the emergency period, the project provides for the possibility of convening the General meetings by correspondence / electronic means (recommended letter / courier / electronic letter with or without extended electronic signature / telefax / any means of distance communication, which ensures the transmission of the text), provided that each shareholder / associate to communicate / have communicated in writing the postal address / e-mail address. Convocation through advertising is still a possibility.

Also in case of emergency, there is the possibility to reduce the call deadlines by up to half and the possibility of carrying out the General meetings by correspondence and / or by electronic means of direct communication (video conferencing, teleconferencing, other computer applications), even if the Constitution does not provide / prohibits, at the choice of the body that has the competence to summon it.

In addition, the vote may be exercised by correspondence / electronic means of direct remote communication.

Similar to the General meetings, there is the possibility of meeting by means of direct remote communication of the board of directors / the supervisory board / the board of directors.

The project also provides for the extension of the term of the General meetings meeting for the approval of the financial statements for the financial year 2019 until July 15, 2020, correlated with the new term for submitting the financial statements to the Ministry of Finance, extended (by the Emergency Ordinance adopted in 9.04.) until 31 July 2020.

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