log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Nestor Nestor Diculescu K

Sort By Title  |  Sort By Date

Aspects of Immediate Interest Concerning the Adjudication of Civil Lawsuits During the State of Emergency
Nestor Nestor Diculescu Kingston Petersen, March 2020

We have already entered a state of emergency pursuant to the Decree issued by the President of Romania imposing a state of emergency on the territory of Romania, published in the Official Gazette Part I no. 212 on March 16th, 2020 (the “Decree”), and we can already see the changes and reactions triggered by this situation. The state of emergency proclaimed for a period of 30 days starting from March 16th, 2020 has a far-reaching impact in all domains...

Impact of COVID-19 on Holding the General Shareholders Meetings
Nestor Nestor Diculescu Kingston Petersen, March 2020

March and April are the months during which companies generally hold their annual general meeting of shareholders (GMS) having on the agenda the approval of the financial statements, of the budget and of the business plan. The annual GMS is particularly important as it gives the opportunity for shareholders to meet and discuss directly with the management and the other shareholders on the past and future activity of the company...

Public Procurement Under State of Emergency
Nestor Nestor Diculescu Kingston Petersen, March 2020

Following the COVID – 19 outbreak in Romania, the President of Romania issued the Decree no. 195/2020 (the “Decree”) for proclaiming a 30-day state of emergency effective 16 March 2020...

NNDKP Sets Up COVID-19 Legal & Tax Resource Center
Nestor Nestor Diculescu Kingston Petersen, March 2020

As the COVID-19 pandemic continues to spread across the globe, disrupting lives, communities and businesses, and putting countries under considerable strain, Nestor Nestor Diculescu Kingston Petersen (NNDKP) has set up the COVID-19 –Legal & Tax Resource Center. Thereyou can access valuable knowledge and legal insights with respect to the implications of the coronavirus in various fields in Romania...

Continuing the business under State of Emergency – interacting with the Trade Registry
Nestor Nestor Diculescu Kingston Petersen, March 2020

The 30-day state of emergency was proclaimed by the President of Romania, in the context of the COVID – 19 outbreak in Romania. The Decree no. 195/2020 (the “Decree”) instituting such state of emergency is effective as of 16 March 2020 and substantially impacts not only the day-to-day life, but the businesses too...

The Regime of Limitation Periods During the State of Emergency
Nestor Nestor Diculescu Kingston Petersen, March 2020

Pursuant to Decree no. 195/March 16th, 2020, published in the Official Gazette of Romania no. 212/March 16th, 2020, the President of Romania instated a state of emergency on the entire territory of Romania, for a period of 30 days, starting from March 16th, 2020...

Coronavirus: Stay Healthy and be GDPR Compliant
Nestor Nestor Diculescu Kingston Petersen, March 2020

In the past months, coronavirus disease (COVID-19) outbreak has been a major topic of interest worldwide and continues to be a source of concern for all businesses across industries. Among the significant disruptions brought to the global economy, COVID-19 has a direct impact on the workplace. Various companies have already struggled to find out solutions to mitigate risks related to COVID-19 and to ensure business continuity...

2019 Romania - Call for Petroleum Blocks Tender. A Breath of Fresh Air?
Nestor Nestor Diculescu Kingston Petersen, August 2019

In a country with a significant number of mature fields and few discoveries made and/or developed in the last years, the Romanian National Authority for Mineral Resources has recently launched a public call for tender for the concession of 28 exploration, development and exploitation petroleum blocks, both onshore and offshore (Licensing Round XI/2019)...

Draft Order of ANRE for the Application of GEO 114/2018
Nestor Nestor Diculescu Kingston Petersen, February 2019

On December 29, 2018, Government Emergency Ordinance No. 114/2018 on the establishment of measures in the field of public investments and of fiscal – budgetary measures, the amendment and completion of certain normative acts and the extension of certain deadlines (“GEO 114/2018”) was published in the Official Gazette...

Amendments in the Field of Construction and Infrastructure Projects in Romania
Nestor Nestor Diculescu Kingston Petersen, September 2018

The beginning of 2018 has brought certain amendments in the field of construction and infrastructure projects in Romania, by means of a new enactment which shivered the contractors' professional life who were used to the FIDIC provisions until this moment. The Government Decision no. 1/10.01.2018 (the “GD no...

The Award of Administrative Contracts - New Benchmarks for Review Procedures
Nestor Nestor Diculescu Kingston Petersen, June 2018

After a sustained legislative marketing activity that started earlier this year, Government Emergency Ordinance 45/2018 amending and supplementing certain regulatory acts with impact on public procurement was published in the Official Gazette no. 459...

CJEU Guidance in Merger Cases: Qualification of a Measure as Gun-Jumping Requires Contribution to a Lasting Change in Control of the Target
Nestor Nestor Diculescu Kingston Petersen, June 2018

How to strike the right balance between (i) the business need to take preparatory steps in view of integrating the target in M&A deals and (ii) the legal requirement to comply with the standstill obligation under merger control rules?...

An analysis of certain atypical, but predictable situations in the field of contractual liability. When can a framework agreement give rise to contractual liability?
Nestor Nestor Diculescu Kingston Petersen, May 2018

“The framework agreement is an agreement whereby the contracting parties define and establish the main rules and conditions that will govern future agreements that will be concluded between them and that are called agreements “for the application” or “for the enforcement” of the framework agreement.” (High Court of Cassation and Justice Decision n0...

When a Joint Venture Faces Insolvency
Nestor Nestor Diculescu Kingston Petersen, March 2018

Insolvency that stems from the obligations assumed by a joint venture may concern any of the associates. Such proceeding, especially when it has an international dimension, requires a broader perspective on some of the requirements set forth by law with respect to the initiation and application of the proceeding. Through its effects on the debtor, creditors and on the socioeconomic environment in general, insolvency is more than a mere legal procedure...

Romanian Government Approves Draft Law on Mining Activities
Nestor Nestor Diculescu Kingston Petersen, November 2017

The Romanian Government has recently approved a draft law on mining activities that is intended to replace the existing law. In order to be enacted, the draft law needs to pass the Parliament test, which means that it will not come into force this year. In addition, the draft can suffer many changes in the parliamentary proceeding...

Practical Benchmarks Regarding the Recognition and Enforcement in Romania of Court and Arbitral Judgments Rendered in Foreign Jurisdictions
Nestor Nestor Diculescu Kingston Petersen, September 2017

In a world that is becoming increasingly globalized, the law serves as a powerful tool in improving economic and social conditions. In such a world, trans-border judicial proceedings, or, as legal scholars call it, "legal disputes with extraneous elements" demand a certain consistency and predictability...

Gambling - An Industry of Adrenaline
Nestor Nestor Diculescu Kingston Petersen, June 2016

Since at the end of this month, specifically on 30 June 2016, the first interim rights to operate remote gambling, granted by NGO, will expire, we expect to see the first licenses (Class I) and the authorizations to operate and exploit remote gambling in Romania entering into force on 1st of July 2016...

New amendments to the public procurement legislation in Romania
Nestor Nestor Diculescu Kingston Petersen, May 2016

The implementation process for the three new European directives (i.e. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement. Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts...

IP In Romania: Trademark E-filing Launched In Romania
Nestor Nestor Diculescu Kingston Petersen, April 2014

The New Year brought good news for Romanian intellectual property counselors. The Romanian State Office for Inventions and Trademarks (SOIT) introduced the trademark E-filing system...

Holding Legislation in Romania
Nestor Nestor Diculescu Kingston Petersen, November 2013

The Romanian Government has approved the necessary legislative amendments to create a holding regime in Romania, the ordinance being published in the Official Gazette on Friday, November 15, effective as of January 1st, 2014.   The ordinance includes profits tax exemptions for Romanian holding companies as regards revenues from dividends received, revenues from the sale of shares and revenues from the liquidation process...

Is Reconciliation of Divergences with the Competition Council Near?
Nestor Nestor Diculescu Kingston Petersen, March 2008

The last years have revealed significant divergences between the Romanian Competition Council and the High Court of Cassation and Justice regarding certain merger notification aspects. A recent High Court of Cassation and Justice decision seems however to indicate a potential reconciliation of the positions of the two authorities.The Competition Law no...

Doing Business In Romania 2008
Nestor Nestor Diculescu Kingston Petersen, February 2008

Legal system1. What is the legal system (civil law, common law or a mixture of both)?Romania has a civil law system.Foreign investment2. Are there any restrictions on foreign investment (including authorisations required by central or local government)? There are only a few restrictions on foreign investment. For example, foreign persons cannot acquire land, subject to a limited number of conditional exceptions. 3...

Taking Security in Finance Transactions
Nestor Nestor Diculescu Kingston Petersen, January 2008

Real estate 1. Please briefly state what is considered real estate in your jurisdiction. What are the most common forms of security granted over it? How are they created and how are they perfected (that is, made valid and enforceable)?Under Romanian law, real estate (generally known as immovable property) covers land, buildings and those movable assets attached to land or buildings as fixtures...

Real Gains in Romania
Nestor Nestor Diculescu Kingston Petersen, November 2007

In recent years, Romania witnessed a continuously growing real estate market, along with a sustained rush of investors, including many foreign ones, eager to secure prime locations for their future development projects.On such a rapidly expanding market, it has been difficult at times to implement sophisticated real estate projects, as the country’s legal framework in the area of real estate did not change overnight, despite Romania’s recent accession to the EU...

A Growing Practice for Leveraged Acquisition and Certain Related Corporate Constraints
Nestor Nestor Diculescu Kingston Petersen, May 2007

Romania¡¦s yearly economic growth has triggered in the past few years an increased interest for investment in the existing domestic companies. Most of the financial investors seek to leverage their acquisitions and expect the possibility to use the target companies¡¦ assets to such purpose. This article will briefly review corporate limits and prevailing interpretation.Prohibition of financial assistanceRomania has implemented the provisions of art...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020