Attorney at LawDavid EmiliaPartner — SCP Peticaru, David & Asociații

SA (joint-stock company) formation

Setting up a joint-stock company (SA) is intended for investment projects, large-scale businesses and companies seeking to raise capital or to develop an extended shareholding structure. The procedure involves preparing the documentation and registering the company with the Trade Registry (ONRC), in compliance with the requirements provided for by law.

The process of setting up an SA includes reserving the name, establishing the registered office, choosing the CAEN codes, drafting the articles of association and preparing the documents necessary for registration. The file is filed with the Trade Registry (ONRC), and once the procedure is completed the company acquires legal personality.

Depending on the structure of the project, the share capital, the shareholding, the administration and management bodies, the way the company is represented and the rules concerning its operation are established. These elements must be adapted to the development objectives and the specific requirements of each business.

Compared with other forms of organisation, setting up a joint-stock company involves a more complex legal structure, and the decisions adopted at the formation stage influence the administration, corporate governance and long-term development of the company.

An SA that is correctly formed from the outset ensures a solid legal structure, reduces the need for subsequent changes and creates the conditions for developing the business within a stable legal framework.

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