DRAFT LAW FOR THE STIMULATION OF THE ESTABLISHING OF THE MICRO ENTERPRISES BY THE ROMANIAN CITIZENS WITH RESIDENCE IN A FOREIGN COUNTRY, WHO ESTABLISH THEIR RESIDENCE ON THE ROMANIAN TERRITORY

By this draft law is seeking the granting of some facilities for the micro enterprises newly constituted, headed by entrepreneurs – Romanian citizens with residence in a foreign country, who reestablish on the territory of the Romanian State and who develop an economic activity, through a limited liability company.

The conditions which the beneficiary of the facilitation must accomplish are the following:

  • He is a Romanian citizen and has full legal capacity of exercise;
  • He had his residence outside the country for at least 5 consecutive years;
  • He register the limited liability company in the Trade Register in the first 6 months since the reestablishing of the residence on the territory of the Romanian state;
  • He does not hold the quality of shareholder, associate, or member of the management body of a company founded in Romania;
  • He completes a Declaration on own responsibility, under the penal penalty, by which he attest the fact that he had the residence outside the country for minimum 5 consecutive years,
    Declaration which he shall submit at the Trade Register Office at the moment of the Company’s registration.


As well, the micro enterprise shall accomplish the following cumulative conditions in order to comply with the program of facilities:

  • It is a limited liability company and functions for an unlimited period, according to Law no. 31/1990;
  • It is constituted by a Romanian citizen entrepreneur having his residence in a foreign country, who reestablish on the Romanian territory, as a sole shareholder, or by the most 3
    entrepreneurs, in which case the conditions for the beneficiary of the facilities must be accomplished by each founder member;
  • It is managed by the sole shareholder, by one or more directors appointed among the shareholders;
  • It has in its object of activity at most 5 groups of activity provided by the Classification of the activities from the national economy in force.


The object of activity of the micro enterprise cannot include the activities of gambling, weapons, munitions, explosives, substances under national control, narcotic drugs and psychotropic substances and preparations production or trade, as well as the activities excluded by the European norms for which the state aid cannot be granted.

The facilities by which the Romanian citizens having the residence in a foreign state shall benefit are:

  • The exemption from the tax payment for the registration procedures conducted before the Trade Register for the registration of the micro enterprise;
  • Counseling, training and support provided by the Territorial Office for Small and Medium Enterprises and Cooperative (O.T.I.M.M.C.) within whose jurisdiction it is its headquarter.
  • Exemption from the social security contributions payment due by the employers for the incomes afferent for the for time worked the most 4 employees, employed for an indefinite period. The exemption afferent to each employee shall not be granted for the monthly wages which exceed the equivalent in RON of EUR 500.
  • Exemption from the income tax if the profit is fully reinvested;
  • Guaranties granted by the National Fund of Credit Guarantee for the Small and Medium Enterprises for the loans granted by the beneficiaries in order to achieve the business plans
    accepted by the Agency for the implementation of Programs and Projects for Small and Medium Enterprise to the most 80% of the value of the requested loan, within the amount of 80.000
    Euro or its equivalent in RON.


Issuer: the Parliament of Romania