THE AMENDMENTS BROUGHT TO THE ROMANIAN OCCUPATIONS CLASSIFICATION

In light of the new legislative amendments introduced by Law no 22/2014, shall be established the express prohibition concerning any association denomination which shall not be identical or similar to the name of another non-profit associations. For a name that does not belong to an association of such other legal entity to be appropriated, is required its enrollment in the National Register of Non-profit Organizations.

In equal measure, it shall be prohibited also using in any association denomination of phrases or words which could create a state of confusion in comparison with the name of other public institutions or authorities. For example, they cannot be used the words or phrases like: "Commissioner", "District", "Guard", "Authority", "Police", "Constabulary", "Consumer Protection" or their derivatives.

Also, it shall be forbidden to use in the association denomination of words or phrases that include the name of any professional structures established under national law (for example: “Bar”, “Chamber”, “National Union of Bars of Romania”, “Union national Public Notaries in Romania”, “National Union of Bailiffs “, “Mediation Council”, “Council of the National Union of Public Notaries in Romania”, “Council of the National Association of Romania ” etc.).
The Ministry of Justice shall refused justifiably to issue the proof regarding the denomination association availability in case that it shall be established the intervention of one of the above-stated restrictions.

The Branches or the subsidiaries of the Associations shall not poses a different denomination than that of the Association or the Foundation, the sanction to be applied being the absolute nullity of its Constitutive Act and the Statute of the branch or subsidiary concerned.

In the end, the Law no 22/2014 obliged the Associations and the Foundations, as well as the the Federations legally constituted at the date of entry into force of the normative act to proceed to change its denomination, in case of inconsistencies in relation to the new prohibitions set out above.
Otherwise, the penalty incident is dissolving by law based on the decision of the court competent in whose area the Association or the Foundation is situated, as well as the radiation from the Associations and Foundations Register after expiring the period of two years within which these legal non-profit entities can use both the original denomination.

Published in the Official Journal of Romania no 188 from 17.03.2014
The Act has entered into force at 20th of March 2014
Issuer: Romanian Parliament