posted in: Business, Law 0

The wrong laws and / or their literally application by officials give birth to monsters!

In early 2002 I was appointed administrator at a newly established company.

In the same year, one of the two associates of the company decided to wind up the company and dismissal of all employees, including the administrator, assuming all company documents, stamps, and inventory.

He then suspended business activities without paying taxes to the state.

In 2007, I received an order that the administrator of the company (as the associate did not change him from this position, as promised, amending the Articles of Incorporation regarding the dismissal of the administrator) to pay all outstanding taxes, including related penalties.

Since I could prove until after a trial with witnesses only that I have no more connection with the company, I agreed to pay this amount personally provided my release from office. As a result, between the business associates and me ended with an authenticated record according to which after payment of that amount the administrator is removed from office and relieved of any further liability. I sent the proof of payment and a copy of the minutes with the change from office we made to the Financial Administration, obtaining there a certification indicating that the company no longer has any debt. According to the agreement between the administrator and associates, “the manager is relieved of any further responsibility and is dismissed and the associated business activity is undertaken, following the associates to make all the necessary changes in the company documents and the Trade Register within 30 days of the conclusion of this protocol “.

Because I have found that the business associations have not proceeded under the Romanian law for companies to register in the Trade Register the dismissal of the administrator according to the report (as former administrator, I had no legal possibility to do so), I asked Mehedinţi Trade Register Office by an registered letter to take action against the associates to comply with the law and to make necessary changes according to the documents I attached to the letter.

The officials from the Mehedinţi  Trade Register Office I spoke refused to consider the documents I submitted, stating that I can not be dismissed unless the associates will come in person at the Mehedinţi Trade Register .

In 2011, I was summoned by the Mehedinţi  Trade Register Office as administrator of the company to the Mehedinti Court to dissolve the company. The court decided, based on the documents I have submitted, to certify that I have no more connection with that company and it was admitted the company’s dissolution.

Following this decision, the Mehedinţi  Trade Register Office gave firm sued again, this time without being nominated as administrator of the company, according to documents posted online by the Court Mehedinţi. The court decided the removal of the company from the Trade Register.

In august this year, I went to the Mehedinţi  Trade Register Office to register as self-employed. Once I have paid all taxes, after some days, I received a notification that my request to work as self-employed was rejected because the company was declared inactive during the fiscal year 2009 and, according to their database, the company was still registered and I am still the administrator of the company, so I was responsible for the inactivity of the company.

At Mehedinţi Trade Register Office, I was told that in order to be registered as authorized individuals I have to reactivate the fiscal record from the Financial Administration .

At the Financial Administration I was told that they cannot take into consideration the documents submitted by me, their only source for this being the Mehedinţi Trade Register Office, where I still figure in as administrator and the company was not canceled.

In conclusion, the answer that I can not register as self-employed, and therefore I am not allowed to work.

Conclusions drawn by me in this situation is summarized briefly as follows:

1. The owner of a company may dismiss an administrator and then to operate the company the way he likes, the old manager being responsible of all the operations as long as the owner does not make the changes the Trade Registry, even if that manager has legal documents proving his innocence.

2. By refusing a person to register as self-employed, especially during the today crisis, it is denied the fundamental right to work of that person.

My question to the officials with whom I discussed was how I live without any income and without being able to work legally; they shrugged and said they did not comment.

Following this hopeless situation, I sent emails with these issues, asking the cancelation of the prohibition to work, to the Ministry of Finance, Ministry of Economy, Trade and Business Environment, National Agency for Fiscal Administration, and the National Trade Register Office. I am still waiting for an answer from these institutions.

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