On the International Day of Families, the article analyzes the role of the family in the continuity of a business and the major risks when the business depends entirely on a single person and a single signature. Critical situations (illness, accident, temporary incapacity or death) that can block operations, bank relations, contracts and current decisions are highlighted. The material proposes directions for legal prevention to protect the entrepreneur's family and the company, through early planning and clear decision-making and representation mechanisms. It is a real opportunity to reflect on your own situation and look for solutions if you have not yet managed to secure your family situation, in case of "something unforeseen".
Our article explains, in a way that everyone can understand, why the promise of sale-purchase can hide significant risks for buyers who pay the down payment before a rigorous legal check. It presents the frequent situations encountered in practice, when the term of the promise expires without the transaction being finalized, and buyers reach the lawyer too late. The emphasis is on the importance of analyzing the property history and relevant opinions, in order to identify problems that may block the sale in advance. We want to protect your interests without tiring you with strictly legal terms and concepts.
Our material highlights the risks of an administrative approach in which ANAF ends up being simultaneously the accuser and the decision-maker, in the preliminary tax procedure, without the court filter specific to insolvency (art. 169 of Law 85/2014). We show how the presumption of guilt sometimes automatically applied to the administrator can be dismantled and what role the documents and explanations submitted at the taxpayer hearing stage have. The essential criticisms are summarized: the need to prove intent, the impossibility of equating insolvency or lack of liquidity with fraud and the tax authority's obligation to support its accusations with evidence.
Briefly and to the point, for those who want to close a company, we analyze the two possible paths: company dissolution versus insolvency proceedings. It is a useful and concise guide for anyone who wants to understand which of the 2 options is suitable for their specific situation. We can provide you with support as lawyers and judicial administrators.
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We provide legal entities and individuals with legal advisory services on specific legal issues they face. We formulate written legal opinions in complex situations.
We ensure the drafting and support of subpoenas before the courts of any level in Romania, including the High Court of Cassation and Justice in Bucharest and the Constitutional Court of Romania. We formulate written defenses through pleadings, meeting notes, written and oral conclusions, we support your legitimate interests and rights by all legal means.
Do you have a legal problem in Timisoara? Contact us and we will find the optimal solution together.