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In this issue:

Law no. 196/2020 for the amendment and completion of Law no. 297/2018 regarding the National Register for Movable Property Publicity and for the abrogation of the Government Ordinance no. 89/2000 regarding some measures for the authorization of the operators and the registration in the Electronic Archive for Security Interests in Movable Property (Law 196/2020) was published in the Official Gazette, Part I, no. 822 of 8 September 2020 and entered into force on 11 September 2020.

Law no. 196/2020 introduced an additional condition for the enforcement of the documents under private signature which, according to the law, are validly concluded and qualify as enforceable title, namely the condition of their registration in the National Register for Movable Property Publicity (RNPM).

For example, the promissory notes, the bank credit agreements, the personal guarantee contracts concluded by credit institutions, as well as the lease agreements, which have not been concluded in authentic form, will have to be entered in the RNPM, in order to be enforceable.

In particular, the lease agreements concluded under private signature (not in front of a notary public) must be previously registered in RNPM in order to be enforced, according to the amendments introduced in the national legislation by Law 196/2020.

As such, the commencement of the enforcement procedure of the lease agreements concluded under private signature is now conditional upon an additional formality, respectively their registration in the RNPM.

In the current context, the landlords/lessors must register the lease agreements both in the register of leases kept by the Tax Authority (ANAF) and in RNPM, in order to enforce, if necessary, the payment of the rent or the handing over of the leased property upon the expiry date of the lease agreement. 

For more information, please contact Radu și Asociații SPRL team.

 

Prepared by:
Adina Nițescu – Senior Associate, Radu și Asociații SPRL
Loredana Duică – Senior Associate, Radu și Asociații SPRL

For additional information, please contact:
Radu Diaconu – Associate Partner, Radu și Asociații SPRL
Ștefan Mantea – Managing Associate, Radu și Asociații SPRL
Elena Lăzărescu – Senior Associate, Radu și Asociații SPRL