Procedure for acquiring the status of insolvency practitioner by natural persons with the citizenship of another EU member state*
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According to art. 24 para. (1) and (2) of GEO no. 86/2006 regarding the organization and practice of the profession of insolvency practitioner, approved by Law no. 254/2004, with subsequent amendments and completions, natural persons who are citizens of a member state of the European Union or a state belonging to the European Economic Area, including citizens of the Swiss Confederation, may acquire the status of insolvency practitioner according to the provisions of GEO no. 86/2006, under the same conditions as Romanian citizens, under the following conditions:
a. to have completed university studies with a diploma issued by a higher education institution in Romania or another member state of the European Union, or a state belonging to the European Economic Area, recognized by the competent Romanian authorities, according to the law, certifying the completion by the holder of a university degree cycle in law or economic sciences and to have at least 3 years of experience in the legal or economic field from the date of obtaining the higher education diploma;
b. is not found in any of the cases of unworthiness provided by art. 25 of GEO no. 86/2006, namely has not been convicted by final court decision for committing an intentional offense likely to harm the prestige of the profession, including any corruption offense, as well as for the offenses provided by Law no. 31/1990 regarding commercial companies, republished, with subsequent amendments and completions, which determine the legal incapacity to acquire or hold the status of founder, administrator, member of the supervisory board, member of the directorate or director of a commercial company, and Law no. 85/2006 regarding insolvency proceedings, with subsequent amendments and completions.
c. to be declared admitted to the examination for granting the status of insolvency practitioner,
d. to pay the examination registration fee in the amount provided by the Statute regarding the organization and practice of the profession of insolvency practitioner (r5)
All UNPIR members, insolvency practitioners, natural or legal persons, are included in the Professional Register, available at the following link: https://www.unpir.ro/tablou
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According to Art. 32 of GEO 86/2006 regarding the organization of the activity of insolvency practitioners: The decisions of the managing bodies of UNPIR to reject the applications formulated according to art. 30 para. (2), as well as the applications for registration for the examination to obtain the status of practitioner must be duly motivated and may be challenged before the competent court, in accordance with the procedure provided by the Administrative Litigation Law no. 554/2004, with subsequent amendments and completions.
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