Temporary registration of legal entities having the nationality of another EU member state as insolvency practitioners*
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According to art. 24 paragraphs (1), (2) and (4) of GEO no. 86/2006 regarding the organization and exercise of the profession of insolvency practitioner, approved by Law no. 254/2004, with subsequent amendments and completions, natural or legal persons having the nationality of a member state of the European Union or a state belonging to the European Economic Area, including 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 legal persons, under the following conditions:
Under the conditions of art. 24 paragraph (7) of GEO no. 86/2006, legal entities established in a member state of the European Union or the European Economic Area where they legally carry out the activity of insolvency practitioner may be registered in the UNPIR Registry, in order to exercise the profession temporarily or occasionally in Romania, under the conditions of this emergency ordinance, with the status of insolvency practitioner acquired in the state of origin being automatically recognized.
The temporary exercise of the activity consists in carrying out the activity for a limited period which must be indicated by the applicant. Occasional exercise means carrying out the activity of insolvency practitioner for a single debtor from the opening of the procedure until its closure.
All UNPIR members, insolvency practitioners, natural or legal persons, are included in the Profession Registry, available at the following link: https://www.unpir.ro/tablou
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According to Art. 32 of GEO 86/2006 on the organization of the activity of insolvency practitioners: The decisions of the governing bodies of UNPIR to reject applications submitted according to art. 30 para. (2), as well as applications for registration to the exam for acquiring the status of practitioner must be properly motivated and can be challenged before the competent court, in accordance with the procedure provided by the Law on Administrative Litigation no. 554/2004, with subsequent amendments and completions.
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