Forming an LLC online is the easiest way to start a business in 2024. Below are some important steps to know and follow, documents required in 2024 to set up an LLC.

Creating an LLC online is a service provided by several profile companies, but the procedure can also be completed individually by any interested person.

1. Evolution of the online procedure

The online platform of the Trade Register has existed for a long time, but it was not possible to fully complete the procedure online due to the fact that certain documents had to be certified by a notary, for example, the administrator’s statement and a sample signature. They could also be presented in person before the competent ORC, but both required travel, so the process could not be completed 100% online.

During the pandemic caused by COVID-19, those provisions that required the authentic form of the two mentioned documents were suspended by law, and this was the first step, but also the first time that the procedure was completed exclusively online.

During the pandemic, due to existing restrictions, companies could only be created online. After the end of the pandemic, they came to the conclusion that this way of working is expedient, so they made changes to the law and removed the authentic form.

This fact makes it possible to create an online LLC in 2024 without contacting any institution of the Romanian state.

On the profile website above I have also identified the position of the Trade Register on this:

“The new law achieves simplification and digitization in the field of registration in the register, regulating new mechanisms and canceling documents and procedures:

the procedure for establishing enterprises and their branches completely onlineby providing the necessary logistics and concluding the founding act of the company by electronic means, by integrating it into online services related to registration in the trade register, available on the ONRC online services portal, and issuing a registration certificate in electronic form;

Online mechanisms for submitting all requests and documents related to registration in the commercial register;

The use of a qualified electronic signature and a qualified electronic seal for documents transmitted by means of electronic communication, including for the certificate of registration certifying the existence of the company, which is issued upon registration of the company or upon its change.

2. The creation of an SRL in 2024 requires the fulfillment of certain conditions

Persons who: can acquire the status of lawyer and/or administrator.

• have reached 18 years of age;
• not prohibited by a final court decision (an injunction is a measure applied by a court to a person who lacks prudence);
• persons who have not been convicted of crimes of fraud, breach of trust, forgery, use of forged documents, fraud, embezzlement, perjury, giving or receiving bribes, as well as other crimes provided for by law.

3. Documents to be submitted to the Trade Register

To create an LLC in 2024, the following documents must be drawn up and submitted to the Trade Register:

• Name reservation;
• Identity card of the association and the administrator;
• The act on the basis of which the location of the enterprise is established at the address (it can be a loan agreement or a lease agreement);
• Founding Act of LLC;
• A declaration of personal responsibility, with which the administrator confirms the fulfillment of the conditions of activity for the activities that the company will carry out;
• appendix to fiscal accounting;
• Confirmation of payment of the commission of 128 lei charged by the Trade Register for the settlement of the file for the creation of SRL in 2024;
• Application for registration of a limited liability company.

The structure of the company can be found in the articles of association. The constituent act must contain the following information:

• The company name;
• Address of the registered office;
• Company employees;
• Administrators of the company, the powers they have, the term of their powers;
• Real beneficiaries;
• Subject of activity or CAEN codes, characteristic of the activity to be carried out by the company;
• Social capital;
• Clause on blocking in case of parity of votes;
• Company headquarters;
• Identification data of employees and administrators.

In the content of the founding act, the provisions that the associations agree to may also be specified:

• How benefits and losses will be distributed;
• Cases and situations in which employees can leave the company;
• How voting will be conducted, respectively, how decisions will be made in the company, etc.

4. Reservation of the company name

This is the first step to be taken in the company creation procedure.

To reserve a name, an application form must be filled out mentioning the desired names in order of preference and the application will be uploaded to the ONRC platform. The designation can also be checked on the ONRC website. It is not necessary to send a request to a person at the ORC, but it can be done individually and exclusively online.

5. Submission of documents online to the Trade Register

All of the above documents can be submitted once completed by uploading them to the ONRC platform. As a rule, the file receives a resolution deadline of the next day, the date by which the fee must be paid and proof of payment must be provided.

However, an electronic signature will be required to submit documents online. The file will be resolved and accepted if there are no issues. Company documents are transferred online and signed electronically. With the help of these original documents received by e-mail, the company administrator will open a bank account and deposit the authorized capital.

With documents by e-mail, company representatives will receive the approval and authority necessary for the company to operate legally.

The duration of creating an SRL in 2024 is a maximum of 5 working days.