Is it mandatory for any company to have a headquarters?
Yes, the headquarters is a fundamental element of any company.
Just as every individual has a home, it is also necessary for legal persons to have a place to which they belong, called the headquarters. This headquarters must also be found in the Articles of Incorporation of the company.
Why is headquarters important?
No society can exist without its headquarters. In addition, the headquarters is very important for the following reasons:
- will be mentioned on all bills issued by the company and in the contracts concluded by it
- it is the place where you will receive any official correspondence
- depending on the headquarters , it is established which court is competent in case of a lawsuit
ex. if you want to sue a company from Sibiu, you will have to submit the application to the court in this locality
- it is the place where you can receive controls from the authorities, such as ANAF, DSP, DSV, ITM etc.
- depending on the company’s headquarters, its nationality is determined
ex. companies registered in Romania are legal entities under Romanian law, while companies registered in Bulgaria are subject to Bulgarian law
- the registration of the company and any changes thereof (headquarters, administrators, associates) are made at the Trade Register attached to the court corresponding to the headquarters
ex. if you want to set up a company based in Buzau you will submit the application to the Buzau Trade Register.
Where and how can the headquarters be established?
The headquarters of a company may be established at:
- the company office
- the house of one of the associates or administrators
- in another location, based on a loan agreement or rental agreement
- to a lawyer, for a maximum of 1 year. After this period, the location of the headquarters must be changed
How is the headquarters registered?
When setting up the company or changing the headquarters, you need to have a copy of the deed of ownership for the space in the file in addition to the rental agreement.
It is possible to establish more headquarters throughout the building.
If you do not have activity at the headquarters, the consent of the neighbors is no longer required, on the basis of a self-declaration that there is no activity at the headquarters.
What happens if the office expires?
If the period for which the headquarters has been established expires, without being extended by an additional act or changed to another location, the company may be declared inactive by ANAF.
In this case, several serious consequences can occur, such as: the registration of the facts in the tax record of the legal representatives of the company, the impossibility of deducting the expenses on the company, even the dissolution of the company.
On the expiration date of the headquarters, it must either be extended to the same address or changed to a different address.
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