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Presentation d.a. english

  1. 1. OUR COMPANY Who we are The business consulting Dumitrescu & Partners company from Timişoara intends to presentitself, now also with the help of the web site, with its competences and experience in the field ofcommercial companies, agreements, taxation and intellectual property. Dumitrescu & Partners is a company of business consulting and house administration foundedin Timişoara in 2002. Once the specific legislation came out and the associative organizations in this domain havebeen founded, such as The Legal Boards Association, the Dumitrescu & Partners companybecame the first company of business consulting and home administration from the Western part ofRomania affiliated to them. In its short but dynamic career, Dumitrescu & Partners Company proved professionalcompetence and a high level of morality of the corresponding companies from the inter-warRomania, whose successor would like to be. Working for big companies and strategic investors from the Western part of the country, weproved with difficulty, but with joy of success, the high level of Dumitrescu & Partners Companycompetence.Philosophy of the Company We would like to let you know hereby about the characteristics and philosophy which defineour activity. We have always proved to our clients the competence and experience of our company in orderto protect their interests with professionalism, this representing our way of acting and the resultachieved for most of the cases. Loyal to the traditions of large law firms from inter-war period, but at the same time, loyaltowards the oath sworn, we will always keep confidentiality for the tasks assumed and informationwe received. The deference we have for the law court or the administrative institutions, which we arecollaborating with, will never lose our dignity with which we protect our clients’ best interests. Weteach our client companies about the economical efficiency and its advantages and although we
  2. 2. cannot adopt other methods for our company, expeditiousness and efficiency for solving the tasksbeing our only lasting option. Being in the centre of large consulting companies from the Western part of Romania, but notaffiliated to any local group of interests, Dumitrescu & Partners company knows how to keep itsprofessional independence, what it aims at represents the complete dependence on the success of itsactivities.
  3. 3. SERVICES CompaniesSetting up companies Dumitrescu & Partners Company meets all formalities for setting up commercial andcivil companies of any type. Types of economic organization forms: authorised natural person or family association;companies with legal commercial type of personality: Limited liability company, joint-stockcompany, private company, limited partnership company and limited joint-stockpartnership company, or of civil type: associations, foundation, professional civil companyfrom domains as legal profession, medicine, etc., represent the main element which offers thecompany to achieve economical, social, professional, moral, political objectives. We start by typewriting the constitutive documents, an activity that involves discussions anddebates in order to identify the client’s wishes and hopes for choosing the activity domains of thecommercial company or the conditions of functioning, and we want to be next to the clientcompany for the entire period of its activity. Since 98.7% of the companies registered in Romania are companies with limited liability,there is this logical and natural preoccupation of our company for this particular type of company.In the domain of existence of this type of organization, we achieved most of our successes and weare proud to say that we set up dynamic companies – srl turning today into types of legal conceptionand good economic functioning. Although rare in number and maybe too elaborated in conception and functioning, the joint-stock company is for accumulating and administrating great capitals necessary in the branches ofglobal contemporary production. There are maybe few consulting companies in the area which cancommend with our Dumitrescu & Partners company’s portfolio regarding joint-stock company,our collaboration starting with large monopolist state companies and going to dynamic privateeconomic groups. We are local leaders in setting up a company as we are commend ourselves with impressiverecord number of nongovernmental organizations setted up by us. The success of your firm is bornwith the first document of its existence, meaning the constitutive document. Do not hesitate to lookfor success by using our expertise in the field.
  4. 4. Changing companies The changing and the permanent conformation of the companies, with all the legal andbureaucratic inplications represent a main preoccupation of Dumitrescu & Partners consultingcompany, which analyses, conceives, typewrites and registers all the necessary documents in orderfor your company to successfully continue its activity. By having a place of work, a secondary social place or adding new domains of activityto the constitutive document, obtaining new authotrizations may lie the proof of some positiveevolutions in the activity of a company. At the same time, closing down the places of work or the activity suspension represnt asignal for the need of a past evolution and potential analysis of the society, which can determine amarket study or the improvement of business plan. The activity of the companies is not strictly related to the founding natural persons’s activity,so that sometimes, Dumitrescu & Partners creates social parts or shares cession and theirtransfering by succession. A division report typed by us explains in 242 pages, the legal and economical reasons thatdetermined the shareholders to decide the division of the society. We then have succeeded to provein front of the fiscal organs, with professional economic analyses, that the evolution of the tworesulting companies on the market would be much better than the potential evolution of the oldcompany. With another occasion, although the partners and administrators of a company withlimited liability wanted it to be changed into a stock company and at first there were good reasons tojustify it, we have succeeded to prove through an objective analysis that this economic procedure isill-timed and detrimental to the society. Above all obstacles, the most important fact is that the commercial societies to mayaccomplish its purposes for which they were established and to justify its existence. Dumitrescu & Partners supervises the permanent adaptation and the evolution of its clients,prepared to offer its expertise when it is necessary. Many times our classical and also innovativesolutions have given an impulse to the existence of a company.Liquidation companies Although it is not our favourite care, the legal reorganization or liquidation of a companyrepresents a domain of experience for our Dumitrescu & Partners company of business consulting. Because the objectives of setting up a company cannot always be accomplished, a completetransformation of the firm is being required, for example from a stock-limited liability company or
  5. 5. from a personal company to a capital company, and Dumitrescu & Partners Company has all theabilities and the experience required to successfully accomplish this complex operation. The legal reorganization or liquidation of the company requires complex reports of evaluationof actives, specific accountant registrations and the special supervising of the contracts that are beingaccomplished, activities if, achieved with professionalism renews the the client’s economical state,Do not hesitate to follow the economical renewal by ask the Dumitrescu & Partners Companyservices. We may consider a strong point the fact that our experience covers much more legalreorganization activities to a society than its liquidation, therefore even more happy ending stories, alot more legal operations in order to save the companies while in a difficult economical situationsand not necessary to liquidate it.Associations & Foundations Because you do not always wish an economical activity, Dumitrescu & Partners consultingcompany makes associations, sets up associations and foundations as well as civil professionalcompanies for its clients. A foundation is an organization established within a patrimony which is given a specificdestination in order to obtain a social, cultural or book-keeping objective, and what we intend is tocreate an organization that would efficiently turn to good account its patrimony. At the same time, the association has the quality of its founder members. More importanthere is to find the most efficient ways to collaborate and organize among members. We are proudly inform you about our experience in collaborating with associations andfoundations. Freelancers will find here a solution to their problems and in the activity settlement theypractise, respectively the professional civil company form medicine, architecture domaines,etc. By counselling nongovernmental organizations in solving some legal or functioning problems,we have developed our ability to access financing programs and to have activities from the mostdiversed domains of these organizations existence. As a counsellor, we have succeeded along thetime to mobilize a great number of investors and to administrate significant budgets.
  6. 6. Notices & Authorizations Being in a permanent fight against the bureaucracy and support the dynamic social agents,Dumitrescu & Partners has developed its competences required for authorising andnoticing the client companies. The authorisation of the companies in accordance with sanitary, sanitary-veterinarynorms, environment protection, labour protection as well as fighting down the fire representan immediate necessity to set these up and, as we mentioned before, it represents a remarkabledomain of Dumitrescu & Partners Company. The authorization for environment protection involves writing down a shee t ofpresentation of the company’s activity with specific note about the impact it has over the area andthe administration of various pollution factors, so a complex work we successfully realize for all ourclients. Also, the sanitary authorization may involve endowment operations to the economicalobjective or training the company personell, the experience of Dumitrescu & Partners companycan only help you in this field. The diversity of economical and social activities required the settlement of some speciallicensing procedures, accreditation, authorization, notices in domains such as: toxical orexplosive substances, pharmaceutic products, sanitary activity or administration of pollutionfactors, special imports and exports and lohn production, protection and guarding, theemployment migration, the precious metal commerce, etc. We complete over 80 types of notices and authorisations. If we are to exemplify, we couldmention licensing the guarding and protection firms, a process that implies the obtaining theidentification documents of the company from the Commerce Register Office, payment receipts forthe state budget and special verification of the company managers by the police department. You have noticed that you need an authorization or a special accreditation, then do not hesitateto contact us. Agreements Dumitrescu & Partners makes agreements after special specifications, as it offersvarious samples of agreements with general caluses, the material needed for legal experts andmanagers of the client company.
  7. 7. The daily functioning of organizations set up by us: commercial companies, associations orfoundations represent the permanent contact with other similar entities. This is often made byconcluding some agreements, meaning some commercial or civil agreements. The buy – sell agreement, a standard agreement in the activity of a company that can be usedin order to find the means of production required for practising economic activities as well as forselling the resulted products. In this last case, the agreement takes various forms: exclusive ornonexclusive delivery agreement, distribution agreement etc., while the sell agreement thatmust meet the procedure of public acquisitions, has the form and clauses established by the specificlegislation, most important being here the formality of application. Each main or secondary head office must have a rent agreement or a comodatumagreement concluded that would include the right for commission for the place and thecorresponding obligations of the lodger. The commercial credit claims the concluding of some mortgage agreements or furnituremortgage and fulfilment of obligatory advertising activities, respectively the mortgagematriculation in the Real Estate Record and the registration of the furniture mortgage inElectronic Archive of the real guaranties, procedures that Dumitrescu & Partners company dofor its clients. The industrial activity and merchandise circulation followed by the need of legal settlement ofthe social reports that follow, implies the typing of specific conventions such as goods transportagreement or temporary lohn import, in which we have a particular experience reached by noother competing companies. One of the business consulting specialty of Dumitrescu & Partners company is to form andtype commercial and civil agreements as well as assisting the clients in negociating and ofelaborating the agreements, may be a good reason for developing a collaboration. Needing a legally clear and concise formulation of a particular economic report, different everytime and difficult most of the times, the commercial agreement represents a delicate and laboriousaction which always needed the experts of Dumitrescu & Partners. In this direction we haveformulated lots of types of agreements from comodatum and rent to international transport ofgoods and travel agency, from cession of social parts to distribution of pharmaceutic products, eachin several copies, each according to the legal report discussed.
  8. 8. Property & Constructions Dumitrescu & Partners Company performs all necessary activities for obtaining the real estateproperties and their change by edification of some constructions. The law state that we are trying to create is based on the private property, guaranteed andprotected. Dumitrescu & Partners represents and assists its clients in actions for recovery ofproperties, reaching to a significant reputation in the field of expertise. We type notifications on the basis of real estate acts and we complete files for recovery ofproperties and constructions, after which we follow the evolution of the recovery procedure. The real estate transaction involves a deep knowledge of history and area of the land that isgoing to be sold or bought. Dumitrescu & Partners consulting company completes previous files ofreal estate transactions, obtains cadastral register extracts, certificates of fiscal roll, orreceipts of tax payment and it assists its clients on the entire period of the transfer operations. We have succeeded in court the action for recovery of some important properties from thewestern part of the country, which makes us to recommend ourselves as a successful company foractions of real estate revendications and retrocession. The national architectonic property has its own legal norms with protecting and conservationobjectives. Knowing these norms and teaching others about them, we would like it to be one of themain Dumitrescu & Partners’s concern, contributing this way with our specific consulting for theperpetuation of national cultural property. The new constructions built everywhere around us must meet the specific legislation conditionsstarting from the distance of the building to the front street area, the functioning conditions of theelevator or the minimum surface of the interior living area; everything is strictly settled and theconsulting company Dumitrescu & Partners comes to support its clients with its legal andeconomical skills in the field. Since the national legislation does not allow the land acquisition by the foreign citizens, even ifthey are members of the European Union countries, Dumitrescu & Partners company elaboratesprocedures in obtaining the real estate properties by respecting the legislation in force. We can obtain urbanism certificates and authorizations for construction, as well as we getjudicial expertises regarding the residence structure or the borders of the building. Contact us beforestarting for the edification of your building.
  9. 9. Labour & taxation Understanding the importance of the modern economy, the settlement of the state work andtax body reports, the consulting Dumitrescu & Partners company counsels the client firms inthe labour rights, fees and taxes. Continuing to develop, the commercial company gains economic profit and joins the tax payerscategory, therefore a new category of rights and obligations rises that people should be aware of.Our consulting company informs and assists the client firms in getting to know the tax rights andobligations. It is important to correctly choose between the quality of paying and that ofnonpaying of VAT, as it also important to choose between to pay the profit tax or the incometax or change the option when the economic conditions dictate. If the company performs a special activity such as commerce with fuel or with precious metaland it turns to a company of excise duty paying, Dumitrescu & Partners calculates and establishesthe payment conditions in the most favourable way for the client. Similarly, the consulting activityfor the tax warehouse for the tobacco and alcohol producers, it is formed in order for thecommercial company to gain the maximum profit under the legal provisions. When you find the income and taxes lists too long or that you don’t understand much aboutthe tax body dispositions then this means that it is time to contact the consulting Dumitrescu &Partners company. A special category of taxes and income represent the one for salaries and if the is a goodemployer company it will efficiently settle by the individual work agreement or by the workcollective one, the reports with employees, the taxes amount and the adherent contributions. Wecan put to our clients; disposal somepre-established samples or we can think of special clauses forthe individual or work collective agreements. We assisted our clients while negotiating with the employees’ representatives and, withoutimposing exaggerate clauses, we succeeded to successfully protect our client company interests. Arts & internet Identifying serious lacks in counseling of intellectual property and internet legislation matters,the consulting Dumitrescu & Partners company has set itself to cover this delicate field butextremely useful for the modern society. The economical and social profound development is determined by the technical and culturalprogress, mainly as an element that brings the increasing of capital and then their investment.
  10. 10. The technical and cultural progress involves intellectual creation: artistic, literary or technicaland it involves the settlement for its protection. The way of protecting the intellectual creation is by registrate and patent it. The consulting Dumitrescu & Partners company meets the procedures of registration thetechnological innovations, of computer games and programs, of the musical or videocreations. The method of transaction the intellectual property is by licensing it. Our company assists in negotiating and concluding of some licence agreements in orderto let know about the rights over the intellectual creations and is vigilent about possible violation ofthese cessions. The State Office for Inventions and Trademarks and The Romanian Department forCopyrights are the main institutions are working with in this field. The creation of our web site as well as of other million of web sites, represents the cover of anInternet domain, that is concluding some legal transactions, that mean having rights, and imposesobligations that the majority of companies do not know. Later on, you will use key words, meta-tagswhich could bring benefits to the user but may cause prejudice to another internet user. We represent the interests of some publishing houses which succeeded with our help toadvantageously settle the reports with competing companies, authors’ representative trade-unionorganizations and foreign organisms in the field. The consultancy of Dumitrescu & Partners company helps you to efficiently use the rights and toprotect yourselves. The electronic signature and payment, recently settled, are the basis of electronic commercedevelopment in Romania and if the importance of the electronic protection methods of transactionsis understood by everybody, be the one to understand before anyone about the importance of legalprotection of Waiting for the legislation to protective settle the electronic commerce and the payment viainternet, for which there is no significant market in Romania, the consulting Dumitrescu & Partnerscompany advises about the interdisciplinary field of copyrights on the internet. International commerce & Foreign investments The business consulting Dumitrescu & Partners company puts at its clients’ disposal itsexpert report in the domains of international transactions and multinational companies.
  11. 11. The great international open relationship determined by the free circulation of goods andpersons, the European accesion and the globalization brought a boom of international trade andmultinational investments. Creating new legal and tax situations, these activities led to signing of some international orEuropean treaties on one hand, and adopting of some legal Romanian provisions that settle therelations with foreign elements. The Romanian or foreign companies confronted with the need of international developmentand legal and fiscal risks that these involve, have come to the services of the consulting Dumitrescu& Partners company. We assist and negotiate for our clients commercial agreements of foreign meanings, welook for foreign judgment decisions, we elaborate studies the foreign legislation, necessaryfor business development. Following the normal evolution of this kind of activity, the Dumitrescu & Partners companyhas increased collaborations with foreign consulting firms, which are at our clients’ disposal in theircountries. Financing The engine of economic activity development and progress needs fuel and the financing isexactly the fuel that we are talking about. Soon, the Romanian European accesion will represent important structural funds throughEuropean programs, so this means completing some procedures and accomplishing someoperations through which the consulting Dumitrescu & Partners company will help you obtainingthe right financing for your business growth. Dumitrescu & Partners company completes files for financing reimbursement andnon reimbursement, as it makes projects for subventions and state assistance. We have e relevant experience in European programs such as: PHARE, SAPARD or ISPAand also in domestic financing of that administrative type as National Agency for Small andMedium Sized Enterprises or National Cultural Fund. We can also mention our success inaccess some funds through programs such as Cultura 2000, Europa, Program 6 and Fermierul. Even if it is about obtaining some conclusive documents from the Chamber of Commerce orFinancial Administration to establishing some fezability studies or business plans, or followingsome public procedures of acquisition, the business consulting Dumitrescu & Partners companywill take care of all the necessary activities for obtaining national or international financing.
  12. 12. Our experience gained from the beginning of these finance programs existence, a periodcharacterized by legal inadvertences and bureaucratic obstacles strengthens our belief succeeding andrecommends us as a trustful counsellor in financing your company. Around the accesion to European Union, the financing project as a way of obtaining financialsources will represent the only modern option of developing the commercial companies. Litigation & arbitration Counting on a young and dynamic team of legal experts, the business consultingDumitrescu & Partners company has proved that it can protect its clients’ rights including insituations of conflict and judiciary litigation. We often realise that the conventions rigorously negotiated and strictly respected by us arenot always well performed by our partners, often realising that our rights are infringed, thatprejudices are caused therefore we must contact the state legal departments in order to protect ourinterests. Dumitrescu & Partners company is close to its client when it comes to litigious situations,we assist and legally represent the civil and commercial companies in arbitrationprocedures. By using for our clients, the civil and commerical arbitration rules of Chamber ofCommerce, we protect the rights and recover the prejudices and are there for hearing the legaldecisions are given. Loyal to “justice till the end” principle, we strongly protected and with legally strongarguments our clients’ interests also in front of the European law courts, the sublime feeling ofjustice being our guiding principle and the only border of our approaches. The collaboration we have with law courts and with the Commission of Arbitration ofChamber of Commerce has already a long tradition and has proved to be a good choice for ourclients’ interests. Having all that is necessary from material to territorial point of view, our company’s lawyerswill be always there to represent your interests with professionalism. We also mention here about our expert report in the difficult solutioning procedures of theconflicts through negociations and extralegal transactions.
  13. 13. Paralegal Dumitrescu & Partners company assimilated the abilities of business implementation, ofcounsellor or representative for its clients. Confronted with a chaotic legislation in the field, the economic agents feel the need of acollaboration, of consulting, of some interface between the reports of collaboration or the partners. Having an impressive data base with information about its clients, Dumitrescu & Partnerscompany intermediates agreements and helps in developing of some economical operationsfor its clients. In order to conclude agreements with foreign partners we are offering services of publicrelations, translation, secretaryship and hospitality.
  14. 14. PORTOFOLIO The services tradition of high professionalism, the wide competence and the perfect elegancehas led important companies to ask the services of Dumitrescu & Partners company. Among them we mention the following: Carpatair S.A. - the biggest Romanian aitline company has decided to change its office andthe operational centre from Cluj to Timisoara; also deciding to obtain the authorizations for thehead workplace to the Timisoara International Airport – we are very pleased for help them inreaching their objectives. Avon Cosmetics Romania – an important company with huge turnover that uses in itsdevelopment the work of hundreds of authorised natural persons and of some small companiesestablished in the Western part of the country by Dumitrescu & Partners. Romanian General Products Nutritiv Mix – the producer of well-known products: Aromix,Legumix, Etimix, of TEC concentrated juice, has benefit from our services several times. The jewelry corporation from Romania – the only national managed association with officein Timisoara has as their counselor the Dumitrescu & Partners company. Oriflame Romania – distributes its products through agencies organised by Dumitrescu &Partners. Obtaining the functioning authorization for “La Rascruce” Hotel of ASTA companyfrom Garana represented at the time a challenge for our company. We are now glad that the firstpension in Semenic and a model for the local industry in the field by organising performaces such asThe Jazz Festival from Garana and Enduromania is functioning also thanks of us. Relsat Prest, the only authorized company in maintenance and repair of elevators from thecountry and European Association of Cognitive Conduct Psychology represent other standardclients of Dumitrescu & Partners company. Apart them, various natural persons have found in our services the right way and solution insolving the problems they encountered. We are here to help them.