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FAQs

You've got questions. Mararu & Mararu SCA has the answers. Check for your question in the FAQs below or by searching in the search field. If you cannot find what you are looking for or want more information, drop us a question and we'll be more than happy to help. The contents are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

  • What areas of law does your firm practice?
    Our firm offers a wide array of legal services to cater to both individuals and corporations. Our practice areas include but are not limited to: Corporate Law: Mergers and acquisitions, corporate governance, business formation, and compliance. Litigation: Civil, commercial, and criminal litigation, as well as insolvency and bankruptcy litigation, insurance litigation, IP litigation, tax and administrative-contentious litigation Insolvency, Bankruptcy and Reorganization: we assist creditors and debtors filing insolvency actions, with credit claim submissions, filing and fighting oppositions, legal actions for engaging the personal liability of company administrators and various other types of legal actions Insurance: Filing and defending insurance claims, including insurance litigation in civil and criminal courts Intellectual Property: Patents, trademarks, copyrights, industrial designs, geographical indications, and especially IP litigation. International Law: Cross-border transactions, international arbitration, and trade law. Real Estate: Property transactions, zoning, land use, and real estate litigation. Immigration: Visa services, naturalization, and deportation defense. Family Law: Divorce, child custody, adoption, and prenuptial agreements. Estate Planning: Wills, trusts, estate administration, and probate/will challenges. Employment Law: Labor disputes, employment contracts, wrongful termination. Tax Law: Tax planning, disputes, and representation before tax authorities. Privacy, Whistleblower and Media Law: Regulatory compliance, assistance, enforcing legal protections, litigation Energy, Mineral Resources and Environmental Law: Licensing, permitting, competition, regulatory and legal compliance, license guardianship, litigation Crypto-assets: we handle every legal aspect of a crypto/blockchain project lifecycle, since structuring and financing to every other potential regulatory implication. Debt Collection & Asset Recovery and Enforcement: Creditworthiness background verifications, analysis and recommendations, in-depth researches, electronically stored information (ESI) preservation requests including cross-border, credit documentation verification, validation and recommendations, advising upon the available legal action types and venues, ADR, legal representation, drafting and negotiating debt/debtor/creditor assignment and debt settlement agreements, debt collection litigation before civil, commercial and insolvency courts in Romania For more detailed information on specific practice areas, please visit our practice areas pages, give us a call or send us an inquiry and we'll be more than happy to answer your questions.
  • How do I choose the right lawyer for my case or the legal matter I am interested in?
    When choosing a lawyer, consider their experience in the specific area of law relevant to your case, their reputation, client reviews, and especially their communication style and how they treat you, as for you it's not important how well they've done in the past for other clients, but how dedicated they are going to be to YOU, and how hard they are going to work on YOUR matter. Our boutique firm offers a small, stable team of experienced senior attorneys who deal with their client's problems as if you are their only client.
  • Do you serve clients outside Romania?
    Yes, we have a robust international practice. We assist clients globally with legal matters involving Romanian law, cross-border transactions, international arbitration, and more. Our team includes lawyers with international legal experience and multilingual capabilities to serve a diverse clientele.
  • Do you have expertise in handling high-profile or complex cases?
    Yes, our firm has a track record of handling high-profile and complex cases across various jurisdictions. Our attorneys are well-versed in managing media attention, navigating regulatory environments, and employing sophisticated legal strategies to achieve favorable outcomes.
  • How do I start working with your firm?
    To engage our services: Contact Us: Use our online contact form, call our office, or visit in person. Initial Consultation: We offer an initial consultation to discuss your needs, either in-person, via phone, or through video conferencing. Case Assessment: We'll assess your legal needs and discuss representation, fees, and strategy. Engagement: If you decide to proceed, we'll draft an engagement letter or retainer agreement.
  • How can I get in touch with someone from your firm?
    You can contact us through: Phone: Our main office lines are available during business hours. WhatsApp Call: From the chat button, you can opt to call one of the attorneys directly. Email: Direct emails to specific attorneys or our general inquiry email. Online Form: Fill out the contact form on our website for a prompt response. Online Chat: Start chatting with us online on our website. Zoom Call: We can arrange a Zoom call at both our and your convenience. For urgent matters, we have an after-hours service to ensure you can reach us when needed.
  • What are your fee structures?
    Our fee structures vary by case: Hourly Rates: For ongoing legal advice or representation where the amount of work is not predictable. Flat Fees: For services with well-defined scopes like drafting contracts, rendering a legal opinion or a memorandum of law, or performing a legal audit. Contingency Fees: Primarily in personal injury or certain business or criminal litigation cases where we take a percentage of the recovery. Retainer: For clients requiring ongoing services, we might require a retainer from which fees are deducted. For a detailed breakdown, please request a fee schedule or discuss during your initial consultation.
  • How do you handle data security for your clients?
    We prioritize client confidentiality and data security: Encryption: All sensitive data is encrypted both in transit and at rest. Secure Platforms: Use of secure client portals for document exchange. Compliance: Adherence to data protection laws like GDPR, CCPA, and HIPAA where applicable. Cybersecurity Training: Regular training for our staff to prevent data breaches. We also engage third-party audits to ensure our cybersecurity measures are up-to-date.
  • Do you offer free consultations?
    We offer a free initial consultation for certain practice areas to discuss your legal needs and determine if we're the right fit for your case. However, for more complex matters, we might charge a consultation fee, which can be credited towards future services if you retain us.
  • What if I can't afford legal services?
    We understand that legal fees can be a barrier. We offer: Payment Plans: In some cases, we can arrange for payments over time. Pro Bono: Based on eligibility, we have a pro bono program for certain matters. Fixed Fees: For predictable services, we might offer fixed fee arrangements. Please discuss your financial situation during your initial consultation to explore your options.
  • How do you ensure client confidentiality?
    Client confidentiality is paramount: Legal Obligations: All attorneys adhere to attorney-client privilege. Secure Communication: Using encrypted communication methods. Data Protection: Robust policies and systems to safeguard information.
  • What services does your firm provide for business formation in Romania?
    No matter whether you've done business in Romania before or not, we're guiding our clients all the way through the entire process of company formation in Romania, from choosing the type (legal form) of the company registration with the Trade Register, assisting with finding, drafting and negotiating the lease for the registered address, office, business address, manufacturing facility, warehouse etc., obtaining necessary authorisations and licenses, to drafting foundational documents like the statute or the articles of association.
  • What legal support do you offer for technology startups?
    For tech startups, we provide: Intellectual Property Protection: Securing patents, trademarks, designs and copyrights. Corporate Structure: Advising on optimal business formation. Funding and Investment: Legal support for venture capital deals, equity, and debt financing. Compliance: Guidance on tech-specific regulations like data privacy laws. Our approach is to help startups navigate the legal landscape while fostering innovation.
  • What are the types of Romanian companies?
    The types of Romanian companies are 1. SRL (Limited Liability Company / Romanian: "Societate cu Răspundere Limitată"), 2. SA (Joint Stock Company / Romanian: Societate pe Acțiuni"), 3. SNC - General Partnership, SCA - Limited Joint-Stock Partnership, 4. SCS - Limited Partnership or 5. Branches (Sucursala).
  • How can your firm help with international business transactions?
    We assist with: Contract Drafting and Negotiation: Ensuring compliance with both Romanian and foreign laws. Due Diligence: Conducting comprehensive reviews for mergers, acquisitions, or partnerships. Regulatory Compliance: Navigating complex international regulations including trade, tax, and data protection laws. Dispute Resolution: Managing international arbitration or litigation. Our team ensures that all aspects of a transaction are legally sound, culturally sensitive, and strategically optimized.
  • What is the legal basis for insurance regulation in Romania?
    The primary legal basis is Law 237/2015 on insurance and reinsurance activities, supplemented by ASF regulations under OUG 54/2016.
  • How long do I have to file an insurance claim?
    According to Law 236/2018, claims should be filed within 3 years from when the insured event occurred or was known.
  • Can I cancel my insurance policy anytime?
    Law 236/2018 allows policy cancellation but might stipulate conditions or penalties for early termination.
  • What happens if an insurer denies my claim?
    You can appeal the decision or file a lawsuit based on Law 237/2015 and the Civil Procedural Code.
  • What are the rights of consumers in insurance disputes?
    Law 246/2015 ensures consumer protection, providing mechanisms for dispute resolution and rights to information.
  • Is mediation compulsory before going to court for insurance disputes?
    While not compulsory, it's often recommended under Law 132/2017 for motor insurance disputes to resolve issues efficiently.
  • How does the Romanian legal system treat insurance fraud?
    Insurance fraud is treated as a criminal offense under the Penal Code, with severe penalties outlined.
  • Can an insurer refuse to pay out a claim?
    Yes, if the claim falls outside policy terms or if fraud is suspected, as per Law 237/2015.
  • What are the obligations of an insurer regarding claim settlement?
    Insurers must settle claims promptly and fairly under Law 237/2015, with specific timelines.
  • What protections exist for policyholders in Romania?
    The Civil Code and Law 236/2018 ensure transparency and fairness in insurance contracts.
  • How can I challenge an insurance policy clause?
    Clauses can be challenged if they contravene Law 236/2018 or are deemed unfair under consumer protection laws.
  • What if my claim is undervalued by the insurer?
    You can seek an independent assessment or legal recourse through the Civil Procedural Code.
  • Can I buy insurance from an EU insurer operating in Romania?
    Yes, under OUG 98/2006, EU insurers can operate in Romania under passporting rights.
  • What is the process for insurance companies to enter the Romanian market?
    Requires authorization from ASF as per Law 237/2015 and involves compliance with numerous regulations.
  • How does the law protect against insolvency of insurers?
    Law 240/2004 on insurance guarantees and Law 260/2008 provide frameworks for insurer solvency.
  • What are the penalties for non-compliance with insurance laws?
    Penalties can range from fines to license revocation, outlined in Law 237/2015 and ASF regulations.
  • What is the role of ASF in insurance disputes?
    ASF can mediate or provide guidance but does not adjudicate disputes; this is the court's role under OUG 54/2016.
  • How do I know if my insurance policy is compliant with Romanian law?
    Review terms against Law 236/2018 and consult with legal professionals for compliance.
  • What insurance is mandatory in Romania?
    Compulsory motor insurance Law 132/2017 and some property insurance under specific conditions.
  • Can clauses in insurance policies be considered void?
    Yes, if they contravene mandatory legal provisions or are unfair as per Law 236/2018 and the Civil Code.
  • What are the legal steps if an insurer goes bankrupt?
    Claims are handled by the Insurance Guarantee Fund under Law 240/2004.
  • How does one handle cross-border insurance claims?
    Utilize OUG 98/2006 for EU regulations and potentially involve ASF for coordination.
  • What documentation is required to file an insurance claim?
    Detailed by Law 237/2015, typically includes proof of loss, policy details, and incident report.
  • Can an insurer change policy terms mid-term?
    Generally not unless agreed upon by both parties, referencing Law 236/2018.
  • What is the statute of limitations for insurance disputes in Romania?
    Generally 3 years for civil claims under Civil Code, but can vary with specific insurance types.
  • How are disputes resolved when involving multiple insurers?
    Through legal proceedings or arbitration, guided by Civil Procedural Code.
  • What if my insurance claim involves criminal activity?
    It involves both civil and criminal proceedings under Penal Code and Penal Procedural Code.
  • How can I appeal an ASF decision?
    Via administrative or judicial review, with specifics under OUG 54/2016.
  • What is the process for insurance companies to recover claims paid out?
    Through subrogation or direct action against third parties, regulated by Law 237/2015.
  • Can I get legal aid for insurance litigation?
    Legal aid might be available, particularly for consumer disputes, based on the Civil Code.
  • How are insurance intermediaries regulated?
    By Law 237/2015 and ASF, ensuring they operate within legal frameworks.
  • What rights do I have if my claim is not paid in time?
    You can claim interest or damages for delay, as stipulated by Law 237/2015.
  • Can insurance policies be transferred under Romanian law?
    Yes, but with consent and adherence to Law 236/2018.
  • How are insurance contracts interpreted by courts?
    Courts apply principles from the Civil Code, favoring consumer protection.
  • What is the effect of misrepresentation in insurance applications?
    Could lead to policy voidance or claim denial under Law 236/2018.
  • What are the legal implications of not having mandatory insurance?
    Fines, legal action, or administrative penalties under respective laws like Law 132/2017.
  • How does the Romanian legal system handle motor insurance claims?
    Through Law 132/2017, ensuring rapid resolution and compensation.
  • What are the duties of an insured after an insurable event?
    To notify the insurer promptly and assist in claim investigations per Law 236/2018.
  • Can I sue my insurer for bad faith?
    Yes, if there's evidence of bad faith in handling claims, with legal backing from Civil Code.
  • What happens if there's a dispute over the cause of an insured event?
    This might require expert analysis or legal determination, referencing both Civil Procedural Code and insurance law.
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