Government Emergency Ordinance no. 88/2018 amended art. 143 of Law no. 85/2014, granting the possibility of initiating the enforcement procedure for debts accumulated during the insolvency procedure that are older than 60 days. The changes favor current creditors, who have been given the path to a separate procedure, thus avoiding the cumbersome process [...]
The points of view issued by the Ministry of Finance or by the National Agency of Tax Administration do not represent fiscal administrative documents and therefore, no insurance is granted therein regarding the tax regime and implications of the transactions and operations. However, there are two administrative acts that are legally binding for [...]
In business transfers, an important step is to identify the intangible assets included in the transaction (goodwill, customer relations, advantageous contracts, product brands, licenses, etc.); this step can reduce the implementation/approval timing of the process by the auditors/fiscal entities, as well as avoid the payment of additional taxes.
Companies with large assets, which perform periodic revaluations, find it difficult to provide enough technical and accounting details to revaluate them, and often significant revaluation differences occurs, that have a direct impact on the company's financial indicators. Early contracting of experienced consultants is essential in the case of complex projects. [...]
When dealing with the sale of their own business, entrepreneurs come to face two of the most controversial topics in estimating the value of a business and understand that between the two, there is a one-way relationship—control affects marketability, but marketability does not affect control. The minority stakeholder may benefit from as much [...]
It is true that a well-trained and experienced lawyer can "direct" the path of a trial in the winning direction, but especially in commercial cases, where the level of information to be processed abounds not only quantitatively, but also in terms of the multitude of fields to which they refer, the presence of one or [...]
The recording of the acquisitions made as a business transfer or assets transfer, in the buyer's accounting ledgers, without the guidance of a multidisciplinary team of transactions, taxes and legal consultants, entail further tax implications and often costs and undertaken losses.
Entrepreneurs who focus exclusively on a substantial dividend level, use the historical cost as base for the valuation of assets. Those who want to accumulate capital for the development of the businesses use the revaluation model based on fair value. Effects: the first make profit for a period and then risks financial difficulties, [...]
The contribution in kind, with equipment or machinery, to the capital of the Romanian subsidiaries by the foreign parent companies and their recording in the accounting ledgers, is made based on a report made by a Romanian authorized valuer, even if there is a valuation report made in the country of origin of [...]
Strategic corporate buyers are paying a few percent points more for their aquisitions (publicly traded companies) compared to going-private transactions, while financial buyers (portfolio administrators) are likely to pay less. Nevertheless, the transaction price remains subject to the ability of the M&A consultant searching for adequate potential buyers.