Guarantees and Rights
In Romania the nonresident investors have the right to transfer abroad the future incomes in free convertible currency, with no restrictions , after the custom and taxes payment:
- the dividend or benefit obtained by a trading company, Romanian legal entity, if there are shareholders or associates;
- the income obtained in case of a participation association, as well as the incomes obtained from the action or social parts sales;
- the sums obtained by the abolition of a trading company, according to Law No. 31/1995 regarding the trading companies in keeping with the bankruptcy procedure, or to Law No. 64/1995 regarding the judicial reorganization’s procedure of bankruptcy with its later modifications;
- the sums obtained with the title of damages, as a result of a expropriation or of the application of another equivalent measure;
- other incomes, according to the investment form.
The nonresident investors from Romania benefit of special rights scheduled by the active Romanian legislation or by bilateral agreements of investment protection or by other active laws.
In case a bilateral agreement of promotion and reciprocal investment protection, ratified according to the law, or another law would entitle an investor – physical or nonresident legal entity- to a more favorable treatment than that scheduled by Law No. 241/1998, the investor in party will benefit of that treatment.