Simplification of certain procedures in front of authorities carried out through lawyers
As lawyers, we welcome the publication, on 23 September 2020 of the Law no. 280/2020 on amending and supplementing certain regulatory acts, which extends the range of activities that can be carried out by lawyers and, implicitly, simplifies the procedures that citizens had to observe in their relation with the authorities, as follows:
I. The signature specimen required at the companies registry can be given in front of a lawyer, the proof being the lawyer’s power of attorney. Thus, the need for the persons concerned to go to a notary or to the / registry is eliminated.
II. The declaration concerning the real beneficiary, stipulated under art.56 in the Law no. 129/2019 to prevent and combat money laundering and terrorism financing, can be certified by the lawyer.
III. The certificate of criminal record can be requested in the country by the lawyer of the natural persons, based on the lawyer’s power of attorney issued in compliance with the law no. 51/1995 on regulating the profession of lawyer.
The content of the lawyer’s power of attorney has to be clear, indicating the empowered person or, as the case may be, lawyer, the purpose and the duration of the mandate.
IV. The civil record certificates can be given to other persons empowered based on a special power of attorney, as well as to the lawyers empowered by the holders or by the legal representatives thereof, based on the lawyer’s power of attorney issued in compliance with the provisions of the Law no. 51/1995 on regulating the profession of lawyer.
Besides the obvious benefits of such measures, they are even better in the context of the pandemic.