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SOLE TRADER UNDER THE ROMANIAN LEGISLATION
Abstract
The paper aims to analyse the sole trader (Rom., persoana fizica autorizata or P.F.A.) from the Romanian law perspective, by focusing on the characteristics of this legal institution, the liability for performing economic activities under this form, as well as certain implied practical and fiscal issues. The Romanian legislation has suffered serious amendments in the last period as it is the case of the Romanian Civil Code, which has been amended in year 2011. The legal provisions on the sole trader have been also subject to changes, the most recent amendments entering into force in January 2017. So, the current legal framework allows a sole trader to perform not more than five economic activities or to hire up to three people under employment contract. The new Civil Code has introduced the notion of “professional”, which is seen as any person that exploits an enterprise. Although in most of the Romanian legal literature the sole trader is seen as a professional, the new legislation lays down the conditions in which any interested party may prove this capacity of the sole trader. Therefore, the opportunity of such changes may be subject to arguments.
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