Procedure for acquiring the status of insolvency practitioner by individuals holding the citizenship of another EU member state*
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According to art. 24 para. (1) and (2) of GEO no. 86/2006 regarding the organization and exercise of the profession of insolvency practitioner, approved by Law no. 254/2004, with subsequent amendments and completions, natural persons, having the citizenship of a member state of the European Union or a state belonging to the European Economic Area, including citizens belonging to the Swiss Confederation, may acquire the status of insolvency practitioner according to the provisions of GEO no. 86/2006, under the same conditions as Romanian citizens, under the following conditions:
a. to have completed university studies with a diploma issued by a higher education institution from Romania or another member state of the European Union, or a state belonging to the European Economic Area, recognized by the competent Romanian authorities, according to the law, certifying that the holder has completed the cycle of university studies in law or economic sciences and has at least 3 years of experience in the legal or economic field from the date of obtaining the higher education diploma;
b. is not in any of the cases of unworthiness provided by art. 25 of GEO no. 86/2006, respectively has not been convicted by final judicial decision for committing an intentional crime, likely to affect the prestige of the profession, including any corruption offense, as well as for the offenses provided by Law no. 31/1990 regarding commercial companies, republished, with subsequent amendments and completions, which determine the legal incapacity to acquire or hold the status of founder, administrator, member of the supervisory board, member of the directorate or director of a commercial company, and by Law no. 85/2006 regarding insolvency proceedings, with subsequent amendments and completions.
c. to be declared admitted to the examination for granting the status of insolvency practitioner,
d. to pay the examination registration fee in the amount provided by the Statute regarding the organization and exercise of the profession of insolvency practitioner (r5)
All members of UNPIR, insolvency practitioners, natural or legal persons, are included in the Profession Register, available at the following link: https://www.unpir.ro/tablou
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According to Art. 32 of GEO 86/2006 regarding the organization of the activity of insolvency practitioners: The decisions of the UNPIR governing bodies to reject the applications submitted pursuant to art. 30 para. (2), as well as the requests for registration for the exam to acquire the status of practitioner must be appropriately motivated and may be challenged before the competent court, in accordance with the procedure provided by the Administrative Litigation Law no. 554/2004, with subsequent amendments and completions.
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