Law no. 196/2020, which entered into force on 11 September 2020, introduces an additional condition with respect to the enforcement of documents under private signature, which, according to the law, are validly concluded and have the character of enforceable titles, namely their registration with the National Register of Moveable Property (NRMP).
Documents under private signature that fall under the new legal provisions (lease agreements, loan agreements, credit agreements, mortgage contracts, promissory notes, legal aid contracts, deposit agreements, securities, etc.), and which, according to the law, are validly concluded and have the character of executory titles, can only be enforced on the condition that they have been registered with the NRMP.
For example, leases must be registered with both the Tax Authority (ANAF) and the NRPM in order to be able to proceed with the eviction of tenants who fail to meet their obligations to pay rent or do not return the property upon contract expiry.
Lease agreements concluded in authentic form, before a notary public, do not require registration with the NRMP, and in cases where an enforcement procedure was already initiated before entry into force of Law no. 196/2020, the requirement to register the enforceable title with the NRMP does not apply.
Registration with the NRMP involves the filling out of an online form by the relevant legal operators, authorised operators or their authorised agents and the Body of Operators. Registered operators/authorize agents who are a party to the contract or to related operations on which the registration is based or in the registration notification are not allowed to file applications for registration with the NRMP.
Source: Law no. 196/2020 amending and supplementing Law no. 297/2018 regarding the National Register of Moveable Property and the abrogation of Government Ordinance no. 89/2000 regarding various measures for the authorisation of operators and registration with the Electronic Archive for Security Interests in Movable Property, as published in the Official Gazette, Part I, no. 822, on 8 September 2020.