At act legal Romania, our dedicated team has a combined expertise in FDI screening, competition, M&A, and regulatory practices and helps you navigate the peculiar investment regime in Romania that has been recently tightened by the Romanian Government.
Foreign Direct Investments Screening services in a nutshell:
We can assist you in all matters related to the FDI screening regarding traditional M&A transactions, joint ventures, greenfield investments, privatizations, acquisition of a minority stake and more.
#1 Due diligence and analysis of FDI screening requirements
Is your transaction targeted by FDI screening regulation? It may be if:
- you are an investor from outside the EU (including from the UK or the United States) or even an EU investor, including from Romania
- the transaction exceeds the threshold of EUR 2,000,000 or due to its nature or potential effects may have an impact on the security or public order
- the transaction falls within one of the areas considered strategic for national security (e.g. energy, transportation, vital resource supply, critical infrastructure, IT, or communication systems, financial, tax, banking, and insurance activities, industrial security, agriculture and environmental protection etc.)
Our role
- we conduct the due diligence analysis and we deploy an expert assessment of your transaction against all FDI screening requirements
- we help you with structuring the deal and with strategical proactive planning of the investment
- we assist you with negotiating the transactional documentation
#2 Filling of Foreign Direct Investments notification
Implementing a transaction without prior Foreign Direct Investments clearance could result in hefty penalties of up to 10% of the total worldwide turnover from the previous financial year of sanctioning and, perhaps equally important, with the possibility of the annulment of the investment.
Our role
- handling the FDI screening filing process for you, including the subsequent answers to the authority in order to obtain FDI clearance
- discussion and agreement on remedies in order to obtain FDI clearance
- with us you’ve got one-stop shop for your: merger control + FDI clearance + any other regulatory approvals
- coordinated communication with all relevant authorities (the Competition Council, the Foreign Direct Investment Examination Commission, any other relevant supervisory authorities that may be relevant to the transaction depending on the legislation applicable to a certain activity)
- our extensive experience with relevant public authorities ensures smooth cooperation in the interest of our clients