What documents and fees are required to amend an association's statute?
This page covers private-law associations and foundations under GO 26/2000 — not homeowners' associations, which follow Law 196/2018. Amending goes through the general assembly and an application to the court.
Short answer
- A statute amendment is decided by the general assembly and entered in the Register of Associations and Foundations at the court of the registered office.
- The file holds the application, the assembly decision in certified copy, and the amending deed and registration certificate in original.
- The court stamp duty for the amendment application is 100 lei.
- If the name changes, add the name-availability proof from the Ministry of Justice, at a 36 lei tariff.
- The amendment takes effect from the date of entry in the register, not from the date of the assembly.
What the law says
- GO 26/2000 art. 21 para. (2) letter f): amending the statute belongs to the general assembly.
- Art. 33 para. (1): the amendment is made by entering it in the Register of Associations and Foundations, with art. 8-12 applying.
- Art. 33 para. (2), as amended by Law 276/2020: decisions are filed as copies certified true to the original, not notarised.
- Art. 34: the same rules apply when a foundation amends its statute.
- Order of the Minister of Justice no. 954/C/2000, art. 8 para. (1): amendments take effect on entry in the special register.
- GEO 80/2013 art. 12 letter c): the application to amend the constitutive acts is charged 100 lei.
The steps, in order
- Convene the general assembly as the statute requires; it may also be held electronically.
- Adopt the amendment decision and empower through it whoever files the documents.
- Draft the amending deed, carrying the changed articles of the statute.
- For a name change, request the availability proof for the new name; it is valid for 6 months.
- File with the court the application, the decision in certified copy, the amending deed and the registration certificate in original, and pay 100 lei.
- The judge checks legality within 3 days of filing and orders the entry by interlocutory ruling, with a 5-day appeal term.
- The court then completes the registration certificate ex officio with the new name, office or duration.
Practical examples: the real costs
- A name change: 100 lei plus 36 lei for the availability proof, so 136 lei; extending the reservation costs 18 lei.
- No notary fee arises: notarial form stays mandatory only for a contribution of immovable property.
What needs the court and what is only notified
- The court sees any change to a statute element: name, office, purpose, duration, patrimony, powers of the bodies.
- A change of office may be decided by the board, if the statute expressly allows it, but the application still goes to court.
- Beneficial-owner data changes are declared to the Ministry of Justice in 30 days, except for associations of natural persons whose beneficial owners are named in the statute; a missing declaration costs 200 to 2,500 lei.
- Tax registration data is updated with ANAF in 15 days, through the amendment statement.
Common mistakes
- The homeowners' association procedure is used instead: it comes from Law 196/2018, needs half plus one of the owners and is registered “without other formalities”.
- The assembly decision is taken to a notary, although since 5 December 2020 it is filed as a certified copy.
- An addendum to the articles of incorporation is drafted, although an association no longer has one separate from the statute.
How 4ong helps
- Keeps the statute, the amending deeds and the court rulings in one place, with the date each takes effect.
- Keeps the member register current, so the assembly decision starts from the correct list of members.
- 4ong neither files the documents nor drafts the amending deed: it keeps the records they come from, hosted in the European Union under GDPR.