11/07/2023

Decizia Asociatului Unic Privind Suspendarea Temporara A Activitatii Model [BEST]

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How to Temporarily Suspend Your Business Activity with a Single Partner Decision: A Complete Guide

If you are a sole proprietor or a single partner in a limited liability company, you may face situations where you need to temporarily suspend your business activity for various reasons, such as personal or family issues, health problems, financial difficulties, or legal disputes. In such cases, you may wonder how to legally and effectively suspend your business activity without losing your rights and obligations as a business owner.

Fortunately, there is a legal instrument that can help you in this situation: the single partner decision for temporarily suspending business activity. This is a document that allows you to suspend your business activity for a certain period of time, without dissolving or liquidating your company, and without affecting your status as a sole proprietor or a single partner. In this article, we will explain what this document is, how to prepare it, and what are the benefits and drawbacks of using it.

What is a single partner decision for temporarily suspending business activity?

A single partner decision for temporarily suspending business activity is a document that expresses the will of the sole proprietor or the single partner in a limited liability company to suspend their business activity for a certain period of time. This document must be registered with the Trade Registry Office and published in the Official Gazette within 15 days from its date . The suspension period can be between 3 months and 3 years .

The single partner decision for temporarily suspending business activity does not affect the legal existence of the company, nor the rights and obligations of the sole proprietor or the single partner. However, during the suspension period, the company cannot perform any commercial activities, cannot issue invoices or receipts, cannot hire or fire employees, and cannot participate in public tenders or auctions . The company must also inform its creditors, debtors, suppliers, customers, and other contractual partners about the suspension of its activity .

How to prepare a single partner decision for temporarily suspending business activity?

To prepare a single partner decision for temporarily suspending business activity, you need to follow these steps:

  1. Write the document using a standard template or a model provided by the Trade Registry Office . The document must include the following information:
    • The name and identification data of the sole proprietor or the single partner;
    • The name and identification data of the company;
    • The date and place of the decision;
    • The reason and duration of the suspension;
    • The signature of the sole proprietor or the single partner;
  2. Submit the document to the Trade Registry Office along with the following documents:
    • A copy of the identity card of the sole proprietor or the single partner;
    • A copy of the registration certificate of the company;
    • A copy of the fiscal certificate of the company;
    • A proof of payment of the registration fee;
  3. Wait for the approval of the Trade Registry Office and receive a confirmation certificate;
  4. Publish an announcement in the Official Gazette within 15 days from receiving the confirmation certificate.

What are the benefits and drawbacks of using a single partner decision for temporarily suspending business activity?

Using a single partner decision for temporarily suspending business activity has some benefits and drawbacks that you should consider before making this decision. Here are some of them:

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Benefits Drawbacks
You can resume your business activity at any time during the suspension period by submitting another single partner decision to revoke the suspension . You cannot perform any commercial activities during the suspension period, which may affect your income and reputation.
You can preserve your legal status as a sole proprietor or a single partner, and your rights and obligations as a business owner. You still have to pay taxes and social contributions for your company during the suspension period .
You can avoid dissolving or liquidating your company, which may be more costly and time-consuming. You may lose some customers or suppliers who may not want to wait for your resumption of activity or who may switch to your competitors.
You can take advantage of some fiscal incentives or exemptions during or after the suspension period . You may face some legal challenges or disputes from your creditors, debtors, employees, or other contractual partners who may be affected by your suspension of activity.