1.  Which documents can use an electronic signature and take legal effect?
  2. Which documents cannot use electronic signatures and take legal effect and why?
  3. What are the legal requirements for electronic signatures on documents?
  4. Are there any proposals to change the law relating to electronic signatures? 
  5. Are there any other factors which prevent documents being entered into in electronic format?

jurisdiction

Romania

Generally, documents that do not require notarization and/or registration with the Romanian Land Registry can be signed electronically. This includes:

  • Non-disclosure agreements;
  • Sale contracts (not to be noted at the Romanian Land Registry);
  • Leases (not to be noted at the Romanian Land Registry);
  • Free lease agreements (leases with no consideration payable);
  • Deeds of variation;
  • Lease assignments;
  • Guarantees;
  • Construction/design agreements (not with a public body); and
  • Termination and extension notices for lease agreements and other agreements that do not require notarized notices.

Any Real Estate document that requires notarization and/or registration with the Romanian Land Registry cannot be signed electronically. This includes:

  • Sale contracts (to be noted at the Romanian Land Registry); 
  • Lease agreements (to be noted at the Romanian Land Registry);
  • Easements;
  • Option agreements;
  • Agreements granting real estate rights (e.g. superficies, use, usufruct);
  • Farm/agricultural tenancies;
  • Construction/design agreements (where a public body is a party to the agreement); and
  • Land merger/de-merger agreements.

There are no additional legal requirements for an electronic signature of a document (beyond the requirements of the Romanian Land Registry for a wet ink signature).

4. Are there any proposals to change the law relating to electronic signatures? 

No.

5. Are there any other factors which prevent documents being entered into in electronic format?

Possibly, if the executing company has a provision in its corporate documents which restricts or prevents it from signing electronically. While not common in corporate documents this may exist and should be checked.