Cumperi o parte dintr-un SRL? Garanția pentru datoriile firmei poate depăși prețul tranzacției

Purchasing a stake in a company with debts may involve more than just the negotiated price. Guarantees for the company's outstanding obligations can exceed the value of the purchased stake, even if the new partner does not gain control. Recent regulations aim to protect budget revenues and prevent the transfer of indebted firms. The guarantee relates to the company's debts, not the transaction price. If a buyer acquires a 10% stake for 50,000 lei while the company has 300,000 lei in tax debts, the guarantee could reach 300,000 lei. The buyer does not automatically inherit the company's tax debts but may face financial consequences if guarantees are executed. If debts are not settled within 60 days post-transfer, tax authorities can enforce guarantees, complicating matters if debts are contested. Recovery of funds after a debt cancellation is not straightforward, especially if the company goes bankrupt. Buyers must carefully assess the company's financial situation and clarify…