Signing Contracts Remotely as a Foreign Owner in Romania

‍ In brief

A foreign owner rarely needs to be in Romania to enter into a binding contract. Most commercial agreements can be concluded remotely, by exchanging signed copies, by email, or by electronic signature. A limited category, chiefly the sale of land, must be signed in notarised form, and for those a power of attorney allows a representative to act locally. The practical question is not whether you can sign from abroad. It is which route your particular contract requires.

Can a foreign owner sign remotely?

For most commercial contracts, yes. Contract law in Romania treats a contract as concluded when the parties agree on the essential terms. It does not require them to be in the same room, or the same country. A services agreement, a supply contract, a distribution arrangement or a shareholder resolution can be concluded by correspondence.

A foreign owner can therefore review, negotiate and sign most contracts from abroad, then return the signed version to the Romanian counterparty. The contract binds when the parties agree, not when they are in the same place.

The three routes to signing from abroad

There are three practical routes. The right one depends on the contract.

The first is an exchange of signed copies. Each party signs its own copy, in wet ink or as a scan, and the copies are exchanged by courier or email. This is the standard route for ordinary commercial contracts and works reliably across borders. It also explains why an email exchange can create a binding contract before any formal copies change hands.

The second is electronic signature. Romania recognises electronic signatures. A qualified electronic signature carries the greatest weight and is treated as equivalent to a handwritten signature. Simpler electronic signatures may also be valid and are common in practice, but the level of assurance matters if the contract is later disputed.

The third is signature through a representative under a power of attorney. Instead of signing yourself, you authorise someone in Romania, usually a lawyer, to sign for you. This route reaches the contracts that a simple exchange cannot, including those that require notarised form.

Your three routes

How to sign from abroad

Exchange of signed copies

Each party signs its own copy, in wet ink or as a scan, and the copies are exchanged by courier or email. This is the standard route for ordinary commercial contracts and works reliably across borders.

Electronic signature

Romania recognises electronic signatures. A qualified electronic signature carries the greatest weight and is treated as equivalent to a handwritten one. Simpler electronic signatures may also be valid, but the level of assurance matters if the contract is later disputed.

Signature through a power of attorney

You authorise a representative in Romania, usually a lawyer, to sign for you. This is the route that reaches the contracts a simple exchange cannot, including those that require notarised form.

When a power of attorney is required

A power of attorney, or procură, authorises another person to act for you. For a foreign owner who cannot travel, it is often the most efficient way to complete a transaction in Romania.

It is necessary for contracts that require a notary in Romania, such as the transfer of land or buildings. These cannot be concluded by email. You grant a power of attorney that meets Romanian requirements, and your representative signs the notarised deed before the Romanian notary on your behalf.

The power of attorney must itself be in the correct form. It will usually need to be authenticated, and if signed abroad it will normally need to be legalised or apostilled, and translated, before it is accepted in Romania. A defective power of attorney is the most common reason a remote transaction stalls, which is why the requirements should be confirmed before anything is signed.

What can, and cannot, be signed remotely

The dividing line is the one that runs through Romanian contract law generally. Contracts that are valid by simple agreement can be signed remotely without difficulty. Contracts that require a special or notarised form cannot be concluded by an exchange of emails. For those, you attend in person or act through a representative under a valid power of attorney.

The error to avoid is assuming that because most contracts can be signed remotely, all of them can. A property purchase signed by email is not a lesser version of a valid purchase. It is not a purchase at all.

Sign remotely Services, supply, distribution, licensing, NDAs, shareholder resolutions. Valid by simple agreement, so an exchange or e signature is enough.

Needs a notary or a power of attorney Transfer of land or buildings, some gifts and mortgages, certain corporate acts. No email version exists; you attend or send a representative.

Making a remote signature hold up

Remote signing is straightforward, but a few steps protect you if the contract is later questioned. Keep a complete record of the signed version and of the exchange that concluded it, including the correspondence. Where you use electronic signature, match the level of signature to the value and risk of the contract. Where you use a power of attorney, confirm its form and scope in advance, so it clearly covers the transaction. And settle the language and the governing law and jurisdiction clause before signing, so a remote signature does not become an argument about what was agreed.

Handled properly, remote signing is not a compromise. It is the ordinary way cross border business is conducted.

Protect the signature

Four steps that make a remote signature hold up

Remote signing is straightforward, but a few steps protect you if the contract is later questioned.

• ✓Keep a complete record of the signed version and the exchange that concluded it, including the correspondence.
• ✓Match the e signature to the risk, using a level of assurance appropriate to the value of the contract.
• ✓Confirm the power of attorney in advance, so its form and scope clearly cover the transaction.
• ✓Settle the language and governing version, so a remote signature never becomes an argument about what was agreed.

How we help

We help foreign owners conclude contracts in Romania without travelling, as part of our corporate law services in Bucharest. That includes advising on whether a contract can be signed remotely, arranging electronic signature where appropriate, drafting powers of attorney that meet Romanian requirements, and acting as your representative before a notary where the law requires it. On more complex transactions we coordinate the signing process end to end, and often begin with a contract review, so that the contract you conclude from abroad is as secure as one signed in person.

Frequently asked questions

Signing remotely in Romania

Can I sign a Romanian contract from abroad?

For most commercial contracts, yes. They can be signed by exchanging signed copies, by email or by electronic signature, because Romanian law treats a contract as concluded when the parties agree, not when they are physically together.

Is an electronic signature valid in Romania?

Yes. Romania recognises electronic signatures, and a qualified electronic signature is treated as equivalent to a handwritten one. Simpler electronic signatures may also be valid, though the level of assurance matters if the contract is disputed.

How do I sign a Romanian contract if I cannot travel?

You can sign remotely for most contracts, or grant a power of attorney to a representative in Romania for those that require notarised form, such as a property purchase.

Do I need a power of attorney to buy property in Romania remotely?

If you cannot attend in person, yes. Property transfers require notarised form, so you grant a power of attorney that meets Romanian requirements and your representative signs the notarised deed on your behalf.

Does a power of attorney signed abroad work in Romania?

It can, but it will usually need to be in the correct form, authenticated, and legalised or apostilled and translated before it is accepted in Romania. Confirming the requirements in advance avoids the most common cause of delay.

Sign from anywhere, safely

Conclude your Romanian contract without travelling.

We advise foreign owners on remote signing, electronic signature and powers of attorney as part of our corporate law services in Bucharest, so the contract you conclude from abroad is as secure as one signed in person.

Explore our corporate law services