The registration of businesses in Albania is governed by the Law on the National Registration Centre (9723/2007).

In light of Albania's obligation to harmonise its laws with EU law, in April 2014 the Ministry of Economic Development, Trade and Undertaking issued for comment draft changes to Law 9723/2007.

The proposed changes aim to harmonise Albanian legislation with:

• EU Directive 2009/109/EC amending EU Directives 77/91/EEC, 78/855/EEC and 82/891/EEC;
• EU Directive 2005/56/EC on reporting and documentation requirements for mergers and divisions; and
• EU Directive 2009/101/EC on the coordination of safeguards which, for the protection of the interests of members and third parties, are required by member states of companies within the meaning of Article 48(2) of the Treaty on the Functioning of the European Union with a view to making such safeguards equivalent.

Initially, the law provided for the registration of the suspension of commercial activity by entities that are subject to the law. However, in practice, this mechanism has been ineffective, due to a lack of coordination between the National Registration Centre (NRC) and the tax authorities. Hence, the draft changes would remove the requirement that entities register the suspension of activity in the Commercial Register. Pursuant to changes to Article 44 of the law, such suspension can be notified to the NRC voluntarily.

In addition, Article 21 of the draft law amends Article 46 of the law to abolish the requirement that the NRC award a company passive status if it fails to file financial statements for two consecutive years.

The draft law introduces a new chapter relating to online applications. After receiving an electronic identity, any individual can apply for any registration online, including an administrative appeal. Actions for which an electronic identity is required shall be performed by electronic means, which will guarantee the authenticity and content of the electronic documents through the electronic signature.

The minister of economic development, trade and undertaking will set down the terms, conditions and procedures for providing electronic services and providing individuals with electronic access rights, and for the security of electronic communications and the authentication method for electronic documents issued by the NRC.

For further information please contact Erlind Kodhelaj at Boga & Associates by telephone (+355 4225 1050), fax (+355 4225 1055) or email (ekodhelaj@bogalaw.com). The Boga & Associates website can be accessed at www.bogalaw.com.

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