The National Trade Register Office has operationalized the Register of the real beneficiaries of the companies, in accordance with the provisions of art. 19 paragraph (1), (2) and (5) of Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for the modification and completion of some normative acts.

Filing the declaration by legal persons

According to art. 56 paragraph (1) of the aforementioned normative act, legal persons except for the autonomous administrations, national companies and societies and companies wholly or mainly owned by the state, are obliged to submit a declaration regarding the real beneficiary of the legal person for registration in the Register of the real beneficiaries of the companies, as follows:

1. At registration

Among the other documents required by law, upon registration, companies will also submit the declaration regarding the real beneficiary, given by the legal representative, in the form provided by Law no. 129/2019.

1. Annually

The annual declaration is submitted to the Trade Register office in which the legal person is registered within 15 days from the approval of the annual financial statements.

3. Whenever a change occurs

Within 15 days from the date on which a modification regarding the identification data of the real beneficiary took place.

The non-submission by the legal representative of the declaration regarding the identification data of the real beneficiary, annually or whenever a change occurs, constitutes a contravention and is sanctioned with a fine from 5,000 lei to 10,000 lei.

The finding of the contravention and the application of the sanction is carried out by the bodies with control powers of the Ministry of Public Finance – the National Agency for Fiscal Administration and its territorial units and by the National Office for Prevention and Combating Money Laundering, through its own agents.

The report of finding the contravention is communicated to the Trade Registry office, in which it is recorded that the non-submission of the declaration attracts the dissolution of the company, under the conditions of art. 237 of the Companies Law no. 31/1990, republished, with subsequent modifications and completions.

If, within 30 days from the date of application of the contravention sanction, the representative of the legal person referred to in art. 56 paragraph (1) did not submit the declaration regarding the identification data of the real beneficiary, at the request of the National Trade Register Office, the court or, as the case may be, the specialized court will be able to pronounce the dissolution of the company (the cause the dissolution may be removed before any conclusions can be drawn).

Filing the declaration by companies

In the case of companies registered until 21.07.2019 (the date of entry into force of the law), except for national companies and societies, as well as of companies owned wholly or mainly by the state, the deadline for filing (according to art. 62 paragraph (1) of Law no. 129/2019) is 12 months from the entry into force of the law, respectively until 21.07.2020.

The declaration regarding the identification data of the real beneficiaries is submitted, through the care of the legal representative, to the Trade Register office where the company is registered for registration in the Register of real beneficiaries, maintained by the National Trade Register Office.

Non-compliance by the administrator representing the company of the obligation stipulated in art. 62 paragraph (1), at the expiration of the aforementioned term, constitutes a contravention and is sanctioned with a fine from 5,000 lei to 10,000 lei.

The finding of contraventions and the application of sanctions are carried out by the control bodies of the Ministry of Public Finance – the National Agency for Fiscal Administration and its territorial units and by the National Office for the Prevention and Combating of Money Laundering, through its own agents.

The report of finding the contravention is communicated to the Trade Registry office, in which it is recorded that the non-submission of the declaration attracts the dissolution of the company, under the conditions of art. 237 of the Companies Law no. 31/1990, republished, with subsequent modifications and completions.

If, within 30 days from the date of application of the contravention sanction, the company representative did not submit the declaration regarding the identification data of the real beneficiary, at the request of the National Trade Register Office, the court or, as the case may be, the specialized court may pronounce the dissolution of the company (the cause the dissolution may be removed before any conclusions can be drawn).

In 2020, the legal persons registered until the date of entry into force of the law, subject to the obligation to submit the declaration on the real beneficiary will submit a single declaration, after the approval of the annual financial statements, which will cover both the obligation regulated by the provisions of art. 62 paragraph (1) of the law, as well as the one regulated by the provisions of art. 56 paragraph (4).

Where the declaration is filed

In all the above cases, the declaration may be given in front of the representative of the Trade Registry office or it may be submitted in authentic form. Registration applications aimed at submitting the above statements can be submitted at the counter, online or by correspondence, with acknowledgment of receipt. The application transmitted in electronic form will have the extended electronic signature incorporated / attached. In the case of applications submitted online (https://www.onrc.ro/index.php/ro/mentiuni/persoane-juridice/inregistrarea-datelor-din-declaratia-privind-beneficiarul-real) or by correspondence, the statements regarding the real beneficiaries will be annexed, in authentic form.

The National Trade Register Office in Romania

Uber, an alternative to the public passenger transport service, i.e. a type of private public transport, was regulated by the Government Emergency Ordinance no. 21/2019 for amending and supplementing Law no.38 / 2003 on taxi and rental arrangements.
Thus, drivers were allowed to work for ridesharing applications such as Uber, Clever or Bolt only if they are authorized individuals or if they have individual / family businesses or companies.

INTEGRUM can help you to affiliate with a Uber partner, to become authorized for the transport of persons in rental regime and to provide this type of legal service, in compliance with the Romanian laws.
INTEGRUM can advise you from an accounting and tax point of view if you own a company and want to become a Uber partner, so that you can obtain your special VAT code, have a professional accounting record and have the taxes calculated correctly, as provided by Romanian law.

 

Why choose us

 

The INTEGRUM group of companies also has a company that is licensed for alternative transport, so if you want to join an Uber partner, we are the perfect solution for you because:
• We know that if our client is doing well, we are doing well too, and that is why we will make the most of legal methods to obtain maximum profits.
• With us you become aware of what it means to choose the way you spend your time, to analyze your possibilities for maximum earnings, and to predict your future income.
• Here you will discover the client’s culture, represented by a set of clear values that have been communicated to all employees and are being constantly encouraged.
• At Integrum you benefit from individual consulting and analysis to maximize your revenues.
• If you do not own a personal car, you can carry out your activity on the basis of a rental agreement or a lease contract. If you do not have any of the above possibilities, we, Integrum, can provide you with a car.

 

How can you become an Uber driver?

In order for a natural person to be able to provide transport services in rental regime, using the Uber platform, he or she must meet the following conditions:
• To be affiliated with a company that is a Uber partner (We are a Uber partner, so we can help you in this regard);
• To be at least 21 years old and to hold a certificate attesting the professional training for the transport of persons in rental regime issued by the Romanian Road Authority – A.R.R.
• To hold a category B driving license for at least 2 years;
• The person’s criminal record must show that he/she has not been convicted of public road safety offenses, drug and traffic offenses, offenses against life, health and bodily integrity, trafficking and exploitation of vulnerable persons, offenses against freedom and sexual integrity or crimes against heritage;
• To be medically and psychologically fit for carrying out the transport activity;
• To not have had suspended the exercise of the right to drive in the last year for driving under the influence of alcohol or psychoactive substances or not to have been involved in road accidents resulting in, by his or her fault, the death or serious injury of one or more persons.
• To hold car liability insurance;
• To hold the insurance for persons and their goods;
• To have the printed copy of the contract concluded between the operator and the alternative transport operator, according to the provisions of art. 17;
• To have a badge car issued by the A.R.R.;
• To hold a certified copy of the authorization for alternative transport.

 

Integrum makes it easy for you to communicate with the Uber platform

 

Uber covers your expenses for the compliant copy for the car you drive and the professional rental certificate. The money is returned into your account and you are informed as soon as you have been paid, the value also being found in the payment situation that you can either view directly in your account, or is made available by the accounting department within our company.
The management and marketing department of our company will notify you immediately if you, as a contributing driver, have documents that need updating or reloading into the platform or you need to deal with any issue related to Uber.

The conditions to be met to receive the money for the expenses incurred by the contributing drivers are:
• Load a certified copy and/or professional certificate on the platform by February 1, 2020;
• Complete 100 races between January 1 and March 1 to qualify for the bonus for each type of document (100 races for certified copy and 100 races for professional certificate). The courses for each bonus will be counted from the date the document is added to the platform and approved.

 

Obligations of drivers transporting persons, employees at Integrum

• To have appropriate, civilized and preventive behavior in the relationship with the client;
• Not to refuse to complete a race under the initially agreed conditions;
• Not to request the payment by the passenger of another amount of money in exchange for the transport activity carried out;
• To carry the luggage of the clients, when transporting persons, within the space destined for them, without collecting additional tariffs;
• To submit to the control of authorities with attributions in the field and to submit during their activity the documents provided by this emergency ordinance and the legislation in force;
• To comply with the Internal Order Regulation established by Integrum;
• To not use audio / video media without the client’s consent.

 

Obtaining the badge for alternative transport

 

Also from February 1, each car must have an alternative transport badge.

All badges issued will be valid until October 15, 2020.

Important

• If you have applied for badges in the past (and the badges have been issued), you must submit a new application for the issuance of new badges, having to pay a new fee of 8 lei for issuance.

• It is necessary to pick up the compliant copies already released to know for what machines you will be able to request badges. If you have requests for the release of compliant copies, check that they are already issued.

Conditions for issuing badges:

You must be affiliated with a company that already holds an operator license for the alternative transport – and we, Integrum, have this license – and a certified copy for the car for which you request the badges;
You must present proof of payment of the tariff of 8 lei for issuing the badges for alternative transport. The fee is payable for the issue of two badges for each car at any post office or at A.R.R.
You must complete the application to be submitted to A.R.R. We handle everything from submission to obtaining and issuing of all the documents required for the drivers collaborating with Integrum.

 

Obtaining the cash register

You also need cash registers for cash payments. Partner drivers driving on the Uber platform need cash registers for cash payments. For this reason, we have found solutions for you. Integrum takes care of all the documentation necessary to obtain the cash register and our accounting department has already been providing support to its clients in the past for this need.

 

Do you want to become an Uber driver?

To become a contributing driver at Integrum, call 0744834854 or 0768112211 or send an email to contact@integrumromania.com directly from your site or from your email address to make an appointment for a discussion.
Take the first step – call or email – and you will surely move on to the second, i.e. the conclusion of a collaboration agreement with us.

 

Claudia Columban – Accounting Expert, Integrum Group

Companies, entities without legal personality or natural persons who have remaining fiscal obligations to the state budget at 31.12.2018 will benefit from tax facilities in the form of payment facilities, cancellation of ancillary or even principal tax liabilities (debts). The main budgetary obligations remaining as of December 31, 2018 are also understood as the budgetary obligations declared by the debtor or established by the competent fiscal body by decision after January 1, 2019, related to the fiscal periods up to December 31, 2018.

Government Ordinance no. 6 of July 31, 2019, published in the Official Gazette no. 648 of August 5, 2019, regulates the granting of facilities according to the amount of fiscal obligations due to the state budget on December 31, 2018. Thus, two situations are highlighted:

1. Establishing measures to restructure the outstanding budgetary obligations at December 31, 2018 in the case of legal entities, with the exception of public institutions and administrative-territorial units, which have debts in an amount greater than or equal to one million lei.

At this level, the granting of facilities consists of:

• rescheduling the main budgetary obligations, as well as delaying the payment of accessories and a share of the main obligation;
• converting principal obligations into shares;
• extinguishing the main budgetary obligations by paying for real estate or even cancelling a maximum of 50% of the main budgetary obligations.

The facilities are conditioned by the cumulative fulfilment of the following conditions by the debtor:

• to not meet the conditions to benefit from the payment instalment regulated by art. 168 of the Fiscal Procedure Code;
• to present a restructuring plan and a prudent private creditor test, drawn up by an independent expert;
• to not be in insolvency proceedings;
• to have not been dissolved, according to the legal provisions in force;
• to have all the tax declarations filed, according to the fiscal vector;
• to fulfil the test of the prudent private creditor, within the meaning of this ordinance. The prudent private creditor test represents a stand-alone analysis, based on the assumptions envisaged in the debtor’s restructuring plan, from which the state behaves similar to a sufficiently prudent and diligent private creditor, who would obtain a greater degree of debt recovery in the restructuring variant, compared with both the forced execution version and the opening bankruptcy procedure.

The notification by which the entity announces its intention to benefit from the restructuring of the budgetary obligations is to be submitted to ANAF until 30.09.2019. The request for restructuring can be submitted within 6 months from the entry into force of this ordinance, subject to the sanction of decay.

The restructuring of the budgetary obligations also applies to the main and additional budgetary obligations established by bodies other than the fiscal bodies, as well as for fines of any kind, sent for recovery to the central fiscal bodies after January 1, 2019 until the date of the certificate of fiscal certification.

The payment scheduling of the budgetary obligations can be approved for a period of 7 years, the beneficiary having the possibility to reach 10 years by derogation.

B. Cancellation of interest, penalties and all accessories related to the main outstanding budgetary obligations on December 31, 2018.

The beneficiaries of these facilities are:

• debtors – legal entities, natural persons or entities without legal personality – which have as of December 31, 2018 including outstanding main budgetary obligations administered by the central fiscal body under one million lei;
• debtors – natural persons or entities without legal personality, administrative-territorial units or administrative-territorial subdivisions of Bucharest or public institutions – who have outstanding budgetary obligations on December 31, 2018 of one million lei or greater.

The cancellation of all the accessories related to the main budgetary obligations outstanding at December 31, 2018 may take place under the following conditions:

• all the main budgetary obligations outstanding as of December 31, 2018 inclussively, administered by the central fiscal body, are extinguished by any means provided by law until December 15, 2019;
• all the main budgetary obligations and accessories administered by the central fiscal body with payment terms between January 1, 2019 and December 15, 2019 inclusively are extinguished by any means provided by law, until the date of filing the application for cancellation of accessories;
• the debtor must have filed all the tax declarations, according to the fiscal vector, until the date of the filing of the request for cancellation of the accessories.

The application for cancellation of the accessories is submitted after the conditions have been met, but not later than December 15, 2019.

In the case of the accessories established in addition following the control of the fiscal bodies, the facilities will be applied, if they concern the period up to 31.12.2018.

The cancellation of the accessories also applies in the case of the outstanding budgetary obligations on December 31, 2018, greater than or less than 1 million lei, even if these were established by other bodies than the fiscal bodies. In this case, the request for the cancellation of the accessories is submitted and solved by the institution or public authority that administers the respective budgetary obligations.

Integrum, through its specialists, can offer you advice and support in drawing up the necessary documentation to benefit from tax facilities.

Claudia Columban

Accounting expert

 

UBER emerged in our country out of necessity, because it was time for Romania to have alternatives to the public transport service, i.e. a private public transport system.

The emergence of applications such as UBER in Romania has been enthusiastically received both by customers and by drivers interested in carrying people other than by taxi. UBER gained popularity quickly, but its success was shadowed by fears that this service could be banned, as it happened in other countries.

The most recent regulation regarding UBER is Government Emergency Ordinance no. 21/2019 for the amendment and completion of the Law no.38 / 2003 on the taxi and the rental regime transportation. This makes it possible to carry out alternative car and driver transport activities.

As promised, authorities have approved today, on 25.06.2019, GEO 21/2019 on the conditions for carrying out the public transport of persons, other than the one performed by TAXI. Individuals who provide transport services to customers who access the UBER platform can continue to operate without problems as soon as GEO 21/20019 appears in the Official Gazette because they will provide this service in a legal manner.

Drivers will be able to work for ridesharing applications such as Uber or Bolt only if they are licensed individuals or have individual/family businesses or companies.

INTEGRUM can help you affiliate with a UBER partner, authorize you to transport people in rental regime, and perform this type of legal service in accordance with Romanian laws.

INTEGRUM can advise you on accounting and tax matters if you own a business entity and want to become a UBER partner. With our help you can get your VAT ID, keep your accounting professionaly and pay taxes correctly as prescribed by the Romanian law.

We, INTEGRUM GROUP, know that if our client is doing well we are doing well too, so we will identify the best ways to address your business’s development. With us you will discover the client-focused culture, which is represented by a set of clear values, communicated to all our employees and constantly encouraged across our company.

The conditions for a physical person to be able to provide trasport services using the UBER platform:

– to be affiliated with a UBER partner (We are a UBER partner, so we can help you in this matter);

– to be at least 21 years of age and hold a certificate of professional training for the transport of persons under renting regime issued by the Romanian Road Authority – A.R.R.;

– to hold a Category B driving license for at least 2 years;

– the person’s criminal record must indicate that he or she has not been convicted of road safety offenses, trafficking and drug use offenses, offenses against life, health and bodily integrity, trafficking and exploitation of vulnerable persons, crimes against freedom and sexual integrity or crimes against patrimony;

– to be physically and psychologically fit for the purpose of carrying out passenger transport activities;

– to not have had the right to drive suspended in the past year for driving under the influence of alcoholic beverages or psychoactive substances or to have been involved in road traffic accidents resulting in the death or serious injury of one or more persons;

– to own motor third party liability insurance;

– to own insurance for individuals and their properties;

– to have a printed copy of the contract concluded between the operator and the alternate transport operator, according to the provisions of Art. 17;

– to have the corresponding copy of the alternative transport authorization;

As a novelty, if you do not own a personal car, you can work on the basis of a rental/loan contracts or lease agreement.

Obligations of drivers transporting persons:

– to have a proper attitude and a civilized and preventive behavior in relation to the client;

– to not refuse to complete the race under the conditions initially agreed;

– to not require the passenger to pay another sum of money in exchange for the transport activity carried out;

– to carry the passengers’ luggage within the space reserved for it, without charging additional charges;

– to submit to the control of the authorities having responsibilities in the field and to submit during the activity the documents provided by this emergency ordinance and by the legislation in force;

– to not use audio/video means without the customer’s consent.

Below you can find a link where you can view draft normative acts approved at the meeting of the Romanian Government on June 25, 2019, including OUG21 / 2019 to which reference has been made:

Government Emergency Ordinance on alternative car and driver transport activities

Claudia Columban – Accounting Expert, Integrum Group

The existence of an economic entity can reach a moment when its functioning is no longer justified, for reasons such as lack of economic activity, very low turnover, a reduced interest for the products/services provided by the company, or conflicts between associates or shareholders.

What is the solution?

The company’s associates or shareholders can choose to dissolve, liquidate, and delete the entity. It is a decision often hard to take, and of course, the people involved wish for a simple and fast solution that reduces money and time loss.

Formalities related to company liquidation can be simple or complicated, depending on how well associates/shareholders cooperate when it comes to the distribution of company assets. In many cases, the entity’s representatives opt for voluntary liquidation (without needing to assign a liquidator for the job), an action which can only be performed with the assistance of an accounting expert.

What you need to know about voluntary liquidation

Voluntary liquidation consists of a series of actions whose purpose is to terminate commercial operations taking place at the date when the company is dissolved, to collect company receivables, to transform company goods into money, to pay company debt, and to divide net assets between associates.

The liquidation of trading companies is subject to the general principles stated by Law no.31/1990:

The accounting expertise is one of the most demanded services at Integrum and also one of the best-known accounting works. If you require accounting expertise for your company, here is some information about this piece of work completed by professionals in the field and its role in today’s business environment.

The definition of expertise

The expertise is a piece of work regulated by the Code of Civil Procedure (art. 201, 204-214), employed any time the opinion of specialists is needed in order to clarify certain circumstances. The expertise can draw conclusions that are relevant both in civil and commercial matters.

What the accounting expertise is

The accounting expertise is a piece of work determining the accuracy and correctness of accounting data and tax-related calculations. It also analyzes the application of legislation in force and it can be used by courts and managers throughout decision-making processes. The expert accountant checks registers, accounts, and supporting documents of the trader and provides the required information to interested parties.

Accounting expertise types

Depending on its destination, the accounting expertise can be:

• Judicial – required by judicial bodies to solve a cause;
• Extrajudicial – required by interested individuals or legal entities, in the absence of an investigation or trial file. The parts demanding expertise choose their own accounting experts and establish the objectives these specialists need to attain.

What the research object of the accounting expertise is

This piece of work can have any of the following research objects:

• Aspects of the economic and financial situation of the patrimony and its capacity to generate profit. For this purpose expert accountants analyze primary documents and technical-operative and accounting records to determine whether the patrimony is administered correctly or not.
• The behavior of managers and other members of functional or production departments – if they fulfill their job duties adequately.
• The research of a set of accounting documents and normative acts.
• Establishing negligence and abuse of service caused, for instance, by failure to perform contractual obligations.

It can explore all accounting records or just a part of them

Depending on beneficiary needs, the accounting expertise can investigate all the accounting records in a company or a part of them. The accounting expert needs to provide documented answers to each question and to determine the correctness of every piece of analyzed record. Conclusions need to be formulated in such a manner as to take into account the legislation, the regulations in the field and the objectives set by the beneficiary.

It can be part of a lawsuit

The accounting expert can provide consultancy to the judge to help them solve specialized issues and clarify certain process circumstances. In this case, the expert does not replace the judge and neither is he or she a witness. The accounting expert is appointed by the court and needs to fulfill certain conditions, such as not receiving gifts or being promised gifts by one of the parties and that he or she, the spouse, their ascendants and descendants not have any interest in the judgment of case, among others.

It can be used for solving criminal matters

When the justice system has an interest to check economical information, the accounting expertise can be used for criminal matters, with the purpose of uncovering the truth. The case is clarified in all aspects based on evidence such as statements, writings, audio or video recordings, findings, or expertise  (such as the accounting expertise). The accounting expert needs to invoke only events and transactions that can be substantiated by documents, and which are causal to the objectives set by the court, without any other personal intervention.

Judicial expertise can benefit from the participation of a consulting accounting expert as well

These experts will take part in the completion of accounting expertise and provide assistance to the designated expert. They can share the opinion of the expert appointed by the court or can have a separate opinion and sign on the expertise report as such. A service contract is closed for the work in question.

The extrajudicial expertise helps to justify decisions

Independent accounting professionals clarify economical and financial aspects and address various issues. An extrajudicial accounting expertise can be useful in situations such as:

• Choosing the right business and trade partners – the expertise can be completed without needing their approval, based on financial situations they have published.
• The conciliation of business transactions. When the implementation of commercial contracts generates conflicts, it is possible to resort to the courts or to the arbitration of an accounting expert agreed by both sides.
• Offering preliminary basis for actions to be brought to justice. The accounting expertise ensures the quality and lawfulness of information and serves as means to substantiate arbitral proceedings carried out by the justice system.
• Offering preliminary basis for actions to challenge administrative control acts with the purpose of reducing costs and saving time.

The accounting expertise is a major act of responsibility through its nature and objectives and due to the fact it provides information from the complex world of business. If you need an accounting expertise for the enterprise whose owner or employee you are, you can rely on the specialists at Integrum. We will draw the conclusions you need to make correct and informed decisions that will contribute to your business’s success.