2017

Authorization procedure and Trade Register aspects for NACE 2017

For registering a company whose main activity is "Manufacture of synthetic rubber in primary forms" (NACE code 2017), the standard steps at the Trade Register (ONRC) are followed, noting that this activity belongs to the industrial sector, classified under Section C "Manufacturing". When filing the registration application, the main activity must be explicitly stated, while secondary activities can be added later via a modification form. Standard documentation includes the certificate of incorporation, the constitutive act, proof of registered office, and the sworn declaration according to Law 359/2004 regarding fulfillment of operating conditions. For this activity, no prior approvals issued by the Trade Register are mandatory, but environmental and fire safety permits must be obtained before starting production. Specialized legal advice is recommended for drafting the constitutive act, given the technical specifics of the activity.

Regulatory framework, specific approvals and control institutions

The main normative act regulating the manufacture of synthetic rubber is Law 319/2006 on occupational safety and health, correlated with the technical norms regarding installations with major accident risks (Seveso). The relevant control institutions are the Environmental Guard, the Territorial Labor Inspectorate (ITM), the National Authority for Consumer Protection and the National Agency for Chemicals. Depending on the quantities of hazardous substances stored, an approval from the Fire Department (ISU) regarding fire safety and an environmental permit with an impact study may be required. For activities involving pollutant emissions, obtaining an integrated environmental permit (IEP) under Law 278/2013 is necessary. Also, the transport of raw materials and finished products falls under ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), requiring specific equipment and personnel training. Regular verification of reporting obligations to the Environmental Protection Agency and compliance with emission limits is recommended.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, this activity falls under NACE code 2017, and corporate income tax is calculated according to Title II of the Fiscal Code. VAT applies at the standard rate of 19%, and if goods are supplied to other Member States, an exemption with the right of deduction may apply under intra-Community supply conditions. ANAF may initiate a tax audit based on the risk associated with the industrial specifics, primarily targeting: undervaluation of stocks, failure to record waste generated, or discrepancies between the technological flow and accounting documents. Accounting must distinctly reflect production costs (raw materials, direct labor, indirect expenses), and evaluation of work-in-progress at standard cost or actual cost is mandatory according to Order 1802/2014. Also, there is an obligation to set up provisions for decommissioning installations and site restoration, based on IAS 37 or National Order 1802. To manage audit risk, it is mandatory to keep technical documentation (analysis bulletins, reactor sheets) and reconcile stocks with accounting records monthly. Last but not least, the company must register in the RO e-Factura system and report via e-Transport for goods with high fiscal risk, according to current legislation.