2670

Authorization procedure and Trade Register aspects for CAEN 2670

For setting up a company that will carry out activities classified under CAEN 2670, the standard registration procedure at the Trade Register (ONRC) applies, with the mention that the main object of activity must be stated exactly as in the Classification of Activities in the National Economy. The constitutive act must necessarily include clauses regarding the processing of personal data, given the specific nature of manufacturing optical instruments and photographic equipment involving the storage of images and information. A sworn declaration according to Law 359/2004 must be submitted for all secondary CAEN codes, and for activities involving magnetic and optical media, it is recommended to include provisions regarding the management of waste electrical and electronic equipment (WEEE). For the registered office, the owner's consent is required and, if applicable, a fire safety authorization from the Fire Brigade (ISU), since the manufacturing process may involve chemicals and flammable materials.

Regulatory framework, specific permits and control institutions

The manufacture of optical instruments, magnetic and optical media and photographic equipment is regulated by the Government Decision establishing the conditions for placing products on the market, transposing European directives. Finished products must comply with specific technical standards, such as SR EN ISO 9001 for quality management systems, and for optical instruments for medical use, Regulation (EU) 2017/745 on medical devices applies. Activities involving magnetic or optical data storage fall under Law 677/2001 on the protection of individuals with regard to the processing of personal data (applicable until full implementation of GDPR), which requires notification to the National Supervisory Authority for Personal Data Processing (ANSPDCP). Also, for emissions and waste resulting from the manufacturing process, the control authority is the National Environmental Guard (Garda Națională de Mediu), and for product safety - the National Authority for Consumer Protection (ANPC). Obtaining permits depends on the specifics of production: for the use of lasers or optical radiation, a permit from the National Commission for Nuclear Activities Control (CNCAN) or from the Ministry of Health is required, as the case may be. There is no prior permit from the Trade Register, but it is recommended to consult the territorial structure of the Ministry of Economy to clarify the authorization obligations.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, companies operating under CAEN 2670 are subject to 16% corporate income tax, and if they achieve revenues exceeding EUR 1,000,000/year, they fall under the scope of the RO e-Factura and e-Transport systems. The standard 19% VAT applies to sales of finished products, and for intra-Community supplies, exemption with the right of deduction may apply, provided the valid VAT code is held and registration in the Register of Intra-Community Operators is completed. The fiscal vector is completed at the Trade Register and at the Tax Authority (ANAF) through declaration 091, mentioning the main CAEN code. Major risk of relevance in case of a tax audit: the recording of inventories of specific raw materials (optical glass, rare metals, photosensitive materials) and work in progress. Accounting must separately reflect tangible fixed assets (precision machinery) and their depreciation, usually over 5-10 years, depending on the useful life. Research and development expenses (if any) may benefit from corporate income tax relief under Government Emergency Ordinance 50/2018, but require notification to the Tax Authority. For exports of sensitive photographic equipment (e.g., infrared cameras), restrictions apply according to the Export Control Regime for dual-use products, and receipts in foreign currency are subject to the INTRASTAT statistical declaration if the value threshold is exceeded. I recommend consulting a tax expert with experience in industrial production to avoid errors in inventory valuation and recording of indirect production costs.