2812

Authorization procedure and Trade Register aspects for CAEN 2812

Setting up an LLC with the main activity CAEN 2812 ('Manufacture of hydraulic engines') is carried out in accordance with the Companies Law no. 31/1990 and Law no. 359/2004 on simplification of registration. There are no special prior operating authorizations for registration with the Trade Register (ONRC), but the standard registration procedure must be followed. The associates submit the application accompanied by the constitutive act and the declaration on their own responsibility according to Law 359/2004, by which they certify compliance with the legal conditions for carrying out the activity. The Trade Register Office (ONRC) assigns the registration number (J) and the registration certificate, and subsequently the tax identification code (CUI) is requested from the Tax Authority (ANAF). For CAEN code 2812, the authorities may request additional documents only if the activity involves products with a special regime (e.g., components for the military or aerospace industry). In the case of a registered office that does not correspond to the production destination, a secondary place of business may also be declared with ONRC, with the mention that the manufacturing actually takes place in another space authorized by the local and environmental authorities.

Regulatory framework, specific permits and control institutions

Manufacturing of hydraulic engines is subject to technical regulations on machinery safety (Directive 2006/42/EC transposed by Government Decision no. 119/2014) and standards SR EN ISO 4413 on hydraulic systems. For placing on the market, the manufacturer must perform conformity assessment and draw up the EU declaration of conformity, applying the CE marking. Control institutions include the National Authority for Consumer Protection (ANPC) and the Territorial Labor Inspectorate (ITM) for compliance with occupational safety regulations. Also, the National Agency for Environmental Protection (ANPM) may require an environmental impact assessment, especially if the production process involves emissions, hazardous waste or high resource consumption. Depending on the specifics of the production, permits from ISU (fire prevention) and the Public Health Directorate (if hazardous fluids are used) may be required. For components falling under regulations on explosives or hazardous substances, Government Decision no. 1058/2006 on product safety additionally applies.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, companies operating under CAEN 2812 are classified as medium or large taxpayers if their turnover exceeds legal thresholds. Corporate income tax is calculated according to the Fiscal Code (Law no. 227/2015), and for income from the sale of hydraulic engines, the standard rate of 16% applies, with the possibility of applying exemptions for reinvestment of profit in technological equipment (art. 22). VAT is collected at the standard rate of 19%, and invoicing is carried out through the RO e-Factura system, mandatory for B2B operations from 2024. Specific accounting involves tracking production costs (raw materials, labor, depreciation) through management accounts (accounts 921-923). Inventories of materials and finished products are valued at acquisition cost or production cost, according to the Ministry of Public Finance Order no. 1802/2014. ANAF audit risk arises in case of discrepancies between accounting and physical inventories, failure to record export operations (VAT exemptions) or non-compliance with transfer pricing conditions for transactions with related parties. Monthly reporting of operations through the SAF-T system (D406) and maintaining strict records of import-export documents is recommended. Also, obtaining a fiscal registration certificate for intra-Community operations is useful if delivering to EU states. At the end of the financial year, filing annual financial statements with ONRC and the Insolvency Proceedings Bulletin (BPI) is mandatory.