3212

Authorization Procedure and Trade Register Aspects for CAEN 3212

For setting up a company whose main activity is CAEN code 3212 – Manufacture of jewellery and similar articles from precious metals and stones, a standard registration application together with the founding documents must be submitted to the Trade Register (ONRC). No prior clearance from specialized authorities is required for operating authorization; only a sworn declaration under Law 359/2004 that the registered office meets legal requirements and that the activity does not require prior authorization is needed. However, if the activity involves handling precious metals (gold, silver, platinum, etc.) and precious stones, it is mandatory to obtain an operating license from the Ministry of Finance, through the General Directorate for Large Taxpayers or territorial structures of the Tax Authority (ANAF), in accordance with Law 85/1994 on precious metals and precious stones, as republished. In addition, for the sale of finished products, registration with the Trade Register of relevant secondary CAEN codes (e.g., 4777 – Retail sale of watches and jewellery) may be required.

Regulatory Framework, Specific Permits, and Control Institutions

The activity of manufacturing jewellery is strictly regulated by Law 85/1994 and the implementing rules approved by ANAF President Order no. 2027/2013. Any economic operator must be authorized by ANAF – Customs Directorate or the Precious Metals Directorate, depending on competence. The license is obtained after verifying the technical capacity and specific equipment, as well as the existence of a strict record-keeping system for raw materials (precious metals, stones). Holding and using precious metals requires mandatory registration in the special register for precious metals (Register M), managed by ANAF. For commercialization, jewellery must be stamped with state hallmarks certifying the metal's fineness, according to legal provisions. Compliance with regulations is monitored by ANAF, through the Precious Metals Directorate, as well as by the Financial Guard and Police. For activities involving the handling of natural precious stones, the provisions of Law 118/1996 on consumer protection (labelling, certification) also apply, making it mandatory to issue an authenticity certificate for each product. Additionally, employees working directly with precious metals must be declared to ANAF, and the company must comply with fire safety and occupational health and safety requirements.

Tax Management, ANAF Audit Risk, and Specific Accounting

From a fiscal perspective, companies with CAEN 3212 are classified as corporate income taxpayers (or micro-enterprise income taxpayers if conditions are met). VAT applies to the supply of jewellery, but transactions with precious metals may be VAT exempt under certain conditions (e.g., delivery of investment gold, according to the Fiscal Code, art. 294). VAT on collection is mandatory for companies with turnover below 4,500,000 lei. Tax obligations include monthly/semi-annual VAT returns, filing of declaration 394, and transmission of invoices through the RO e-Factura system (mandatory from 2024 for all B2B and B2C supplies to legal entities). Accounting must strictly record movements of precious metals and stones, with special registers (stock cards, batch cards) for each gram of gold or silver. ANAF may initiate an in-depth audit to verify stocks, hallmarks, and the origin of raw materials. A major risk is represented by intra-Community acquisitions of precious metals, which are subject to special reporting rules (e.g., recapitulative declaration 390). It is mandatory that all purchase invoices contain the mention “precious metals” and their fineness. To attract investment, registration as a VAT-on-collection payer or application of the margin scheme for second-hand goods (if old jewellery is traded) may be considered. The practical recommendation is for entrepreneurs to collaborate with a specialized tax consultant, as non-compliance with obligations regarding hallmarking, record-keeping, and reporting can lead to substantial fines and even suspension of the license.