4611

Authorization procedure and Trade Register aspects for CAEN 4611

Setting up a company that will carry out the activity of intermediation in the trade of agricultural raw materials, live animals, textile raw materials and semi-finished products (CAEN 4611) requires going through the standard registration formalities at the Trade Register (ONRC), with attention to the object of activity. It is recommended to register CAEN 4611 as the main activity, although it may also be secondary; however, if the estimated revenues are preponderant, the tax authorities may request clarifications. The constitutive act must include specific clauses regarding the intermediation mandate, commission and payment method. It is necessary to submit a sworn declaration pursuant to Law 359/2004, whereby the administrator confirms that the company meets the operating conditions, without mandatory prior approvals, except in cases where intermediation involves regulated products (e.g., pesticides, genetically modified organisms). For operations with live animals, EC Regulation 178/2002 on traceability and Law 150/2004 on animal welfare apply, and registration with the National Sanitary Veterinary and Food Safety Authority (ANSVSA) may be required.

Regulatory framework, specific approvals and control institutions

The activity of intermediation in the trade of agricultural raw materials is subject to the Civil Code (agency contract), the Commercial Code and specific capital market legislation if transactions involve derivative products. Intermediaries must comply with Regulation (EU) No. 1308/2013 on the common organisation of agricultural markets, which requires statistical reporting of prices and quantities to the Ministry of Agriculture and Rural Development (MADR). For textile raw materials and semi-finished products, customs rules and preferential origin regulations apply. The relevant control institutions are: the Tax Authority (ANAF) (for VAT and corporate income tax), the Trade Register (ONRC) (for compliance with legal form), MADR (for agriculture), ANSVSA (for live animals) and the Labour Inspectorate (if employees are involved). Environmental permits are not required if the activity is exclusively intermediation, without physical holding of goods.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal perspective, CAEN 4611 intermediaries are treated as service providers, with the commission representing the tax base for VAT and corporate income tax. VAT registration is mandatory if the turnover exceeds the exemption threshold (300,000 lei in 2024) or if intra-Community acquisitions are made. For transactions with individual farmers, the VAT collection system applies if the threshold is exceeded. The risk of ANAF audit is high due to cash transactions and the difficulty of proving the reality of services. Strict documentation of agency contracts, commission notes, correspondence and payment evidence is recommended. Accounting must separately highlight commission income and deductible expenses (transport, telephone, legal services). The single declaration (Form 212) is submitted by the administrator if dividends are received. It is mandatory to submit Declarations 394 (issued and received invoices) and 406 (e-Factura) for invoices issued to legal entities. The RO e-Factura system applies for invoices issued in business-to-business relations from 2026, but voluntary adoption is recommended. Intermediation of live animals may be exempt from VAT under Article 292 of the Fiscal Code, provided correct classification. Ideal staffing: certified accountant, tax consultant and lawyer specialised in commercial contracts.