4619

Authorization Procedure and Trade Register Aspects for NACE 4619

When registering with the Trade Register a company whose main activity is NACE code 4619 (Intermediation in the trade of various products), the provisions of Law No. 359/2004 on simplifying registration with the Trade Register must be observed. For this class, no specific prior approvals are required, but it is mandatory to submit a sworn declaration according to Art. 11 para. (1) of the aforementioned law, by which the administrator declares compliance with the operating conditions.

If the intermediation involves products subject to special regimes (for example, alcohol, tobacco, pharmaceuticals, weapons), additional authorizations must be obtained from the control institutions (ANPC, Ministry of Health, etc.) before starting the activity. Otherwise, ONRC allows registration without prior approvals, but the entrepreneur must be aware of the obligation to request the necessary authorizations depending on the products actually intermediated.

Recommendation: when completing the registration application, specify as secondary activity the relevant NACE codes for the specific products you will intermediate (e.g., 4613 for wood, 4614 for machinery) to avoid sanctions.

Regulatory Framework, Specific Approvals and Control Institutions

The activity of intermediation in the trade of various products is not subject to special regulation, but is carried out under the Civil Code (the intermediation contract) and Law No. 26/1990 on the Trade Register. The relevant control institutions are ANAF (for tax issues), ITM (for labor relations) and, where applicable, ANPC (for consumer protection, if the intermediation concerns final consumer goods).

Obtaining a special license is not necessary for simple intermediation, but if the activity includes handling or holding stocks, obligations regarding fire safety or sanitary authorizations may arise. Also, if the intermediation involves the transport of goods, it must be checked whether it falls under road transport activities, which require a transport license.

Important: Although NACE code 4619 is generic, in practice, the tax authorities expect it to be used only as a secondary or temporary activity. Using it as a main activity may attract the attention of ANAF during a risk analysis, given the potential lack of real economic substance.

Tax Management, ANAF Audit Risk and Specific Accounting

From a tax perspective, intermediation for various products means service provision, and revenues are recorded as income from services rendered, not as income from the sale of goods. Invoicing is done according to the VAT regime – if the intermediation is provided to a Romanian company, 19% VAT applies (or 9% where applicable). If the intermediation involves intra-Community or extra-Community transactions, obligations to register in the ROI (Register of Intra-Community Operators) may arise.

In accounting, deductible expenses include commissions paid to other intermediaries, transport costs, advertising, etc. The company must use the specific accounts for service provision (account 704). It must also organize analytical records for each intermediation contract.

The risk of ANAF audit is high for this class, as it is frequently used by companies that do not carry out real activities or cannot justify their income. It is recommended to keep supporting documents for each transaction: intermediation contracts, invoices, correspondence with partners, proof of payment. ANAF may verify whether there is economic substance (premises, personnel, fixed assets) and whether the intermediation is real. Tax returns (D100, D300, D394) must be filed correctly and on time. If the company does not declare significant income or has disproportionate expenses, it risks being included in the list of inactive taxpayers.

Accounting recommendation: for each intermediation contract, prepare a file containing the supporting documents, and at the end of the month, record the income based on the issued invoices. If the intermediation is done on a mandate basis, treat it accounting-wise as commission operations.