4682

Authorization procedure and Trade Register aspects for CAEN 4682

To establish a company with CAEN 4682, the standard registration procedure at the Trade Register (ONRC) must be followed. The registration application is submitted in accordance with Law no. 26/1990 and Government Emergency Ordinance no. 116/2009 and must be accompanied by the constitutive act, the affidavit pursuant to Law 359/2004 regarding the fulfillment of operating conditions, as well as proof of the registered office.

Specific documents and mentions

There are no additional requirements beyond the general procedure, but the main object of activity code CAEN 4682 must be clearly specified. When completing the single declaration (form 010), you will also check the relevant secondary CAEN codes (e.g., 4672 for non-ferrous metals). We recommend prior verification of the availability of the company name and registered office.

Necessary endorsements and authorizations

• Environmental authorization – if the storage or handling of metals involves hazardous substances, an opinion from the local Environmental Protection Agency is required pursuant to Law no. 211/2011.
• ISU (Emergency Situations Inspectorate) endorsement – for storage spaces over 200 sqm or with fire risk (combustible materials).
• Sanitary-veterinary registration – necessary only if metal waste is handled (depending on specifics).
• Operating authorization from the local mayor's office – depending on urban zoning.

Regulatory framework, specific endorsements and control institutions

Wholesale trade of metals is regulated by Government Ordinance no. 99/2000 on the commercialization of products on the market, transposing EU directives, and by Law no. 12/1990 on protecting the population against illicit commercial activities. The control institutions are: Trade Register (ONRC), Tax Authority (ANAF) (including for VAT collection and operational checks), Environmental Guard (for compliance with recycling and waste norms), Territorial Labor Inspectorate (for safety when handling heavy loads), and National Authority for Consumer Protection (quality and labeling).

Risks and sanctions

Failure to comply with the obligation to correctly declare the tax vector (VAT, specific tax) or the lack of documents proving the origin of metals attracts severe sanctions: fines from 5,000 to 50,000 lei, pursuant to Law no. 241/2005 on combating tax evasion, and even suspension of activity. ANAF checks mainly target the correspondence between accounting stocks and physical stocks, as well as the correctness of invoicing in the RO e-Factura system.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, CAEN 4682 involves standard obligations: registration as a VAT payer if turnover exceeds the threshold of 300,000 lei (or optional), monthly/quarterly VAT declaration through form 300 and D390 for intra-Community supplies. Corporate income tax is calculated according to the Fiscal Code (Articles 16-44), and micro-enterprises may opt for income tax (1% or 3% of turnover).

ANAF audit risk

Metal trading is considered a high tax risk area due to the likelihood of evasion through undervaluation or undeclared transactions. ANAF carries out operational checks, including unannounced inspections at the registered office and work points. It is recommended to:

• Keep supporting documents for each transaction (invoices, delivery notes, CMR) for at least 5 years.
• Register in the RO e-Factura system for all issued invoices (mandatory from 2022 for B2B).
• Pay taxes on time – delays generate interest of 0.02% per day and risk of account freezing.

Specific accounting

Accounting must strictly reflect stock movements: receipt of metals based on delivery notes (NIR), valuation at acquisition cost (including transport costs), and stock depletion at weighted average cost (CMP). We recommend using an integrated management program with invoicing. For imports, customs duties apply (0% for most unprocessed metals in the EU) and VAT at the border.

For tax optimization, you may set up provisions for stock depreciation, under the conditions of Article 26 of the Fiscal Code, if the market value falls below cost. Also, intra-Community acquisitions must be declared in D390 and in the VAT return.

Finally, permanent updating of the object of activity at ONRC (via modification form) and compliance with labeling rules (pursuant to Government Emergency Ordinance no. 12/2006) are mandatory for business continuity.