4685

Authorization procedure and Trade Registry aspects for CAEN 4685

Setting up a company that will carry out wholesale of chemical products (CAEN 4685) involves going through the standard registration steps at the Trade Register (ONRC), with specific mentions regarding the object of activity and additional documents. According to Law 359/2004, at the time of registration, the administrator or sole associate must submit a declaration on own responsibility stating that the company meets the legal conditions for carrying out the activity. The declaration must attest, in particular, compliance with fire safety, environmental and public health regulations, these being relevant areas in the chemical trade.

The main object of activity must be drafted exactly according to the CAEN rev. 3 Nomenclature, i.e. '4685 - Wholesale of chemical products'. At the ONRC, related secondary codes may be requested, such as 4673 (wholesale of wood materials) or 4669 (wholesale of machinery), but these do not require additional authorizations beyond those mentioned. It is not recommended to include in the object activities that involve direct handling of hazardous substances without prior permits (e.g., chemical storage, production).

The registration procedure is carried out online through the ONRC portal, by submitting the constitutive documents, the declaration and proof of the registered office. For the registered office, a lease or property title is required, and if the registered office is declared as a place of business, checks may be requested by the ISU or the Environment Guard, depending on the nature of the products. The processing term is 2-3 working days, and the registration fee is 200 lei for legal entities.

Regulatory framework, specific permits and control institutions

Wholesale of chemical products (CAEN 4685) is strictly regulated in Romania by GEO 195/2005 on environmental protection, Law 319/2006 on occupational safety and health, Law 360/2023 on consumer protection and GD 1061/2010 on the transport of dangerous goods. Companies trading substances classified as hazardous (according to CLP/REACH) must register with ANPC for the authorization of trade, and if they hold stocks, they must request a permit from ISU for storage.

For chemical products requiring special transport conditions, ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) applies. If the company carries out its own transport, it must have a designated ADR safety adviser, and the vehicles must be certified. In case of import or export of such products, notification to the Tax Authority (ANAF) - Customs Office is required, with payment of customs duties and import VAT.

The main control institutions are the National Environmental Guard (checking chemical waste management and environmental permit), ITM (inspecting occupational safety and employee training) and ANPC (labeling, safety data sheets). For companies storing large quantities, ISU may require a fire safety permit.

Tax management, ANAF audit risk and specific accounting

From a fiscal point of view, companies with CAEN 4685 are subject to the Fiscal Code (Law 227/2015). Profit tax is calculated at 16%, and micro-enterprises may apply 1% or 3% if they have a turnover under 500,000 euros and do not carry out activities in banking or gambling. VAT applies at the standard rate of 19%, with the possibility of refund for exports. The transmission of invoices through the RO e-Factura system is mandatory for B2B relationships, under the penalty of not benefiting from VAT deduction. Also, e-Transport applies for monitoring high fiscal risk transports, including for chemical products.

Monthly declarations include D300 (VAT return), D394 (informative declaration on deliveries), and annually D101 (profit tax return). The fiscal vector is completed at ONRC according to the CAEN codes and the locality. ANAF carries out tax inspections focused on specific risks: transfer pricing in case of imports from affiliated suppliers, deductibility of expenses for obsolete stocks or technological losses. It is recommended to keep strict records of goods movements and REACH certificates of conformity.

Specific accounting involves recording purchases of chemical products in account 371 (Goods), evaluating inventories at acquisition cost with possible adjustments for impairment, based on year-end tests. Expenses for laboratory tests and permits are deductible. Depreciation of fixed assets (e.g., storage equipment) is done according to the depreciation catalog. The obligation to report beneficial owners is transmitted to ONRC. Non-compliance with environmental regulations attracts substantial fines, and in case of tax irregularities, accessories are applied according to the Fiscal Procedure Code.