4764

Authorization procedure and Trade Register aspects for NACE 4764

For registration with the Trade Register (ONRC) of a company with the main activity NACE code 4764, the following documents must be submitted to the trade register office: the registration application, the constitutive act (in authentic form or under private signature, as the case may be), the affidavit according to Law 359/2004 regarding the fulfillment of operating conditions specific to the trade in games and toys, and proof of the registered office (lease agreement, loan for use agreement or property deed). Attention: for the retail sale of games and toys, no additional approvals from the Ministry of Health or the Consumer Protection Authority are required at the time of registration, but the safety standards for products intended for children must be observed, in accordance with Government Ordinance no. 2/2001 on consumer protection and product safety. After registration, the company will receive the registration certificate and the excerpt from the Trade Register. It is recommended to precisely encode the object of activity according to the NACE Rev. 2 nomenclature, without introducing unauthorized activities. If online sales are intended, the NACE code 4791 (retail sale via the internet) must also be added. At the registered office, a plate with the name and identification data must be displayed.

Regulatory framework, specific approvals and control institutions

The main regulator for NACE code 4764 is the National Authority for Consumer Protection (ANPC) through the application of the provisions of Government Ordinance no. 21/1992 on consumer protection and Law no. 363/2007 on the obligations of economic operators regarding product safety. The toys sold must comply with European Directive 2009/48/EC on toy safety, transposed into national legislation by Government Decision no. 23/2015 establishing essential safety requirements for toys. CE marking on products and the existence of a declaration of conformity are mandatory. Strict control points: correct labeling (recommended age, warnings, composition), prohibition of hazardous chemical substances (phthalates, lead, etc.), compliance with noise limits for electric toys. Inspections are carried out by the ANPC and the State Inspectorate for Road Transport Control (ISCTR) only if transport is involved. For imports, customs verification by the Romanian Customs Authority and the presentation of conformity certificates are required. There is no obligation to obtain an approval from the Ministry of Health prior to opening, but the trader must hold a file with supporting documents for each toy sold.

Tax management, ANAF audit risk and specific accounting

From a fiscal point of view, businesses with NACE code 4764 are subject to the general rules of the Fiscal Code (Law 227/2015). If the company exceeds the threshold of 300,000 lei in the previous fiscal year, it becomes a VAT payer on collection (VAT on collection according to art. 282). ANAF audit risk is increased if discrepancies are found between reported and physical inventories, or if commercial margins are abnormal compared to the market average. Rigorous inventory management is recommended through the RO e-Factura system for supplies to legal entities and through electronic cash registers connected to ANAF for cash receipts. The single declaration on income tax and social contributions is filed annually for administrators or associates. In the case of dividend distribution, the 8% tax is declared through declaration 100 and paid by the 25th of the following month. The main object of activity must be correctly reflected in the trial balance and in the annual financial statements. For expense deduction, justification with documents (invoices, receipt notes) is necessary. Bonus: periodic verification of the list of prohibited products by ANPC and updating of labels. Non-compliance with safety regulations entails fines of up to 50,000 lei.