5912

Authorisation procedure and Trade Register aspects for CAEN 5912

A company intending to carry out activities classified under CAEN 5912 (Post-production activities for motion pictures, video and television programmes) must follow the standard registration procedure at the National Trade Register Office (ONRC). This code covers services such as editing, montage, sound mixing, visual effects, animation, colour grading and restoration. Upon registration, it is mandatory to mention CAEN code 5912 as the main or secondary object of activity, as the case may be. The articles of incorporation must include an exact description of the activity, without being limited to the generic name. For legal persons, a declaration on own responsibility according to Law 359/2004 regarding the fulfilment of operating conditions must be submitted. There are no special requirements concerning minimum share capital, but for specific activities (e.g., handling expensive equipment) adequate capitalisation is recommended. At ONRC, standard forms (registration application, articles of incorporation, proof of registered office, etc.) are submitted and legal fees are paid. After registration, the registration certificate and the unique registration code are obtained.

Regulatory framework, specific endorsements and control institutions

Post-production activities are not subject to a special authorisation regime at ONRC level, but may be subject to sectoral regulations. If the company provides services for the audiovisual field (television, cinema), it must comply with the provisions of the Audiovisual Law no. 504/2002 and the National Audiovisual Council (CNA), but these mainly target broadcasters and producers, not post-production. However, for certain activities (such as dubbing or subtitling), licences for the use of protected works may be required, and the company must conclude contracts with collective management organisations (e.g., DACIN-SARA, UCMR-ADA). There are no mandatory prior endorsements for opening the premises, but compliance with fire safety and occupational health and safety regulations is required, according to the legislation in force. The control institutions are: the Tax Authority (ANAF) for fiscal verifications, the Territorial Labour Inspectorate (ITM) for labour relations, and local authorities for operating permits (if there is a place of work). In addition, if IT equipment is used, the GDPR regulation on personal data protection applies.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, the company is obliged to register with the Tax Authority (ANAF) and obtain the fiscal vector. Corporate income tax is calculated according to the Fiscal Code, with the standard rate being 16%. For royalty income, there may be cases of withholding tax (tax on non-resident income). VAT: if turnover exceeds the threshold of RON 300,000, VAT registration is required. Post-production services may be provided to clients in the EU as well, in which case the rules on place of supply apply (B2B – reverse charge, B2C – VAT in the client's country). The use of the RO e-Factura system becomes mandatory for B2B relationships if both parties are registered in RO e-Factura (according to ANAF order). Specific accounting involves recording production costs (salaries of artists and technicians, studio rents, equipment depreciation, software licences). ANAF audit risk: the authorities may verify the reality of service provisions (contracts, orders, deliverables), the deductibility of royalty expenses and transfer pricing documentation (if transactions with related parties exist). It is recommended to maintain an electronic archive of completed projects, timesheets and job sheets to demonstrate economic coherence. Additionally, it is useful to analyse the profit margin compared to the industry average to avoid tax adjustments.