6031

Procedure for authorization and Trade Register aspects for CAEN 6031

For registering with the Trade Register (ONRC) a company that will carry out news agency activities (CAEN 6031), the provisions of Law 31/1990, Law 26/1990, and Law 359/2004 must be observed. When filing the registration application, a sworn declaration is completed in accordance with Law 359/2004, by which the associates and administrators declare that they meet the legal conditions for operation. The main object of activity must be specified exactly as "6031 - Activities of news agencies". No prior authorizations from ONRC are required, but for certain related activities (e.g., media broadcasting) approvals from the National Audiovisual Council (CNA) or the Ministry of Culture may be necessary. We recommend consulting a specialized lawyer to verify specific obligations.

Regulatory framework, specific approvals, and control institutions

CAEN 6031 includes the collection, transmission, and distribution of current information (news, articles, reports) to subscribers (media, institutions, public). The activities are subject to Law 8/1996 on copyright, as journalistic content is protected. Also, news agencies must comply with EU Regulation 2016/679 on the protection of personal data (GDPR). There is no general mandatory approval for this CAEN code, but if the agency broadcasts audiovisual media products (live streaming, TV/radio broadcasts), a license from the National Audiovisual Council (CNA) must be obtained. The activity is not subject to sanitary control or DSV authorization, but is monitored by the National Authority for Administration and Regulation in Communications (ANCOM) if using radio spectrum or electronic communications services. The Tax Authority (ANAF) may check compliance with tax obligations, and the Labour Inspectorate (ITM) verifies compliance with labour regulations.

Fiscal management, ANAF audit risk, and specific accounting

For taxpayers carrying out CAEN 6031, the fiscal regime is regulated by the Fiscal Code (Law 227/2015). Depending on turnover, one may opt for income tax (microenterprise) or profit tax. At incorporation, a fiscal registration declaration (Form 010) is filed with ANAF and the fiscal vector is requested. If revenues exceed 300,000 lei (VAT threshold), VAT registration becomes mandatory. The RO e-Factura and RO e-Transport systems apply gradually – B2B invoices must be transmitted via e-Factura, and transport of goods with high fiscal risk via e-Transport. Income from subscriptions (access fees to news feeds) is recorded in accounting as revenue from services rendered (account 704). Expenses for journalists, editors, and editorial staff are reflected in salary accounts. From a VAT perspective, if services are provided to beneficiaries in the EU, the reverse charge rules apply (art. 331 CF). News agencies must prepare annual financial statements. The risk of ANAF audit is high in the area of cross-border payments and royalties for content licenses – strict documentation of deductible expenses is recommended. Obligations regarding the single declaration for individuals (Pillar II contribution, CASS) apply in the case of collaborators under service provision contracts.