6619

Authorization procedure and Trade Register aspects for CAEN 6619

For registration with the Trade Register (ONRC) of an LLC or sole proprietorship under CAEN code 6619, the standard registration procedure is mandatory. The constitutive documents must include the main activity object exactly according to the CAEN Rev. 2 classification, namely 'Activities auxiliary to financial intermediation, except insurance and pension funding activities'. No prior special approvals from the National Bank of Romania (BNR) or the Financial Supervisory Authority (ASF) are required, as the activity is auxiliary and does not involve direct intermediation. However, when filing the affidavit under Law 359/2004, it must be stated that the company does not carry out regulated activities requiring an operating authorization.

For subsequent modification of the activity object, a standard application, the general meeting resolution and the new constitutive documents must be submitted. ONRC fees are standard, and the processing term is 3-5 working days. We recommend specifying clearly in the documents that the company provides services such as financial consultancy, preparation of transaction documentation, risk assessment, but without receiving or paying funds for third parties.

Regulatory framework, specific approvals and control institutions

The main normative act governing activities auxiliary to financial intermediation is the Fiscal Code, especially Title VII on taxes and duties. Although the activity is not under direct supervision of BNR or ASF, it is subject to control by the Tax Authority (ANAF) for fiscal matters and the Trade Register for continuous compliance with the activity object. No prior approvals from the Ministry of Finance or other institutions are required.

However, the entity must comply with regulations on financial data protection (GDPR) and, if it provides indirect intermediation services (e.g., introducing clients to banks), it must ensure it does not exceed the limits of auxiliary activities. Any direct intermediation of loans or financial instruments would require ASF authorization. Periodic control is carried out through ANAF checks of tax returns and the fiscal vector.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, income derived from CAEN 6619 is classified as service income, subject to corporate income tax of 16% (or micro-entity income tax if conditions are met). The single return is mandatory for those opting for the micro-entity system, and for LLCs, declarations 101 and 100 are filed quarterly. The activity does not reach the threshold for the RO e-Factura system unless it reports transactions with other entities, but voluntary compliance is recommended.

The ANAF audit risk is medium, especially if large financial flows to third parties are recorded. To minimize risk, clear accounting must be maintained, with records of each service contract. The tax base is determined on net income, and deductible expenses include salaries, rent, consultancy services received. There are no special reporting obligations to BNR, but issued invoices must comply with the requirements of the Accounting Law. It is recommended to use a certified accountant to correctly manage the fiscal vector and avoid CAEN classification errors.