7312

Authorization procedure and Trade Register aspects for CAEN 7312

Setting up a company that carries out media representation services (CAEN 7312) involves going through the standard registration procedure at the Trade Register (ONRC). For individuals, it is recommended to establish a limited liability company (SRL) or an authorized natural person (PFA).

• Articles of incorporation: Drafted in accordance with Law 31/1990, expressly mentioning the objects of activity: main – CAEN 7312, and secondary. The registered office must be accompanied by a usage agreement (loan for use, lease or ownership deed).
• Sworn declaration: Under Law 359/2004, a sworn declaration is submitted to the Trade Register (ONRC) stating that the company meets the operating conditions (premises, equipment, fire safety, environmental standards, etc.).
• CAEN code 7312: Does not require special prior approvals for registration, but it is recommended to check whether related activities (e.g., advertising content production) entail additional obligations.
• Administrator and shareholders: Persons with management duties must not have legal prohibitions and must present a fiscal and judicial record upon bank request or during controls.

Regulatory framework, specific permits and control institutions

CAEN 7312 – media representation services – falls within intermediation activities in advertising and mass media. The main applicable regulations are:

• Law 148/2000 on advertising – sets out the conditions for broadcasting advertisements, information obligations, prohibitions for certain products (tobacco, alcohol, medicines) and the obligation to have representation contracts with clients.
• Law 206/2004 on good practices in research – if media representation involves audience studies or surveys.
• Specific permits: No prior permit from the National Audiovisual Council (CNA) is required for mere representation, but an agency that broadcasts content via TV/radio channels must hold a license. If CAEN 7312 is carried out by an advertising agency that also produces content, then CNA rules apply.
• Data protection: If the activity involves processing personal data of clients or target audiences, it is mandatory to appoint a data protection officer (DPO) and comply with the GDPR Regulation (679/2016) and Law 190/2018.

Control institutions include: the Tax Authority (ANAF) for fiscal matters, the Consumer Protection Authority (ANPC) for misleading advertising, the Competition Council for cartel agreements and, where applicable, CNA for audiovisual content.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal perspective, CAEN 7312 is a service activity, with implications regarding VAT, profit/income tax and reporting obligations. Specific elements:

• VAT registration: If turnover exceeds the threshold of RON 300,000 (year 2025) or if voluntary registration is opted for. It is advisable to analyze the advantages (VAT deduction on purchases) versus reporting obligations (monthly/quarterly returns, SAF-T, RO e-Factura).
• Tax base: Revenues from representation commissions are considered service provisions. They are taxed at 16% profit tax (or 1% on revenue for micro-enterprises, if conditions are met – turnover below EUR 500,000, at least 1 employee).
• ANAF audit risk: ANAF may check the reality of operations, especially if large commissions are recorded towards third parties (offshore) or unjustified deductible expenses. It is recommended to keep representation contracts, issued invoices and proof of payment. For cross-border transactions, transfer pricing rules apply.
• Specific accounting documents: Account sheets (clients, suppliers), sales/purchase journals are prepared. For collected commissions, account 704 (Income from services rendered) is used. Expenses for the purchase of media space are reflected in account 628 (Other expenses for services performed by third parties).
• Single declaration: In the case of PFA or associations, net income is determined based on single-entry bookkeeping, and tax and contributions are declared via the single declaration (form 212) by May 25.

It is recommended to consult an accounting expert for fiscal optimization, correct classification of expenses and avoidance of reclassification risks by the fiscal authorities.