9640

Authorization procedure and Trade Register aspects for CAEN 9640

When establishing a company that will carry out intermediation activities for personal services, classified under CAEN 9640, the standard registration procedure with the Trade Register (ONRC) must be followed. This involves submitting the registration application, the articles of incorporation, the affidavit according to Law 359/2004 regarding the fulfillment of operating conditions, as well as proof of the availability of the company name. There are no special prior endorsement requirements for this class, but the sole associate or administrator must declare the main object of activity according to the CAEN rev.3 Nomenclature. Upon registration, the code 9640 will be specified, and in the affidavit it will be mentioned that the activity does not require special operating authorizations, except where, by extension, related services are provided that may require permits (e.g., data protection services, etc.). After registration, the company must request fiscal registration with the Tax Authority (ANAF), obtain the fiscal registration certificate, and declare the fiscal vector.

Regulatory framework, specific approvals and control institutions

CAEN code 9640 covers intermediations for personal services, such as dating arrangements, concierge services, organization of private events, etc. There is no strict sectoral regulation, but the general provisions on consumer protection (Law 363/2007 on combating unfair practices of traders) and compliance with GDPR Regulation 679/2016 if personal data is processed are applicable. Control institutions include the Tax Authority (ANAF) for fiscal matters and the National Authority for Consumer Protection (ANPC) for verifying service compliance. It is not necessary to obtain prior approvals from line ministries, but a risk analysis regarding possible related activities (e.g., interpretation, translation services, which would require additional approvals) is recommended. For the provision of services to individuals, the legal conditions regarding distance contracts and the right of withdrawal must be observed.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, companies with CAEN 9640 are subject to corporate income tax (16%) or micro-enterprise income tax (1-3%), depending on classification. It is mandatory to issue invoices for intermediation commissions, applying the standard VAT rates (19%) if the exemption threshold (300,000 lei/year) is exceeded or if opting for VAT registration. The use of the RO e-Factura system for electronic reporting is recommended. The Tax Authority (ANAF) may initiate audits regarding the correctness of revenues and the deductibility of expenses, especially commissions paid to third parties. Accounting must distinctly reflect commission revenues, and the intermediation contracts must be kept in original. The major fiscal risk is underreporting of commission revenues, hence strict transaction records are required. Also, if the activity involves cash payments from clients, legal limits (10,000 lei/day) must be observed. The annual filing of the single declaration for income obtained by individuals (if applicable) is due by May 25 of each year. To avoid disputes, it is recommended to consult a lawyer specialized in commercial law for drafting intermediation contracts and confidentiality clauses.