Authorising Company Activities in Romania

How company activities are authorised in Romania

In Romania, the activities that a company carries out at its registered office, at its secondary offices (branches and work points) or outside them must be authorised before they start. Since 26 November 2022, when Law no. 265/2022 on the trade register entered into force, this authorisation is obtained by registering in the trade register a standard declaration on own responsibility, by which the company states that it meets the legal conditions for carrying out the declared activities.

The declaration is filed together with the application for incorporation or, later, whenever a new secondary office is opened or new activities are added. It can be submitted at the trade register office or online, signed with a qualified electronic signature. The trade register issues a certificate attesting the registration of the declaration, which remains valid as long as the declared activities and operating conditions do not change.

If several activities are included in the articles of incorporation, but only some of them will be carried out at a work point, only those activities are declared for that work point.

The declaration does not replace the permits required by special laws. Activities with a significant impact on the environment are authorised separately by the environmental protection authorities, and many activities also need sector-specific permits, licenses or registrations before they start.

Carrying out activities without authorisation, or without meeting the declared conditions, may lead to fines and, in some cases, to the suspension of the activity following inspections by the competent authorities (public health, food safety, environmental protection, labour inspection, fire safety and others). It is also important to distinguish between the authorisation registered with the trade register and the operating approvals issued by the city hall for certain categories of activities (retail, restaurants, bars, etc.).

Documents usually required

• proof of the right to use the premises (title deed, lease, loan-for-use agreement, etc.);
• the standard declaration on own responsibility regarding the authorisation of the activities;
• where applicable, the corporate decision approving the opening of the secondary office or the change of activities, and the updated articles of incorporation;
• where business activity will be carried out in an apartment of a residential building, the approvals required by the law on owners’ associations.

Companies are no longer required to use a company stamp in their relations with the authorities.

Sector-specific permits and authorisations

Depending on the main and secondary activities and on the premises, a company may also need, among others:

• the operating approval of the city hall, for retail, public catering and other activities regulated locally;
• sanitary-veterinary and food safety registration or authorisation from the county Sanitary Veterinary and Food Safety Directorate (DSVSA), for restaurants, canteens, food shops and other food businesses;
• sanitary authorisation from the county Public Health Directorate (DSP), for activities subject to public health rules;
• fire safety approval and authorisation from the county Inspectorate for Emergency Situations (ISU), for buildings and premises in the categories that require it;
• an environmental permit from the county Environmental Protection Agency, for activities with an impact on the environment;
• licenses from the collective management organisations (UCMR-ADA, CREDIDAM, UPFR) for the public playing of music in cafés, bars, shops and similar premises;
• the approval of the city hall for illuminated advertising signs, where applicable;
• the classification certificate for accommodation units (hotels, guesthouses, hostels), issued by the Ministry of Economy, Digitalisation, Entrepreneurship and Tourism;
• the operating license for private security companies, issued by the General Inspectorate of the Romanian Police with the prior approval of the Romanian Intelligence Service;
• the authorisation of insurance and reinsurance companies and brokers by the Financial Supervisory Authority (ASF).

by Cristian Darie