Incorporations - Beneficial Owners
In compliance with the provisions of art. 56 of Law no. 129/2019 for preventing and combating money laundering and terrorism financing, as well as for amending and supplementing certain normative acts, as subsequently amended and supplemented:
(13) Supplementary from the obligation provided for by paragraph (1), the legal persons subject of the obligation of registration in the trade register, which have in the shareholding structure incorporated/registered entities and/or entities that have the fiscal office in jurisdictions which are fiscally non-cooperant and/or in jurisdictions with highly risk of money laundering and/or terrorism financing and/or in jurisdictions found under the monitorization of the relevant international organisms, for risk of money laundering/terrorism financing, submit, annually, a declaration on the beneficial owner of the legal person, for the registration in the Register of beneficial owners of the companies within 15 days from the approval of the annual financial statements.
(*) The deadline for submitting the declaration on the beneficial owner, provided for by art. 56 paragraph (13) is of 90 days from the ceasing of the state of alert.
(14) As exception from the provisions of paragraph (1), the legal persons incorporated in the trade register previous to the date of entering into force of the present law, except for the autonomous administrations, national companies and companies fully or majority owned by the state, submit a declaration on the beneficial owner of the legal person which is updated whenever a modification intervenes in order to be registered in the Register of beneficial owners of the companies. This obligation is considered to be fulfilled for the legal persons which submitted at least a declaration on the beneficial owner after the date of entering into force of the present law.
(3) If intervenes a change on the identification data of the beneficial owner, the declaration shall be submitted within 15 days from the date on which it intervened.
(4) The declaration on own responsibility of the legal representative of the legal person contains the identification data of the beneficial owners, namely the last name, the first name, the date and the place of birth, the personal code, the series and the number of the identity document, the citizenship, the domicile or the residence, as well as the ways of exercising the control over the legal person.
(5)The declaration on the beneficial owner may have the form of a deed under private signature or an electronic form and may be sent to the trade register office by electronic means, with electronic signature or by postal or courier services or it may be sent through the counter of the trade register office, personally or through a representative, in compliance with the legal provisions.
(6) The declaration on the beneficial owner may also be given in authenticated form in front of the representative of the trade register office or it may be submitted personally or through a representative, having a granted date given by the notary-public or certified by the lawyer.
(7) The obligation provided for by paragraph (1) is also fulfilled by including, upon incorporation, in the Articles of Association, of the identification data of the beneficial owners and of the ways of exercising the control over the legal person. The subsequent change of identification data of the beneficial owners does not set the obligation of drawing up a modifying document of the Articles of Association; their declaration is fulfilled under the conditions of paragraph (1).
(8) The Office (National Office for Prevention and Combating Money Laundering) ensures the publication, on its webpage, of the updated lists of the jurisdictions provided for by paragraph (13), lists which are elaborated by the competent international organisms.
IMPORTANT
The declaration on the beneficial owner may have the form of a deed under private signature or electronic form and it may be transmitted to the trade register office by electronic means, with electronic signature or through postal or courier services or through the counter of the trade register office, personally or through a representative, in compliance with the legal provisions.
The declaration on the beneficial owner may also be given in front of the representative of the trade register office or it may be submitted, personally or through a representative, having a granted date given by the notary-public or certified by the lawyer (indicative model of the declaration on the beneficial owner (deed under private signature), Application-form declaration on the beneficial owner (given in front of the representative of the trade register office attached to the law court), Guidance for filling in the "Declaration on the beneficial owners").