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Ministry of Justice
National Trade Register Office

December 02, 2022

 

Documents required for registration in the trade register, fiscal registration and authorization of operation of credit cooperative organization as laid down in GEO no. 99/2006 on credit institutions and the adequacy of the capital (credit cooperatives and central houses of the credit cooperatives)

Information note regarding the processing of personal data

Preliminary operations

  1. Application for verification of company name availability and its reservation thereof (original) - application form, completed with three designations, in order of preferences, as well as for verification of the emblem availability and its reservation thereof, as appropriate - application form.

NOTE: The firm of a credit cooperative shall consist of an own name, followed by “cooperativă de credit” or “bancă cooperatistă”, with the specification of the locality where its registered office is situated. The chosen specification is mandatory for all the credit cooperatives of the same cooperative network. The firm of the central credit house consists of its own designation (mentioned above) followed by the specification "central house" or "central cooperative bank".

Registration

  1. Application for incorporation (original) - application form;
  2. Annex 1 regarding fiscal registration - application form  and, where appropriate, Annex 2 regarding foreign investment - application form;
  3. Statement Form of own responsibility, signed by the partners or administrators, attesting, as appropriate, that:
    • the legal person shall not carry out any of the stated activities at the space of the registered or secondary office/s or outside of these, for a period of maximum 3 years (model 1 - original); 
    • the legal person complies with the operating requirements provided for by the specific legislation in the field of food safety and sanitary-veterinary, environment protection and labor protection for the activities set out in the statement form (model 2original);
  4. Evidence of verification of company name availability and its reservation thereof and, where appropriate, of the emblem - details;
  5. Articles of Association (original) - details;
  6. Authorization for setting up a credit cooperative issued by the central house to which it shall be affiliated with or, as appropriate, the collective authorization for setting up of the system issued by the National Bank of Romania (copy certified by the part);
  7. Evidences that the partners paid up the contributions to the variable share capital (copy) - details;
  8. Statements of own responsibility of the administrators/managers/financial auditors attesting to their satisfying the legal conditions to hold such capacity (original) - details;
  9. Evidence of explicit acceptance of the mandate of the administrator/member of the Directorate by the persons who were appointed through the Articles of Association (original);
  10. Signature specimens of the authorized persons (original) - details;
  11. Information from the fiscal record (original) - details;
  12. Identity documents of founders, administrators, managers, members of the Supervisory Committee, members of the Directorate, financial auditors, auditors natural persons, as appropriate (copy certified by the part);
  13. Prior approval for the managers issued by the central house or, as appropriate, by the National Bank of Romania (copy certified by the part);
  14. As appropriate, authenticated statement of own responsibility of the natural person, foreign citizen, in own name or as representative of the  foreign legal person which is not tax registered in Romania, in the original and, as appropriate, translated by an authorized translator whose signature is authenticated by a notary public - details;
  15. Documents of incorporation of credit cooperatives, legal persons, founders of central houses - details;
  16. Mandate for the person authorized to sign the Articles of Association in the name and on behalf of the founder, legal person (original), in case of central houses of the credit cooperatives;
  17. Evidences regarding the registered/secondary office of the organization - details;
  18. As appropriate, the endorsement of the owners association for the change of destination of collective residential buildings, as set out in Law no.196/2018 (filled in on application – form – original) – details;
  19. For the Central houses of the credit cooperatives, evidence of the partnership decision (original) and/or Articles of Association of the involved credit cooperatives (certified copies);
  20. As appropriate, (special) power of attorney (in authenticated form) or delegation for the persons appointed to fulfill the legal formalities (original);
  21. Declaration on beneficial owner of a legal person - detailsapplication -form; indicative model of the declaration on the beneficial owner (document under private signature); Guidance for filling in the “Declaration on the beneficial owner”;
  22. Evidence of payment of legal charge - details:

Note:

  • The information from the fiscal record of the natural persons who have the obligation of presenting the fiscal record certificate are obtained by the trade register office, ex officio, from NAFA (National Agency for Fiscal Administration);
  • Settlement of the application lies with the director of the trade register office attached to the law court and/or the appointed person or persons, pursuant to the provisions of GEO no. 116/2009, who may dispose the submission of proving documents other than the ones already specified.
  • Assistance departments of the trade register offices attached to law courts may draw up documents or, where appropriate, grant a definite date, against payment of a fee.
  • The manuscript page of the documents submitted for publication in the Official Gazette of Romania represents 2000 signs, including the spaces. The documents submitted for publication in the Official Gazette of Romania shall have a legible content, 1.5 line spacing and font Times New Roman 12, without any deletions or additions that are not typed, which make incomprehensible their text. Model words counter 
  • The forms for the applications and the statement – forms may be accessed on the webpage of the institution at onrc.ro, section “Informații de interes public” (Public information), item “Formulare tip” (Application-forms), on the online services page, at https://portal.onrc.ro and they shall be distributed free of charge to each trade register office attached to the law court.
  • The application for registration, the documents provided for by law (original or copy certified by the part), filed and numbered, shall be submitted by the requester directly to the trade register office attached to the law court or by mail/courier, with declared-value letter and notice of receipt or by electronic means.
  • The application for registration needs to be accompanied by all the data and documents proving the fulfilment of the conditions for registration and, where appropriate, by the proof of payment of the charge according to the request, specified by the calculation note drawn up by the trade register office attached to the law court.
  • The application sent in electronic form, through the online services portal or by e-mail, shall have incorporated, attached or logically associated the extended electronic signature.
  • Upon the transmission by electronic means, the application for registration/submitting and mentioning documents/striking off and the documents requested by the law, in original, shall be signed with qualified electronic signature and in case of the documents requested in copy certified by the part, the copy is certified by a qualified electronic signature.
  • In case the documents are sent by mail, the identity document of the requester shall be attached, in a photocopy holograph certified by the bearer regarding the compliance with the original.
  • The documents whose registration, mentioning or publication is requested to the trade register office shall be edited by the applicant în Romanian, shall be legible, without any deletions or completions, under the sanction of their rejection.

 

 

This leaflet is intended to serve as a general guide to professionals regarding their obligations and the legal formalities that need to be fulfilled in order to register in the trade register.

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