BUSINESS BUSINESS ECONOMY LEGAL OUTLOOK

PFA and individual enterprises: avoid the risk of removal

According to the provisions of the Law 182/2016, the Authorized Natural Persons (ANP) and the Individual Enterprises (IE) must submit with the Trade Registry an update request concerning the maximum number of activity categories stated in their incorporation documents. Such update request is to be filled and submitted latest on March 18, 2019.

According to a press release of the Trade Registry, after March 18, 2019, the Trade Registry is entitled to remove form the Registry the Authorized Natural Persons as well as the Individual Enterprises which failed to fulfill the obligation of changing the incorporation documents as to comply with the law.

It is to be noted that the two forms of organization allowing a natural person to develop an economic activity are: the Authorized Natural Person (ANP-PFA), which would be a sort of self-employed person according to the French legislation) and the Individual Enterprise. According to the Ordinance of the Government no. 4 from April 6, 2008, the Individual Enterprise is an economical entity without legal capacity, incorporated by a natural person entrepreneur while the Authorized Natural Person is also an economical entity without legal capacity, incorporated by a natural person using mainly working force. The incorporation conditions, the type of organization as well as the tax system are almost the same for the Authorized Natural Person and for the Individual Enterprise. The main difference between the two structures is the number of employees they are allowed to employ (maximum three for the ANP and maximum eight for the IE) and the number of the categories of the main activities they may gather under their scope.

 

The main changes

 

According to the provisions of the Law no 182/2016 approving the Emergency Ordinance of the Government no 44/2008 concerning the activities carried out by the authorized natural persons, individual enterprises and family enterprises, an ANP is allowed to register up to 5 categories of activities covered by a CAEN code; while an individual enterprise (IE) is allowed to register up to maximum; 10 activity classes covered by CAEN code.

An ANP can carry out the registered activities on its own or hire maximum 3 persons that are to be employed on basis on a work agreement while the individual enterprise may employ maximum 8 persons within the same working regime.

The Law 182/2016 came into force on January 17, 2017 and stipulates that the ANP and the IE are to update their incorporation documents according with the new legislation concerning the allowed number of activity categories to be included in their scope and register such changes with the Trade Registry, as it may be the case, within a 2 years term.

Please note that the registration of the changes concerning the scope of such entities and issuance of the new registration certificates by the competent Trade Registry Office are free of charge and must be requested.

Should you be interested in finding more, click here to access the list of the Authorized Natural Persons and Individual Enterprises which hadn’t had fulfilled their https://www.onrc.ro/index.php/ro/legea-182-2016) .

 

GRUIA DUFAUT LAW OFFICE

 

www.gruiadufaut.com

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