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May 26, 2020
BUSINESS BUSINESS COMPANIES ECONOMY EDITORIAL Finance FINANCE&BANKING LEGAL OUTLOOK OPINION POINTS OF VIEW

Gruia Dufaut Law Office: The Certificate of Emergency Situation- Procedure of Issuance

The Ministry of Economy, Energy and the Business Environment has issued the procedure to be followed by the companies whose activity is impacted upon by the effects of the pandemic of SARS CoV-2 in order to obtain the certificate of emergency situation allowing them to benefit from the fiscal incentives and the aids called for by the State. (Order no 791, Official Gazette no. 248/2020)

 

WHO QUALIFIES FOR THE CERTIFICATE OF EMERGENCY SITUATION ?

 

The companies whose activity ceased, totally or partially, due to the decisions enacted by the authorities in the context of the pandemic or whose business is impaired by the a drop of more than 25% of the turnover during the month of March as compared to the average income pertaining to the months of January-February 2020 qualify to benefit from the certificate issued by MEEBE.

The Certificate is to be used in the relationship with the public institutions in order to be granted incentives / aids provided for under the EGOs no. 29/2020 and 30/2020 and other normative acts regulating the measures bestowed in the context of the emergency state. It can also be used in the commercial relationships pursuant to the legal provisions.

 

THE CERTIFICATE OF EMERGENCY SITUATION

 

Is issued upon request, exclusively by electronic means, by accessing the platform http://prevenire.gov.ro/, only for the period of the emergency state declared in Romania ;

There are two types of certificate:

TYPE 1 (Blue) – issued on basis of a declaration under the sole responsibility certifying the total or partial cessation of the activity further to the decisions rendered by the competent public authorities during the emergency state ;

TYPE 2 (Yellow) – issued on basis of a declaration under sole responsibility certifying a drop of more than 25% of the turnover during the month of March as compared to the average income pertaining to the months of January-February 2020.

A company is allowed to apply for only one type of certificate of emergency situation ;

The certificate is automatically delivered, by electronic means, once the request is validated.

 

CONTENT OF THE FILE TO BE SUBMITTED ON-LINE

 

The file includes:

  1. a) the identification data of the applicant;
  2. b) the declaration under the sole responsibility of the legal representative (the template shall be published by the concerned Ministry on the platform http://prevenire.gov.ro.), certifying that the data and information provided as well as the underlying documents are true and accurate.

 

The file must be uploaded on the platform http://prevenire.gov.ro and shall bear the electronic signature of the legal representative of the economic operator or by an appointed person holding such an electronic signature.

 

ATTENTION! If the legal representative is not holder of an electronic signature the declaration can be signed by handwriting. The signed documents shall be uploaded on the said platform (the declaration under sole responsibility included) by a person appointed by the company and who holds an electronic signature. Hence, all files submitted must bear an electronic signature!

All applicants that are not registered with the Trade Registry must provide the information and the declaration hereinabove as well as the other documents certifying that the activity pursued is authorized.

 

VALIDITY AND VERIFICATION OF CERTIFICATES OF EMERGENCY SITUATION 

 

CES are valid without signature and stamp. The validity thereof can be checked on the platform http://prevenire.gov.ro/, by using the series and number of the Certificate ;

Within the inspections to be performed, the competent bodies shall also check the underlying documents submitted for the issuing of the Certificate of Emergency Situation. In case of reasonable grounds for suspecting that CES is obtained illegally, the competent bodies shall undertake appropriate measures.

 

 

GRUIA DUFAUT LAW OFFICE

Attorneys at law (Paris & Bucharest)

www.gruiadufaut.com

 

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