As you know, all entrepreneurs who own a company (SRL) have
the obligation to register the declaration of real beneficiary. In the article
below we will present more information regarding the registration of the
declaration of real beneficiary.
What is the legislative framework that requires us to
register this statement?
The legislative framework that provides for this obligation
is given by article no. 56 of ,, Law no. 129/2019 on preventing and combating
money laundering and terrorist financing ”.
Who has the obligation to submit the declaration of real
beneficiary?
According to par. 1 of article no. 56 states that: “The
legal persons subject to the obligation of registration in the trade register,
except for the autonomous regions, national companies and companies and
companies wholly or mainly owned by the state, submit a registration regarding
the registration, annually or whenever a change occurs a statement regarding
the real beneficiary of the legal person, in order to be registered in the
Register of the real beneficiaries of the companies. "
What is the deadline for submitting the declaration of real
beneficiary?
The deadline for submitting the declaration of real
beneficiary for 2020 is July 21.
How many times will the declaration of real beneficiary be
submitted?
The declaration of real beneficiary will be submitted
annually, starting this year.
What happens if you do not submit the declaration of real
beneficiary?
There are two major risks if the declaration of a real
beneficiary is not submitted, namely:
Either you are liable to a fine of approximately 10,000 lei.
Either the company can be dissolved, in case the real
beneficiary declaration is not registered.
How to file the declaration of real beneficiary at the Trade
Register?
The declaration of real beneficiary is registered with the
Trade Register as any other mention.
For the registration of the declaration of real beneficiary
you will need the following documents:
- Real beneficiary declaration in authentic form (this can be given either to the notary or to the Trade Register).
- Registration form.
- Copy from the identity card of the real beneficiary.
- The above documents will be placed in a foil (map) that will be attached to the file with you.
This file will be submitted to the Competent Trade Register
from the territorial area of the company headquarters.
How much does the procedure for registering the statement of
real beneficiary of the company cost?
There are no fees for registering the declaration of real
beneficiary, only the cost of legal services that you will pay to a lawyer, in
case you do not want to waste time waiting at the counter of the Trade
Register.
Although it is still a bureaucratic procedure, which many of
the companies will face, unfortunately the legislation must be respected and
this declaration must be filed within the legal term.
