– Any natural person who ultimately owns or controls the customer and/or the natural person on whose behalf a transaction, operation, or activity is performed.
S.A. bearer shares will be converted into registered shares within 18 months of the enactment of this law.
Therefore, ONRC, Romanian Trade Registry, has the obligation to organize a registry in which the identifying data (name, first name, date of birth, CNP, series and no. Of the identity document, citizenship, domicile, residence) will be recorded, to the true beneficiaries of legal entities subject to the obligation. of registration in the Commercial Registry with the exception of: autonomous regions, national companies and corporations and companies wholly or mainly state-owned.
In this sense, legal entities must submit, on an annual basis or whenever a change occurs, a declaration regarding the beneficial owner of the Romanian legal entity in order to be registered in the register of real beneficiaries. The declaration includes the identification data of the beneficial owners and specifies how they exercise control over the company.
The annual statement is submitted to ONRC within 15 days of the date of approval of the financial statements and, if a change occurs, within 15 days of the date of the change.
The respective statement can be delivered directly in front of the representative of the Trade Office or can be submitted in notarized form to the ONRC, either personally or through a representative.
Companies registered on the effective date of the new regulations will submit the declaration of beneficial owners within 12 months from the effective date of this law. (July 22, 2020).
Failure to comply with these provisions constitutes a violation and is punishable by a fine of 5,000 to 10,000 Lei.
Lhe failure to submit the declaration also entails as an administrative penalty, the dissolution of the company, if within 30 days from the date of application of the penalty of the violation, the representative of the company does not fulfill this obligation.
