RECODIFICATION OF CAEN CODES, novelty and necessity

The new CAEN code (Rev. 3) came into force on January 01, 2025.

Although neither a timetable for its implementation nor a deadline has been set, this classification will be done gradually, when each economic agent (SRL, SA, PFA, II, IF, etc.) will wish to make a change in the Trade Register in close connection with their main or secondary activity.

In short, it is about harmonizing the Romanian classification of activities in the national economy with the European one.

The list of activities in the new CAEN Rev.3 corresponds to the list of activities valid at European level.

The new classification presents several situations, such as:

• two, or more, Rev. 2 NACE Rev. 2 codes will be transformed into a single NACE Rev. 3 code;
• a single NACE Rev. 2 code will be transformed into one or more NACE Rev. 3 codes, in which case the economic operator will decide which code he considers best responds to his activity.
• Some caen rev 2 codes have remained unchanged even in the new rev 3 classification.

Although it is a process that involves filling in an application by which the economic agent requests the re-codification ex officio, following which he will receive a new registration certificate and information on all the re-codified objects, we specify that this operation leaves unchanged the certificates of establishment relating to the activities carried out at the registered office, secondary or third parties, as well as the status, which thus remain with old caen codes, which are not valid.

This is also where some institutions of the statute intervene, making the issuance of certain authorizations or licenses conditional on the presentation of the certificates of establishment with the operating permits and activities declared in the new version with caen rev 3.

Our recommendation is that when the company intends to make some changes to the Trade Register, it should also take into account this reclassification carried out in the form of a mention, not just by default, thus updating its certificates of establishment and articles of association by submitting an AGM resolution to this effect, the new rewritten articles of association, the request for mentions and the affidavit on the activities carried out according to the new caen rev.3 classification.