The Annual financial statements for 2009 are submitted only to the Trade Register

In January 28, 2006 was published the Law 441/2006, which amended the Law. 31/1990 on trading companies introducing new measures on the submission of annual financial statements. Although initially the measures should have been applied from January 1st, 2007, its implementation was delayed until January 1, 2010. Thus, since 2010, the annual financial statements and related addendums in Romania will be submitted only to the Trade Register Office.

According to the existing notification on Trade Register’s website “annual financial statements for 2009 are submitted only in the county offices of the Trade Register respectively in the Trade Register Office of Bucharest. “

In January 28, 2006 was published the Law 441/2006, which amended the Law. 31/1990 on trading companies introducing new measures on the submission of annual financial statements. Although initially the measures should have been applied from January 1st, 2007, its implementation was delayed until January 1, 2010. Thus, since 2010, the annual financial statements and related addendums in Romania will be submitted only to the Trade Register Office.

According to the existing notification on Trade Register’s website “annual financial statements for 2009 are submitted only in the county offices of the Trade Register respectively in the Trade Register Office of Bucharest. “

In accordance with legal provisions, the person who may submit annual financial statements is the manager or a person authorized by him; when the financial situation is submitted by an employee of an accountancy company the empowerment must be granted by the administrator to the accounting company.

Documents to be submitted under current laws and stipulations made by the Trade Register are:

• “Demand deposit accounts at RC – No form ONRC. 11-10-187, completed according to the instructions for filling the document;
• Diskette or magnetic support with the data of the financial situation achieved with the financial assistance programs provided by the MPF, which will contain the files:

For financial statements of the commercial companies (abbreviated and long forms) and for insurance companies and / or reinsurance and insurance brokers, files:

• Unitate.txt
• Date.txt
• SumeControl.txt

For banks, credit unions, companies supervised by CNVM, companies in the field of private pensions, non-bank financial institutions, credit guarantee companies in the field of private pensions, files:

• Unitate.dbf
• Date.dbf
• annual financial statement signed and stamped by the persons entitled under the law;

Accompanying documents for the annual financial situation, by the law, are as it follows:

• According to MFP stipulations:
  • Explanatory notes to the financial statements (see models in MFP stipulations regarding the annual balance sheet) in accordance with European rules under section 8 of the Accounting Regulations in accordance with Directive IV of the European Economic Community;
  • Report: Administrator / Board / Directorate;
  • Report: auditors / Report revision commission – if any;
  • Proposal for distribution of profit / loss coverage;
  • Declaration in accordance with Art. 30 of the Accounting Law 82/1991 (model in MFP stipulations)

• According to Law 31/1990:
  
  • Minutes of general meeting of members / shareholders or the sole shareholder on the approval of the balance and profit and loss account at 31.12.2009;
  • Proof of the fee paid to the Register
  • Proof of payment of publication tax of the announcement in the MO for turnover exceeding 10 million lei (if any).”
  • It is mandatory that all documents listed accompany the financial situation.

According to the information of the Trade Register, at the time of the submission of the annual financial statements, it will be issued a confirmation receipt.

The deadline for the submission under the provisions of the Accounting Law no. 82-1991 is 150 days after the end of the tax year, respectively 60 days for inactivity statements.