I. Law no. 193/2020: new options for the payment of the disability
compensation charge
Authorities and public institutions, legal entities, public or private persons employing at least
50 employees are obliged to employ people with disabilities in a percentage of at least 4% of
the total number of employees. The new law now provides that authorities and public
institutions, legal entities, public or private persons who do not employ people with
disabilities, even though they employ more than 50 workers, can opt for one of the following
obligations:
to pay a monthly amount to the state budget equal to the equivalent of the national gross
minimum wage multiplied by the number of jobs that are not occupied by people with
disabilities as requested by law
to pay monthly to the State budget an amount equal to at least 50% of the national gross
minimum wage multiplied by the number of jobs that are not occupied by people with
disabilities as requested by law, and for the difference up to the above-mentioned
amount, to purchase products or services provided by the own activity of persons with
disabilities in authorized sheltered institutions on a partnership basis.
II. Law no. 108/2020: the declaration in relation to beneficial owners must
be submitted by 1 November 2020
Law 108/2020 comes with a number of important exceptions regarding the declaration of the
beneficial owner:
Companies whose shareholders are exclusively natural persons are no longer obliged to
submitt the declaration of beneficial owner if they are the sole beneficial owners. In the
case of such persons, in the absence of the declaration of the beneficial owner, the
National Commercial Registry Office shall, ex officio, complete the register of beneficial
owners of companies on the basis of the documents attached to the application for
registration or on the basis of the records kept in the case of companies already registered.
Companies whose shareholders are legal entities are obliged to make the declaration in
relation to the beneficial owner only when the company is established and in the case of
any change, within a period of 15 days after the change occurs.
For 2020, because it is the first year of filing the declaration in relation to the beneficial
owner, companies must file the declaration by 1 November 2020.
The reporting entities (lawyers, auditors, tax advisors, certain traders who carry out cash
transactions of at least €10,000) designated by Law No. 129/2019 must obtain additional
information on the business partner in order to obtain proof of registration of beneficial
owners or information from the central registers of beneficial owners when entering into a
new business relationship with persons subject to the obligation to register information on
the beneficial owner.
Companies that sell goods and carry out cash transactions of at least €10,000 must
appoint a person responsible for compliance with the obligations provided for by Law No.
129/2019.
Cryptocurrency service providers are obliged to identify and report suspicious transactions
to the authorities.
The declaration in relation to the beneficial owner can be made directly at the
Commercial Register, by mail, by value letter and receipt or by electronic remote
transmission. In the case of transmission to the Commercial Register by e-mail
(orcsb@sb.onrc.ro.), it will include the extended electronic signature as an
attachment or logically linked. A non-certified power of attorney is sufficient for
online submission with an extended electronic signature.
ektronischer Unterschrift reicht eine nichtbeglaubigte Vollmacht.