All companies are obliged to submit the Declaration of real beneficiaries no later than October 1, 2021 SANCTION: FINE AND THEN DISSOLUTION OF THE COMPANY

All companies are obliged to submit the Declaration of real beneficiaries no later than October 1, 2021 SANCTION: FINE AND THEN DISSOLUTION OF THE COMPANY
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  • All companies are obliged to submit the Declaration of real beneficiaries no later than October 1, 2021 SANCTION: FINE AND THEN DISSOLUTION OF THE COMPANY

On October 1, 2021, the deadline for submitting the annual declaration regarding the real beneficiaries of the legal persons subject to the obligation to register in the trade register, provided in art. 56 para. (4) of Law no. 129/2019 for preventing and combating money laundering and terrorist financing.

According to the provisions of art. 62 para. (1) of Law no. 129/2019, as amended by GEO no. 191/2020 for the extension of the deadlines for submitting documents provided for by associations and foundations, as well as legal entities registered in the trade register, the deadline for submitting the declaration on beneficial owners for companies registered in the trade register until the date of entry into force of referred to in the law, except for those provided in art. 56 para. (11), is a maximum of 90 days from the end of the alert state.

real beneficiaries picture
real beneficiaries picture

  • In order to avoid the occurrence of errors when entering the data from the declarations on one’s own responsibility in the Register of Real Beneficiaries, it is recommended to edit them.
  • The declaration regarding the real beneficiaries may take the form of a document under private signature or electronic form and may be sent to the trade register office by electronic means, with electronic signature, or by postal and courier services.
  • The annual declaration regarding the real beneficiaries can also be submitted in person at the trade register office attached to the court where the legal person has its registered office, in spaces specially arranged for this purpose.

Failure by the legal representative of the legal persons of the obligation to submit the declaration regarding the identification data of the real beneficiaries constitutes a contravention shall be sanctioned with a fine; if within 30 days from the date of application of the contravention sanction the representative of the legal person does not submit the declaration regarding the identification data of the real beneficiaries, the court will be able to pronounce the dissolution of the company. (art. 57 of Law no. 129/2019)

Our law firm offers all the necessary advice to fulfill this legal obligation.

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