New temporary measures regarding the activity of the National Trade Registry Office within the context of the SARS-CoV-2 virus epidemic

On May 14, 2020, Government Emergency Ordinance No. 70/2020 (“GEO 70/2020”) on regulating certain measures, starting on May 15, 2020, within the context of the epidemiological situation generated by the spread of the SARS-CoV-2 coronavirus, for the extension of certain terms, for the amendment and supplementation of Law No. 227/2015 on the Tax Code, and of the National Education Law No. 1/2011, as well as other normative acts was published in the Official Gazette of Romania No. 394 and has entered into force at the same date.

While GEO 70/2020 regulates a set of measures in various fields, for the purpose of this article, we will be focusing on the temporary measures regarding the activity of the National Trade Registry Office, regulated under point III. Measures regarding the activity of the National Office of the Trade Registry following the evolution of the epidemic with the SARS-CoV-2 virus under such normative act.

Pursuant to the new enactment, for a 6 months term computed as of the date that the state of emergency ended[1], namely starting with May 15, 2020, the activity of the Trade Registry Office will be conducted primarily by electronic means and correspondence, the business hours open for working with the public being carried out during a 4-hour daily work schedule, divided into two sessions of two hours each.

Moreover, GEO 70/2020 provides for a few temporary measures aiming to simplify the formal requirements applicable to certain documents submitted to the Trade Registry Office, as follows:

1. Measures concerning the formal requirements applicable to affidavits and specimen signatories submitted to the Trade Registry Office

For a period of 6 months as of the end date of the state of emergency:

• affidavits to be attached to the application for registration/ other applications may be executed under private signature or in electronic form and may be delivered to the Trade Registry Office without any other formality, by electronic means, electronically signed or by using postal and courier services. Affidavits may also be in notarized form, certified by a lawyer or may be executed directly in front of the Trade Registry Office;
• the signature specimen may be delivered to the Registry Office notarized by the notary public or certified by a lawyer or executed under private signature, without any other formality, or it may be executed directly in front of the Trade Registry Office.

2. Measures concerning the submission of the statement regarding the beneficial owner

As per the provisions of GEO 70/2020, the deadline[2] for submitting the statement regarding the beneficial owner is extended until November 1, 2020.

Throughout this period (i.e., from the date of entry into force of GEO 70/2020 until November 1, 2020), these statements may be submitted in a simplified form, respectively as an act under private signature or in electronic form and may be delivered to the Trade Registry Office without any other formality by electronic means, in the latter case with an attached electronic signature, or by using postal and courier services.

[1] Established under Decree No. 195/2020 regarding the establishment of the state of emergency on the territory of Romania and extended under Decree No. 240/2020 regarding the extension of the state of emergency on the territory of Romania.

[2] Previously extended by Government Emergency Ordinance No. 29/2020 regarding certain economic and fiscal-budgetary measures.