ANAF Order no.1193 / 2021 for the approval of the Procedure for registration of trust contracts or legal constructions similar to the trust, for the organization and functioning of the Central Register of Trusts and of legal constructions similar to trusts, for the approval of the Procedure for access to the Central Register of Trusts and of legal constructions similar to trusts, as well as for the approval of the model and content of some forms was published in the Official Gazette no. 779 dated August 12, 2021.
Thus, the normative act approves:
- the procedure for registering trust contracts or legal constructions similar to the trust, for organizing and functioning the Central Register of trusts, and for legal constructions similar to trusts.
- the procedure regarding the access to the Central Register of trusts and of the legal constructions similar to trusts.
- the model and content of the following forms:
- “Declaration of registration of trust contracts or legal constructions similar to the trust”;
- “Application for the issuance of the certificate of proof of registration of the trust contract or of the legal construction similar to the trust”.
- “Certificate of proof of the registration of the trust contract or of the legal construction similar to the trust in the Central Register of trusts and of the legal constructions similar to the trusts”;
- “Declaration regarding the discrepancies between the information regarding the real beneficiaries available in the Central Register of trusts and of the legal constructions similar to the trusts and the information held by the reporting authorities / entities”;
- “Application for online registration for access to information on the real beneficiaries of the Central Register of Trusts and legal constructions similar to trusts”;
- “Request for access to information on the real beneficiaries of the Central Register of Trusts and of legal constructions similar to trusts”;
- „Report on solving the requests for access to information on the real beneficiaries from the Central Register of trusts and legal constructions similar to trusts, submitted by the persons provided in article 19 paragraph (81) letters c) and d) of Law no. 129/2019 for the prevention and combating of money laundering and terrorist financing, as well as for the modification and completion of some normative acts, with the subsequent modifications and completions ”.
The procedure for registering trust contracts or legal constructions similar to the trust:
The procedure approved by Order 1193/2021 applies to persons who hold the status of trustee and have the obligation to register trust contracts and their amendments to the competent fiscal body, as well as to persons who hold an equivalent position in a legal construction similar to the trust.
Trust = the legal operation by which one or more constituents transfer real rights, debt rights, guarantees or other patrimonial rights or a set of such rights, present or future, to one or more trustees who exercise them for a specific purpose, in for the benefit of one or more beneficiaries. These rights constitute an autonomous patrimonial mass, distinct from the other rights and obligations from the patrimonies of the trustees. (Article 773 of the Civil Code)
The competent fiscal body is the fiscal body in whose fiscal record is registered as the payer of taxes, fees and contributions the designated trustee or the designated person who holds an equivalent position in a legal construction similar to the trust.
According to the procedure, for the registration of the trust contract, the trustee submits within one month from the date of concluding the trust contract the “Declaration of registration of trust contracts or legal constructions similar to the trust”, accompanied by a copy of the trust contract. The conformity with the original of the copy is made by the trustee by inscribing the mention “according to the original” and by his signature.
The declaration, accompanied by a copy of the trust contract, is submitted through the Virtual Private Space (SPV) service.
We mention that, if there are several trustees in a trust contract, the trust contract will be registered only by one of the trustees at the fiscal body competent in the administration of the trustee appointed to register the trust contract.
If in a contract of a legal construction similar to the trust there are several persons holding a position equivalent to the trustee, the contract of the legal construction similar to the trust will be registered only by one of the persons holding a position equivalent to the trustee to the competent fiscal body. the person who holds a position equivalent to the trustee appointed to register the legal construction similar to the trust.
The mentions regarding the modification or termination of the trust contract are declared by completing and submitting the declaration, having ticked in the form the box “Modification” or “Termination”, as the case may be, accompanied by the justifying documents.
Important! The date of registration with the fiscal body, the declaration of registration of the trust contract, subsequent amendments or its termination is the date of registration of the declaration on the portal, as it results from the electronic message sent by the information trading system, provided the content of the declaration is validated.
The department with attributions in the field of managing the taxpayers’ register within the competent fiscal body organizes the record of trust contracts and legal constructions similar to trusts in the “Central Register of trusts and legal constructions similar to trusts”, which is organized and managed in electronic format.
The specialized department verifies the concordance of the information entered in the declaration with those from the copy of the trust contract or of the legal construction similar to the trust.
Provided that there are no inconsistencies between the declaration and the trust contract or that of the legal construction similar to the trust, the registration in the Central Register of trusts and legal constructions similar to the trusts is made by the specialized department within 5 days from the date of filing the declaration.
Following the registration in the Central Register of trusts and legal constructions similar to trusts, the specialized department notifies, through SPV, the designated trustee or the designated person holding an equivalent position in a legal construction similar to the trust, regarding the registration date of the contract.
The date of registration of the trust contract or of the legal construction similar to the trust, of the subsequent modifications or of its termination is the date of its registration in the register.
The proof of the registration at the competent fiscal body of the trust contract or of the legal construction similar to the trust, of the subsequent modifications or of its termination is the declaration, accompanied by the notification by which the fiscal body notifies the date of registration in the register.
Registration and deletion of discrepancies regarding the real beneficiaries
The authorities that have access to the registers of the real beneficiaries or the reporting entities provided in article 5 of Law no. 129/2019 inform, under the conditions provided in article 19 paragraph (7) and (7 ^ 1) of Law no. 129/2019, the National Agency of Fiscal Administration and the National Office for Prevention and Combating Money Laundering regarding the existence of any inconsistencies between the information on real beneficiaries available in the Central Register of trusts and legal constructions similar to trusts and the information on real beneficiaries they hold.
In order to report discrepancies, the reporting authorities/entities submit the form “Declaration on discrepancies between information on beneficial owners available in the Central Register of Trusts and Legal Constructions Similar to Trusts and information held by reporting authorities/entities”, a model of which is provided in Annex no. . 6 to order 1193/2021.
| DECLARATION REGARDING THE DISCONCERNS BETWEEN THE INFORMATION REGARDING THE REAL BENEFICIARY AVAILABLE IN THE CENTRAL REGISTER OF TRUSTS AND LEGAL CONSTRUCTIONS SIMILAR TO TRUSTS AND INFORMATION HOLDED BY AUTHORITIES / ENTITIES |
- IDENTIFICATION DATA OF THE REPORTING AUTHORITY / ENTITY
Name |_________________________| | Fiscal identification code : |_|_|_|_|_|_|_|_|_|_|_|_|_| |
| Fiscal domicile (County / Sector, Locality, Street, no., Block, Unit, Floor, Apartment, Postal code) |_____________________________________________________________________| | |
| Phone |______________| Fax |__________________| E-mail |___________________| | |
- IDENTIFICATION DATA OF THE LEGAL REPRESENTATIVE
Name surname : |_________________________|
Quality: |_________________________________|
- IDENTIFICATION DATA OF THE TRUSTEE / PERSON HOLDING AN EQUIVALENT POSITION IN THE LEGAL CONSTRUCTION SIMILAR TO THE TRUST
Name : |___________________________| | Fiscal identification code : |_|_|_|_|_|_|_|_|_|_| |
| County |_____________| Local |_________________________| Sector |_________| | |
| Street |____________| No |____| Block |__| Unit |____| Floor |____| Apartment |___| | |
| Postal code |________| Phone |____________| Fax |__________| E-mail |___________| | |
- IDENTIFICATION DATA OF THE REAL BENEFICIARY OF THE TRUST OR LEGAL CONSTRUCTION SIMILAR TO THE TRUST
Name and surname: |__________________| | Fiscal identification code : |_|_|_|_|_|_|_|_|_|_|_|_|_| |
| Date of birth: |_|_|/|_|_|/|_|_|_|_| Series and no of identity card: |___________________| Nationality: |__________________| Country of Residence: |____________________| | |
Address or residence (full address):
|__________________________________________|
How to exercise control:
|__________________________________________|
Quality of the real beneficiary:
| |_| Constituent/constituents, as well as persons designated to represent his / her interests in accordance with the law | |_| Fiduciary |
| |_| Beneficiary/beneficiaries or, if his / their identity is not identified, the category of persons in whose main interest the trust or similar legal construction is constituted or operates | |_| The natural person who exercises control in the last resort over the trust or similar legal construction under foreign law through the direct or indirect exercise of the property right or by other means |
The nature and extent of the benefit-generating interest held:
|______________________________________________|
Trust contract no. |__________________| Date |_|_|/|_|_|/|_|_|_|_|
The reporting entities transmit the aforementioned declaration, in electronic format, through SPV.
The authorities that have access to the registers of the real beneficiaries transmit the declaration through SPV or through other technical modalities established by mutual agreement with the National Agency for Fiscal Administration.
Legal basis:
– ANAF Order 1193/2021 for the approval of the Procedure for registration of trust contracts or legal constructions similar to the trust, for the organization and functioning of the Central Register of Trusts and of legal constructions similar to trusts, for the approval of the Procedure for access to the Central Register of Trusts and legal constructions similar to trusts, as well as for approving the model and content of some forms;
– Civil Code of 2009 (Law no. 287/2009) – Republishing, with subsequent amendments and completions;
– Law 129/2019 for preventing and combating money laundering and terrorist financing, as well as for amending and supplementing some normative acts.