Trust contracts and legal constructions similar to trust (2)

Requesting and issuing the certificate of proof of registration of the trust contract:

If the trustees or persons holding equivalent positions in a legal construction similar to the trust are established or reside in different Member States or if the trustee or person holding an equivalent position in the legal construction similar to the trust engages in relations on behalf of the trust or similar legal construction in different Member States, the tax authority shall issue, on request, the form “Certificate of proof of registration of the trust contract or similar legal construction in the Central Register of Trusts and similar legal constructions trusts “, provided in annex no. 5 to order 1193/2021.

Competent territorial unit ………………………….. Nr. ……………. Date …. / …. / …… As a result of Application no. ………… from …. / …. / …… it is hereby certified that the Trust Contract / of the legal construction similar to trust no. …………… from …. / …. / …… in the Central Register of trusts and legal constructions similar to trusts. The trustee (s) or the person/persons holding an equivalent position in the legal construction is/are:

The name: ………………………………….

Fiscal identification code: ………………………………

Domicile: …………………………………..

Real beneficiary (ies): Name and surname: ……………………….

Month and year of birth: …………………………

Nationality and country of residence: …………………………………..

The nature and extent of the interest-bearing interest held: ………………………

HEAD OF THE FISCAL UNIT,

Document containing personal data protected by the provisions of Regulation (EU) 2016/679

The application for the issuance of the proof certificate is submitted, through the “Virtual Private Space” service, by the trustee / person holding an equivalent position in an equivalent construction similar to the trust, who registered the trust contract / legal construction contract similar to the trust. The model and the content of the application are provided in annex no. 4 the order.

Procedure for access to the Central Register of Trusts and Legal Constructions Similar to Trusts:

Access to the Central Register of trusts and legal constructions similar to trusts for the persons provided in art. 19 paragraph (8 ^ 1) letter a) of Law no. 129/2019 (authorities that have supervisory and control powers)

The National Office for the Prevention and Combating of Money Laundering (ONPCSB) has direct and direct access to the Central Register of Trusts and of legal constructions similar to trusts.

The technical access modality is established by a protocol concluded between the National Agency for Fiscal Administration and the National Office for Prevention and Combating Money Laundering.

The authorities with supervisory and control powers have direct, timely and unrestricted access to the Central Register of Trusts.

The structures subordinated to the National Agency for Fiscal Administration have access to the Central Register of Trusts, according to the attributions established by the organization and functioning regulation.

The access of the persons who have the quality of reporting entity to the information from the Central Register of trusts and of the legal constructions similar to trusts:

The reporting entities, provided in art. 19 paragraph (8 ^ 1) letter b) of Law no. 129/2019, request the information regarding the real beneficiaries of the trust contracts by completing and electronically transmitting the Request for access to information on the real beneficiaries of the Central Register of Trusts and Legal Constructions Similar to Trusts

The request is sent through the Virtual Private Space service.

The request must be accompanied by documents proving that the reporting entity requests information for the application of customer awareness measures.

We mention that the fiscal body competent for solving the request is the fiscal body in whose fiscal record the reporting entity is registered.

The competent fiscal body verifies, based on the attached documents, if the reporting entity requests information for the application of the measures for knowing the clientele, within 5 working days from the receipt of the request.

If the request for information is not justified, the applicant is informed that the request for access has been rejected.

If the request for information is justified, the request is solved based on the data from the Central Register of Trusts by filling in, with the help of the computer application, a response form. According to Order 1193/2021, the response form contains the following information about the real beneficiary, taken from the Central Register of Trusts:

– name and surname;

– month and year of birth;

– nationality and country of residence;

– the nature and extent of the interest-bearing interest held.

The data regarding the real beneficiary are completed, at least, for the following persons: – constituent/constituents, as well as persons designated to represent his / her interests in accordance with the law;

– trust;

– beneficiary/beneficiaries or, in case his / their identity is not identified, the category of persons in whose main interest the trust or similar legal construction is constituted or functions;

– any other natural person who exercises control in the last resort over the trust or the similar legal construction from the foreign law by the direct or indirect exercise of the property right or by other means. If the trust contract or, as the case may be, of the legal construction similar to the trust indicated in the application cannot be identified in the Central Register of Trusts, the answer sent through the Virtual Private Space will contain the message:

„The trust / legal construction contract similar to trust no. . . . . . . . . . . from the date. . . . . . . . . ./. . . . . . . . . ./. . . . . . . . . . it is not registered in the Central Register of trusts and legal constructions similar to trusts ”.

Legal basis:

– Order ANAF 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.