Pursuant to the provisions of Article 10 paragraph (4) of Government Decision no. 34/2009 on the organization and functioning of the Ministry of Finance, as subsequently amended and supplemented, and of Article 4 paragraph (1) and Article 28 paragraph (2) of the Accounting Law no. 82/1991, republished, with subsequent amendments and completions,
the Minister of Finance issues the following order:
Article 1
The Accounting Reporting System for economic operators on June 30, 2021, provided in the annex that is an integral part of this order, is approved.
Article 2
(1 The accounting reporting system as of June 30, 2021, of the economic operators provided in Article 1 shall apply to the entities affected by the Accounting Regulations regarding the individual annual financial statements and the consolidated annual financial statements, approved by the Order of the Minister of Public Finance no. 1,802 / 2014, with subsequent amendments and completions, and which in the previous financial year recorded a net turnover higher than the RON equivalent of 1,000,000 euros.
(2). The accounting reporting system as of June 30, 2021, of the economic operators provided in Article 1 shall also apply to the persons affected by the Accounting Regulations compliant with the International Financial Reporting Standards, approved by Order of the Minister of Public Finance no. 2,844 / 2016, with subsequent amendments and completions, and which in the previous financial year recorded a net turnover higher than the RON equivalent of 1,000,000 euros
(3) The provisions of this order shall also apply to economic operators whose financial year is different from the calendar year.
(4). For the preparation of the accounting reports as at 30 June 2021, the compliance with the criteria set out in paragraph 1 and 2 shall be made on the basis of the indicators determined from the annual financial statements of the previous financial year, respectively the balance sheet of the previous financial year, using the exchange rate communicated by the National Bank of Romania, valid at the end of the previous financial year. The same provisions apply in the case of entities that have opted for a financial year different from the calendar year, according to the Accounting Law no. 82/1991, republished, with subsequent amendments and completions.
(5) The persons subject to this order are referred to as entities.
Article 3
(1) For the purpose of establishing the accounting reporting forms as of June 30, 2021, the economic operators that apply the Accounting Regulations regarding the individual annual financial statements and the consolidated annual financial statements, approved by the Order of the Minister of Public Finance no. 1,802 / 2014, with subsequent amendments and completions, take into account the criteria provided in point 9 of the respective regulations.
(2) The total active indicators, net turnover, and an average number of employees, according to which the applicable forms for accounting reporting are established, are determined on the basis of the annual financial statements of the previous financial year. The same provisions apply in the case of entities that have opted for a financial year different from the calendar year, according to the Accounting Law no. 82/1991, republished, with subsequent amendments and completions.
Article 4
In the case of legal entities that have subunits without legal personality, the activity carried out by them is summed up by the legal entity that prepares the accounting reporting on June 30, 2021.
Article 5
(1)In order to ensure the information intended for the institutional system of the state, the provisions of this order also apply to the subunits opened in Romania by companies resident in states belonging to the European Economic Area, as well as to permanent establishments in Romania belonging to legal entities based abroad. the chosen financial year, in accordance with the law. They shall verify that they meet the criteria set out in Article 2 on the basis of the indicators determined in accordance with the annual accounting reporting as of 31 December 2020.
(2) In the situation when the legal person with headquarters abroad carries out its activity in Romania through several permanent offices, the accounting reports required by the accounting law shall be drawn up by the permanent establishment designated to fulfill the fiscal obligations, reflecting the activity of all permanent offices. For this purpose, the designated permanent establishment shall sum up the information corresponding to the activity carried out by each permanent establishment.
(3)Foreign legal entities that have the place of exercising effective management in Romania are not subject to accounting reporting on June 30, 2021.
Article 6
The reporting obligations established by this order do not remove the obligation of economic operators with full or majority capital/patrimony held directly or indirectly by the central or local public authorities to carry out the reporting provided by the legislation applicable to them.
Article 7
The entities authorized, regulated, and supervised by the National Bank of Romania, respectively by the Financial Supervision Authority submit to the territorial units of the Ministry of Finance accounting reports on June 30, 2021, in the format and within the terms provided by the regulations issued by the National Bank of Romania, respectively by the Financial Supervisory Authority.